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

ACTS AND RESOLVES 



MASSACHUSETTS. 



1780-Sl. 



NOTICE 



This volume has been prepared under chapter 104 
of the Resolves of 1889, and contains all the Acts and 
Resolves, including the Tax Acts, passed by the General 
Court of Massachusetts during the political years of 
1780 and 1781. 

The numbering of the Acts according to each politi- 
cal year, as hitherto adopted, and as printed in the 
edition of General Laws published in 1823 by Asahel 
Stearns and Lemuel Shaw, Commissioners, has been 
followed; and, in addition, at the head of each chap- 
ter, is given the session at which it passed, with its 
session number as printed in the original edition. At 
the end of each Act is the date of its approval. 

The Resolves are numbered according to sessions, 
as in the original edition, no other numbering ever 
having been hitherto adopted. 

A copious index has been added, which Avill afford 
ready access to the contents of the volume. 

HENRY B. PEIRCE, 

Secvetarif of the ComnionwealtJi. 



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS. 



[Reprinted under Chapter 104 of the Resolves of 1889.] 



' BOSTON: 

Printed by Benjamin Edes and Sons, 

Printers to His Excellency the GOVERNOR, the COUNCIL 
and SENATE of the Commonwealth oi Massachusetts. 

M,DCC,LXXXI. 



Reprinted by Wright & Potter Printing Company, State Printers. 

1890. 



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< ,* * * *i 
, , , 1 1 1 « 



A Constitution or Frame of Government for the 
Commonwealth of Massachusetts. 



PREAMBLE. 

The end of the institution, maintenance and administration of 
government, is to secure the existence of the body-politic ; to pro- 
tect it ; and to furnish the individuals who compose it, with the 
power of enjoying, in safety and tranquility, their natural rights, 
and the blessings of life : And whenever these great objects are not 
obtained, the people have a right to alter the government, and to 
take measures necessary for their safety, prosperity and happiness. 

The body-politic is formed by a voluntary association of indi- 
viduals : It is a social compact, by which the whole people cov- 
enants with each citizen, and each citizen with the whole people, 
that all shall be governed by certain laws for the common good. 
It is the duty of the people, therefore, in framing a Constitution of 
Government, to provide for an equitable mode of making laws, as 
well as for an impartial interpretation, and a faithful execution of 
them ; that every man may, at all times, find his security in them. 

WE, therefore, the people of Massachusetts, acknowledging 
with grateful hearts, the goodness of the Great Legislator of the 
Universe, in affording us, in the course of His Providence, an 
opportunity, deliberately and peaceably, without fraud, violence 
or surprize, of entering into an original, explicit, and solemn com- 
pact with each other ; and of forming a new Constitution of Civil 
Government, for ourselves and posterity ; and devoutly imploring 
His direction in so interesting a design, DO agree upon, ordain 
and establish, the following Decla7-atton of Rights, and Frame 
of Governfnent, as the CONSTITUTION of the COMMON- 
WEALTH of Massachusetts. 



PART THE First. 

A DECLARATION of the RIGHTS of the Inhabitants of the 
Commonwealth of Massachusetts. 

Art. I. All men are born free and equal, and have certain 
natural, essential and unalienable rights; among which may be 
reckoned the right of enjoying and defending their lives and 



[4] CONSTITUTION OF THE 

liberties; that of acquiring, possessing, and protecting property; 
in fine, that of seeking and obtaining their safety and happiness. 

II. It is the right as well as the duty of all men in society, 
publicly, and at stated seasons, to worship the SUPREME BEING, 
the great creator and preserver of the universe. And no subject shall 
be hurt, molested, or restrained, in his person, liberty, or estate, 
for worshipping GOD in the manner and season most agreeable to 
the dictates of his own conscience ; or for his religious profession 
or sentiments ; provided he doth not disturb the public peace, or 
obstruct others in their religious worship. 

III. As the happiness of a people, and the good order and 
preservation of civil government, essentially depend upon piety, 
religion and morality ; and as these cannot be generally diffused 
through a community, but by the institution of the public worship 
of GOD, and of public instructions in piety, religion and morality : 
Therefore, to promote their happiness, and to secure the good 
order and preservation of their government, the people of this 
Commonwealth have a right to invest their Legislature with power 
to authorise and require, and the Legislature shall, from time to 
time, authorise and require, the several towns, parishes, precincts 
and other bodies-politic, or religious societies, to make suitable 
provision, at their own expence, for the institution of the public 
worship of GOD, and for the support and maintenance of public 
protestant teachers of piety, religion and morality, in all cases 
where such provision shall not be made voluntarily. 

And the people of this Commonwealth have also a right to, 
and do, invest their Legislature with authority to enjoin upon all 
the subjects an attendance upon the instructions of the public 
teachers aforesaid, at stated times and seasons, if there be any 
on whose instructions they can conscienciously and conveniently 
attend. 

Provided notwithstanding, that the several towns, parishes, pre- 
cincts, and other bodies-politic, or religious societies, shall, at all 
times, have the exclusive right of electing their public teachers, 
and of contracting with them for their support and maintenance. 

And all monies paid by the subject to the support of the public 
worship, and of the public teachers aforesaid, shall, if he require 
it, be uniformly applied to the support of the public teacher or 
teachers of his own religious sect or denomination, provided there 
be any on whose instructions he attends ; otherwise it may be paid 
towards the support of the teacher or teachers of the parish or pre- 
cinct in which the said monies are raised. 

And every denomination of christians, demeaning themselves 
peaceably, and as good subjects of the Commonwealth, shall be 



COMMONWEALTH OF MASSACHUSETTS. [5] 

equally under the protection of the law : And no subordination of 
any one sect or denomination to another shall ever be established 
by law. 

IV. The people of this Commonwealth have the sole and exclu- 
sive right of governing themselves as a free, sovereign, and inde- 
pendent state; and do, and forever hereafter shall, exercise and 
enjoy every power, jurisdiction, and right, which is not, or may 
not hereafter be by them expresly delegated to the United States 
of America in Congress assembled. 

V. All power residing originally in the people, and being 
derived from them, the several magistrates and officers of govern- 
ment, vested with authority, whether legislative, executive, or 
judicial, are their substitutes and agents, and are at all times 
accountable to them. 

VI. No man, nor corporation, or association of men, have an}^ 
other title to obtain advantages, or particular and exclusive privi- 
leges distinct from those of the community, than what arises from 
the consideration of services rendered to the public ; and this title 
being in nature neither hereditary nor transmissible to children, or 
descendants, or relations by blood, the idea of a man born a magis- 
trate, law-giver, or judge, is absurd and unnatural. 

VII. Government is instituted for the common good ; for the 
protection, safety, prosperity and happiness of the people ; and not 
for the profit, honor, or private interest of any one man, family or 
class of men : Therefore the people alone have an incontestible, 
unalienable, and indefeasible right to institute government ; and 
to reform, alter, or totally change the same, when their protection, 
safety, prosperit}' and happiness require it. 

VIII. In order to prevent those, who are vested with authority, 
from becoming oppressors, the people have a right, at such periods 
and in such manner as they shall establish by their frame of gov- 
ernment, to cause their public officers to return to private life ; 
and to fill up vacant places by certain and regular elections and 
appointments. 

IX. All elections ought to be free, and all the inhabitants of 
this Commonwealth, having such qualifications as they shall estab- 
lish by their frame of government, have an equal right to elect 
officers, and to be elected, for public employments. 

X. Each individual of the society, has a right to be protected 
by it in the enjoyment of his life, liberty and property, according 
to standing laws. He is obliged, consequentlv, to contribute his 
share to the expence of this protection ; to give his personal service, 
or an equivalent, when necessarv : But no part of the property of 
any individual, can, with justice, be taken from him, or applied to 



[6] CONSTITUTION OF THE 

public uses, without his own consent, or that of the representative 
body of the people : In line, the people of this Commonwealth, are 
not controulable by any other laws, than those to which their con- 
stitutional representative body have given their consent. And 
whenever the public exigencies require, that the property of any 
individual should be appropriated to public uses, he shall receive 
a reasonable compensation therefor. 

XI. Every subject of the Commonwealth ought to find a certain 
remed}', by having recourse to the laws for all injuries or wrongs 
which he may receive in his person, property, or character. He 
ought to obtain right and justice freely, and without being obliged 
to purchase it ; compleatly, and without any denial ; promptly, and 
without delay ; conformably to the laws. 

XII. No subject shall be held to answer for any crime or 
offence, until the same is fully and plainly, substantially and 
formally, described to him ; or be compelled to accuse, or furnish 
evidence against himself. And every subject shall have a right 
to produce all proofs, that may be favourable to him ; to meet the 
witnesses against him face to face, and to be fully heard in his 
defence by himself, or his council, at his election. And no subject 
shall be arrested, imprisoned, despoiled, or deprived of his prop- 
erty, immunities, or privileges, put out of the protection of the 
law, exiled, or deprived of his life, liberty, or estate, but by the 
judgment of his peers, or the law of the land. 

And the Legislature shall not make any law, that shall subject 
any person to a capital or infamous punishment, excepting for the 
government of the army and navy, without trial by jury. 

XIII. In criminal prosecutions, the verification of facts in the 
vicinitv where they happen, is one of the greatest securities of the 
life, liberty and property of the citizen. 

XIV. Every subject has a right to be secure from all unreason- 
able searches, and seizures, of his person, his houses, his papers, 
and all his possessions. All warrants, therefore, are contrary to 
this right, if the cause or foundation of them be not previously 
supported by oath or affirmation ; and if the order in the warrant 
to a civil officer, to make search in suspected places, or to arrest 
one or more suspected persons, or to seize their property, be not 
accompanied with a special designation of the persons or objects 
of search, arrest, or seizure : And no warrant ought to be issued 
but in cases, and with the formalities, prescribed by the laws. 

XV. In all controversies concerning property, and in all suits 
between two or more persons, except in cases in which it has 
heretofore been otherways used and practiced, the parties have a 
right to a trial by jury ; and this method of procedure shall be 



COMMONWEALTH OF MASSACHUSETTS. [7] 

held sacred, unless, in causes arising on the high seas, and such 
as relate to mariners wages, the legislature shall hereafter find it 
necessary to alter it. 

XVI. The liberty of the press is essential to the security of 
freedom in a State, it ought not, therefore, to be restrained in this 
Commonwealth. 

XVII. The people have a right to keep and to bear arms for 
the common defence. And as in time of peace armies are dan- 
gerous to liberty, they ought not to be maintained without the 
consent of the legislature ; and the military power shall always 
be held in an exact subordination to the civil authority, and be 
governed by it. 

XVIII. A frequent recurrence to the fundamental principles of 
the constitution, and a constant adherence to those of piety, justice, 
moderation, temperance, industry, and frugality, are absolutely 
necessarv to preserve the advantages of liberty, and to maintain 
a free government. The people ought, consequently, to have a 
particular attention to all those principles, in the choice of their 
officers and representatives : And they have a right to require of 
their law-givers and magistrates, an exact and constant observance 
of them, in the formation and execution of the laws necessary for 
the good administration of the Commonwealth. 

XIX. The people have a right, in an orderly and peaceable 
manner, to assemble to consult upon the common good : give 
instructions to their representatives ; and to request of the legis- 
lative bodv, by the way of addresses, petitions, or remonstrances, 
redress of the wrongs done them, and of the grievances they 
suffer. 

XX. The power of suspending the laws, or the execution of the 
laws, ought never to be exercised but by the legislature, or by 
authoritv derived from it, to be exercised in such particular cases 
onh' as the legislature shall expresly provide for. 

XXI. The freedom of deliberation, speech and debate, in either 
house of the legislature, is so essential to the rights of the people, 
that it cannot be the foundation of any accusation or prosecution, 
action, or complaint, in any other court or place whatsoever. 

XXII. The legislature ought frequently to assemble for the 
redress of grievances, for correcting, strengthening, and confirm- 
ing the laws, and for making new laws, as the common good may 
require. 

XXIII. No subsidy, charge, tax, impost, or duties, ought to be 
established, fixed, laid, or levied, under an}^ pretext whatsoever, 
without the consent of the people, or their representatives in the 
legislature. 



[8] CONSTITUTION OF THE 

XXIV. Laws made to punish for actions done before the exist- 
ence of such laws, and which have not been declared crimes by 
preceeding laws, are unjust, oppressive, and inconsistent with the 
fundamental principles of a free government. 

XXV. No subject ought, in any case, or in any time to be 
declared guilty of treason or felony by the legislature. 

XXVI. No magistrate or court of law, shall demand excessive 
bail or sureties, impose excessive fines, or inflict cruel or unusual 
punishments. 

XXVII. In time of peace no soldier ought to be quartered in 
any house without the consent of the owner ; and in time of war 
such quarters ought not to be made but by the civil magistrate, in 
a manner ordained by the legislature. 

XXVIII. No person can in any case be subjected to law-mar- 
tial, or to any penalties or pains, by virtue of that law, except those 
employed in the army or navy, and except the militia in actual 
service, but by authority of the legislature. 

XXIX. It is essential to the preservation of the rights of every 
individual, his life, liberty, property and character, that there be 
an impartial interpretation of the laws, and administration of 
justice. It is the right of every citizen to be tried by judges as 
free, impartial and independent as the lot of humanity will admit. 
It is therefore not only the best policy, but for the security of the 
rights of the people, and of every citizen, that the judges of the 
supreme judicial court should hold their offices as long as they 
behave themselves well ; and that they should have honorable 
salaries ascertained and established by standing laws. 

XXX. In the government of this Commonwealth, the legisla- 
tive department shall never exercise the executive and judicial 
powers, or either of them : The executive shall never exercise the 
legislative and judicial powers, or either of them : The judicial 
shall never exercise the legislative and executive powers, or either 
of them : to the end it may be a government of laws and not of 
men. 



PART THE Second. 

The Frame of Government. 

The people inhabiting the territory formerly called the Province 
of Massachusetts-Bay, do hereby solemnly and mutually agree with 
each other, to form themselves into a free, sovereign, and indepen- 
dent body-politic, or State, by the name of THE COMMON- 
WEALTH OF MASSACHUSETTS. 



COMMONWEALTH OF MASSACHUSETTS. [9] 

CHAPTER I. 

The Legislative Power. 

SECTION L 

The General Court. 

Art. L The department of legislation shall be formed by two 
branches, a Senate and House of Representatives : each of which 
shall have a negative on the other. 

The legislative body shall assemble every year on the last Wed- 
nesday in May, and at such other times as they shall judge neces- 
sary ; and shall dissolve and be dissolved on the day next preceeding 
the said last Wednesday in May ; and shall be stiled, The Gen- 
eral Court 0/ Massachusetts. 

n. No bill or resolve of the Senate or House of Representa- 
tives shall become a law, and have force as such, until it shall 
have been laid before the Governor for his revisal : And if he, 
upon such revision, approve thereof, he shall signify his approba- 
tion by signing the same. But if he have any objection to the 
passing of such bill or resolve, he shall return the same, together 
with his objections thereto, in writing, to the Senate or House of 
Representatives, in which soever the same shall have originated; 
who shall enter the objections sent down by the Governor, at large, 
on their records, and proceed to reconsider the said bill or resolve : 
But if after such reconsideration, two thirds of the said Senate or 
House of Representatives, shall, notwithstanding the said objec- 
tions, agree to pass the same, it shall, together with the objections, 
be sent to the other branch of the legislature, where it shall also 
be reconsidered, and if approved by two thirds of the members 
present, it shall have the force of a law : But in all such cases, 
the votes of both houses shall be determined by yeas and nays ; 
and the names of the persons voting for, or against, the said bill 
or resolve, shall be entered upon the public records of the Com- 
monwealth. 

And in order to prevent unnecessary delays, if any bill or 
resolve shall not be returned by the Governor within five days 
after it shall have been presented, the same shall have''. ^orce 
of a law. 

HL The General Court shall forever have full power and 
authority to erect and constitute judicatories and courts of record, 
or other courts, to be held in the name of the Commonwealth, 
for the hearing, trying, and determining of all manner of crimes, 



[lo] CONSTITUTION OF THE 

offences, pleas, processes, plaints, actions, matters, causes and 
things, whatsoever, arising or happening within the Common- 
wealth, or between or concerning persons inhabiting, or resid- 
ing, or brought within the same ; whether the same be criminal 
or civil, or whether the said crimes be capital or not capital, and 
whether the said pleas be real, personal, or mixt ; and for the 
awarding and making out of execution thereupon : To which 
courts and judicatorie's are hereby given and granted full power 
and authority, from time to time, to administer oaths or affirma- 
tions, for the better discovery of truth in any matter in contro- 
versy or depending before them. 

IV. And further, full power and authorit}' are hereby given and 
granted to the said General Court, from time to time, to make, ordain, 
and establish, all manner of wholesome and reasonable orders, laws, 
statutes, and ordinances, directions and instructions, either with 
penalties or without ; so as the same be not repugnant or contrary 
to this Constitution, as they shall judge to be for the good and 
welfare of this Commonwealth, and for the government and order- 
ing thereof, and of the subjects of the same, and for the necessary 
support and defence of the government thereof; and to name and 
settle annually, or provide by fixed laws, for the naming and set- 
tling all civil officers within the said Commonwealth ; the election 
and constitution of whom are not hereafter in this Form of Govern- 
ment otherwise provided for ; and to set forth the several duties, 
powers and limits, of the several civil and military officers of this 
Commonwealth, and the forms of such oaths or affirmations as 
shall be respectively administered unto them for the execution of 
their several offices and places, so as the same be not repugnant 
or contrary to this Constitution ; and to impose and levy propor- 
tional and reasonable assessments, rates and taxes, upon all the 
inhabitants of, and persons resident, and estates lying, within the 
said Commonwealth ; and also to impose, and levy, reasonable 
duties and excises, upon any produce, goods, wares, merchandize, 
and commodides whatsoever, brought into, produced, manufact- 
ured, or being within the same ; to be issued and disposed of by 
warrant, under the hand of the Governor of this Commonwealth 
for the time being, with the advice and consent of the Council, for 
the public service, in the necessary defence and support of the 
government of the said Commonwealth, and the protection and 
preservation of the subjects thereof, according to such acts as are 
or shall be in force within the same. 

And while the public charges of government, or any part thereof, 
shall be assessed on polls and estates in the manner that has hith- 
erto been practiced ; in order that such assessments may be made 



COMMONWEALTH OF MASSACHUSETTS, [ii] 

with equality, there shall be a valuation of estates within the Com- 
monwealth taken anew once in every ten years at the least, and as 
much oftener as the General Court shall order. 



CHAPTER I. 

SECTION II. 

SENATE. 

Art. I. There shall be annually elected by the freeholders and 
other inhabitants of this Commonwealth, qualified as in this Consti- 
tution is provided, forty persons to be Counsellors and Senators for 
the year ensuing their election ; to be chosen by the inhabitants of 
the districts, into which the Commonwealth may from time to time 
be divided by the General Court for that purpose : And the General 
Court, in assigning the numbers to be elected by the respective 
districts, shall govern themselves by the proportion of the public 
taxes paid by the said districts ; and timely make known, to the 
inhabitants of the Commonwealth, the limits of each district, and 
the number of Counsellors and Senators to be chosen therein ; pro- 
vided that the number of such districts shall never be less than 
thirteen ; and that no district be so large as to entitle the same to 
choose more than six Senators. 

And the several counties in this Commonwealth shall, until the 
General Court shall determine it necessary to alter the said dis- 
tricts, be districts for the choice of Counsellors and Senators 
(except that the counties of Dukes-County and Nantucket shall 
form one district for that purpose) and shall elect the following 
number for Counsellors and Senators, viz. 



Suffolk 


Six 


York 


Two 


Essex 


Six 


Dukes-County 


^One 


Middlesex 


Five 


and Nantucket 


Hampshire 


Four 


Worcester 


Five 


Plymouth 


Three 


Cumberland 


One 


Barnstable 


One 


Lincoln 


One 


Bristol 


Three 


Berkshire 


Two 



II. The Senate shall be the first branch of the legislature ; and 
the Senators shall be chosen in the following manner, viz. There 
shall be a meeting on the first Monday in April annually, forever, 
of the inhabitants of each town in the several counties of this Com- 
monwealth ; to be called by the Selectmen, and warned in due 
course of law, at least seven days before the first Monday in April, 



[i2] CONSTITUTION OF THE 

for the purpose of electing persons to be Senators and Counsellors ; 
And at such meetings every male inhabitant of twenty-one years 
of age and upwards, having a freehold estate within the Common- 
wealth, of the annual income of three pounds, or any estate of the 
value of sixty pounds, shall have a right to give in his vote for the 
Senators for the district of which he is an inhabitant. And to 
remove all doubts concerning the meaning of the word "Inhabi- 
tant," in this Constitution, every person shall be considered as an 
inhabitant, for the purpose of electing and being elected into any 
office or place within this State, in that town, district or plantation, 
where he dwelleth, or hath his home. 

The Selectmen of the several towns shall preside at such meet- 
ings impartially, and shall receive the votes of all the inhabitants 
of such towns present and qualified to vote for Senators, and shall 
sort and count them in open town-meeting, and in presence of the 
Town-Clerk, who shall make a fair record, in presence of the 
Selectmen, and in open town-meeting, of the name of every per- 
son voted for, and of the number of votes against his name ; and a 
fair copy of this record shall be attested by the Selectmen and the 
Town-Clerk, and shall be sealed up, directed to the Secretary of 
the Commonwealth for the time being, with a superscription, 
expressing the purport of the contents thereof, and delivered by 
the Town-Clerk of such towns, to the Sheriff of the county in 
which such town lies, thirty days at least before the last Wednes- 
day in May annually ; or it shall be delivered into the Secretary's 
office seventeen days at least before the said last Wednesday in 
May; and the Sheriff of each county shall deliver all such certifi- 
cates by him received into the Secretary's office seventeen days 
before the said last Wednesday in May. 

And the inhabitants of plantations unincorporated, qualified as 
this Constitution provides, who are or shall be empowered and 
required to assess taxes upon themselves toward the support of 
government, shall have the same privilege of voting for Counsellors 
and Senators in the plantations where they reside, as town inhabi- 
tants have in their respective towns ; and the plantation-meetings 
for that purpose shall be held annually on the same first Monday 
in April, at such place in the plantations respectively, as the 
Assessors thereof shall direct ; which Assessors shall have like 
authority for notifying the electors, collecting and returning the 
votes, as the Selectmen and Town-Clerks have in their several 
towns, by this Constitution. And all other persons living in places 
unincorporated, (qualified as aforesaid) who shall be assessed to 
the support of government by the Assessors of an adjacent town, 
shall have the privilege of giving in their votes for Counsellors and 



COMMONWEALTH OF MASSACHUSETTS. [13] 

Senators, in the town where they shall be assessed, and be notified 
of the place of meeting by the Selectmen of the town where they 
shall be assessed, for that purpose accordingly. 

HI. And that there may be a due convention of Senators on the 
last Wednesday in May annually, the Governor, with five of the 
Council, for the time being, shall, as soon as may be, exarnine 
the returned copies of such records ; and fourteen days before the 
said day he shall issue his summons to such persons as shall appear 
to be chosen by a majority of voters, to attend on that day, and 
take their seats accordingl}^ : Provided nevertheless, that for the 
first year the said returned copies shall be examined by the Presi- 
dent and five of the Council of the former Constitution of Gov- 
ernment ; and the said President shall, in like manner issue his 
summons to the persons so elected, that they may take their seats 
as aforesaid. 

IV. The Senate shall be the final judge of the elections, returns 
and qualifications of their own members, as pointed out in the Con- 
stitution ; and shall, on the said last Wednesday in May annually, 
determine and declare who are elected by each district, to be Sen- 
ators by a majority of votes : And in case there shall not appear to 
be the full number of Senators returned elected by a majorit}' of 
votes for any district, the deficiency shall be supplied in the follow- 
ing manner, viz. The members of the House of Representatives, 
and such Senators as shall be declared elected, shall take the 
names of such persons as shall be found to have the highest num- 
ber of votes in such district, and not elected, amounting to twice 
the number of Senators wanting, if there be so many voted for ; 
and out of these, shall elect by ballot a numbef of Senators suffi- 
cient to fill up the vacancies in such district ; and in this manner 
all such vacancies shall be filled up in every district of the Com- 
monwealth ; and in like manner all vacancies in the Senate, arising 
by death, removal out of the State, or otherwise, shall be supplied 
as soon as may be, after such vacancies shall happen. 

V. Provided nevertheless, that no person shall be capable of 
being elected as a Senator, who is not seized in his own right of a 
freehold within this Commonwealth, of the value of three hundred 
pounds at least, or possessed of personal estate to the value of six 
hundred pounds at least, or of both to the amount of the same sum, 
and who has not been an inhabitant of this Commonwealth for the 
space of five years immediately preceeding his election, and at the 
time of his election, he shall be an inhabitant in the district for 
which he shall be chosen. 

VI. The Senate shall have power to adjourn themselves, pro- 
vided such adjournments do not exceed two days at a time. 



[14] CONSTITUTION OF THE 

VII. The Senate shall choose its own President, appoint its 
own officers, and determine its own rules of proceedings. 

VIII. The Senate shall be a court with full authority to hear 
and determine all impeachments made by the House of Represen- 
tatives, against any officer or officers of the Commonwealth, for 
misconduct and mal-administration in their offices. But previous 
to the trial of every impeachment, the members of the Senate shall 
respectively be sworn, truly and impartially to try and determine the 
charge in question, according to evidence. Their judgment, how- 
ever, shall not extend further than to removal from office, and 
disqualification to hold or enjoy any place of honor, trust, or profit, 
under this Commonwealth : But the party so convicted, shall be 
nevertheless, liable to indictment, trial, judgment, and punishment, 
according to the laws of the land. 

IX. Not less than sixteen members of the Senate shall consti- 
tute a quorum for doing business. 



CHAPTER I. 

S ECTI ON I I I. 

House of Representatives. 

Art. I. There shall be in the Legislature of this Common- 
wealth, a representation of the people, annually elected, and 
founded upon the principle of equality. 

II, And in order to provide for a representation of the citizens 
of this Commonwealth, founded upon the principle of equality, 
every corporate town containing one hundred and fifty rateable 
polls, may elect one Representative : every corporate town, con- 
taining three hundred and sevent3^-five rateable polls, may elect 
two Representatives : every corporate town, containing six hundred 
rateable polls, may elect three Representatives ; and proceeding 
in that manner, making two hundred and twenty-five rateable polls 
the mean increasing number for every additional Representative. 

Provided nevertheless, that each town now incorporated, not 
having one hundred and fifty rateable polls, may elect one Repre- 
sentative : But no place shall hereafter be incorporated with the 
privilege of electing a Representative, unless there are within the 
same one hundred and fifty rateable polls. 

And the House of Representatives shall have power from time 
to time to impose fines upon such towns as shall neglect to choose 
and return members to the same, agreeably to this Constitution. 



COMMONWEALTH OF MASSACHUSETTS. [15J 

The expences of travelling to the General Assembly, and return- 
ing home, once in every session and no more, shall be paid by the 
government, out of the public treasury, to every member who shall 
attend as seasonably as he can, in the judgment of the House, and 
does not depart without leave. 

in. Every member of the House of Representatives shall be 
chosen by written votes ; and for one year at least next preceeding 
his election, shall have been an inhabitant of, and have been seized 
in his own right of a freehold of the value of one hundred pounds 
within the town he shall be chosen to represent, or any rateable 
estate to the value of two hundred pounds ; and he shall cease to 
represent the said town immediately on his ceasing to be qualified 
as aforesaid. 

IV. Every male person, being twenty-one years of age, and 
resident in any particular town in this Commonwealth for the 
space of one year next preceeding, having a freehold estate within 
the same town, of the annual income of three pounds, or any estate 
of the value of sixty pounds, shall have a right to vote in the 
choice of a Representative, or Representatives for the said town. 

V. The members of the House of Representatives shall be 
chosen annually in the month of May, ten days at least before the 
last Wednesday of that month. 

VI. The House of Representatives shall be the Grand Inquest 
of this Commonwealth ; and all impeachments made by them, shall 
be heard and tried by the Senate. 

VII. All money-bills shall originate in the House of Represent- 
atives ; but the Senate may propose or concur with amendments, 
as on other bills. 

VIII. The House of Representatives shall have power to 
adjourn themselves ; provided such adjournment shall not exceed 
two days at a time. 

IX. Not less than sixty members of the House of Representa- 
tives, shall constitute a quorum for doing business. 

X. The House of Representatives shall be the judge of the 
returns, elections, and qualifications of its own members as pointed 
out in the Constitution ; shall chuse their own Speaker ; appoint 
their own officers, and settle the rules and orders of proceeding in 
their own House : They shall have authority to punish by impris- 
onment, every person, not a member, who shall be guilty of disre- 
spect to the House, by an}' disorderly, or contemptuous behaviour 
in its presence ; or who, in the town where the General Court is 
sitting, and during the time of its sitting, shall threaten harm to 
the body or estate of any of its members, for any thing said or 
done in the House ; or who shall assault any of them therefor ; or 



[i6] CONSTITUTION OF THE 

who shall assault, or arrest any witness, or other person, ordered 
to attend the House, in his way in going, or returning ; or who 
shall rescue any person arrested by the order of the House. 

And no member of the House of Representatives shall be 
arres-ted, or held to bail on mean process, during his going unto, 
returning from, or his attending the General Assembly. 

XI. The Senate shall have the same powers in the like cases ; 
and the Governor and Council shall have the same authority to 
punish in like cases. Provided that no imprisonment on the war- 
rant or order of the Governor, Council, Senate, or House of Rep- 
resentatives, for either of the above-described offences be for a term 
exceeding thirty days. 

And the Senate and House of Representatives may try, and 
determine, all cases where their rights and privileges are concerned, 
and which, by the Constitution, they have authority to try and 
determine, by committees of their own members, or in such other 
way as they may respectively think best. 



CHAPTERII. 

Executive Power. 
SECTION. I. 

GOVERNOR. 

Art. I. There shall be a supreme executive Magistrate, who 
shall be stiled, THE GOVERNOR OF THE COMMON- 
WEALTH OF MASSACHUSETTS ; and whose title shall be 
— HIS EXCELLENCY. 

II. The Governor shall be chosen annually : And no person 
shall be eligible to this office, unless at the time of his election, 
he shall have been an inhabitant of this Commonwealth for seven 
years next preceeding ; and unless he shall, at the same time, be 
seized in his own right, of a freehold within the Commonwealth, of 
the value of one thousand pounds ; and unless he shall declare 
himself to be of the christian religion. 

III. Those persons who shall be qualified to vote for Senators 
and Representatives, within the several towns iDf this Common- 
wealth, shall, at a meeting to be called for that purpose, on the 
first Monday of Apn'l annually, give in their votes for a Governor, 
to the Selectmen, who shall preside at such meetings ; and the 
Town-Clerk, in the presence and with the assistance of the Select- 



COMMONWEALTH OF MASSACHUSETTS. [17] 

men, shall, in open town-meeting, sort and count the votes, and 
form a list of the persons voted for, with the number of votes for 
each person against his name ; and shall make a fair record of the 
same in the town books, and a public declaration thereof in the 
said meeting ; and shall, in the presence of the inhabitants, seal up 
copies of the said list, attested by him and the Selectmen, and 
transmit the same to the Sheriff of the county, thirty days at least 
before the last Wednesday in May ; and the Sheriff shall transmit 
the same to the Secretary's office, seventeen days at least before 
the said last Wednesday in May; or the Selectmen may cause 
returns of the same to be made to the office of the Secretary of the 
Commonwealth, seventeen days at least before the said day ; and 
the Secretary shall lay the same before the Senate and the House 
of Representatives, on the last Wednesday in May, to be by them 
examined : And in case of an election by a majority of all the 
votes returned, the choice shall be by them declared and pub- 
lished : But if no person shall have a majority of votes, the House 
of Representatives shall, by ballot, elect two out of four persons 
who had the highest numbers of votes, if so many shall have been 
voted for ; but, if otherwise, out of the number voted for ; and 
make return to the Senate of the two persons so elected ; on which, 
the Senate shall proceed, by ballot, to elect one, who shall be 
declared Governor. 

IV. The Governor shall have authority, from time to time, at 
his discretion, to assemble and call together the Counsellors of 
this Commonwealth for the time being ; and the Governor, with 
the said Counsellors, or five of them at least, shall, and may, from 
time to time, hold and keep a Council, for the ordering and direct- 
ing the affairs of the Commonwealth, agreeably to the Constitution 
and the laws of the land. 

V. The Governor, with advice of Council, shall have full 
power and authority, during the session of the General Court, to 
adjourn or prorogue the same to any time the two Houses shall 
desire ; and to dissolve the same on the day next preceeding the 
last Wednesday in May ; and, in the recess of the said Court, to 
prorogue the same from time to time, not exceeding ninety days in 
any one recess ; and to call it together sooner than the time to 
which it may be adjourned or prorogued, if the welfare of the 
Commonwealth shall require the same : And in case of any infec- 
tious distemper prevailing in the place where the said Court is 
next at any time to convene, or any other cause happening where- 
by danger may arise to the health or lives of the members from 
their attendance, he may direct the session to be held at some other 
the most convenient place within the State. 



[i8] CONSTITUTION OF THE 

And the Governor shall dissolve the said General Court on the 
day next preceeding the last Wednesday in May. 

VI. In cases of disagreement between the two Houses, with 
regard to the necessity, expediency or time of adjournment, or 
prorogation, the Governor, with advice of the Council, shall have 
a right to adjourn or prorogue the General Court, not exceeding 
ninety days, as he shall determine the public good shall require. 

VII. The Governor of this Commonwealth for the time being, 
shall be the commander in chief of the army and navy, and of all 
the military forces of the State, by sea and land; and shall have 
full power by himself, or by any commander, or other officer or 
officers, from time to time, to train, instruct, exercise and govern 
the militia and navy ; and for the special defence and safety of 
the Commonwealth, to assemble in martial array, and put in war- 
like posture, the inhabitants thereof, and to lead and conduct them, 
and with them, to encounter, repel, resist, expel and pursue, by 
force of arms, as well by sea as by land, within or without the 
limits of this Commonwealth, and also to kill, slay and destroy, if 
necessary, and conquer by all fitting ways, enterprizes and means 
whatsoever, all and every such person and persons as shall, at 
any time hereafter, in a hostile manner, attempt or enterprize 
the destruction, invasion, detriment, or annoyance of this Com- 
monwealth ; and to use and exercise, over the army and navy, 
and over the militia in actual service, the law-martial, in time 
of war or invasion, and also in time of rebellion, declared by 
the legislature to exist, as occasion shall necessarily require ; 
and to take and surprize by all ways and means whatsoever, 
all and every such person or persons, with their ships, arms, 
ammunition and other goods, as shall, in a hostile manner, 
invade or attempt the invading, conquering, or annoying this 
Commonwealth ; and that the Governor be intrusted with all 
these and other powers, incident to the offices of Captain-General 
and Commander in Chief, and Admiral, to be exercised agreeably 
to the rules and regulations of the Constitution, and the laws of 
the land, and not otherwise. 

Provided, that the said Governor shall not, at any time here- 
after, by virtue of any power b}' this Constitution granted, or here- 
after to be granted to him by the legislature, transport any of the 
inhabitants of this Commonwealth, or oblige them to march out of 
the limits of the same, without their free and voluntary consent, or 
the consent of the General Court ; except so far as may be neces- 
sary to march or transport them by land or water for the defence 
of such part of the State, to which they cannot otherwise conven- 
ientlv have access. 



COMMONWEALTH OF MASSACHUSETTS. [19] 

VIII. The power of pardoning offences, except such as persons 
may be convicted of before the Senate by an impeachment of the 
House, shall be in the Governor, by and with the advice of Coun- 
cil : But no charter of pardon, granted by the Governor, with 
advice of the Council, before conviction, shall avail the party 
pleading the same, notwithstanding any general or particular 
expressions contained therein, descriptive of the offence or offences 
intended to be pardoned. 

IX. All judicial officers, the Attorney-General, the Solicitor- 
General, all Sheriffs, Coroners, and Registers of Probate, shall be 
nominated and appointed by the Governor, by and with the advice 
and consent of the Council ; and every such nomination shall be 
made by the Governor, and made at least' seven days prior to such 
appointment. 

X. The Captains and Subalterns of the militia, shall be elected 
by the written votes of the train-band and alarm-list of their 
respective companies, of twenty-one years of age and upwards : 
The Field-Officers of regiments shall be elected by the written 
votes of the Captains and Subalterns of their respective regiments : 
The Brigadiers shall be elected in like manner, by the Field-Officers 
of their respective brigades : And such officers, so elected, shall be 
commissioned by the Governor, who shall determine their rank. 

The legislature shall, by standing laws, direct the time and 
manner of convening the electors, and of collecting votes, and of 
certifying to the Governor the officers elected. 

The Major-Generals shall be appointed by the Senate and House 
of Representatives, each having a negative upon the other ; and 
be commissioned by the Governor. 

And if the electors of Brigadiers, Field-Officers, Captains or 
Subalterns, shall neglect or refuse to make such elections, after 
being duly notified, according to the laws for the time being, 
then the Governor, with advice of Council, shall appoint suitable 
persons to fill such offices. 

And no officer duly commissioned to command in the militia, 
shall be removed from his office, but by the address of both Houses 
to the Governor, or by fair trial in court-martial, pursuant to the 
laws of the Commonwealth for the time being. 

The commanding officers of regiments shall appoint their Adju- 
tants and Quarter-Masters ; the Brigadiers their Brigade Majors ; 
and the Major-Generals their Aids ; and the Governor shall ap- 
point the Adjutant- General. 

The Governor with advice of Council, shall appoint all officers 
of the continental army, whom by the confederation of the United 
States it is provided that this Commonwealth shall appoint, — as 
also all officers of forts and garrisons. 



[2o] CONSTITUTION OF THE 

The divisions of the militia into brigades, regiments and com- 
panies, made in pursuance of the miHtia laws now in force, shall 
be considered as the proper divisions of the militia of this Common- 
wealth, until the same shall be altered in pursuance of some future 
law. 

XI. No monies shall be issued out of the treasury of this Com- 
monwealth, and disposed of (except such sums as may be appro- 
priated for the redemption of bills of credit or Treasurer's notes, or 
for the payment of interest^ arising thereon) but by warrant under 
the hand of the Governor for the time being, with the advice and 
consent of the Council, for the necessary defence and support of 
the Commonwealth ; and for the protection and preservation of 
the inhabitants thereof, agreeably to the acts and resolves of the 
General Court. 

XII. All public boards, the Commissar3'-General, all superin- 
tending officers of public magazines and stores, belonging to this 
Commonwealth, and all commanding officers of forts and garrisons 
within the same, shall once in every three months, officially, and 
without requisition, and at other times, when required by the Gov- 
ernor, deliver to him an account of all goods, stores, provisions, 
ammunition, cannon with their appendages, and small arms with 
their accoutrements, and of all other public property whatever 
under their care respectively ; distinguishing the quantity, number, 
quality and kind of each, as particularly as may be ; together with 
the condition of such forts and garrisons : And the said command- 
ing officer shall exhibit to the Governor, when required by him, 
true and exact plans of such forts, and of the land and sea, or 
harbour or harbours adjacent. 

And the said boards, and all public officers, shall communicate 
to the Governor, as soon as may be after receiving the same, all 
letters, dispatches, and intelligences of a public nature, which 
shall be directed to them respectively. 

XIII. As the public good requires that the Governor should 
not be under the undue influence of any of the members of the 
General Court, by a dependence on them for his support — that he 
should in all cases, act with freedom for the benefit of the public — 
that he should not have his attention necessarily diverted from that 
object to his private concerns — and that he should maintain the 
dignity of the Commonwealth in the character of its chief magis- 
trate — it is necessary that he should have an honorable stated 
salary, of a fixed and permanent value, amply sufficient for those 
purposes, and established b}^ standing laws : And it shall be among 
the first acts of the General Court, after the commencement of this 
Constitution, to establish such salary by law accordingly. 



COMMONWEALTH OF MASSACHUSETTS. [21] 

Permanent and honorable salaries shall also be established by- 
law for the Justices of the supreme judicial court. 

And if it shall be found that any of the salaries aforesaid, so 
established, are insufficient, they shall, from time to time, be 
enlarged as the General Court shall judge proper. 



CHAPTER II. 

SECTION II. 

Lieutenant-Governor. 

Art. I. There shall be annually elected a Lieutenant-Governor 
of the Commonwealth of Massachusetts, whose title shall be — 
HIS HONOR — and who shall be qualified, in point of religion, 
property, and residence in the Commonwealth, in the same manner 
with the Governor : And the day and manner of his election, and 
the qualifications of the electors shall be the same as are required 
in the election of a Governor. The return of the votes for this offi- 
cer, and the declaration of his election, shall be in the same man- 
ner : And if no one person shall be found to have a majority of all 
the votes returned, the vacancy shall be filled by the Senate and 
House of Representatives, in the same manner as the Governor is 
to be elected, in case no one person shall have a majority of the 
votes of the people to be Governor. 

II. The Governor, and in his absence the Lieutenant-Governor, 
shall be President of the Council, but shall have no vote in Coun- 
cil : And the Lieutenant-Governor shall always be a member of the 
Council, except when the chair of the Governor shall be vacant. 

III. Whenever the chair of the Governor shall be vacant, by rea- 
son of his death, or absence from the Commonwealth, or otherwise, 
the Lieutenant-Governor, for the time being, shall, during such 
vacancy, perform all the duties incumbent upon the Governor, and 
shall have and exercise all the powers and authorities which by this 
Constitution the Governor is vested with, when personally present. 



CHAPTER II. 
SECTION III. 

Council, and the Manner of settling Elections by the Legislature. 

Art. I. There shall be a Council for advising the Governor in 
the executive part of government, to consist ofnine persons besides 
the Lieutenant-Governor, whom the Governor for the time being, 



[22] CONSTITUTION OF THE 

shall have full power and authority from time to time, at his dis- 
cretion, to assemble and call together. And the Governor, with 
the said Counsellors, or five of them at least, shall and may, from 
time to time, hold and keep a Council, for the ordering and direct- 
ing the affairs of the Commonwealth, according to the laws of the 
land. 

II. Nine Counsellors shall be annually chosen from among the 
persons returned for Counsellors and Senators, on the last Wednes- 
day in jJfay, by the joint ballot of the Senators and Representa- 
tives assembled in one room : And in case there shall not be found 
upon the first choice, the whole number of nine persons who will 
accept a seat in the Council, the deficiency shall be made up by 
the electors aforesaid from among the people at large ; and the 
number of Senators left shall constitute the Senate for the 3'ear. 
The seats of the persons thus elected from the Senate, and accept- 
ing the trust, shall be vacated in the Senate. 

III. The Counsellors, in the civil arrangements of the Common- 
wealth, shall have rank next after the Lieutenant-Governor. 

IV. Not more than two Counsellors shall be chosen out of any 
one district of this Commonwealth. 

V. The resolutions and advice of the Council shall be recorded 
in a register, and signed by the members present ; and this record 
may be called for at any time by either House of the Legislature ; 
and an}^ member of the Council may insert his opinion contrary to 
the resolution of the majority. 

V^I. Whenever the office of the Governor and Lieutenant-Gov- 
ernor shall be vacant, by reason of death, absence, or otherwise, 
then the Council, or the major part of them, shall, during such 
vacancy, have full power and authority, to do, and execute, all 
and every such acts, matters and things, as the Governor or 
the Lieutenant-Governor might or could, by virtue of this Consti- 
tution, do or execute, if they, or either of them, were personally 
present. 

VII. And whereas the elections appointed to be made by this 
Constitution, on the last Wednesday in Afay annually, by the two 
Houses of the Legislature, may not be compleated on that day, the 
said elections may be adjourned from da}^ to day until the same 
shall be compleated. And the order of elections shall be as fol- 
lows : The vacancies in the Senate, if any, shall first be filled 
up ; the Governor and Lieutenant-Governor shall then be elected, 
pa)vided there should be no choice of them by the people : And 
anerwards the two Houses shall proceed to the election of the 
Council. 



COMMONWEALTH OF MASSACHUSETTS. [23] 



CHAPTER II. 
SECTION IV. 

Secretary, Treasurer, Commissary, &c. 

Art. I. The Secretary, Treasurer and Receiver-General, and the 
Commissary-General, Notaries-Public, and Naval-Officers, shall be 
chosen annually, by joint ballot of the Senators and Representa- 
tives in one room. And that the citizens of this Commonwealth 
may be assured, from time to time, that the monies remaining in 
the public treasurer, upon the settlement and liquidation of the 
public accounts, are their property, no man shall be eligible as 
Treasurer and Receiver-General more than five years successively. 

II. The records of the Commonwealth shall be kept in the 
office of the Secretary, who may appoint his Deputies, for whose 
conduct he shall be accountable, and he shall attend the Governor 
and Council, the Senate and House- of Representatives, in person, 
or by his Deputies, as they shall respectively require. 



CHAPTER III. 

Judiciary Power. 

Art. I. The tenure, that all commission officers shall by law 
have in their offices, shall be expressed in their respective commis- 
sions. iVll judicial officers, duly appointed, commissioned and 
sworn, shall hold their offices during good behavior, excepting 
such concerning whom there is different provision made in this 
Constitution : Provided nevertheless, the Governor, with consent 
of the Council, may remove them upon the address of both Houses 
of the Lecrislature. 

II. Each branch of the Legislature, as well as the Governor 
and Council, shall have authoritv to require the opinions of the 
Justices of the supreme judicial court, upon important questions of 
law, and upon solemn occasions. 

III. In order that the people may not suffer from the long 
continuance in place of any Justice of the Peace, who shall fail 
of discharging the important duties of his office with ability or 
fidelity, all commissions of Justices of the Peace shall expire and 
become void, in the term of seven years from their respective 
dates ; and upon the expiration of any commission, the same may, 
if necessary, be renewed, or another person appointed, as shall 
most conduce to the well-being of the Commonwealth. 



[24] CONSTITUTION OF THE 

IV. The Judges of Probate of Wills, and for granting letters of 
administration, shall hold their courts at such place or places, on 
fixed days, as the convenience of the people shall require. And 
the Legislature shall, from time to time, hereafter appoint such 
times and places ; until which appointments, the said courts shall 
be holden at the times and places which the respective Judges 
shall direct. 

V. All causes of marriage, divorce and alimony, and all 
appeals from the Judges of Probate, shall be heard and determined 
by the Governor and Council until the Legislature shall, by law^ 
make other provision. 



CHAPTER. IV. 

Delegates to Congress. 

The Delegates of this Commonwealth to the Congress of the 
United States, shall, sometime in the month of ytcne annually, be 
elected by the joint ballot of the Senate and House of Representa- 
tives, assembled together in one room ; to serve in Congress for 
one year, to commence on the first Monday in November then 
next ensuing. They shall have commissions under the hand of 
the Governor, and the great seal of the Commonwealth ; but may 
be recalled at any time within the year, and others chosen and 
commissioned, in the same manner, in their stead. 



CHAPTER V. 

The University at Cambridge^ and Encouragement of Litera- 
ture, &c. 

SECTION. I. 

The University. 

Art. I. Whereas our wise and pious ancestors, so early as the 
year one thousand six hundred and thirty-six, laid the foundation 
of Harvard-College, in which university many persons of great 
eminence have, by the blessing of GOD, been initiated in those 
arts and sciences, which qualified them for public employments 
both in Church and State : And whereas the encouragement of 
arts and sciences, and all good literature, tends to the honor of 
GOD, the advantage of the christian religion, and the great bene- 



COMMONWEALTH OF MASSACHUSETTS. [25] 

fit of this and the other United States of America — It is declared, 
That the PRESIDENT and FELLOWS of HARVARD-COL- 
LEGE, in their corporate capacity, and their successors in that 
capacity, their officers and servants, shall have, hold, use, exer- 
cise and enjoy, all the powers, authorities, rights, liberties, privi- 
leges, immunities and franchises, which they now have, or are 
intitled to have, hold, use, exercise and enjoy : And the same are 
hereby ratified and contirmed unto them, the said President and 
Fellows of Harvard-College, and to their successors, and to. their 
officers and servants, respectivel}^, forever. 

II. And whereas there have been at sundry times, by divers 
persons, gifts, grants, devises of houses, lands, tenements, goods, 
chatties, legacies and conveyances, heretofore made, either to 
Harvard-College in Cambridge, in JVew-jEngland , or to the Presi- 
dent and Fellows of Harvard-College, or to the said College, by 
some other discription, under several charters successively : IT IS 
DECLARED, That all the said gifts, grants, devises, legacies 
and conveyances, are hereby forever confirmed unto the President 
and Fellows of Harvard-College, and to their successors, in the 
capacity aforesaid, according to the true intent and meaning of the 
donor or donors, grantor or grantors, devisor or devisors. 

III. And whereas by an act of the General Court of the Colony 
of Massachusetts-Bay, passed in the year one thousand six hundred 
and forty-two, the Governor and Deputy-Governor, for the time 
being, and all the magistrates of that jurisdiction, were, with the 
President, and a number of the clergy in the said act described, 
constituted the Overseers of Harvard-College : And it being- neces- 
sary, in this new Constitution of Government, to ascertain who 
shall be deemed successors to the said Governor, Deputv-Gov- 
ernor and Magistrates : IT IS DECLARED, That the Governor, 
Lieutenant-Governor, Council and Senate of this Commonwealth, 
are, and shall be deemed, their successors ; who, with the Presi- 
dent of Harvard-College, for the time being, together with the 
Ministers of the congregational churches in the towns of Cam- 
bridge, Watertown, Charlestown, Boston, Roxbury, and Dor- 
chester, mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any way ap- 
pertaining to the Overseers of Harvard-College ; provided, that 
nothing herein shall be construed to prevent the Legislature of this 
Commonwealth from making such alterations in the government 
of the said University, as shall be conducive to its advantage, and 
the interest of the republic of letters, in as full a manner as might 
have been done by the Legislature of the late Province of Massa- 
chusetts-Bay > 



[26] CONSTITUTION OF THE 

CHAPTER V. 
S E CTI O N I I. 

The Encouragement of Literature, &c. 

Wisdom, and knowledge, as well as virtue, diffused generally 
among the body of the people, being necessary for the preserva- 
tion pf their rights and liberties ; and as these depend on spreading 
the opportunities and advantages of education in the various parts 
of the country, and among the different orders of the people, it 
shall be the duty of Legislatures and Magistrates, in all future 
periods of this Commonwealth, to cherish the interests of litera- 
ture and the sciences, and all seminaries of them ; especially the 
University at Cambridge, public schools, and grammar schools in 
the towns ; to encourage private societies and public institutions, 
rewards and immunities, for the promotion of agriculture, arts, 
sciences, commerce, trades, manufactures, and a natural history 
of the country ; to countenance and inculcate the principles of 
humanity and general benevolence, public and private charity, 
industry and frugality, honesty and punctuality in their dealings ; 
sincerity, good-humour, and all social affections, and generous 
sentiments among the people. 



CHAPTER. VI. 

Oaths and Subscriptions ; Incompatibility of and Exclusion from 
Offices ; Pecuniary Qiialifications ; Commissions ; Writs ; Con- 
firmation of Laws ; Habeas Corpus ; The Enacting Stile ; Con- 
tinuance of Officers ; Provision for a future Revisal of the 
Constitution, &c. 

Art. I. Any person chosen Governor, Lieutenant-Governor, 
Counsellor, Senator, or Representative, and accepting the trust, 
shall, before he proceed to execute the duties of his place or office, 
make and subscribe the following declaration, viz. 

I, A. B. do declare, that I believe the christian religion, and 
have a firm persuasion of its truth ; and that I am seized and pos- 
sessed, in my own right, of the property required by the Constitu- 
tion as one qualification for the office or place to which I am 
elected. 

And the Governor, Lieutenant-Governor and Counsellors, shall 
make and subscribe the said declaration, in the presence of the two 



COMMONWEALTH OF MASSACHUSETTS. [27] 

Houses of Assembly ; and the Senators and Representatives first 
elected under this Constitution, before the President and five of the 
Council of the former Constitution, and forever afterwards before 
the Governor and Council for the time being. 

And every person chosen to either of the places or offices afore- 
said, as also any person appointed or commissioned to any judicial, 
executive, military, or other office under the government, shall, 
before he enters on the discharge of the business of his place or 
office, take and subscribe the following declaration, and oaths or 
affirmations, viz. 

" I, A. B. do truly and sincerely acknowledge, profess, testify 
and declare, that the Commonwealth of Massachusetts is, and of 
right ought to be, a free, sovereign and independent State ; and I 
do swear, that I will bear true faith and allegiance to the said 
Commonwealth, and that I will defend the same against traiterous 
conspiracies and all hostile attempts whatsoever : And that I do 
renounce and abjure all allegiance, subjection and obedience to the 
King, Queen, or Government of Great-Britain^ (as the case may 
be) and every other foreign power whatsoever : And that no for- 
eign Prince, Person, Prelate, State or Potentate, hath, or ought to 
have, any jurisdiction, superiority, pre-eminence, authority, dis- 
pensing or other power, in an}^ matter, civil, ecclesiastical or spir- 
itual, within this Commonwealth ; except the authority and power 
which is or may be vested by their constituents in the Congress of 
the United States : And I do further testify and declare, that no 
man or body of men, hath or can have any right to absolve or 
discharge me from the obligation of this oath, declaration or affir- 
mation ; and that I do make this acknowledgement, profe^ion, 
testimony, declaration, denial, renunciation and abjuration, heartily 
and truly, according to the common meaning and acceptation of 
the foregoing words, without any equivocation, mental evasion, or 
secret reservation whatsoever. So help you GOD." 

" I, A. B. do solemnly swear and affirm, that I will faithfully 
and impartially discharge and perform all the duties incumbent on 
me as according to the best of my abilities and understand- 

ing, agreeably to the rules and regulations of the Constitution, and 
the laws of this Commonwealth. So help me GOD." 

Provided always, that when any person chosen or appointed 
as aforesaid, shall be of the denomination of the people called 
Qiiakers, and shall decline taking the said oaths, he shall make 
his affirmation in the foregoing form, and subscribe the same, omit- 
ting the words "■ I do szv car, '"'■'■ and abjure,'' '''oath or'' "-and 
abjuration," in the first oath; and in the second oath, the words 
'■'' swear and;" and in each of them the words ''So help me 



[28] CONSTITUTION OF THE 

GOD;" subjoining instead thereof, " This I do under the pains 
and penalties of perjury . " 

And the said oaths or affirmations shall be taken and subscribed 
by the Governor, Lieutenant-Governor, and Counsellors, before 
the President of the Senate, in the presence of the two Houses of 
Assembly ; and by the Senators and Representatives first elected 
under this Constitution, before the President and five of the Coun- 
cil of the former Constitution ; and forever afterwards before the 
Governor and Council for the time being : And by the residue of 
the officers aforesaid, before such persons and in such manner as 
from time to time shall be prescribed b}' the Legislature. 

II. No Governor, Lieutenant-Governor, or Judge of the su- 
preme judicial court, shall hold any other office or place, under the 
authority of this Commonwealth, except such as b}^ this Constitu- 
tion they are admitted to hold,' saving that the Judges of the said 
court may hold the offices of Justices of the Peace through the 
State ; nor shall they hold any other place or office, or receive any 
pension or salary from any other State or Government or Power 
whatever. 

No person shall be capable of holding or exercising at the same 
time, within this State, more than one of the following offices viz. 
— Judge of Probate — Sheriff — Register of Probate — or Register 
of Deeds — and never more than any two offices which are to be 
held by appointment of the Governor, or the Governor and Coun- 
cil, or the Senate, or the House of Representatives, or by the elec- 
tion of the people of the State at large, or of the people of any 
county, military offices and the offices of Justices of the Peace 
excepted, shall be held by one person. 

No person holding the office of Judge of the Supreme Judicial 
Court — Secretary — Attorney-General — Solicitor-General — Treas- 
urer or Receiver-General — Judge of Probate — Commissary-Gen- 
eral — President, Professor, or Instructor of Harvard-College — 
Sheriflf — Clerk of the House of Representatives — Register of Pro- 
bate — Register of Deeds — Clerk of the Supreme Judicial Court — 
Clerk of the Inferior Court of Common Pleas — or Officer of the 
Customs, including in this discription Naval-Officers — shall at the 
same time have a seat in the Senate or House of Representatives ; 
but their being chosen or appointed to, and accepting the same, 
shall operate as a resignation of their seat in the Senate or House 
of Representatives ; and the place so vacated shall be filled up. 

And the same rule shall take place in case any Judge of the said 
Supreme Judicial Court, or Judge of Probate, shall accept a seat in 
Council ; or any Counsellor shall accept of either of those offices 
or places. 



COMMONWEALTH OF MASSACHUSETTS. [29] 

And no person shall ever be admitted to hold a seat in the Legis- 
lature, or an}' office of trust or importance under the government 
of this Commonwealth, who shall, in the due course of law, have 
been convicted of bribery or corruption in obtaining an election or 
appointment. 

in. In all cases where sums of money are mentioned in this 
Constitution, the value thereof shall be computed. in silver at six 
shiU/'ngs and eight -pence per ounce : And it shall be in the power 
of the Legislature from time to time to increase such qualilications, 
as to property, of the persons to be elected to offices, as the circum- 
stances of the Commonwealth shall require. 

IV. All commissions shall be in the name of the Commonwealth 
oi Massachusetts, signed by the Governor, and attested by the Sec- 
retary or his Deputy, and have the great seal of the Commonwealth 
affixed thereto. 

V. All writs issuinor out of the Clerk's office in any of the 
courts of law, shall be in the name of the Commonwealth of 
Massachusetts: They shall be under the seal of the court from 
whence they issue : They shall bear test of the first Justice of the 
court to which they shall be returnable, who is not a party, and be 
signed by the Clerk of such court. 

VI. All the laws which have heretofore been adopted, used and 
approved, in the Province, Colony or State of Massachtisetts-Bay , 
and usually practiced on in the courts of law, shall still remain and 
be in full force, until altered or repealed by the Legislature ; such 
parts only excepted as are repugnant to the rights and liberties con- 
tained in this Constitution. 

VII. The privilege and benefit of the writ of habeas-corpus 
shall be enjoyed in this Commonwealth in the most free, easy, 
cheap, expeditious and ample manner; and shall not be suspended 
by the Legislature, except upon the most urgent and pressing 
occasions, and for a limited time not exceedincr twelve months. 

VIII. The enacting stile, in making and passing all acts, stat- 
utes and laws, shall be — " Be it enacted by the Senate and House 
of Representatives in General Court assembled, and by the 
authority of the same." 

IX. To the end there may be no failure of justice or danger 
arise to the Commonwealth from a change of the Form of Govern- 
ment — all officers, civil and military, holding commissions under 
the government and people of Massachusetts-Bay , in New-Eng- 
land, and all other officers of the said government and people, at 
the time this Constitution shall take effect, shall have, hold, use, 
exercise and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in their stead : 



[3o] CONSTITUTION OF COM'WEALTH OF MASS. 

And all courts of law shall proceed in the execution of the busi- 
ness of their respective departments ; and all the executive and 
legislative officers, bodies and powers shall continue in full force, 
in the enjoyment and exercise of all their trusts, employments and 
authority ; until the General Court and the supreme and executive 
officers under this Constitution are designated and invested with 
their respective trusts, powers and authority. 

X. In order the more effectually to adhere to the principles of 
the Constitution, and to correct those violations which by any 
means may be made therein, as well as to form such alterations as 
from experience shall be found necessary — the General Court 
which shall be in the year of our Lord one thousand seven hundred 
and ninety-five, shall issue precepts to the Selectmen of the several 
towns, and to the Assessors of the unincorporated plantations, direct- 
ing them to convene the qualified voters of their respective towns 
and plantations for the purpose of collecting their sentiments on the 
necessity or expediency of revising the Constitution, in order to 
amendments. 

And if it shall appear by the returns made, that two-thirds of the 
qualified voters throughout the State, who shall assemble and vote 
in consequence of the said precepts, are in favour of such revision 
or amendment, the General Court shall issue precepts, or direct 
them to be issued from the Secretary's office to the several towns 
to elect delegates to meet in Convention for the purpose aforesaid. 

The said delegates to be chosen in the same manner and pro- 
portion as their Representatives in the second branch of the Legis- 
lature are by this Constitution to be chosen. 

XI. This Form of Government shall be enrolled on parchment 
and deposited in the Secretary's office, and be a part of the laws of 
the land — and printed copies thereof shall be prefixed to the book 
containing the laws of this Commonwealth, in all future editions 
of the said laws. 

JAMES BOWDOIN, President. 
Attest. 

SAMUEL BARRETT, Secretary. 



ACTS AN"D LAWS 



OF 



MASSACHUSETTS. 



1780. 



ACTS AND LAWS, 

PASSED BY THE GREAT AND GENERAL COURT OR ASSEM- 
BLY OF THE COMMONWEALTH OF MASSACHUSETTS : 
BEGUN AND HELD AT BOSTOX ON WEDNESDAY THE 
TWENTY-FIFTH DAY OF OCTOBEB D780. 



1780. — Chapter 1. 

[October Session, ch. 1.] 



AN ACT FOR ERECTING A TOWN WITHIN THE COUNTY OF HAMP- (JJidj) \ 
SHIRE BY THE NAME OF MOXTGOMERT. ^ ' 

WJiereas the InJiahifants of the Northerly Part q/" Preamble. 
Westfield, called the New-Addition, on the East Side 
o/'Westfield River, and the Southwesterly Part of South- 
ampton, viz. The fiftli Mile Square, sixth Mile Square, 
and the half Square Mile adjoining the said Six Mile 
Square, and the Southerly Corner of Norwich, beginning 
at Moose Meadow Corner, eight Hundred -Rod on South- 
ampton West Line; thence a strait Line to Rock House 
Corner, so ccdled, to the Corner of the abovesaid New 
Addition, have represented to this Court the great Diffi- 
culties and Lnconveniences they labour under in their 
present Situation, and have earnestly requested that they 
be incorporated into a Toion : 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same. That the said Northerly Part Boundanea. 
of Westfield, called the Neiv Addition, on the East 
Side of Westfield River, and the Southwesterly Part of 
Southampton, and Southerly Corner of Norwich, lying 
as aforesaid, and all bounded as follows, viz. Beginning 
at Rock-House Corner on Blanford Line ; thence on said 



1780. — Chapter 1. 



BJanford Line South Twent^^-two Degrees East to West- 
Jield Eiver ; thence down said River to Westjield Old 
Town Line ; thence Easterly upon the Old Town Line 
to the End of the Proprietors' Long Lots : thence North 
Twenty-two Degrees East on said JSFeiu Addition Line, 
seven Hundred and Twenty-five Rod to SoutJiampton 
Line on the Half Square Mile Line ; thence East Twen- , 
ty-one Degrees South, to a Rock and Heap of Stones ; 
thence North foiir Degrees East, three Hundred Eighty- 
five Rod ; thence West one Hundred Sixty Rod to the 
South-east Corner of the aforesaid Fifth Square Mile ; 
thence North four Degrees East, three Hundred Twenty 
Rod ; thence West three Hundred Twenty Rod to Sonth- 
ampton West Line ; thence North four Degrees East on 
said West Line, one Hundred Sixty Rod ; thence run- 
ning a strait Line to the first mentioned Corner, buting 
Northerly on said JVonric/i, be and hereby is incorpor- 
ated into a Town by the Name of Montgomery ; and the 
said Town be and hereby is invested with all the Powers, 
Privileges and Immunities that Towns in this Common- 
wealth do or may enjoy by the Constitution or Laws of 
the same. 

And he it further enacted. That John KirMand, Esq. 
be, and hereby is empowered to issue his Warrant directed 
to some ])rincipal Inhabitant within said Town of Mont- 
gomery, requiring him to warn the Inhabitants of said 
Town qualified to vote in Town Aftairs, to assemble at 
some suitable Time and PJace in said Town, to choose 
such Officers as are necessary to manage the Affairs of 
said Town. 

Provided nevertheless, The Inhabitants of said Town 
shall pa}^ their proportionable Part of all such Town, 
County, State and other Taxes as are already assessed, 
or may be assessed upon them by the respective Towns 
to which they have belonged, and of all public Debts and 
Duties which may l)e due and owing from the said Towns, 
until a Tax shall be laid by this Court upon the said Town 
hereby incorporated. 
The Inhabitants And it is hereby further enacted. That the Inhabitants 
rntitTed to^uieir of Said Towu oi Moiitgomery , be intitled, and they hereby 
iTlrmsT''"" ai'6 enabled to demand and receive their just Proportion' 
Ammunition. Qf ^\^q Arms and Ammunition to which they were intitled 
from their several Towns previous to this Act being 
passed. 



John KiiklancI, 
Esq., empower- 
ed to call the 
first Meeting. 



Proviso. 



1780. — Chapter 2. 5. 

Provided nevertheless, and be it further enacted. That 'Proviso. 
the Town of Westjield shall hold and enjoy for their Use 
the two public Lots in said JSFeiv- Addition, viz. the Min- 
istry and School Lots, so called. 

November 28, 1780. 

1780. — Chapter 3. 

[October Session, ch. 2.] 

AN ACT MAKING PROVISION FOR THE ACCOMMODATION OF (Jh^mj 2 
SOLDIERS" AND SEAMEN BELONGING TO OTHER STATES OR i * "^ 

COMMONWEALTHS, WHO MAY BE TAKEN SICK AND BE IN 
WANT, WITHIN THIS COMMONWEALTH. 

IVJiereas it sometimes happens that Soldiers or Seamen. Preamble. 
belonging to any neighboring State or Oommonioealth , are 
taken Sick loithin tins Oommonwealth, and are finable to 
provide suitable Conveniences for themselves ; and ivhereas 
it is expedient to make Provision in such Cases: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same. That whenever any Soldier or The Selectmen 
Seaman, belono'ing to any of the United States, passing Towns Tnthfs 
through this Commonwealth, shall be taken Sick, or fo''Sre°pfo."^ 
otherwise disabled from travelling;, and unable to pro- x*®'""^ ^o"" ^''^'^ 

C ^ X Soldiers and 

vide for hnnself (where he cannot conveniently be sent seamen. 
to a Public Hospital) the Selectmen of the Town in which 
he shall so be taken Sick, shall take Care to provide for 
him necessary Physic, Nursing and other necessary Sup- 
port, at the Expence of the State or Commonwealth to 
which he belongs, keeping a particular Account of the 
Expences ; and where the same can be done, said Ac- 
counts shall be subscribed by said Soldier or Seaman, 
with a Certificate of the State or Commonwealth, Town, 
Regiment and Company, or Vessel to which he belongs. 

And be it further enacted by the Authoritii aforesaid. How the ac 

-_-, *^ _ »/ ^ ' counts or tn6 

That the said Accounts of the Selectmen shall be adjusted selectmen are 
and paid out of the Treasury of this Commonwealth, and ^° ^^ ■'"^^^ " 
be charged to the State or Commonwealth to which said 
Soldier or Seaman shall belong. 

December I, 1780. 



6 1780. — Chapter 3. 



Chap. 3 



1780. — Chapter 3. 

[January Seseioii, ch. 2.] 

AN ACT FOR REPEALING CERTAIN PARTS OF AN ACT POSTPON- 
ING THE PAYMENT OF GOVERNMENT SECURITIES TO A 
DISTANT PERIOD — FOR THE PAYMENT OF THE INTEREST 
NOW DUE ON SAID SECURITIES; AND FOR ALTERING THE 
SEVERAL ACTS OF GOVERNMENT WHICH NOW RELATE TO 
THE CURRENCY OF THE STATE, AND CONFORMING THE SAME 
TO THE PRINCIPLES OF EQUALITY AND JU.sTICE., 

Preamble. WJieveas 171 cind by certain Clauses of an Act mode and 

passed by the late Government of the 8late, noiv Coninjon- 
wealth of Massachusetts, entitled, ^^An Act making Pro- 
vision for calling in to be destroyed this kState\'i Quota 
according to the present Apportionment of all the pnblic 
Bills of Credit; which have been emitted by Congress, and 
for mahing and emitting on the Credit of this State other 
Bills of Credit, not to exceed the Sum of Four Hundred 
and sixty Thousand Pounds, and for establishing Funds 
suficient to secure tlie Redemption of the Bills so emitted 
by tlie last Day of December, one Thousand seven Hun- 
dred and Eighty-six, .as recommended by a Besolution q 
Congress of tlie Eighteenth o/* March in the present Yeai\ 
and in Conformity thereto: Also for paying Animally in 
Specie the Interest arising on J^otes ivhich have been issued 
on the Credit of the Province, Colony, or noiv State of 
Massachusetts-Ba}', ^9rom?'.s??v(7 to be paid in Gold or Sil- 
ver; " tJie Payment of all Government- Securit ies issued by 
the Treasurer of said State, payable in Gold and Silver, 
is postponed to the Tiiirty-first Day of December one 
Thousand seven Hundred and. Eighty eight, and the Pay- 
ment of all such Securities by the said Treasurer issued 
for the Bills of Credit of the United States of America on 
Supply Bills or Acts of said State, except such as were or 
might be given for the Bcdances due to the Officers and 
Soldiers of the Continental Army, to be paid in the Cur- 
rency of said State in a nominal Sum equal to the Value 
of siich Securities at the Time cf issuing the same, is post- 
poned to the Thirty frst o/* December one 'Jliousand seven 
Hundred and EigJity-nine ; by which Means greed and 
apparent Injustice must accrue to the Possessors of said 
Securities, by being kept so long out of their Money, 



1780. — Chapter 3. 7 

contrary to the Promise of Government as expressed on 
the Face of said Securities: 

Be it therefore enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, That such Parts of said Act as such Parte of 
postpone the Payment of Government Securities as afore- pone'the^Pa'y." 
said, be and they are hereby repealed and made nulland ment sl?udtie°' 

void. repealed. 

And he it further enacted. That all such Government Government se- 
Securities which were given before the First Day of April liquidated hy 
last, shall be liquidated by the Scale of Depreciation JlJlJat^on^ind' 
established ])y said State, and all such Securities which go w and'^suver 
have l)een since given or may hereafter be given, shall be or Biiis of credit 
liquidated by the Scale of Depreciation, to be lixed in the 
Manner provided by this Act ; and that the Sums so 
liquidated be paid in Gold and Silver, or in Bills of 
Credit current in this Commonwealth, at the real Value 
of said liquidated Sums, 

And be it further enacted. That the Interest now due The interest on 

1 CI 'J.' 1 • 1 1 j_ j_i Securities to be 

on such Securities be paid as soon as may be to the paid in case. 
Possessor thereof, unless the said Possessor or Possessors 
shall consent to have the same consolidated with the 
Principal. 

And be it further enacted. That the Interest that may interest due on 

n , -I -I lo "i.* T'lii Securities to be 

in luture become due on such Securities, liquidated as paid annually. 
aforesaid, shall be paid annually in the Manner above 
directed, for the Payment of the principal Sums due on 
said Securities. 

And whereas in and by another Clause of the same Act, Bin of credit to 
it is enacted, "That the Bills of Credit to be emitted as aii Payments, 
aforesaid, shall be received in all Payments within this ^^°^^' ' 
State, except for the annual Tax of Seventy tivo Thousand 
Pounds abovementioned, and a Tender of the same may 
be pleaded to any Action brought for the Recovery of 
any Money or other Demand, and shall avail as though 
the Tender had been made of Gold and Silver, except for 
Money due on special Contract, expressly promising the * 

Payment of Gold or Silver, made since the Twentieth 
Day of May Anno Domini One Thousand Seven Hundred 
and Seventy-five, or that shall hereafter be made, or for 
the Satisfaction of Legacies and Donations, expressly 
made payable in Silver or Gold ; in which Case the 
Judgment obtained for the Breach of such Contract, or 
on such Demand, shall be rendered for Gold or Silver, 



1780. — Chapter 3. 

payable according to the Rates by Law established ; " by 
Means whereof many Creditors are unable to recover their 
just Dues, and the Public Credit, which ever ought to 
remain unsuspected, has thereby been greatly impaired. 

]]7ie7'eas notwithstanding the permanent Fund estab- 
lished foi' the Redemption of tlie New Bills of Credit, tlie 
same by some Means have not hitherto issued or 2)assed at 
a Value equal to the Intention of the Legislature ; and as 
the same are now appreciating^ and will probably continue 
to appreciate, though by some unforeseen Accident, the 
same Bills of Credit or other Bills of Credit current in 
the State, may hereafter fluctuate in their Vcdue in like 
Planner as the Bills of Credit issued by the Authority of 
Congress, notwithstanding the same icere made a Tender 
by Law, didfrrjm Time to Time fluctuate, which renders 
it necessary that some Method should be devised to ascer- 
tain from Time to Time the Vcdue of cdl Bills of Credit 
current in the State — To prevent those Evils in future, 
and by that Means establish our Finances on a p)ermanent 
and happy Basis : 
Tender-Acf Be it therefore enacted by the Authority aforesaid. That 

such Part of the abovesaid Clause as requires the Receipt 
of the said Bills of Credit in all Payments as mentioned, 
in said Clause, and also that Part of said last-mentioned 
Clause, that makes said Bills of Credit a Tender as therein 
pointed out and described, be and they are hereby repealed 
and made null and void. 

And whereas it is expedient that the current Money of 
the Commonwealth should be received in Discharge of 
Debts and Contracts upon Princip)les of Equcdity and 
Justice : 

Be it therefore enacted by the Authority (foresaid. That 
the abovementioned Bills of Credit, or such others as may 
hereafter be emitted on the Credit of this or the United 
States, and current within this Commonwealth, shall be 
received in all Payments within the same, but subject 
however to the same Exceptions mentioned in the said 
last cited Clause, at the true and real Value of said Bills 
of Credit compared with Silver and Gold ; and a Tender 
of said Bills of Credit at the real Value thereof, compared 
as aforesaid, computing all the Interest due on such Bills 
to the Time of the Tender of the same, may be pleaded 
to any Action brought for the Recovery of any iNIoney or 
other Demand, and shall avail as though the Tender had 



repealed. 



1780. — Chapter 3. 9 

been made of Gold or Silver, except as in said Clause is 
excepted ; and in Case Judgment shall be obtained on any 
Action brought on any special Contract, expressly prom- 
ising the Payment of Silver and Gold, made since the 
Twentieth Day of May Anno Domini One Thousand Seven 
Hundred and Seventy-five, or that shall hereafter be made, 
or upon any Action brought for the Recovery of Legacies 
and Donations expressly made payable in Gold or Silver, 
the said Judgment shall be rendered for Silver or Gold 
payable according to the Rates established by LaAV. 

And toiler eas it is necessary, in order to carry this Act 
into Effect, that the real Value of said Bills of Credit may 
at all Times he knoivn tvith Precision : 

Be it therefore enacted hu the Authority aforesaid. That Justices of the 
the Justices of the Supreme Judicial Court of this Com- ciai court em- 
mon wealth, or the major Part of them, be and they arc ufrmlne the 
hereby appointed and empowered to determine the Value Bms of credit. 
of said Bills of Credit from the First Day of April last, 
for Avhicli Purpose they are hereby required to meet at 
least once in three JNIonths, and as much offcener as they 
judge necessary ; and then to determine the Value of the 
same, compared to the average Value of Silver and Gold 
within said Commonwealth, according to their best Judg- 
ment. And the said Judges are also hereby required to 
publish their Doings respecting the Value of said Bills of 
Credit, from Time to Time, in the Boston and Worcester 
News-Papers. 

And be it further enacted. That the said Bills of Credit Biiu of credit 

• i'-r-» 1 • rr\ 1 to be received 

shall be received in Payments and operate in lenders as in Payments, 
aforesaid, according to the real Value of the same, ad- xender^accord- 
justed and settled as aforesaid. And before the said ad^'sted? ^^'"^ 
Judges proceed to act upon the Business assigned them 
as aforesaid, they shall be sworn to the faithful Discharge Judges to be 
of their Office. — And to avoid a Multiplicity of Law- 
Suits and the many Inconveniences that may arise from 
Creditors commencing Processes against their Debtors at 
this Time, and Executions issuing immediately : 

Be it farther enacted hu the Authority aforesaid. That Judges of the 

ri •! n -r T • ^ r\ o ^ • r^ Supreme Judi- 

tlie Judges ot the Supreme Judicial Court or this Com- ciai court em- 
monwealth, and the Justices of the Courts of Common tinue'lctions 
Pleas in the several Counties within the same respectively, °°®^^'''- 
be and hereby are directed, in all Cases where they shall 
judge it reasonable, in order to prevent the Creditors from 
distressing their Debtors unreasonably, or taking any un- 



10 



1780. — Chapter 4. 



Proviso. 



due Advantage of them in the present critical and difficult 
Situation of Aliairs, as they in their Wisdom and Pru- 
dence shall determine will best promote the public Good, 
to continue any Action commenced or which may be com- 
menced, or which is now pending or may hereafter be 
pending in said Courts respectively, from Court to Court, 
not exceeding the Space of one Year from the passing of 
this Act, unless in such Counties where the Supreme 
Judicial Court is held but once in a Year, in which 
Counties respectively, the Judges of the Court last men- 
tioned may continue the Actions aforesaid as much longer 
than a Year as is necessary, in order that the same may 
be continued from one Court to another. 

Provided nevertheless. That nothing in this Act shall 
be construed to oblige Executors, Administrators, Guar- 
dians, Agents, Attornies, or those who have received 
Monies for others in Trust, to pay the same otherwise 
than is by Law already provided. Jamiary 25, 1781. 



Chap. 4 



Preamble. 



One seventh 
Part of the new 
Emission of 
Bills not to be 
issued, but to 
be defaced. 



Treasurer di- 
reeled to issue 
Sixty six Thou- 
sand Pounds 
in Gold or Sil- 



1780. — Chapter 4. 

[January Session, ch. 3.] 

AN ACT TO PREVENT ONE-SEVENTH PART OF THE BILLS OF 
CREDIT OF THE NEW EMISSION COMING INTO CIRCULATION, 
AND FOR DIRECTING THE TREASURER TO ISSUE GOLD AND 
SILVER OUT OF THE TREASURY THEREFOR. 

Whei^eas great Advantage ivill arise to this Common- 
wealth, by preventing such Part of the Bills of Credit of 
the neiv Amission coming into Circidation as the 8tate 
of our Finances will admit : 

Be it therefor enacted by the Senate and House of Repre- 
sentatives in General Court assembled , and by the Authority 
of the same. That one-seventh Part of all the Bills of Credit 
of the new Emission which were to have issued from the 
Treasury of this Commonwealth on the Credit of this Gov- 
ernment (which seventh Part is equal to Sixty-six Thou- 
sand Pounds) be never issued out of said Office ; but that 
it be defaced by the Treasurer in the same Manner the 
Continental Commissioner of Loans within this Common- 
wealth is directed to deface the old Bills of Credit emitted 
by Congress. 

And be it further enacted by the Authority aforesaid. 
That the Treasurer of this Commonwealth be, and he 
hereby is directed to issue out of the Treasury of said 



Bills. 



1780. — Chapter 5. 11 

Commonwealth, agreeable to the Orders of the General ^^e levM^th Part 
Court, and such Warrants as he may receive for that o^ t^e Biii8 to 
Purpose, in Proportion as the said iiills ot Credit are aforesaid. 
defaced. Sixty-six Thousand Pounds in Gold and Silver, 
in Lieu of the seventh Part of the Bills of Credit of said 
new Emission to be defaced as aforesaid: And that JoJin a committee 
Pitts, Increase Smnner, Thomas Daves, Ebenezer Wales, examine said 
and Samuel Hensliaic, Esquires, be a Committee to ex- 
amine said Bills, and make lieport of the Sums so defaced 
to the General Court from Time to Time. 

January 25, 1781. 



1780. — Chapter 5. 

[January Session, ch. 4.] 

AN ACT FOR ESTABLISHING A SALARY OF A FIXED AND PER- QJiaT). 5 
MANENT VALUE FOR HIS EXCELLENCY THE GOVERNOR. -^' 

Whereas the Constitution of this Commonwealth pro- Preamble. 
vides, that amongst the Jirst Acts of the General Court, 
after the Commencement of the Constitution, an JSstccblish- 
ment shall be made for an ]iono7xible stated Salary, of a 
fixed and permanent Value, for the Governor of this 
Commomoealth : 

Be it enacted by the Senate and House of Representatives Eleven Hun- 
in General Court assembled and by the ■ Authority of the be established 
same. That the '^wai oi Eleven Hundred Pounds in Specie, sli'ary^on'ifi 
or Bills of Credit equivalent, be, and it hereby is estab- Governor. 
lished as the annual Salary of the Governor for the Time 
being, and a proportionable Sum for a less Time, in full 
for his Services as Governor, to be paid out of the public 
Treasury, to enable him to maintain the Dignity of his 
Office. 

And be it further enacted. That the Governor shall not Governor not 
be entitled to any Eeward, Fee, or Perquisite, in Addition Reward, Fee, 
to the Salary which shall be allowed him by any Act or °' exquisite. 
Acts of the Legislature of this Commonwealth. 

February 8,1781. 



12 



1780. — Chapter 6. 



Chap. 6 



Preamble. 



Ifaval Officers 
not to permit an 
Entry or Clear- 
ance of any Ves- 
sel until the 
Owners or Mas- 
ters exhibit a 
Register, after 
the 20th March 
nest. 



1780. — Chapter 6. 

[January Session, ch. 5.] 

AN ACT PROVIDING THAT ALL VESSELS OF TWENTY TONS BUR- • 
THEN AND UPWARDS, SHALL BE PROVIDED WITH REGISTERS, 
BEFORE THEY ARE PERMITTED TO ENTER AND CLEAR AT ANY 
OF THE NAVAL OFFICES IN THIS COMMONWEALTH, AND FOR 
EMPOWERING THE GOVERNOR TO SIGN BLANK REGISTERS. 

Whereas great Injury may accrue to tlie Trade of this 
Commomvealtli if Ships and Vessels should continue to he 
entered and cleared at the JSfaval-Offices imthoiit producing 
Registers: Therefore, 

Be it enacted by the Senate and House of Representatives 
in General Court assembled, and by the Authority of the 
same. That no Navtil-Officer within this Commonwealth, 
from and after the Twentieth Day of March next, shall 
permit any Ship or Vessel, excepting such as are already 
provided with Registers of more than twenty Tons bur- 
then, belonging to any of the Inhabitants of this Common- 
wealth, to be entered or cleared at the Naval-Office, until 
the Owner or Master of such Ship or Vessel shall first 
exhibit a Register to the Naval-Officer, under the Seal 
of this Commonwealth, and signed by the Governor, of 
the Tenor and Form following, viz. 



COMMONWEALTH OF. MASSACHUSETTS. 

In Pursuance of an Act of this Common- 
wealth, made and passed in the Year of our 
LORD One Thousand Seven Hundred and 
Eighty-one — Providing that all Vessels of 
twenty Tons and upwards shall be provided 
with Reo-isters. 



Form of a Reg- f gE AL . 1 
Ister. L J 



of in the 

maketh Oath that the whereof is at 

present Master, being a sterned Vessel, of 

the Burthen of Tons or thereabouts, 

was built in the Year of our LORD 

One Thousand Seven Hundred and 



1780. — Chapter 6. 13 

[SEAL.] IZT^'^^''- 

And that 
Sworn be- 
fore and. at present Owner thereof; and that no Subject 
recorded of the King of Great Britain, directly or indi- 
by rectly, hath any Share, Part, or Interest therein 

A. B. 
Dated at the Day of in the 

Year of our Lord 178 and in Year of our 
Independence. 

By His Excellency's Command. 

Which Oath shall be administered by any Naval-OfBcer 
within this Commonwealth to every Person who shall 
make Application to any Naval-Officer therefor. 

A)id be if further enacted hy the Authority aforesaid, pefmUa^Sy 
That if any Naval-Officer shall permit any Ship or Vessel or clearance of 

1 rr> 1 1 1 1 ""'y Snips or 

01 more than twenty Ions burthen, to be entered or vessels without 
cleared at his Office after the Time aforementioned, with- " ^^isei. 
out first having a Register of the Tenor and Form afore- 
mentioned, excepting such as before excepted, produced 
to him by the Owner or Master thereof, and shall be duly 
convicted thereof before any Court of Record proper to upouConvic- 
try the same, by Action of Debt, to be brought for that *'°"' 
Purpose, shall forfeit and pay the Sum of Two Hundred Penalty. 
Pounds; one Half of which shall be to the Use of him or 
them who shall sue for the same ; the other Half to the 
Use of the Commonwealth. 

■And for the greater Convenience of Persons concerned 
in Trade, 

Be it further enacted bii the Authority aforesaid. That The Governor 

, r^ ^ •"^11 1 • T empowered to 

the Grovernor be empowered and requested to sign and sign the uegis- 
deliver to the several Naval Officers of this Common- the'^same to7he 
wealth, such number of Blank Registers as he shall think Navai-omcers. 
requisite, to be by them delivered to such Persons as shall 
apply for the same : And every Naval-Officer shall keep 
a fair Record of all Registers he shall so issue, and be 
accountable to the Governor for the same ; and shall 
annually, or oftener if required, render an Account to 
the Governor in what Manner the same have been dis- 
posed of. 

And he it further enacted hy the Authority aforesaid, to'keep a fait^ 
That if any Naval-Officer within this Commonwealth, who f^f^^l 



Record of al 

isters. 



14 



1780. — Chapter 7. 



Naval Officers iiiaj receivG Blank Registers, shall omit to keep a fair 
fufiug to fender liecorcl of all lie issuc, or shall neglect or refuse to render 
an Account to the Governor of the Way and Manner in 
which he disposed of said Blank Registers, once in twelve 
Months, or oftener, if required, every such Officer shall 
forfeit and pay the Sum of Two Hundred Pounds, to be 
How recovered, rccovercd by Action of Debt in any Court proper to try 
the same; one Half of which Penalty shall be to him or 
them who shall sue for the same ; the other Half to be 
paid into the Treasury for the Use of this Commonwealth. 

February 12, 1781. 



an Account 
thereof, 



Penalty. 



Chap. 7 



1780. — Chapter 7. 

[January Session, ch. 6.] 

AN ACT TO ENABLE THE PROPRIETORS OF THE GREAT BRIDGE 
OVER YORK RIVER, IN THE FIRST PARISH IN SAID TOWN, TO 
TAKE TOLL FOR THE REPAIR AND AMENDMENTS THEREOF. 



Preamble. 



Passengers. 



Whereas the Great Bridge over York River, in the first 
Parish in said Town, built in the Year one Thousand 
seven Hundred and Sixty-one, apjjears to be of general 
Use and public Utility: And icJiereas the Proprietors of 
the said Bridge have represented that the same is now in 
great want of Repair and Amendment, a7id will very soon 
without it, become useless, and have Petitioned this Court 
for Liberty to take a reasonable Toll of such Persons as 
may have Occasion to pass and repass the said Bridge, 
for the Pepair and Amendment thereof: 
Proprietors em- Bc it therefore enacted by the Senate and House of 
mandxoiiof Representatives in General Court assembled, and by the 
Authority of the same. That the said Proprietors shall, 
and hereby are authorized and em})owered to demand and 
receive the several Rates and Fees hereafter expressed, 
which every Passenger is required to pay before they have 
Liberty to pass, viz — For every Footman who shall pass 
the said Bridge two-thirds of a Penny. For every Man 
and Horse Two Pence. For every two- wheel Chaise, 
Chair, or Sleigh and Horse, with the Travellers therewith, 
the Sum oi Four Pence. For every four-wheel Carriage, 
including the Passengers, Six Pence. For every Man 
with Team, Cart, or Sled, the Sum of Three Pence. For 
all Horse Kind, or Neat Cattle, two-thirds of a Penny. 
For Sheep and Swine Four Pence a Dozen ; and so in 
Proportion for a greater or lesser Number ; the above 



Rates estab 
lisbed. 



1780.— Chapter 7. 15 

Sums to be in Gold and Silver, or Bills of Credit equiv- 
alent. 

And be it further enacted, That the said Proprietors be, proprietors em- 
and hereby are empowered to appoint some suitable Per- pohu'asuuawe 
son to receive said Toll, from Time to Time, as there shall feTve^saw tou. 
be Occasion, who shall l)e approved of by the Court of 
General Sessions of the Peace for the County of York, and 
■who shall orive such Security as the said Court shall from 
Time to Time order and direct. And the Person so ap- To be approved 
pointed and approved as aforesaid, shall faithfully and 
diligently attend upon his Duty ; and at all Times be- 
tween the Hours of Five in the Morning and Nine in the 
Evening, be ready to admit any Person to pass the said 
Bridge, upon the Penalty of Twenty Shillings for any Penalty for Neg- 
Neglect : And in Case he shall not l3e present to admit '"'' ° "'^' 
Persons to pass the Bridge between the Hours of Nine in in case. ^ 
the Evening and Five in the Morning, he shall leave the 
Passage free and open. And the Person so appointed and 
approved as aforesaid, shall from Time to Time, as often 
as the said Proprietors shall order and direct, exhibit an 
Account of the Monies he shall receive as aforesaid, on 
Oath, if required, to the said Proprietors or their Treas- 
urer, duly by them a})pointed ; and shall pay the said 
Sums to him or them accordingly, to be applied by the 
said Proprietors for the Repair and Amendment of said 
Bridge, as they or the major Part of them shall order and 
direct. 

And be it further enacted, That the Passage of said BHdgfto°br'^ 
Brido;e shall be kept free and open for all Persons travel- keptlreeand 

-r-» 1 !• TTT 1 • T n Tx L- I opBU for all 

Img to or irom Public Worship on Lords Days; tor the Persons. 
Inhabitants of the Town of Yorh going to or from public 
Meetings of the Town or Parish ; Post-Riders ; Ministers 
of the Gospel on all Occasions ; Constables and Collectors 
of Taxes; and all other Officers- of the Town and Parish, 
while doing the Town or Parish Business ; and also all 
Officers and Soldiers in the Service of this or the United 
States. 

And be it further enacted. That no Fee or Reward shall ^°,^to b'e^e'- 
be demanded "or taken for drawing up and opening the manded for 
Bridge for the passing and re-passing of Vessels ; and the Bridge for ves- 
same shall be made and kept as convenient as may be for ''^*' 
that Pur|)()se, as hath been always heretofore accustomed. 
And if the Keeper of the said Bridge shall at any Time 
demand or receive a greater Toll than what is allowed by 



16 



1780. — Chapter 8. 



Penalty for 
receiving a 
greater Toll 
than establish- 
ed. 



All Fines how 
recovered. 



Limitation. 



this Act, he shall, for every such Offence, forfeit Twenty 
Shillings. And the said Proprietors shall keep and ex- 
hibit to this Court, under Oath, when required, an Ac- 
count of the Sums taken and received for Toll, as well as 
an Account of the Sums advanced or expended for the 
Repair and Amendment of the said Bridge. All Fines 
and Forfeitures arising by this Act, shall be one Half to 
the Poor of the Town of York., and the other Half to him 
or them that shall sue for the same by Action of Debt. 

This Act to be in Force for the Space of Five Years 
from Thirty-first Day of January One Thousand Seven 
Hundred and Eighty-one, and no longer. 

February 12, 1781. 



Chap. 8 



Preamble. 



1780. — Chapter 8. 

[January Session, ch. 7.] 

AN ACT IN ADDITION TO AN ACT PASSED IN THE YEAR ONE 
THOUSAND SEVEN HUNDRED AND EIGHTY, INTITLED, "AN 
ACT TO INDEMNIFY AND SECURE FROM PROSECUTIONS IN 
LAW, PERSONS WHO BY THEIR LAUDABLE EXERTIONS UNDER 
THE LATE GOVERNMENT OF THE KING OF GREAT BRITAIN, 
HAVE EXPOSED THEMSELVES TO ACTIONS OF DAMAGE AND 
OTHER PROSECUTIONS IN CERTAIN CASES; AND TO EXTEND 
THE BENEFITS THEREOF TO A LONGER TIME THAN IS PRO- 
VIDED IN SAID ACT. 

Whereas the Provision for Indemniji cation froTn Prose- 
cutions in Law for all Persons in the Act ahovementioned, 
extends only from the First Day of January Seventeen 
Hundred and Sixty- Six, to the Fourth Day of July Sev- 
enteen Hundred and Seventy four ; and that equal Justice 
may he done to all Persons in this Oommoriivealth , it is 
necessary to extend the Benefit of said Act to the Time 
ivhen the Courts of General Sessions of the Peace and the 
Inferior Courts of Common Pleas were ojoened in the 
resjjective Counties of this Commonwealth, which ivas not 
in some of the Counties, until after the said Fourth Day of 
July Seventeen Hundred and Seventy six: And whereas 
many Mischiefs may arise to the good People of this Com- 
monwealth, unless further Provision is made: For Pre- 
vention whereof. 

Be it enacted by the Senate and House of Pepresentatives 
in General Court assembled, and by the Authority of the 
same. That the Indemnification from Prosecutions in Law 
for all Persons in said Act mentioned, shall extend from 



1780. — Chapters 9, 10. 17 

the First Day of January Seventeen Hundred and Sixty- 
six, to the Time when the Courts of General Sessions 
of the Peace and the Inferior Courts of Common Pieas 
were opened in the respective Counties of this Common- 
wealth . February 12, 1781. 

1780. — Chapter 9. 

[January Session, ch. 8.] 

AN ACT FOE, ESTABLISHING SALARIES OF A FIXED AND PER- QJidj) Q 
MANENT VALUE FOR THE JUSTICES OF THE SUPREME ■^' 

JUDICIAL COURT. 

Whei'eas the Constitution of this Commomoealth j>ro- preamble. 
vides, that an EstahlisJiment should be made for an hon- 
orahJe stated 8alary, of a fixed and penuanent Value for 
the Justices of the Supreme Judicial Court: 

Be it therefore enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of tlie same, That the Sum of Three Hundred 
ajid Twenty Pounds l)e and hereby is established as the salaries for 
annual Salary of the Chief Justice of the Supreme Ju- the supreme 
dicial Court for the Time being ; and that the Sum of Stled!""' 
Three Hundred Pounds be and hereby is established as 
the annual Salary of each of the other Justices of the 
Supreme Judicial Court for the Time l)eing ; the same To be paid in 
to be paid in Quarterly Payments to the said Justices menu^''^^'*^' 
respectively, out of the Treasury of this Commonwealth, 
and to be considered as an adequate Salary for the Ser- 
vices of their Office, without the Addition of any Fee or 
Perquisite whatever. 

And be it further enacted by the Authority aforesaid, 
That the Sums mentioned in this Act be computed in 
Silver at Six Shillings and Eight Pence per Ounce, 
and payable either in Silver or Bills of public Credit 
equivalent thereto. February 12, 1781. 

1780. — Chapter 10. 

[January Session, ch. 9.] 

AN ACT IN ADDITION TO AN ACT, INTITLED, "AN ACT FOR f1J.(^^^ 10 
TAKING UP AND RESTRAINING PERSONS DANGEROUS TO ^'''"i^* 
THIS STATE." 

Whereas at the Time the said Act ivas made, the Poiver preamble. 
and Authority for execiding the same ivas vested in the 
Council of the then State, but noiv, by the new Constitution 



18 



1780. — Chapter 10. 



The Governor 
and Council 
impowered to 
exet-ute the 
Law for tak- 
ing up certain 
PerBons danger- 
ous to the 
State. 



Governor and 
Council em- 
powered to ap- 
point three 
Justices of the 
Peace in each 
County, and 
vesting them 
with certain 
Authority. 



Justices in Case 
of Commit- 
ment to trans- 
mit an Account 
thereof to the 
Governor and 
Counsel. 



Limitation. 



of this Commomoealth, such Power is, and ought to he, 
vested in the Governor and Council — also that many 
Difficulties may occur in prosecuting Complaints to the 
Governor and Council, for Offences committed in Parts 
remote from the Seat of Government, so that said Acty 
withoid an Addition thereto, ivill not answer all the good 
Purposes designed by the same: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, That the Governor and Council 
be, and hereby are vested with all the Power and Au- 
thority in executing the aforesaid Law, as the Council 
of the then State had at the Time said Law was made. 

Be it therefore further ena,cted by the Authority afore- 
said, That the Governor be, and he hereby is requested, 
by and with the Advice of Council, to appoint three of 
the Justices of the Peace, one of whom (at least) to' be 
of the Quorum, in each County within this Common- 
wealth ; which Justices are hereby vested with the same 
Authority within their respective Counties, in causing to 
be apprehended and committed to Gaol, any Person or 
Persons, by Warrant under their Hands and Seals, and 
directed as aforesaid, as is by this Act delegated to the 
Governor and Council : And the same Penalties shall be 
incurred for Disobedience to the Warrant of such Jus- 
tices as is in the aforesaid Act provided in Case of Dis- 
obedience to the AYarrant issued by the then Council 
aforesaid. 

Provided always, and it is further enacted by the 
Authority aforesaid. That said Justices, in Case they 
shall, at any Time, cause to l)e apprehended and com- 
mitted to Gaol, any Person or Persons, by Virtue of this 
Act, they shall, as soon as may be, transmit an Account 
thereof, with the Evidence upon which any such Com- 
mitment may be founded, to the Governor and Council, 
in Order that the Justice of such Commitment may be 
enquired into l)y them ; and upon such Inquiry, if the 
Governor, with the Advice of Council, shall be of Opinion, 
that such Commitment is improper, that he may issue the 
necessary Orders for the Release of any Person or Persons 
committed as aforesaid. 

This Act to be in Force 'till the Tenth Day of June 
next, and no longer. February 14, 1781. 



1780. — Chapter 11. 19 

1780. — Chapter 11. 

[January Session, ch. 10.] 

AN ACT FOR INCORPORATING THE SECOND PARISH IN GEORGE- (J7,nri ll 
TOfVy, IN THE COUNTY OF LINCOLN, INTO A SEPARATE -t * 

TOWN, BY THE NAME OF BATH. 

TfT^ereff.s the Inhabitants of tlie second Parish of George- Preamble. 
town, in the County q/" Lincoln, Jtave petitioned the Legis- 
lature of this Commonwealth, setting forth, that great 
Inconveniences accrue to them by their being continued a 
Part of said Town, on Account of the detached Situation 
of the said second Parish from the lower Division of said 
Town: And lohereas it apjjears that the Representation 
of the said Inhabitants, as stated in their Petition, is 
founded on Facts: Therefore, 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority 
of the same, That the said second Parish be, and it hereby The second 
is incorporated into a separate Town, by the Name of Georgetown 
Bath, with all the Powers, Privileges and Immunities of intoa^To^'wnby 
incorporated Towns. " Bath^^™^°^ 

And be it furtlier enacted by the Authority aforesaid. 
That the Bounds of the said Town of Bath be, and 
they are hereby as follows, viz — Northwardly and West- Boundaries. 
erly by N'ew Meadoivs River, so called ; Northwardly 
and YjHStv^^&wWj hj MeTry-Meeting-Bay ; Southwardly by 
Kennebeck River; and Southwardly i and Westwardly by 
Winnogance Creek, so called ; and from said Creek by a 
Path which was formerly an Indian carrying Place, as 
said Path runs to the nearest Part of Casco-Bay. Pro- 
vided notw'ithstanding , That the said Inhabitants be held 
to pay their Proportion of the public Tax, which is now 
assessed on said Georgetown, and remains unpaid ; and 
also that they be held to comply with all other Requisi- 
tions of Government on the said Town of Georgetown, 
prior to this Act, as though the same had never been 
made. 

And be it further enacted. That Samuel Harnden, Es- sam.Hamden, 
quire, l)e, and he hereljy is empowered and directed to powen;d"to caii 
issue his Warrant to some principal Inhabitant of said MieUng. 
Town, requiring him to warn the Inhabitants thereof to 
meet at such Time and Place as he shall therein set forth, 
to choose all such Officers as Towns are by Law required 



20 1780. — Chapter 12. 

and empowered to choose in the Month of March annu- 
ally ; at which Meeting all the then present INIale Inhab- 
itants, upwards of Twenty-one Years of Age, shall be 
admitted to vote. February^l7, 1781. 

1780. — Chapter 13. 

[January Session, ch. 11.] 

Chap. 12 A.N ACT TO SUPPLY THE TREASURY WITH THE SUM OF FOUR 
H UN D RED TH O USA XD P O UNDS —MONEY. 

Preamble. WJtevea.'t it 7$ necessanj, in order to ccm-y on the lyre sent 

War, and to defray the other necessary Charges of Gov- 
ernment, that the Treasurer of this Commomvealth shall he 
empoicered to borroiv a Snm of Money not exceedinf/ the 
Sum of Four Hundred Thousand Pounds : 

£e it therefore enacted by the Senate and House ofliejjre- 
sentatives in General Court assembled, and by the Authority 

The Treasurer of t/ie Same, That tlic Said Treasurer be, and he is hereby 

Ginpowersu to %/ ' ^ %/ 

borrow cmpowcrcd to borrow, on the Credit of this Common- 

' ■ wealth, from such Persons as shall be willing to lend the 

same, any Sums of Money not exceeding in the Whole, 
the Sum of Four Hundred Thousand Pounds, upon the 
Terms and Conditions, and in the Manner hereafter pro- 
vided. 

And for the Encouragemeiit of such as are willing to 
lend their Monies to Government, 
Encouragement Be it further enacted. That each and every Person who 
Persons whoare shall be willing to Icud Moucy to Government, shall have 
Money to Gov- Liberty to subscribe in the Treasurer's Office, such Sum 
ernment. g^g Y\e shall scc lit SO to lend, and shall have Liberty to 

pay into the Hands of the Treasurer of this Common- 
wealth, within one Month from the Time of such Sub- 
scription, one-fourth Part of the Sum so subscribed ; and 
at any Time within three jSIonths from the Time of such 
Payment, one other fourth Part of the Sum subscribed ; 
and at any Time within six Months from said first Pay- 
ment, one other fourth Part of said Sum subscribed ; and 
at any Time within nine Months from the said first Pay- 
ment, the remaining fourth Part of said subscribed Sum : . 
Upon which last Payment he shall receive a Note or 
Notes for the AVhole, of the said Treasurer, in the Form 
hereafter prescribed ; which Note or Notes shall bear 
Date at the Time of the first Payment, and carry Interest 
from the same Time, and shall include a further Sum of 



1780. — Chapter 12. 21 

Foitr per Cent, as a Bounty on all the Sums lent as 
aforesaid. 

Provided always, That if any Person so subscribing, Proviso. 
shall foil in the punctual Payment of any of the Sums 
aforesaid, he shall not be entitled to the said Bounty, nor 
shall receive Interest for any Sum but from the Time of 
the actual Payment thereof 

And he it further enacted. That all Persons who are 
willing to loan Money to this Government, may, if they 
chuse, pay into the Hands of the Treasurer, for the Sums 
by them subscribed, or any Part thereof, any of the 
Officers and Soldiers Depreciation Notes, which are pay- ofscersand 
able on the First of March next ; and also such other ci^ation^Nofi's'^ 
Government Securities as are now due, according to the ment^Ycuritiea 
real Value thereof; which Notes or Securities shall be ^one'^'^panol 
considered as the Money Part of said Subscription, and said subscrip- 
receive the same Bounty. 

And he it further enacted, That all Persons who are Persons willing 
willing to make any Loans to the Government, may, if deiiv'er ^rtain 
they chuse, deliver to the Commissary-General or Super- uee'o/the ' '^^ 
intendent for purchasing Beef &q. or such Persons as ■^'■'°y- 
shall be by either of them appointed for said Purpose, 
or the Committee appointed to procure Cloathing for the 
Massachusetts Line of the Army, the Value of one Half 
of the Sum by them subscribed, in any of the following 
Articles, namely, Live Beef, Pork well salted. Salt, West- 
India Rum, j^ew-England Rum, and Cloathing at such 
Rate or Prices as the Lender ^nd the Commissary-Gen- 
eral, Superintendent, or said Committee shall agree ; 
and upon producing a Certificate from the Commissary- 
General, Superintendent or said Committee, that any 
of the Articles aforesaid have been delivered to them 
or to the Persons l)y them appointed as aforesaid, the 
Treasurer shall consider the same as lent to Government, 
and give his Note accordingly ; provided the same in no Proviso. 
Case exceed one Half the Sum to be lent by any Person • 
as aforesaid ; and also that the said Four per Cent. Bounty 
be not added to the Sum arising from the Loan of any of 
the Articles aforesaid. 

And he it further enacted hv the Authority aforesaid. Treasurer 

rpi irn 1 ii'i 1 J .J ' empowered to 

Ihat the Ireasurer be, and he is hereby empowered to receive Gold 
receive Silver and Gold at the Rates established bv Law, the established 
or the Bills of Credit emitted by the Continental Con- gredircunenf 
gress, or the Bills of Credit of this Commonwealth, at ^^'"^ '^^'■'^°^- 



22 1780. — Chapter 12. 

the current Value thereof, compared with Gold and Silver, 
as the same shall be settled in Pursuance of an Act passed 
this Session of the General Court, intitled, "An Act for 
repealing certain Parts of an Act postponing the Payment 
of Government Securities to a distant Period, for the 
Payment of the Interest now due on said Securities, and 
for altering the several Acts of Government which now 

• relate to the Currency of the Commonwealth, and conform- 

ing the same to the Principles of Equality and Justice." 

Notea'^when °° -And be it further enacted, That the tirst Interest on 

Paid. said Notes shall be paid at the Expiration of nine Months 

from the Date thereof, and afterwards annually, until the 
Principal shall be paid, and both Principal and Interest 
shall be paid in Silver and Gold, or in Bills of Credit, 
the Value of which shall be settled as aforesaid ; and one- 
fourth Part of the Principal shall he paid in each of the 
following Years respectively, viz. In the Year One Thou- 
sand Seven Hundred and Eighty-five ; in the Year One 
Thousand Seven Hundred and Eighty-six ; in the Year 
One Thousand Seven Hundred and Eighty-seven ; and 
in the Year One Thousand Seven Hundred and Eighty- 
eight. 

A Tax to be j^q {l further enacted. That there be and hereby is 

levied and the ./ ' j 

sums granted to granted a Tax of Four Hundred Thousand Pounds, 
the^Paymentof Moucy, to be Icvicd ou the Polls and Estates wdthin this 
the Notes. Commonwealth, one Eourth Part of which to be paid 
into the Treasury of this Commonwealth on or before 
the First Day of Decembei^ in each of the Years before- 
mentioned respectively ; each of said Sums to be levied 
according to such Rules and Proportions as shall be 
agreed upon and ordered by the General Court at their 
Session in June in each of the Years aforesaid : And the 
Sums so granted, shall be applied for the Payment of the 
Notes which shall be issued by Virtue of this Act. And 
Sum grlntld" ^^^'-^^ ^^^^ further Sum of Ninety Thousand Pounds, JNIoney, 
«be and hereby is granted as a Tax to be levied as afore- 
said. And one-eighth Part thereof shall be paid into the 
Treasury on or before the First Day of September, in the 
Year One Thousand Seven Hundred and Eighty-one ; and 
one other Eighth thereof on or before the First Day of 
May in each of the next following seven Years respec- 
tively ; which several Sums shall be applied for the Pay- 
ment of the Interest annually (except the first Interest) 
of the Sums borrowed as aforesaid. 



1780. — Chapter 12. 23 

And be it further enacted, That if the General Court 
shall not, sometime before the First Day of Jidy, in each 
of the Years beforementioned respectively, agree and 
conclude upon a Tax- Act, apportioning the Sums to be 
paid in each beforementioned Year respectively, then, 
and in such Case, each Town and other Place in this Com- in case. 
monwealth, shall pay by a Tax to be levied on the Polls 
and Estates within their respective Limits, the same Pro- 
portion of the said Sums as such Town or other Place 
was taxed by the General Court in the Tax next preceed- 
ing. And the Treasurer of this Commonwealth is hereby 
empowered and directed, sometime in the Month of 
August, in ever}" such Year, to issue and send forth his The Treasurer 
Warrants, directed to the Selectmen or Assessors of each issue ws 
Town or other incorporated Place within this Common- 
wealth, or to some suitable Persons in such Places therein 
as are not incorporated, requiring them to assess the Polls 
and Estates within their Limits respectively, for their full 
Parts and Proportions of the Sums before directed and 
engaged to be assessed, to be paid into the Treasury on 
or before the First Da^^ of December in such Year respec- 
tively. And the Assessors, as also all Persons thereby 
assessed, shall observe, be governed by, and subject to, 
all such Rules and Directions as shall have been given in 
the next preceeding Tax-Act. 

Provided nevertheless, That if the General Court shall Proviso, 
make Provision for the Payment of the Notes and Interest 
aforesaid, before the several Years respectively on which 
the Tax granted is hereby ordered to be laid ; then the 
Clause granting said Tax, together with the other Clauses 
grounded thereon, shall l)e void. 

And be it further enacted by the Authority aforesaid, 
That the Treasurer's Notes to be issued as aforesaid, for 
any Sum or Sums received in Gold or Silver, or Bills of 
Credit of the new Emission, or Government Securities 
expressly promising Silver and Gold, shall be in the 
Form followinoj. 

No. Commonwealth of jMassac/mse^fe, A. D. KsurVr^l 

.Borrowed and received of for the Use Note, 

of the Commonwealth of the 3Iassachusetts, the Sum of 
which Sum I promise for Myself and Suc- 
cessor in the Office of Treasurer of this Commonwealth, 
to pay to the said or his Order, one-fourth 



24 



1780. — Chapter 12. 



Part thereof on or before Day of A. D. 

One Thousand Seven Hundred and Eighty-five ; one- 
fourth Part thereof on or before Day of 
A. D. One Thousand Seven Hundred and Eighty-six ; one- 
fourth Part thereof on or before the Day ol 
A. D. One Thousand Seven Hundred and Eighty-seven ; 
and the other fourth Pai't thereof on or before Day 
of A. D. One Thousand Seven Hundred and Eighty- 
eight ; with Interest at Six jJer Gent, per Annum : The 
first Payment of the Interest to be in nine Months from 
the Date hereof, and afterwards annually, from the Pay- 
ment of the first Interest. And the Principal and Interest 
to be paid in Gold and Silver, in Spanish Milled Dollars, 
at Six Shillings each, or in the several Si)ecies of coined 
Silver and Gold, enumerated in an Act made and passed 
in the Twenty-third Year of his late Majesty King George 
the Second's Reign, entitled, "An Act for ascertaining 
the Rates at which coined Silver and Gold, EngllsJi Half- 
pence and Farthings may pass within this Government, 
according to the Rates therein mentioned." 
Witness my Hand, 

H. G. 
A. B. Committee. 



Form of the 
Treasurer's 
Note for Sums 
received any 
other Way. 



And all Notes to be issued as aforesaid for any Sum or 
Sums received in any other Way, shall be in the Form 
following. 

No. Commonwealth of Massachusefffi, A. D. 
Borrowed and received of for the Use of 

the Commonwealth of Massachusetts, the Sum of 
which Sum I promise for ISIyself and Successors in the 
OfBce of Treasurer of this Commonwealth, to pay to the 
said or his Order, one-fourth Part thereof on or 

before the Day of A. D. One Thousand 

Seven Hundred and Eighty-five ; one-fourth Part thereof 
on or before the Day of A. D. One Thou- 

sand Seven Hundred and Eighty-six ; one-fourth Part 
thereof on or before the Day of A. D. One 

Thousand Seven Hundred and Eighty-seven : and the 
other fourth Part thereof on or before the Day 

of A. D. One Thousand Seven Hundred and 

Eighty-eight, with Interest at Six j^er Gent, per Annum : 
The first Payment of the Interest to be in nine ]Month8 



1780. — Chapter 12. 25 

from the Date hereof, and afterwards annually, from*the 
Payment of the first Interest : And the Principal and 
Interest to be paid in Gold and Silver, or in Bills of 
Credit emitted by the Continental Congress, or by this 
Commonwealth, at the current Value of such Bills, com- 
pared with Silver and Gold ; which current Value shall 
be determined in the Manner provided by an Act of this 
Commonwealth, entitled, "An Act for repealing certain 
Parts of an Act postponing the Payment of Government 
Securities to a distant Period, for the Payment of the 
Interest now due on said Securities, and for altering the 
several Acts of Government which now relate to the Cur- 
rency of the State, and conforming the same to the Prin- 
ciples of Equality and Justice." 

Witness my Hand, 

H. G. Treasurer. 
A. B. Committee. 

Which Form shall be printed on good Paper, and having 
been formed into Books, shall be cut out indentwise there- 
from. 

And be it farther enacted. That Samuel Henshaw, samueiHeD- 

T^ /-^ ■ • 1 1 i_i -\T Bhaw, Esq;ap- 

JhJSq ; be a Committee to sign and number the JNotes pointed to sign 

in the Form prescribed, before they are filled up by the Trea"u™r^s 

Treasurer. ^"'*^^- 

Aral he it further enacted, That every Inhabitant of this inhabitants of 

Commonwealth, who may hold any Certificates issued wealth m™yre- 

from the Department of the Quarter-Master General, may NoternE*x° 

receive a Loan Note of the Treasurer in Exchange for ^^^"^.f ^P'' 

~ Ceititicates 

such Certificate to the Amount of the Sum, which, agree- issued from the 
able to the Resolve of Congress of the Twenty-sixth of Department. 
August last, shall appear to be due to the Possessors 
respectively, in Bills of Credit of the Emission of the 
Eighteenth of 2IarcJi, A. D. One Thousand Seven Hun- 
dred and Eighty. 

Provided nevertheless. That there shall not be received Proviso 
of said Certificates a greater Sum than Two Hundred, and 
Fifty Thousand Dollars, which is the Sum recjuired of 
this Commonwealth b}^ the Pesolution aforesaid. And 
the Treasurer is hereby directed to give his Notes accord- 
ing to the real Value of said Certificates, which Value is 
to be determined in Manner beforementioned. 

February 17, 1781. 



26 



1780. — Chapter 13. 



Chap. 



Preamble. 



Excepting 
Clause in the 
Act for erecting 
the Society and 
Parish of 
NaticJi into a 
separate Dis- 
trict repealed. 

Boundaries 
confirmed. 



1780. — Chapter 13. 

[January Session, ch. 12.] 

;|3 AN ACT FOR ERECTING THE DISTRICT OF NATICK, IN THE 
COUNTY OF MIDDLESEX, INTO A TOWN, BY THE NAME OF 
NATICK. 

Wliereas hy an Act made in the Year of our Lord One 
Thousand Seven Hundred and Sixty two, tJie then Society 
and ParisJi of Natick, and the Inhabitants thereof loere 
vested ivith all the Privileges, Powers and Irnraunities that 
Districts are vested with, save only the Exception contained 
in the folloioing Clause, viz. '' Provided, that the present 
Meeting House shall not be removed, nor any new Meeting 
House erected ivithin the same, vnthout the special License 
of this Court." And tvhereas by one other Act made in 
the Year of our Lord One Thousand Seven Hundred and 
Seventy-five, among other tilings it is enacted and declared y 
that each District vnthin the then Colony, now Common- 
wealth of Massachusetts, ichose Licoiporation answers to 
the Description contained in said Act, " shall be holden, 
taken, and intended to be a Town to all Intents and 
Purposes whatsoever ;" but no Mention is made in said 
Act of the District of Natick or of the excepting Clause 
above I'ecited; in Consequence ivhereof Doubts have arisen 
whether the said District of Natick is entitled to the 
Privileges granted by the saicl Act herein last mentioned: 
For the Removal of all Doubts and Disputes relative 
thereto : 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same. That the before-mentioned excepting Clause, in 
the Act for erecting the Society and Parish of JVatick into 
a separate District, by the Name of Matich, be and it 
herefjy is repealed and declared null and void. 

And be it further enacted by the Authority cforesaid, 
That the said District of Natich, with the same Bounds 
and Limits, allowed and confirmed to the Inhabitants 
when made a District, be and it hereby is erected into a 
Town, l)y the Name of Natick. And it is hereby declared, 
that the Inhabitants thereof are vested with all the Powers, 
Privileges and Immunities which other Towns by Law 
and the Constitution of this Commonwealth do or may 
enjoy, to all Intents and Purposes whatsoever. 



1780. — Chapter 14. 27 

And he it further enacted by the Authority aforesaid, 
That the Inhabitants of said JSfaticlc shall be held punc- Theinhabitants 
tually to fulfil all Votes and Contracts made and passed to fumTthefr 
with and in Favor of the Reverend iSIr. Ste^jhen Badger, tft^^SeKev. 
respecting his ^Maintenance as a Minister: And that ^J"^ Stephen 
nothing in this Act shall extend, or be construed to 
extend, so far as any Way to aflfect the Possession or 
Improvement of any Eights, Privileges or Advantages 
vrhich have been granted or devised to the said Mr. 
Badger, as Missionary or Minister of j^atick; but the 
same shall be by him held and enjoyed in the same 
Manner as they might and vrould have been, if this Act 
had not been passed^ Fehruary 19, 1781. 

1780. — Chapter 14. 

[January Session, ch. 13.] 

AN ACT TO SET OFF THAT PART OF SHELBURXE, WHICH QJidp^ 14 
LIES ON THE SOUTH SIDE OF DEERFIELD RIVER FROM ^ ' 

SAID TOWN, AND ANNEXING THE SAME TO THE TOWN OF 
COX WAT. 

Whereas it appears that a Number of the Inhabitants of Preamble. 
the Town of Shelburne, in the County of Hampshire, liv- 
ing in the /Southerly Part of said Town, and on the South 
Side of Deerfield River, would be much better accommo- 
dated by being set off from said Toum, and annexed to the 
Town q/"Conwa3^, in said County. 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by Author- 
ity of the same. That all that Part of the Town of Shel- Boundaries. 
hurne, lying on the South Side of Deerfield River, so 
called, containing b}' Estimation Two Thousand and Nine 
Hundred Acres, and bounded as follows : Southerh^ upon 
Conwafs North Line ; Westerly upon AshfieUVs East 
Line ; and Northerly upon the South Bank of Deerfield 
River; and all the said Lands, with the Inhabitants 
thereon, shall forever hereafter be considered as belong- 
ing to the Town of Conv:ay. 

Provided nevertheless, That the said Inhabitants shall Proviso. 
pay their proportionable Part of all Taxes and Men 
which are already assessed and levied on said Town of 
Shelburne; any Thing in this Act to the contrar}^ not- 
withstandino;. 



28 



1780. — Chapter 15. 



The Amount of 
the Estates and 
Polls returned 
by the 
Assessors of 
Shelburne to 
be deducted 
& added to 
the Return 
made by the 
Town of 
Conway. 



And he it further enacted by the Authority aforesaid. 
The Amount of the Estates on and in said Tract of Land, 
and the Polls thereon, returned by the Assessors of the 
Town of /Shelburne, in the last Valuation taken, as belong- 
ing to said Shelburme, be deducted from the Return made 
by said Assessors and added to the Return made by the 
Assessors of the Town of Comvay. 

February 19, 1781. 



1780. — Chapter 15. 



Chap. 



I r AN ACT 
POSE 



[January Session, ch. 14.] 

FOR INSTITUTING A LOTTERY FOR THE SOLE PUR- 
GE CLGATHING THE MASSACHUSETTS PART OF THE 
CONTINENTAL ARMY. 



£20,400 to be 
raised by a Lot- 
tery, in Silver 
or Gold, for 
the Purpose of 
cloathing this 
Common- 
wealth's Quota 
of the Army. 



Whereas it is necessary that some Methods other than 
those already taken, be noiv used to 2^^'ocure sujfcient and 
suitable CloatJting for the Massachusetts Line of the Con- 
tinental Army : 

Be it therefore enacted by the Senate and House of 
Represerdatives in General Court assembled, and by the 
AutJiority of the same. That the Sum of Tirenty Thousand 
and Four Hundred Pounds, in coined Gold or Silver 
Specie, or Bills of Credit equivalent thereto, be raised by 
a Lottery, for the Purpose aforesaid, and upon the follow- 
ing Scheme, viz. 



Scheme of the Twenty Thousand Tickets, at Five Dollars One Hundred Thousand Dollars. 

Lottery. <^„^ p,.,^^ ^^ pj^.g Thousand Dollars 

of Two Thousand Four Thousand 

of One Thousand Three Thousand 

of Seven Hundred & Fifty Three Thousand 
of Five Hundred Two Thousand 

of Two Hundred & Fifty Two Thousand Five Hundred 
of Two Hundred Two Thousand 

of One Hundred Two Thousand 

ofFitty Five Thousand 

of Twenty Two Thousand 

of Fifteen SevenThousand FiveHundred 

Thirty Thousand 
Thirty -two Thousand 

One Hundred Thousand Dollars 



One Prize 

Two ditto 

Three ditto 

Four ditto 

Four ditto 

Ten ditto 

Ten ditto 

Twenty ditto 

One Hundred ditto 

One Hundred ditto 

Five Hundred ditto 

Three Thousand ditto of Ten 

Sixteen Thousand ditto of Two 



Prizes to be 
paid in Treas- 
urer's Notes, 
bearing Inter- 
est, e.xcepting 
the lowest 
Prizes. 



And be it further enacted. That the Prizes shall be paid 
in Treasurer's Notes of said Commonwealth, bearing an 
Interest of 8ix per Centum per Annum : The Interest to 
be paid annually ; and payable on the First Day of Decem- 
ber One Thousand Seven Hundred and Eighty-seven, ex- 



1780. — Chapter 15. 29 

cepting those of the lowest Denomination, which shall be 
paid in Money. 

And be if furtJter enacted, That the first-named of Monies arising 

i-»r j>'iT 1111 im fi from ibe Sale 

the ^lanagers oi said Lottery shall be the Ireasurer ot the of the Tickets 
same ; and that all Monies arising from the Sale of the for theVur-^ 
Tickets, except so much as is sufficient to pay off the lowest Fn°|c?oa'th?ng!^' 
Prizes, be detained in his Hands for the Purpose of pro- 
curing Cloathing as aforesaid, to be laid out in such 
Manner as the General Court shall direct. 

And be it further enacted, That Samuel Barrett, Esq ; Names of the 

y^ TT TT- • 1 T-T 7 • 7 T-> • T^ Managors. 

('apt. Henry Higginson, and MiZekiei Frice, Esq ; or. any 
Two of them shall be, and they hereby are appointed 
Managers of the said Lottery ; and that said Managers 
shall be sworn to the faithful Performance of their To be sworn. 
Trust ; and that said jNIanagers shall publish in such News To publish the 
Papers as they shall judge proper, the above Scheme, BakrLott°ery, 
and therewith all necessary Rules for the Management g^^y'^Rulerfor 
thereof: and that all Prizes, except those of the lowest tiie Manage- 

• • I'liiiii • 'IT 111 'iient thereof. 

Denommation, which shall be drawn in said l^ottery, shall 
be paid without any Deduction, in the Notes as aforesaid, 
if demanded within Six Months ; but otherways, shall be 
appropriated to the Purpose which gave Rise to said 
Lottery. 

And he it further enacted, That if any Person shall ^f;;^^°"^j''°^;_ 
forge, counterfeit or alter any Ticket issued by Virtue of gerytosetup- 
this Act, or shall pass or utter any such forged, counter- and pay a Fine 
feited or altered Ticket, knowing the same to be false, dred^PounSs, 
forged, counterfeited, or altered, or shall council, advise, uveiveMonths 
procure, or assist, in the forging, altering, or counter- imp'isonment. 
feiting the same ; every Person so offending, and being 
thereof convicted before the Supreme Judicial Court, 
shall be punished by being set upon the Gallows for the 
Space of one Hour, with a Rope round his Neck, and shall 
pay a Fine not exceeding One Hundred Prmnds, to the 
Use of this Commonwealth, and suffer not more than 
twelve Months Imprisonment, nor less than two, and be 
publicly whipped, not exceeding Thirty-nine Stripes, or 
shall suffer all or any of the foregoing Punishments, at 
the Discretion of the Court before whom he shall be con- 
victed, according to the Nature and Circumstances of the 
Offence. February 19, 1781. 



30 



1780. — Chapter 16. 



Chaj). 



Preamble. 



Towns of Sa- 
lem and Dau- 
vers empower- 
ed at their 
Meetings in 
March to chiise 
Persons to see 
that the Laws 
respecting the 
Passage Ways 
for Fish be ob- 
served. 



The major 
Part of the 
Committees of 
said Towns 
empowered to 
order the Time 
in which said 
Fish may be 
taken. 



In Case. 



1780. — Chapter 16. 

[January Session, ch. 15.] 

|g AN ACT MORE EFFECTUALLY TO PREVENT THE DESTRUCTION 
OF ALEWIVES IN THEIR PASSAGE UP THE RIVERS AND 
STREAMS IN THE TOWNS OF SALEM AND DANVERS. 

Whereas it is necessary for the Preservation of the Fish 
called Alewives, in their passage kj) the JRivers and Streams 
in the Towns of Salem and Dan vers, into the Ponds at 
the Head of those Streams, that the Committees, hereafter 
to he appointed in those Towns, to see that the Passage- 
Ways for said Fish be not obstructed, should have their 
respective Jurisdictions enlarged, and further Authority 
given them for the Purposes aforesaid. 

Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the 
Authority of the same; That the Towns of Salem and 
Danvers shall be and they are hereby respectively impow- 
ered and directed at their Meetings in March Annually, 
each Town to chuse three or more Persons, to see that 
the Laws respecting the Passage-ways for said Fish be 
observed : And each Person so chosen, shall take an Oath 
faithfully to discharge the Duties required of him by Law. 
And the Committees of said Towns shall meet together 
Annually on or before the Tenth Day of April, at such 
Time and Place as the Person first chosen by the Town of 
Salem shall appoint, to be by him duly notified. And 
the major Part of the Committees present at such Meet- 
ing, are hereby authorised and impowered to order the 
Times, Places and Manner in which said Fish may be 
taken within the Limits of either of said Towns, and also 
the Number any one Person may be allowed to take on 
any one Day. And the Members of the Committees 
aforesaid shall have joint and concurrent Jurisdiction in 
either of said Towns ; and the Doings of said Commit- 
tees, or either of them, or the Members of either of them, 
shall have full Power to act as such, in either of said 
Towns. And in Case either of said Towns shall neglect 
to chuse such Committee, the Committee chosen by the 
other Town shall be as fully impowered as though such 
Town had not neglected. And the said Committees or 
either of them (on Neglect as aforesaid) shall have Power 
to cause the whole natural Course of the Streams through 



1780. — Chapter 16. 31 

which said Fish pass to in both the said Towns, to be 
kept open and without Obstructions, to remove any such 
as may be found therein, to make the Passage-Ways of 
such Streams AYider or Deeper, if they tind it necessary. 
And the said Committees or either of them, or any Mem- TheCommit- 
ber thereof, shall have Authority to go on the Land of {rioTn^h"***^ 
any Person through which any such Eiver or Stream runs Pe"s^onf wluiout 
or on which such Land may be bounded, for those pur- being c'onsid- 
poses, without bemg considered as Trespassers. And Trespassers. 
any Person who shall molest or hinder said Committees, Persons mo- 
or either of them, or any Member thereof, in the Execu- o^mmuTJesin 
tion of the Business of" his or their Office or Offices, or oflh^efr'"""" 
shall olistruct an}' Passage-way in such River or Stream, business, 
otherwise than may be allowed by such Committees or 
Committee, he or she shall forfeit and pay a Sum not Penalty. 
exceeding Fifty Pounds, nor less than Ten Pounds. 

And he it furtlier enacted by the Authority aforesaid, 
That the said Committees or the major Part of them committees 
present at any ^Meeting duly notified, l)eing not less than open°an*y Da°m 
three in Number, shall be, and they are hereby authorised of fny Miu.'"''*^ 
and impowered to open any Dam or Sluice head of any 
Mill erected or that may be erected on or over any such 
River or Stream, at the Expence of the Owner or Owners 
of such Dam or Sluice, provided such Owner or Owners Proviso, 
shall neglect to open the same, when thereto required by 
said Committees or such major Part of them as aforesaid, 
and the Dam or Sluice so opened shall continue open to 
such Depth and Width as the Committee or said major 
Part may judge necessary from the Tenth Day of April to 
the Tenth Day of pJune in every Year. And in Case an}^ Persons ob- 
Person or Persons shall obstruct the Passage-Way allowed Passage Way 
or ordered by said Committees or such major Part of them, eaid^commit- 
in any Dam or Sluice ; each Person so offending shall Yin^°oim^ 
forfeit and pay a Sum not exceeding Fifty Pounds, nor 
less than Ten Pounds. 

And he it further enacted hy the Authority aforesaid, 
That the Owner or Owners of any Tide Mill erected, or owners of 

,1 , 1 I'j 1 .1 1 -r->- in any Tide Mill 

tnat may herearter be erected on any such River, shall directed to 
keep a Sluice Gate hoisted, or Passage-Way open, of three Gate hoisted!" 
Feet in Width and two Feet high, three Hours at least 
before high Water in each Tide, from the said Tenth Day 
of April to the Tenth Da}^ of June annually, on Penalty 
of forfeiting for each Tide it shall not be hoisted or the 
Passage- Way opened, a Sum not exceeding Three Pounds 



32 



1780. — Chapter 17. 



Persons not 
to take Fish 
unless. 



Penalty. 



Persons de- 
tected to be 
subject to the 
Penalties of 
this Act. 



Penalties how 
recovered. 



nor less than Five Slnllinr/s — And the l)ottom of the 
Passage-way so opened, shall be as low as the said Com- 
mittees or the major Part as aforesaid shall judge 
necessary. 

A7id be it further enacted by tJie Authority aforesaid, 
That if any Person or Persons shall take any of said Fish 
on an}^ Day? or in any Place, or in any Manner, or in 
greater Numbers than shall be allow^ed by said Committees 
as aforesaid, each Person so oflending shall forfeit and 
pay a Sum not exceeding forty Shillings, nor less than 
fve Shillings. — And no Seins shall at any Time be made 
Use of to take said Fish, nor shall they be taken in any 
Manner more than three Days in any one Week. 

And be it further enacted by the Authority aforesaid. 
That if the Committees aforesaid, or either of them, or 
any Member thereof, shall detect any Person or Persons 
attempting to take any of said Fish on any Day, at any 
Place, in any Manner, or in a greater Number, otherwise 
than is allowed by said Committees, and shall find Fish 
with such Person or Persons, such Person or Persons shall 
be doomed to have taken said Fish, and be sul)ject to the 
Penalties of this Act accordingly. 

And be it farther enacted by the Authority aforesaid, 
That all the Penalties incurred by the Breach of this Act, 
may be sued for and recovered in any Court of Record in 
the County of Essex proper to try the same. And all 
Sums as recovered as forfeited by this Act shall be ap- 
propriated, one Moiety thereof to the Prosecutors and the 
other Moiety equally divided between the said Towns of 
Salem and Danvers. And no Person, by Reason of his 
])eing one of either of the Committees aforesaid, shall be 
thereby disqualified from being a Witness in any Prosecu- 
tion for Breach of this Act. February 19, 1781. 



1780. — Chapter 17. 



Chajp 



Preamble. 



[January Session, ch. 16.] 

-jrr AN ACT IMPOWERING THE SUPREME JUDICIAL COURT TO 
' TAKE COGNIZANCE OF MATTERS HERETOFORE COGNIZABLE 

BY THE LATE SUPERIOR COURT. 

Whereas hy the Laios heretofore made by the General 
Assembly of the late Province, Colony and State of Mas- 
sachusetts-Bay, a Superior Court of Judicature, Court of 
Assize and General Gaol Delivery ivas constituted, and 



1780. — Chapter 18. 33 

sundry Powers and Authorities are given to the same . 
Court by jparticular Laws. And whereas hy the Consti- 
tution and Frame of Government of the Commonivealtli of 
Massachusetts, the Stile and Title of the same Court is 
now the Supreme Judicial Court of the Commonwealth of 
Massachusetts. And the Constitution aforesaid having* 
jyrovided that the Laws heretofore made and adopted,, 
shoidd continue and he in Force until they shcdl be altered 
or repealed hy the Legislature; whence some DoidAs may 
arise whether the Supreme Judicial Court shall have Cog- 
nizance of those Matters which hy particular Laws were 
expressly made Cognizable by the Superior Court of Judi- 
cature, Court of Assize and General Gaol Delivery. 

Be it therefore enacted by the Senate and House of 
Representatives in Genercd Court assembled, and hy the 
AutJiority of the same, That the Court which hath been The supreme 

hii 1 1 iv 'ill • • 1 T Judicial Court 

all l)e hereaiter appointed and commissioned accord- totak-ecog- 

ino- to the Constitution as the Supreme Judicial Court of Mattlrecog" 

tliis Commonwealth, shall have Co«:nizance of all such pifabie by the 

' '^ late Superior 

Matters as have heretofore happened, or that shall here- courtof Ju- 
after happen, as by particular Laws were made Cognizable unless. 
hy the late Superior Court of Judicature, Court of Assize 
and General Gaol Delivery, unless where the Constitution 
and Frame of Government hath provided otherwise. 

February 20, 1781. 

1780. — Chapter 18. 

[January Session, ch. 17.] 

AN ACT FOR ANNEXING THAT PART OF LANCASTER, (CALLED ri},„^ 1Q 
THE SOUTHERLY PART) TO THE TOWN OF SHREWSBURY. ^f^ap. lO 

Who'eas it has been represented to this Court that the Preamble. 
Southerly Part o/" Lancaster, in the Couiity of Worcester, 
hounded on said Shrewsbury, in many Pesjjects ivill he 
more accommodated to he set off from the said Town of 
Lancaster, and annexed to the Town of Shrewsbury, in 
said County. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and by the Authority 
of the same, That the Southerly Part of Lancaster, with Boundaries. 
the Inhabitants thereof, bounded as follows, viz, Begin- 
ning at the Northwest Angle at Still Water River, at 
a Heap of Stones by said River, at the End of Fzi^a 
Beeman's Stone AVall, as it now stands near Josiah 



34 



1780. — Chapter 19. 



The Inhabi- 
tants of the 
South Part of 
Lancaster to 
pay their Pro- 
portion of 
Taxes already 
granted. 

Part of the 
Valuation of 
Lancaster to be 
set off to 
Shrewsbury. 



Cutting's Mill ; from thence East five Degrees South one 
Hundred and Ninety-eight Rods to a Count}'^ Road lead- 
ing from Worcester to Lunenburg ; thence angling round 
JEhenezer Pike's Farm to a Heap of Stones the Northeast 
Angle of said Pike's Farm ; thence East Nineteen Degrees 
and Thirty Minutes South, one Hundred and Forty-four 
Rods to a Heap of Stones ; thence East Five Degrees and 
Thirty Minutes South, One'Hundred and Fift3'-two Rods, 
to a Heap of Stones ; thence East Eighteen Degrees 
North, one Hundred and Eighty Rods to a Heap of 
Stones ; thence East ten Degrees North, two Miles to 
Lancaster River ; thence East twenty-five Degrees South, 
one Mile and Half and thirty Rods, to a Heap of Stones 
on Bolton Town Line ; thence South twenty Degrees and 
thirty Minutes West to a Heap of Stones on SJirev:shui'y 
Town Line ; thence angling on said Shreivsbury and said 
Still Water River to the first mentioned Angle ; be, and 
hereby are set ofl^ from the said Town of Lancaster and 
annexed to the Town of Slweivshury in the County of 
Worcester, there to do Duties and receive Privileges as 
other their Inhabitants. 

And he it further enacted. That the Inhabitants of the 
said Southerly Part of L'ancaster as before described, shall 
pay the Proportion of all such State, Town and County 
Taxes already granted to be raised, on the Town of Lan- 
caster aforesaid. 

And he it further enacted, That so much of the Valua- 
tion of Lancaster be set off" to Shrewsbury as is before- 
mentioned ; and the Committee on the Valuation are 
directed to govern themselves accordingly. 

February 26,1781. 



Chap. 19 



Preamble. 



1780. — Chapter 19. 

[January Session, ch. 18.] 

AN ACT FOR POSTPONING THE TIME FOR HOLDING THE FIRST 
COURT OF COMMON PLEAS AND GENERAL SESSIONS OF THE 
PEACE IN THE COUNTY OF BERKSHIRE; AND FOR NOT HOLD- 
ING MORE THAN TWO OF SAID COURTS IN SAID COUNTY IN 
ONE YEAR FOR THE FUTURE, UNTIL THE FURTHER ORDER 
OF THE GENERAL COURT. 

Whereas there hath been a Suspension of the Courts of 
Law in the County o/ Berkshire /or a considerable Time; 
and the holding of Courts of Law in that County JiatJi not 



1780. — Chapter 20. 35 

taken Place as usual, hy Reason of the Exigencies of the 
Thnes. Therefore, 

Be it enacted hy the Senate and House of liepresenta- where the 
tives in General Court assembled, and by the Authority moiiP?ea8a"d 
of the same. That the first Court of Common Pleas and ^oMonlTe*' 
General Sessions of the Peace, to be holden in and for ^oumyVf'"' 
the County of Berkshire, shall be holden at Pittsfield on Berkshire shaii 
the second Tuesday in April next, and the next Court of And at what 
Common Pleas, &c. to be holden in and for said County, 
shall be held at Great Barrington on the third Tuesday 
in August following, and from and after that Time said 
Courts shall be holden in said County at the Places afore- 
said, on the last Tuesday in February and the third Tues- 
day in August Annually, and then only, until the further 
Order of the General Court ; any Law, Usage or Custom 
to the contrary notwithstanding. February 26, 1781. 

1780. — Chapter 20. 

[jEtBuary Session, ch. 19.] 

AN ACT FOR ERECTING THAT TRACT OF LAND LYING IN THE (JhaV. 20 
COUNTY OF BERKSHIRE, CALLED NEW ASH FORD, INTO A ^' 

DISTRICT, BY THE NAME OF NEIV ASHFORD. 

Whereas the Inhabitants q/'New-Ashford, (so called) in Preamble. 
the County of Berkshire have represented to this Court, 
the great Jbifficulties and Inconveniences they labour under 
in their present Situation, and have earnestly requested 
that they may be incorporated into a District. 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Aidliority of the same. That the said Tract of Land in the Boundaries. 
County of Berkshire called JSfeio Ashford, lying between « 

the Towns of Williamston and Lanesborough , Hancock 
and Adams, be and is hereby incorporated into a District 
by the Name of Neio Ashford; and the said District be 
and hereby is invested with all the Privileges, Powers and 
Immunities that Towns in this Commonwealth by Law 
do or may enjoy, that of sending a Representative to the 
General Assembly only excepted, but hereby have Liberty 
granted them to join with the Town of Lanesborough for 
that Purpose. 

And be it further enacted by the Authority aforesaid, ^*^|°"g^ ^ 
That Gideon Wheeler, Esquire, be, and hereby is directed to caiithe first 
and impowered to issue his Wan-ant directed to some ^^'"^' 



36 1780. — Chapter 21. 

principal Inhabitant within said District, requiring him to 
Warn the Inhabitants of said District, qualitied to Vote in 
Town AH'airs, to assemble at some suitable Time and 
Place in said District, to chuse such Officers as are 
necessary to manage the Aflairs of said District. 
Proviso. Provided nevertheless^ the Inhabitants of said District 

of New Ashford shall pay their proportionable Part of all 
the State Taxes for Money, Beef and Men, that hath been 
heretofore assessed or apportioned on the several Towns 
within this Commonwealth, w^hich hath not yet by them 
been furnished or paid. February 26, 1781. 

1780. — Chapter 31. 

[January Session, ch. 21.] 

Chan 21 ^^ ^^^ ^*-*^ forming and regulating the militia within 

1 ' ^ THE COMMONWEALTH OF MASSACHUSETTS, AND FOR RE- 

PEALING ALL THE LAWS HERETOFORE MADE FOR THAT 
PURPOSE. 

Preamble. ]\7iereas in and by tJie Constitution of Government, 

ratified and estahlislied hytlte Inhabitants of this Common- 
ivealth, it is declared that the Legislature shall hy stand- 
ing Laws, direct the Time and Manner of convening the 
Electors of Militia Officers, and collecting Votes, and of 
certfying to the Governor the Officers elected: And ivhei'eas 
by the Lstablishment of said Constitution of Government, 
it hath become necessary that Elections should be made and 
Commissions given out agreeably tJiereto : And whereas it 
is not only the h\terest, but the Duty of cdl Nations to 
defend their Lives, Liberties and Properties, in that Land 
which tJie Hnpreme Ruler of the Universe has bestotced on 
them, against the unlawful Attacks and Dejivedcdions of all 
Enemies ivhatever ; especially those icho are moved by a 
Spirit of Avarice or Despotism : And ivhereas the Laws 
noiv in Force respecting the regulating the Militia, have 
been found insufficient for the Purposes aforesaid: 

It is therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the Au- 
Laws enforce- thority of the Same, That the several Law%s, and the several 
tion of the Mi- Paragraphs and Clauses of all and every the Laws of this 
1 la lep*-:' <■< • Commonwealth, enforcing or any Ways relating to the 
Regulation of the Militia, l)e, and hereby are repealed 
and declared null and void. 

And be it further enacted by the AidJiorlty cforesaid. 
That that Part of the Militia of this Commonwealth 



1780. — Chapter 21. 37 

commonly called the Training-Band, shall be constituted ^□guuued^of 
of all the able l)odied Male Persons therein, from Sixteen aii abie bodied 

-17- 1 -rrc IT- r\ Male Persons 

lears old to Jbiity, excepting the Lieutenant-Uovernor, from sixteen 
Members of the Council and Senate, and House of Rep- Fifty, except- 
resentatives, for the Time being, ^Members of the American *°^' ^'^' 
Congress, the Secretary of the Commonwealth, the Jus- 
tices of the Supreme Judicial Court, and the Justices of 
the Inferior Courts, Judges of Probate, Justices of the 
Peace, and Sheritis of the County, Officers and Students 
of //«/'yrt>Y?-College, Ministers of the Gospel, Elders and 
Deacons of Churches, Church-Wardens, Grammar School- 
Masters, Masters of Arts, the Denomination of Christians 
called Quakers, Selectmen for the Time l)eing, those who 
have by Commission under any Government or Congress, 
or by Election in Pursuance of the Vote of any Congress 
of the Continent, or of this or any other State, held 
the Post of a Subaltern or higher Officer, Persons while 
actually employed as Masters of Vessels of more than 
thirty Tons Burthen, other than Fishing Vessels and 
Vessels Coasting this Commonwealth, and to and from 
this Commonwealth to the other New-England States, 
Constables and Deputy Sheriffs, Negroes, Indians and 
Mulattoes, and shall be under the Command of such 
Officers as shall be chosen and commissionated over them, 
as is b}^ this Act hereafter provided ; and the Selectmen selectmen em- 
(or the major Part of them) of each Town, shall be, and cusePhysicians, 
hereby are impowered by Writing under their Hands, to Ichoo? Masters, 
excuse from Time to Time such Physicians, Surgeons, nar/'^T^ai°Jings. 
stated School-Masters, Ferrymen and Millers in their 
respective Towns, from common and ordinary Trainings, 
as they shall judge it necessary to excuse : And the Gov- The Governor 
ernor, with the Advice of Council, shall from Time to r/counciito^''^ 
Time, as may appear to them necessary, divide the Mill- ua^ln^elch^''" 
tia of each County into Regiments, and alter and divide ^"""j^^ynta" 
such Regiments from Time to Time, as they shall judge 
expedient. 

Provided^ That no Soldier shall be obliged without his Proviso. 
Consent, to join a Company belonging to any Town in 
which he has not his usual Place of Abode, unless where 
there shall not be Privates enough to make a Company of 
Thirty Soldiers including Officers ; in which Case, as also 
where there are any Persons belonging to a Place not 
incorporated they shall be joined to such Company as the 
Field Officers of the Regiment within which they are, 



38 



1780. — Chapter 21. 



Three Major 
Generals by 
whom appoint- 
ed and commis- 
sioned. 



Officers and 
Soldiers to pay 
entire Obedi- 
ence to their 
commands. 



Proviso. 



Subject to 
Orders of the 
Governor. 



The Governor 
empowered to 
issue his Orders 
requiring the 
Mititia on or 
before the first 
Day of May to 
assemble. 



And each Com- 
pany to be noti- 
fied for the 
Choice of one 
Captain and two 
Lieutenants. 
Choice to be by 
Ballot, in pres- 
ence of one of 
the Field Ofli- 
cers. 

Returns to be 
made to the 
Commanding 



shall see fit. And the Inhabitants of every Town now in 
or that shall be in the Continental Army, shall be deemed 
to belong to and be a Part of the Companies in their 
respective Towns, and excused from Duty in the Militia 
whilst they continue Part of the Army aforesaid. 

And be it furtJier enacted hy the Authority aforesaid. 
That Three Major-Generals shall be appointed within this 
Conunon wealth, by the Senate and House of Representa- 
tives, each having a Negative upon the other, and be 
commissioned by the Governor as the Constitution directs : 
And the Officers and Soldiers of said Militia, shall pay 
entire Obedience to their Commands accordingly, under 
the Penalties hereafter provided in this Act. 

Provided ahvays, That the said Generals and all other 
Officers of said Militia, shall at all Times be under the 
Command of the Governor, and shall in drawing forth, 
or retaining in Service the said Militia or any Part of 
them, be subject to such Orders and Instructions as they 
may receive from the Governor, provided that the Gov- 
ernor shall not at any Time hereafter Transport any of 
the Inhabitants of this Commonwealth, or oblige them to 
march out of the Limits of the same, without their free 
and voluntary Consent, or the Consent of the General 
Court, except so for as may be necessary to transport 
them by Land or AVater for the Defence of such Parts of 
the Commonwealth to which they cannot otherwise have 
convenient access. 

A)id be it further enacted by the Authority aforesaid. 
That His Excellency the Governor be, and he hereby is 
impowered and requested forthwith to issue his Orders, 
requiring the several Companies of Militia, including the 
Train-Band and Alarm-List, of Twenty-one Years of Age 
and upwards, within this Commonwealth, to assemble on 
or before the First Day of May, as the Commanding 
Officer shall appoint, within the Limits of said Companies 
respectively, of which each Company shall be duly noti- 
fied by Order of the Commanding Officer, for the Purpose 
of chusing One Ca})tain and Two Lieutenants ; which 
Choice shall be made by Ballot, in the Presence of one of 
the Field-Officers, who shall preside as INIoderator at such 
Election, and shall ]^ul)licly declare to the Company the 
Officers elected, and immediately make Return of the 
Names of the Captains and Lieutenants who shall l)e 
chosen, and accept such Trust, and of their respective 



1780. — Chapter 21. 39 

Places of Abode, to the Commanding Officer of the Reg- officer of the 
iment to which such Company belongs, within Thirty Days jnThMyDryB''" 
from the Time of issuing such Orders. " hisOrS^ 

And be it farther enacted hij the uiathority aforesaid, 
That the Commanding Officer of any Regiment, after the 
Expiration of Thirty Days aforesaid, shall summons such 
Officers as shall be chosen, to meet at some convenient 
Time and Place within the Limits of such Regiment, at 
which Time and Place such Captains and Lieutenants shall 
assemble, and proceed to choose by Ballot some one of 
their Number to act as Moderator at such Meeting, whose 
Duty it shall be to bring in their Votes for their Field- 
Officers, consisting of one Colonel, one Lieutenant-Colonel b'^wh^m*""" 
and one Major ; and to count and sort the Votes, and declare elected. 
in said Meeting the Names of the Persons who shall he 
elected Field-Officers, and within Ten Days afterwards 
make return of the Names of the Field-Officers accepting 
such Trust, and of their respective Places of Abode, who 
shall be chosen at such Meeting, to the Commanding 
Officer of the Brigade to which such Regiment belongs ; 
and in Case any of the Field-Officers who may be chosen in Case. 
in Manner aforesaid, shall not be present at said Meeting, 
it shall be the Duty of the Moderator to notify every such 
absent Person of the Office to which he shall be elected, 
and receive his Answer before he makes his Return to the 
Brigadier or Commanding Officer ; and in all Cases Avhen 
any Persons elected decline accepting the Trust, the Elect- 
ors shall proceed to fill up such Vacancies. 

And he it further enacted 5y the Authority aforesaid^ 
That after the Expiration of said Ten Days, the Brigadier 
or Commanding Officer shall issue his Orders to such 
Field-Officers as shall be returned elected, directing them 
to meet at such Time and Place as he shall appoint, with- 
in the Limits of his Bria^ade, and to make Choice of some Brigadiers by 
Person for their Brigadier ; which Field-Officers so assem- '"'^""^ '='^°''"- 
bled, shall chuse ])y Ballot some one of their Numl)er to 
[)rcside as ^Moderator of said Meeting, who shall count and 
sort the Votes for a Brigadier ; and when any Person 
shall be chosen as aforesaid, said Moderator shall declare 
in said Meeting the Name of the Person so chosen Briga- 
dier, and shall immediately notify such Person in Writing 
of his Election ; and in Case any Person so elected, 
shall neglect to signify his Acceptance of such Trust 
for the Space of Ten Days after being so notified, the 



40 



1780. — Chapter 21. 



The Person 
chosen Briga- 
dier to be cer- 
tified to the 
Major-General 
or to His Excel- 
lency the Gov- 
ernor. 



To be commis- 
sioned agreeable 
to the Constitu- 
tion. 

Returns of 
Field-Officers, 
Captains and 
Subalterns to be 
made to the 
Brigadier; he 
to certify to the 
Major-General 
or to His Excel- 
lency the Gov- 
ernor, of the 
Officers elected. 



When any Reg- 
iment shall be 
destitute of 
Field-Officers, 
the Command- 
ing Officer of 
the Brigade to 
issue his Orders 
for assembling 
the respective 
Companies for 
the Choice of 
Officers. 



Where there 
shall be no com- 
missioned Offi- 
cer, the Select- 
men to do the 
Duty required. 



Officers elected 
to declare their 
Acceptance or 
Non-acceptance 
within three 
Days. 



Electors shall proceed to chuse some other Person in 
hi^ Stead. 

And be it further enacted by the Authority aforesaid. 
That the Moderator who shall preside at the Election of 
any Brigadier, shall, without Delay, certify to the Major- 
General to whose District such Brigadier belongs, or to 
His Excellency the Governor, the Name and Place of 
Residence of the Person who was chosen Brigadier, and 
that such Person accepted said Office, in order that every 
Person so chosen may ])e commissionated as the Constitu- 
tion directs. 

And be it further enacted by the Authority aforesaid, 
That as soon as the Names of the Persons elected Field- 
Officers, Captains and Subalterns, shall be returned to 
any Brigadier or Commanding Officer of a Brigade, he 
shall forthwith certify to the Major-General to whose 
District he belongs, or to His Excellency the Governor, 
the Names and Places of Abode of such Officers, and the 
Offices to which they shall have been respectively elected. 

And be it further enacted by the Authority aforesaid. 
That if it shall so happen, that any Regiment shall be 
destitute of Field-Officers, that in every such Case the 
Commanding Officer of the Brigade to which such Regi- 
ment ]>elongs, shall issue his Orders for assembling the 
respective Companies in such Regiment, for the Purpose 
of electing their respective Officers immediatel3^ to the 
Commanding Officer of such Companies respectively ; and 
some one of the Selectmen in any Town to which any 
such Company belongs, shall preside at such Elections, 
and do and perform the Duties in like Cases required of 
Field Officers (where any such Officers are) and make 
Return to the Officer who issued the Orders for assembling 
such Companies as aforesaid, who shall call a Meeting of 
the Officers which shall be returned elected, in the same 
Manner as is required of the Commanding Officers of Reg- 
iments where there is any such Officer : And in all Cases 
where there shall be no commissioned Officer in any 
Company, the Selectmen of the Town, or Committee of 
the Plantation to which such Company belongs, shall do 
the Duty required of such Officers. 

And, be it fvrther enacted by the Authority aforesaid. 
That soon as any Person is elected to any Office afore- 
mentioned, and notified thereof by the Moderator, every 
such Person sh.all declare his Acceptance or Non-accept- 



1780. — Chapter 21. 41 

ance thereof, within three Days after being notified of the 
same ; and in Case he does not dechire his Acceptance Ami in caxe. 
within the said three Days, every such Vacancy shall he 
immediately tilled up by another Election : And if an}^ omcera negiect- 
Company of jNIilitia, Captains and Sul)alterns, or Field- cho'ice'^f'their 
Officers of Regiments, shall neglect or refuse to make cersu! ww 
Choice of their Superior Officers respectively, such Neg- certified. 
lect or Refusal shall he certified In* the Moderator of any 
Electors so neglecting or refusing, to the Brigadier or 
Commanding Officer, and by him to his Major-General or 
the Governor, in Order that Commissions may be made 
out to such Persons as His Excellency shall think most 
suitable, in the Manner pointed out by the Constitution. 

And be it further enacted hi/ the Aidhorit// aforesaid, 
That any Justice of the Peace within this Commonwealth, JuaticeB of the 
is hereby impowered and directed to administer the Oaths ered'to^admhiis. 
required l^y the Constitution, to any Officers elected and requir'edhj'^ihe 
commissionated as aforesaid, when Application shall be conetituuon. 
made therefor ; which Power is hereby also given to the Power also 
Field-Officers of Regiments, or either of them, having offic"ersof'Regi- 
previously taken said Oaths themselves before some '°^''**- 
Justice of the Peace ; Certificates of which Oaths shall 
be made on the Back of every Commission, by the Justice 
or Officer who shall administer the same. 

And be it further enacted by the Authority aforesaid, 
That the Commandins; Officer of each and every Reo-i- H'i™'"''*nd>ng 

o 1/ ~ OnicGrs of Rcffi- 

ment, shall appoint an Adjutant and Quarter-Master to mems to appoint 

h-n • , ■ Adjutant and 

IS Regiment. Quarter Mas- 

And be it further enacted. That each Company, includ- ''^'^*" 
ing the Alarm-List, shall be called together by their Cap- Captains to caii 

, • y^ T r\iii 1 ^ j^i their Companies 

tam or Commandmo; (Jmcer, as soon as may be, tor the together to 
Purpose of choosing one Clerk, who shall be'^sworn to the ^^^J^oose a cierk. 
faithful Discharge of his Duty, four Serjeants, four Cor- 
porals, one Drummer and one Fifer : And when it shall 
appear to the Commission Officers of any Company, that 
either of said non-commissioned Officers shall neglect his Non-coiumiR. 
Duty, they may remove and dismiss him from his Office, ne^Jie't-'tSg to^o 
and call upon their Company, including the Alarm-List, disllissed & ''^ 
to choose another in the Room of such Delinquent; and others chosen. 
if the said Company, being called together for that Pur- fusiug to pro- 
pose, shall at any Time neglect or refuse immediately to choice/"" 
])r()cecd to the Choice of one or more non-commissioned 
Officer or Officers .so ordered to be clioscn, tiie Com- 
mission Officers of such Company, or the major Part of oSs^empow. 



42 



1780. — Chaptek 21. 



ered to appoint 
non-commis- 
sioned Officers. 



In Companies 
where there are 
noNon-commis- 
eioned Officers 
the Capt. to 
direct his Or- 
ders to any 
Pri%'ate. 

Penalty in Case 
of neglect. 



Officers & Sol- 
diers to equip 
themselves with 
Arras and Ac- 
coutrements. 



Fine for Non- 
equipment. 



Parents, Mas- 
ters& Guardians 
to equip those 
under their 
Care under like 
Penalties. 



Where Persons 
are unable to 
equip them- 
selves to be 
certified to the 
Commanding 
Officers of 
Companies. 
Arms & Equip- 
ments to be 
provided at the 
Expence of the 
Town. 



them, shall, by Warrant under their Hands in Writing, 
appoint such non-commissioned Officer or Officers, which 
the said Company shall have refused to choose as afore- 
said ; and in Companies where there are no non-com- 
missioned Officers, the Captain or Commanding Officer 
shall direct his Orders to any Private of such Company, 
who shall perform the same Duty that a non-commissioned 
Officer is obliged to perform, on Pain of forfeiting the 
Sum of Twenty ShiJUngs, in Case of Neglect or Eefusal, 
to be recovered and disposed of in the same Manner as is 
hereafter provided, in Case of Non-appearance or Diso- 
bedience on Training Days. 

And be it further enacted by the Authority aforesaid^ 
That each and every Officer and private Soldier of said 
Militia, not under the Controul of Parents, Masters or 
Guardians, and being of sufficient Ability therefor, in the 
Judgment of the Selectmen of the Town wherein he has 
his usual Place of Abode, shall equip himself, and be 
constantly provided with a good Fire-Arm, with a Steel 
or Iron Ramrod, and a Spring to retain the same, a 
Worm, Priming-Wire and Brush, and a Bayonet fitted 
to his Gun, a Scabbard and Belt therefor, a Cartridge- 
Box that will hold Fifteen Rounds of Cartridges at least. 
Six Flints, one Pound of Powder, Forty Leaden Balls 
fitted to his Gun, a Haversack and Blanket, a Canteen 
sufficient to hold one Quart. And if any Officer or pri- 
vate Soldier shall neglect to arm and equip himself as 
aforesaid, for the Space of Sixty Days after Publication 
of this Act, he shall forfeit and pay a Fine of Five 
Pounds; to be recovered by Action of Del)t in any Court 
proper to try the same, by the Clerk of the Company to 
which the Delinquent belongs. And all Parents, Masters 
and Guardians, shall furnish and equip those of the Militia 
which are under their Care and Command, with the Arms, 
Equipments and Accoutrements aforesaid, under like Pen- 
alties, to be recovered in Manner aforesaid. And where 
the Selectmen of any Town shall judge any Person 
belonging to the Militia of their Town unable to equip and 
arm himself as aforesaid, such Selectmen shall, in Writ- 
ing under their Hands, certify the same to the Captain or 
Commanding Officer in whose Companv such Per.son may 
be, and shall, at the Expence of such Town, provide for, 
furnish, arm and equip such Person with Arms and 
Equipments ; which Arms so provided by such Select- 



1780. — Chapter 21. 43 

men, shall be the Property of the Town at whose 
Expence they shall be provided ; and if any non-commis- if any Non- 
sioned Officer or Soldier shall eml)ezzle or destroy the officerror'soi- 
same, he shall be punished at the Discretion of the Justice giroy law 'irms 
or Court before whom he may be convicted thereof, by ^,ethe^*iUu*l°"' 
paying double the Value of the Arms or Accoutrements uponconvic- 
so wilfully destroyed or embezzled ; and on Default 
thereof, to be publicly whipped, not exceeding Twenty 
Stripes. 

And be it further enacted, That the Clerk of each and ^fde^b^the^ 
every Company of said Militia, shall once in Six Months cierkofeach 
after the Time of his Choice or Appointment, take an once in six 
exact List of his Company, and of each Man's Equip- ea?hM*ai?B 
ments respectively, and present the same to the Captain toYheCom*' 
or Commanding Officer thereof. mandingOffi. 

C t 1 • • ^^'■' thereof. 

And be it further enacted by the Authority aforesaid, 
That when the Captain or Connnanding Officer of any The Manner 
Companj^ of such Militia, shall choose to call his Company the'^Muufa"" 
together, or shall be ordered by his Superior Officer to do ""'^ ^"°®" 
it, to examine their Arms, or instruct them in the exer- 
cises which from Time to Time shall by the Governor and 
Commander in Chief be ordered for them, he shall notify 
and warn them of the Time and Place of JNIeeting, in such 
Manner as his Colonel shall appoint therefor ; and each . 
and every Company shall be mustered four Times a Year 
at least, and oftener if their Commanding Officer shall 
think necessary. 

And be it further enacted. That if any Captain or Sub- cut^^punLhed 
altern shall prove Disobedient on a Trainino; or ]\Iuster by courts- 

1 o Martial. 

Day, or shall not draw out the Company he commaiids, 
being ordered by his Superior Officer thereto, he shall be 
liable to be removed from his Office by a Court-Martial 
appointed as by this Act is provided ; and when any 
commissioned Officer shall be removed from his Office in case of Re- 
as aforesaid, he shall be held incapable of holding any diBabiVdfm- 
Military Office in said Militia, for the Space of three Years three Years. 
next after Sentence declared against him ; and if any non- Non-commis. 

^ *^ sion&Q Oiiiccr 

commissioned Officer or private Soldier, being duly noti- or Private for 
fied of the Time and Place appointed for the Company to Dufy^topaya 
which he belongs, to meet on a Training or Muster-Da}', sh^'iings^'^not 
shall unnecessarily neglect to appear, armed and accoutred fi/,ecfnot/o *"^ 
as aforesaid, being ordered by his Officer so to ai^pear, exceed Forty 

. ^ t . Shillings lior 

shall pay a Fine not exceeding the Sum of Ten tSliUlaiys less than' 
for each Defect ; or if he shall appear, not equii)ped as be\™ntiued. 



u 



1780. — Chapter 21. 



Fines, one 
Moiety to the 
Clerk, the other 
to the Company, 
recovered by 
JuBtice, with 
Appeal to the 
Inferior Court. 



The major 
Part of the 
Officers of a 
Company to 
excuse from 
Fine, or receive 
the same in 
Case. 



General Offl- 
cera to be re- 
moved from 
Office by Ad- 
dress of both 
Houses. 



Brigadiers to 
appoint Courts 
Martial for 
Trial ofField- 
Offlcers. 



Colonels to 
appoint Courts 
martial in Case 



aforesaid, or l)e Disobedient or Disorderl_y on a Training 
or Muster-Day, he shall pay a Fine not exceeding the Sum 
oi Forti/, nor less than Tirenfi/ SJriUiiigs, and shall be con- 
fined during the Time of such Training, at the Discretion 
of the Officers; and all Fines and Forfeitures of Money, 
arising by Breach of this Act, for Disobedience or Failure 
of Appearance on a Training-Day, shall be estimated in 
Gold or Silver, or Bills of Credit equivalent thereto ; and 
shall be disposed of, one Moiety to the Use of the Clerk 
of the Company, the other Moiety to the commissioned 
Officers for the Use of the Company ; and shall be recov- 
ered by Action of Debt, before a Justice of the Peace, 
by the Clerk of the Company to which the Delinquent 
belongs ; an Appeal being allowed to either Party to the 
Inferior Court of Common Pleas, as in other Actions : 
And if on such Action, Judgment shall be given in Favour 
of such Clerk, he shall have his legal Cost allowed him. 
Provided nevei'f/teJess, That when any non-commissioned 
Officer or Soldier shall neglect to appear as aforesaid, on 
a Training or Muster-Day, and shall within eight Days 
next after such Training or Muster, make his Application 
to the Officers of said Company, or the major Part of 
them, and pay such Fine as they shall order, not exceed- 
ing Forty nor less than Twenty ShUUnriK, or shall obtain 
their Excuse, and present a Certificate of the same under 
their Hands to the Clerk, it shall be a Bar to any Action 
or Suit against him for such Offence. 

And he if farther enacted. That no ]Major-General or 
Brigadier, duly commissioned to command in the Militia, 
shall l>e removed from his Office but by Address of both 
Houses of the Legislature to the Governor ; and if any 
Field-Officer shall be guilty of any Misdemeanor or 
Breach of Duty in A^iolation of this Act, the Brigadier to 
whose Brigade he belongs, shall appoint a Court-Martial , 
consisting of a Majority of Field-Officers of the same 
Brigade to try him. And when any Captain, Adjutant 
or Sulialtern, shall be guilty of Breach of Duty, or Mis- 
demeanors, against this Act, the Colonel or Commanding 
Officer of the Regiment to which he belongs, shall order a 
Court-Martial, to consist of a Majority of the Captains 
and Subalterns of the same Reijiment, to trv him ; which 
Courts-]\Iartial shall respectively have full Power, for 
Treacher}', Cow ardice. Fraud, Failure of Duty, or wanton 
Exercise of Power, to remove froni Office such commis- 



1780. — Chapter 21. 45 

sioned Officer or Officers. And no Sentence of any No sentence 
Court-Martial shall be put in Execution, without being ManiaTshaii 
affirmed by the Officer who shall have appointed the beforra"ffirmed 
same. And when any Briojadier or Colonel shall appoint 1*7 the officer 

j^ -m ' ^ ^\ ^ . V> appointing 

a Court-Martial tor the Trial of any dehnquent Officer, 
he shall appoint some suitable Person for Judge Advo- Judge Advo- 
cate, and the delinquent Officer shall be timely notified pointed. ^^^ 
of the charge alledged against him, and of the Time and 
Place of Trial, and shall lie put under Arrest so far as to 
lie suspended from the Exercise of his Office : And in 
Case such delinquent Officer shall not appear to acquit Delinquents 
himself of the Charge alledged against him, he shall be and deemed 
deemed guilty of such Charge, and dealt with accord- tauit^of Ap^ 
ingly. And all Persons shall be holding to appear and p®^""^"*^®- 
give Evidence before any Court-Martial (under the same 
Penalties as is by Law provided for Witnesses in other Evidence, how 
Cases) when thereto summoned by any of the Justices ^"'°™°°®^- 
of the Peace in this Commonwealth, wdio are hereby 
empowered to summon and swear such Witnesses in their 
respective Counties. 

And loltereofi Bvihertj and Oorriqdion hati been the 
Destruction of many great and opulent jSTations, and 
therefore every /Species thereof should he discountenanced 
by a virtuous and patriotic People: And whereas treat- 
ing at the Election of Officers has a manifest Tendency to 
injure a free People, and on Training, Muster and Election 
Days, create an undue Influence: 

It is therefore enacted by the Authority aforesaid, That No Treat to 
if any Officer on any Training or other Muster-Days, shall Training-Day 
give or provide any Treat of Victuals or Drink, for the pTemoval^ut 
Company he commands, directly or indirectly, he shall f^Thmentfuot 
be liable to be removed from his Office, by a Court- to hinder the 

-HT •! 1 ^ • k • • -I -I I' i/^rt. Business of the 

Martial, as by this Act is provided tor other Oiiences ; Day. 
unless it shall appear to said Court, that his so doing was 
designed merely for necessary Refreshment and Comfort, 
and was not intended to answer any interested Purpose, 
or to influence any future Elections, and did not interrupt 
or hinder the regular Exercises and Duties of the Day. 

And be it further enacted. That no Soldier or Non- Firing pro- 
commissioned Officer shall unnecessarily discharge his Mu«t«^Days 
Firelock from and after his appearing at the Place of cencrofVhe 
Parade on a Training or Muster-Day, without the express gcmmianding 
Order or Licence of his superior Officer, under such 
l^enalty as is herein provided for Disobedience or Dis- 



46 



1780. — Chapter 21. 



Persons not in 
Training-Band 
List, to consti- 
tnte an Alarm- 
List, except, &c. 



Shall be pro- 
vided and 
equipped as 
the Training- 
Band, and do 
duty on alarm. 



The Clerk to 
make a List of 
Train Band & 
Alarm, and 
present to his 
Captain. 

Captains to 
raalve return of 
Alarm List. 

Alarms made 
by firing Bea- 
cons or 3 guns. 



Train Band 
and Alarm List 
to muster at 
Beat of Drum. 



Commanding 
Officers of 
Companies 
shall every six 
Months view 
Arms. 



orderly Behavior on such Days ; which Penalty shall be 
recovered in like Manner. 

And be it furflter enacted hy tlie Aidlioriiy aforesaid, 
That all the Male Persons from Sixteen Years of Age to 
Sixty-five, not included in that Part of the Militia called 
the Training Band, and exempted by the first Section of 
this Act, from common and ordinary Training, shall con- 
stitute an Alarm-List in the Commonwealth ; excepting 
the Lieutenant-Governor, Members of the Council, Senate 
and House of Representatives, and American Congress 
for the Time being, the Secretary of the Commonwealth, 
Ministers of , the Gospel, the Denomination of Christians 
called Quakers, Selectmen for the Time being, and 
Negroes, Indians and Molattoes ; and if of sufiicient 
Ability in the Judgment of the Selectmen of the Town 
where they have their usual Place of Abode, shall respec- 
tively provide for, and equip themselves with such Arms 
and Accoutrements as by this Act is directed for those of 
the Training-Band, in the Militia aforesaid ; and shall in 
Case of an Alarm, do Military Duty under the Command 
of the Officers of the Company to which they belong ; and 
the Clerk of each Company shall, when he takes a List 
of the Training-Band, take an exact List of the Persons 
l)elonging to the Aarm-List in his Company, and shall 
present the same to his Captain, with that of the Training- 
Band ; and the Captains and all Officers, shall make the 
same Return of them as of the Rest of the Militia ; and 
an Alarm may l)e made by firing three Guns, one after 
another, or l)y firing a Beacon, by the. Direction of any 
Commissioned Officer of the Militia ; the Drums Beating 
an Alarm ; the Training-Band being called upon to arm ; 
upon which all the Train-Band and Alarm-List who are 
then resident in any Town, shall forthwith appear com- 
pleat with their Arms and Ammunition, at the usual 
Place of Rendezvous, or where the Chief Officer shall 
ap})oint ; there to attend such Command as shall be given 
for the common Defence, agreeable to this Act. 

And he it fartlier enacted, That the Captain or Com- 
manding Officer of each Company in this Commonwealth, 
[shall once every Six Months, on one of the Days that he 
shall muster tliose of his Company l>elonging to the Train- 
ing-Band, call those of the Alarm-List within the Limits 
of the same together, within the Town wliere they are 
Inhabitants, and examine their Arms and Accoutrements ; 



1780. — Chapter 21. 47 

and if any such Person belonging to the Alarm List, shall ^kn^Lut for 
unnecessarily neglect to appear, after being duly warned, neglect of Duty 

J O II ' iiiii'ii ^"® 8^"ie as on 

with his Arms and Accoutrements, he shall l)e lialue to Train'g Band, 
l)ay the same Fine as is provided for those of the Train- covered in the 
ing-Band, in like Cases offending : And all Fines and For- '"^'^ ^'^"°'^>- 
feitures, arising by Breach of this Act, against any of the 
said Alarm List, shall be recovered in the same Manner 
as is provided for recovering the same for those of the 
Training-Band in like Case offending: And all those Alarm Listen- 
Persons" in the Alarm-List shall be as eligible to any ^"'"^*°°®'=^- 
Office in the said Militia, as if they were in the Tnun- 
ing-Band. And no Person belonging to, or being a 
Part of the established Forces of the United American 
States, or of this Commonwealth, shall, during the 
Time of his Engagement in the Services aforesaid, be 
elected to, or hold any Office in the Militia of this 
Comm on wealth . 

And he it further enacted by the Authority aforesaid^ 
That there shall be appointed by the Governor, with ^j^^P^f^.^^"'"- 
Advice of Council, a Deputy-Commissary for every every Brigade, 
Brigade, who shall be duly sworn to a faithful Discharge pointed" ^^^' 
of the said Office ; which Deputies shall be accountable fo'^bL ac^o"uu" 
to, and obey the Commands in Matters respecting their f^e^rdersoT 
Office, of the Commissary of this Commonwealth ; and the commissary 
when the Militia of any Town m the Commonwealth, or monweaith. 
a Part thereof, shall be drawn forth for the immediate when the Miii- 
Defence of this or any of the United States aforesaid, each drawn forth 
Officer and Soldier shall provide for himself at least three |t,*idj^r^rpro. 
Days Allowance of Provisions, unless otherwise ordered; videhimseif 
and the Selectmen of such Town shall immediately cause Allowance of 
Carriages to attend them with further necessary Pro- unLVs'""' 
visions and Utensils to Cook the same, and shall continue fhdrfs'ed^V"" 
sending to the Commissary, or his Deputy, sufficient Sup- 
plies for the Part of the Militia from their respective themwith 

rr\ p • T •! yi "r' 1 11 1 • 1 xi Provision, &c. 

lowns aforesaid, until Certihcates shall be given by the 

Commissary or his Deputy, in the County from which 

said Militia goes, that the same can be otherwise supplied : 

And the Selectmen are directed to cause their Accounts of rectedTo "fuse 

the Provision aforesaid that shall be supplied by them, or their Accounts 

1 /• 1 XT •! 1 11 1 1 i 1 1 J l^ of Supplies to 

such ot the utensils as shall l)e lost or damaged, together belaid, &c. 
with the Charge of Transportation, to be laid before the 
(jeneral Court for Allowance, and to produce Receipts 
from the Commissary or his Deputies, for such a Part 
thereof as shall ])e delivered to them respectively. 



cause Car- 
iages to attend 



48 



1780. — Chapter 21. 



Stocks of Pow- 
der and Am- 
munition to be 
provided in 
each Town in 
this Common- 
wealth, by the 
Selectmen. 



Said Selectmen 
empowered to 
assess the I'olls 
and Estates to 
raise Money 
for the Pur- 
pose aforesaid. 



Constables em- 
powered to 
collect and to 
pay the same 
to the Town- 
Treasurer. 



Militia Watches 
to be kept in 
every Town 
upon due Warn- 
ing given. 



Penalty for 
Neglect. 



The Governor 
and Council 
empowered to 
cause one Com- 
pany of Artil- 
lery to be in- 
listed, &c. 



The Number 
of Men each 
Company to 
consist of. 



To be formed 
into Regiments 



And be ii further enacted, That there shall be a Stock 
of Powder and Ammunition in each Town provided, and 
constantly kept ; which shall be one Barrel of good Gun- 
Powder, containing one Hundred Pounds, three Hundred 
Weight of Leaden Balls (of different Sizes) and three 
Hundred Flints for every Sixty Soldiers of the Training- 
Band ; and the same Proportion for any greater or lesser 
Number ; and the Selectmen of each Town in this Com- 
monwealth, shall procure and provide such Stock of 
Ammunition as soon as may be : And the Selectmen of 
each Town shall be and hereby are empowered to raise 
Money by Tax, on the Polls and Estates of their Town, 
for the Purposes aforesaid, by the same Rule as other 
Town Charges are assessed ; and shall l)y Warrant under 
their Hands, commit the same to the Constable or Col- 
lector of their Town, who are hereby empowered and 
directed to collect the same, in the same Manner as is 
provided for the Collector of other Taxes, and shall be 
held to pay the same to the Town-Treasurer as other 
Taxes, and shall be liable, in Case of Default, to have the 
same levied of them by an Execution from the said Treas- 
urer, as in other Cases of a delinquent Constable is pro- 
vided : and the said Treasurer is hereby empowered to 
award the same. 

And he it farther enacted. That there be Military 
Watches appointed and kept in every Town, at such 
Time and in such Places, and in such Numbers, and under 
such Regulations as the Commission Officers of such Town 
shall appoint, or as they may receive Orders from the 
Chief Officer of their Regiment ; and that all Persons 
within the Training-Band attend such Watches, on Penalty 
of Five Shillings, for neglecting or refusing to give such 
Attendance, there having Ijeen due Warning given. 

And he it further enacted by the Authority aforesaid, 
That the Governor, with Advice of Council, be, and here- 
by is impowered to cause to be Inlisted one Company of 
Artillery from each of the Counties of Barnstable, Berk- 
shire and Lincoln, and two Companies from all other Coun- 
ties within this Commonwealth, the Counties of JSTantucket 
and Dukes-County only excepted, to consist of Thirty-six 
Men each, including Officers, to be raised from two sep- 
arate Regiments, and from one Town in each Regiment, 
or from the adjacent Inhabitants of other neighbouring 
Towns, to be formed into distinct and separate Regiments ; 



1780. — Chapter 21. 49 

each Kesiment to consist of six Companies, as nearly as properly om. 
conveniently may be, with proper (Jiiicers to eacn liegi- said officers 
ment and Company, to be appointed and commissioned in ins^meMau.'' 
the same Manner as the other Companies and Regiments officer8'oUhe 
ot Militia are of the same Rank ; one of the Field-Oificers ^i'i'ia "re. 
to l)e appointed in each of the Brigades that shall com- 
pose one of the said Regiments, which when so raised f^'^J^fiZ\h^ 
shall be under the immediate Command of the Governor command of 

i/>i -iz-i -j^i *"® Ooveruor. 

or a Major-General ; each ot the said companies to be Each of the 
kept constantl}^ provided, at the Expence of the Common- be provided! &c. 
wealth, with a good Field-Piece that shall carry a Shot of 
not more than six, nor less than two Pounds Weight, 
mounted on a good and substantial travelling Carriage, 
together with Harnesses, Rammers, Ladles, Spunges, 
Powder-Horns, and other necessary Accoutrements for the 
same ; and shall keep constantly provided for each Field- 
Piece forty Rounds of Iron Shot, forty Cases of Iron or 
Leaden Balls, and eighty Rounds of Po^'der with Car- 
tridges for the same : and be subject to the same Laws and Subject to the 

T-» •11'1'A A' 1 1 same Kegula- 

Regulations as are provided in this Act lor the other tions as the 
Regiments and Companies of the Train-Band : Any Thing ®^''"''"'* "''• 
in this Act notwithstanding. 

And be it further enacted hy the Authority aforesaid^ 
That when it shall so happen, that in Consequence of an 
Order of the General Court of this Commonwealth, or the 
Governor thereof, any Number of Officers or Soldiers be- 
longing to the Training-Band or to the Alarm-List, shall 
be detached for any Purpose, the Person or Persons so Persons de- 
detached by his or their Commanding Officer, who shall totlh'"''"^ 
have due Notice of his or their being so detached, and 
l)eing ordered by his or their Commanding Officer to 
march to the Place of his or their Destination, shall 
neglect or refuse to obey such Order, or shall not pay a 
Fine of Ten Pounds, or procure some able-bodied Man in 
his Stead, within Twenty-four Hours after he shall have 
had Notice of his being so detached, shall be considered 
as a Soldier in such Detachment, and treated accordingly : 
And in all Cases where the aforesaid Fine shall be paid, 
the same shall be appropriated by said Officer to hire Men Fines how ap- 
for that or any future Service his Company shall be called p'-"?"''^^^. 
to perform. And in Case such Fines are insufficient for in case. 
compleating such Detachment, the Officer shall proceed to 
detach others till he shall have compleated the full Number 
so ordered to be detached. 



50 



1780. — Chapter 21. 



Major-Generals 
to appoint two 
Aid-de-Camps, 
their Rank. 

Brigade Major 
by whom ap- 
pointed. 
Brigade Major 
and Aid de- 
camp keeping 
& exhibiting 
Accounts of 
Services to the 
Gen. Court. 
Accounts how 
certified. 



Adjutant Gen- 
eral by whom 
appointed. 



He to make 
Returns. 



How paid. 



Provided nevertheless, If the Officer making the Detach- 
ment in any Company, shall himself be detached and 
marched to any Post out of his County, the next Officer 
in Command in said Company that may be within the 
County, shall be holden to do the Duty enjoined by this 
Act upon the Officer making the Detachment. 

A-ud he it further enacted by the Antlioritij aforesaid. 
That each Major-General belonging to the Militia of this 
Commonwealth, shall appoint Two Aid-de-Camps, with 
the Rank of Major : And each Brigadier-General of said 
Militia shall appoint one Brigade-Major ; and each Aid- 
de-Camp and Brigade-Major so appointed and commis- 
sioned, shall keep an exact Account, with the proper 
Vouchers, of all the Services they may respectively per- 
form in the Execution of their Duty, by Virtue of General 
Orders, and exhibit the same to the General Court from 
Time to Time for Allowance and Payment, with a Certifi- 
cate from the -respective Generals by whose Order the 
same has been done, that said Service has been so done 
by them respectively. 

And ichereas it is essentially necessary to every good 
Pmjjose of this Act, that regidar Returns of the Mumher 
of Men ivhich compose the several brigades and liegi- 
ments of Militia tvithin this Commonwealth, and their 
I'espective Posts or Stations, together witli the JSfumher and 
Condition of their Arms and various Equipments, should 
from Time to Time be exhibited to the Governor, and his 
Orders duly transmitted to the Commanding Officers of 
Corps, and Returns made of the same: 

Be it enacted by the AutJiority aforesaid. That the Gov- 
ernor of this Commonwealth be, and he herel)y is impow- 
ered to appoint a Person of adequate Accomplishments, 
to the Office of Adjutant-General ; and that he be directed 
to make just and true Returns of the State of the Militia 
as aforesaid, to the Governor, or in his Absence to the 
next Command ino- Officer of the Militia within this Com- 
monwealth, on the firet Monday of July, each Year 
successively, and at all other Times when he shall be there- 
unto ordered ; and that he annually prefer his Account 
for Services done, with proper Vouchers and Certificates 
to the General Court for Allowance and Payment. 

And whereas the Movements of the Militia of this Com- 
tnonivealth may be such as to render Barracks, Tents, 
Cooking-Utensils, and other Camp- Equipage, Waggons, 
Cattle, Forage, &c. necessary: 



1780. — Chapter 21. 51 

Be it enacted by the Authority aforesaid, That the Quartermaster 
Governor, with Advice of Council, be and is hereby ''^^°'" ^ ' 
impowered to appoint a proper Person to the Office of 
Quarter-Master-General, who shall make seasonable and 
suitable Provision of such Quantities of the Articles 
before specified, with such others as he shall order; and 
that he make regular and true Returns of the same, with ^j^^^^e^to the 
their respective Dispositions, to the Governor, or in his Governor. 
Absence to the next Commanding Officer within the same, 
on the first Monday of April and October, each Year 
successively ; and shall procure or cause to be procured, 
a sufficient A^umber of AVaggons for removing Stores be- waggona pro- 
longing to this Commonwealth, on the Order of the Com- ""'^ ' 
manding Officer (where Stores may be deposited) when an 
Order of the Governor cannot seasonably be obtained for 
that Purpose ; and that he annually prefer his Account ^^j^^^TchTrged. 
for Services done, with proper Vouchers and Certificates, 
to the General Court for Allowance and Payment. 

And be it further enacted by the Authority aforesaid. 
That when any Vacancy shall happen in the Office of a in Case of 
Brigadier by Death, Removal or otherwise, the next Brigadier, a 
Commanding Officer of the Brigade shall summon the othT^wtse"!' 
Field-Officers of the Brigade to meet at some convenient 
Time and Place, to choose some Person for their Brig- 
adier; and the Officer issuing such Summons, shall pre- 
side at such Meeting, and make Return to the Governor 
of the Name and Place of Abode of the Person who shall 
be elected Brio-adier. And when any Vacancy shall here- Provision made 
after happen, by Reason of the Death, Removal or Resig- Death, Removal 
nation of any Field-Officer, the Captains and Subalterns of aif othTr*'"" 
of the Regiment in which such Vacancy may happen, shall Muwa wuhi^*^ 
be called together by the Commanding Officer of the ^^f^,^^"""°°- 
Regiment, to fill up such Vacancy ; and the said Com- 
manding Officer shall preside at such Election, and make 
Return to the Governor of the Name and Place of Abode 
of the Person who shall be elected. And when Vacancies 
shall hereafter happen by Death, Removal or otherwise, 
of any Captain or Subaltern Officer, the Commanding 
Officer of the Regiment shall direct the Commanding 
Officer of the Company, where such Vacancy shall hap- 
pen, to summon the Electors, consisting of the Alarm-List 
and Training-Band, of Twenty-one Years and upwards, 
to meet at some convenient Time and Place to fill up such 
Vacancy, and to make Return of the Person elected, as 



52 



1780. — Chapter 21 



Field Officers 
to determine 
the RaDk of 
the several 
Companies, & 
to make 
Return to the 
Commander in 
Chief. 



Quakers ex- 
empted from 
Military Duty 
however sub- 
ject to pay 
their Propor- 
tion of all 
Expences for 
raising Men. 
Said Proportion 
to be assessed 
by the Asses- 
sors. 

Taxes how col- 
lected & paid. 



A Certificate 
from the Select- 
men to be 
lodged in the 
Secretary's 
Office. 



Treasurer di- 
rected to issue 
his Warrant. 



directed in the foregoing Cases. And when Vacancies 
shall hereafter happen by the Death, Removal or Resig- 
nation of any Non-commissioned Officer, the Captain or 
Commanding-Officer of the Company, shall smnmons the 
Electors, consisting of the Train-Band and Alarm-List, 
of T^venty-one Years of Age and upwards, to meet at 
some convenient Time and Place to lill up such Vacancy, 
and the Commanding Officer of such Company shall pre- 
side at such Meeting ; and if the Electors in any of the 
Instances l)eforementioned, shall neglect or refuse to fill 
up any Vacancy in Manner herein prescribed, the Gov- 
ernor is hereby impowered and requested to appoint some 
suitable Person to fill up every such Vacancy. 

A)ul be it further enacted by the Authority aforesaid, 
That the Field Officers of each Regiment, or the major 
Part of them, shall within Ten Days after being chosen, 
settle and determine the Rank of the several Companies 
within their Regiment, according to their Age, and return 
the Rank so settled to the Commander in Chief. 

And be it further enacted by the Authority aforesaid. 
That all that Denomination of Christians called Quakers, 
shall be exempted from personal Military Service,* subject 
nevertheless to pay their full Proportion of all Expences 
for raising Men for Military Service, either in Whole 
or by Detachment ; said Proportion of Expences to be 
assessed by the Assessors of such Towns where any Per- 
sons of that Denomination reside, according to the Rules 
prescribed for making other Assessments, and to be col- 
lected in the same Manner as other Taxes are collected ; 
and the Money so collected shall l)e paid to the public 
Treasury of this Commonwealth, for the Use of Govern- 
ment ; which Sum so assessed, shall be the average Price 
of what the Men raised in such Town shall cost, together 
with an Addition of Ten jjer Centum^ to defray the 
Expence of raising Men ; and a Certificate thereof from 
the Selectmen of such Town, under Oath, -shall be lodged 
by them in the Secretary's Office ; and a Return of the 
Money so assessed, shall be made to the Treasurer by 
the Assessors of such Towns within Twenty Days, and 
to whom the same is committed to collect ; and the Treas- 
urer is hereby directed to issue his Warrant for the same 
accordingly within Twenty Days, which shall be paid into 
the Treasurer's Office within Thirty Days after the issuing 
of said Warrant, and shall be solely appropriated to the 
Purpose of raising Men. March 3, 1781. 



1780. — Chapters 22, 23. 5B 

1780. — Chapter 23. 

[January Session, ch. 22.] 

AN ACT FOR RECORDING AND PUBLISHING THE DOINGS OF (Jhnqj Q^ 
THE JUSTICES OF THE SUPREME JUDICIAL COURT RELAT- ^ 1 ' "' 
ING TO THE SETTLEMENT OF THE VALUE OF THE BILLS 
OF CREDIT CURRENT \YITHIN THIS COMMONWEALTH. 

Wliereas it is necessary that a proper Record shall be Preamble. 
made and kept of the Proceedings of the Justices of the 
Supreme Judicial Court, relative to the Settlement of the 
Value of the Bills ' of Credit current or whicji may he 
current within this Commonwealth: 

Be it therefore enacted by the Senate and. the House of 
Representatives in General Court assembled, and by the 
Authority of the same, That the Justices of the Supreme justices of the 
Judicial Court, shall from Time to Time make Returns of c^aicTrt'^to'^'" 
their Proceedings in the Settlement of the Value of the "fthd^Pro" 
Bills of Credit current, or which may hereafter be current ceedings in the 

'I^^ • ±^ • r^ i i • i ^^ t /-\ m Settlement of 

Within this Commonwealth, into the Secretary s Omce, theVaiueof 
instead of publishing the same : And the Secretary shall credit into the 
make a proper Record thereof, and shall cause the same offlce*A7make 
to be immediatel}' Published in the Boston and Worcester ^^^J^°^^^^ 
News Papers : any Law of this Commonwealth notwith- 
standing. 

And be it further enacted by tJie Auihority aforesaid. 
That the Settlement of the Value of the Bills of Credit J/'^Jl'^XTo' 
current as aforesaid, within this Commonwealth, shall be be the Rule in 
the Rule by which the Inhabitants of this Commonwealth ^" ^^y™^"'^- 
shall govern themselves in all Payments whatsoever, until 
the same shall be otherwise settled and ordered by the 
said Justices of the Supreme Judicial Court. 

March 3, 1781. 

1780. — Chapter 33. 

[January Session, ch. 23.] 

AN ACT FOR RETALIATING UPON THE ENEMY WHO ARE OR 
THAT MAY HEREAFTER BE CAPTIVATED AND BROUGHT 
INTO THIS COMMONWEALTH, THE UNWARRANTABLE TREAT- 
MENT EXERCISED, OR THAT MAY HEREAFTER BE EXERCISED 
BY THE BRITISH COMMANDERS TOWARD THE CITIZENS OF 
THIS COMMONWEALTH, WHOM THE FORTUNE OF W^AR HAS 
OR MAY PUT INTO THEIR POWER. 

Whereas the British Commanders now in America, preamble 
regardless of the Practice of civilized JVations, and un- 
mindful of the Tenderness exercised toward their People 



Chap. 23 



54 



1780. — Chapter 23. 



The Governor 
requested to 
enquire into the 
Treatment the 
Subjects of the 
United Statos 
meet with from 
the Enemy in 
order that Brit- 
ish Prisoners 
may receive 
similar Treat- 
ment. 



A number of 
Commanders 
Masters and 
other Officers of 
British Vessels 
to be retained 
until an equal 
Number of 
Americans of 
the same Rank 
who have been 
transported 
beyond Sea be 
returned. 



Prisoners in our Hands, still persist in treating the Subjects 
of this and the other States in the Union, who have been 
captivated by them, with every Species of Insult, Outrage 
and Cruelty, notwithstanding that every lenient Measure 
has in vain been tried to prevent it. 

And whereas Experience clearly evinces the JVecessity of 
an iimnediate Exercise of the Law of Retaliation, how- 
ever reluctantly adopted, in order to compel the enemy to 
use their Prisoner's in a Manner conformable to the Dictates 
of Humanity and the Law of Nations: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same. That the Governor of this Com- 
monwealth be, and he hereby is requested to make strict 
Enquiry from Time to Time into the Manner in which the 
Subjects of tlie United States, who now are, or that may 
at any Time hereafter, be Prisoners in the Hands of the 
Enemy, are treated by them ; and that he, according to 
the Information he may receive, issue his Orders from 
Time to Time to the several Officers, Civil and Military, 
within this Commonwealth, who, by any Law now in 
being, or that may hereafter exist, are to have the Custody 
of Prisoners within said Commonwealth, and who are or 
may be officially amenable to the Authority of the same, 
in order that all British Pi'isoners who now are, or that 
may hereafter be committed to their Custody, respectively, 
receive the same Allowance and Treatment, in every 
respect, as the Subjects of the United States who are or 
may hereafter be Prisoners with the Enemy, receive of 
them. 

And whereas it has become the Practice of the said 
British Com7nanders to transport Masters and Command- 
ers, and other officers q/" American Vessels to Great-Britain, 
and Parts beyond Sea, in order to prevent their being 
exchanged : 

Be it therefore further enacted by the Authority afore- 
said, That a Number of Commanders, Masters and other 
Officers of British Vessels taken, or that may hereafter be 
taken and brought into said Commonwealth, by Vessels 
belonging to the same, or to a Subject or Subjects there- 
of, shall be kept in close Custody, not to be exchanged or 
admitted to Parole, until an equal Number of Command- 
ers, Masters and other Officers, Prisoners in their Hands, 
of the same Rank, who have been by them transported 



1780. — Chapter 24. 55 

beyond Sea, shall be returned in order to their being 
exchanged. 

And in order to carry the preceeding Clause of this Act selectmen of the 
effectually into Execution, the Selectmen of the several required to 
Towns within this Commonwealth are hereby required of^au'prisoaprB 
and directed to make out from Time to Time, Lists of the Ene^ytoUe*'^ 
Names and Number of all Masters and Commanders, and commissary of 

.1 /~^fr> /'-iT-iii- ^ ' • Prisoners for 

other Umcers or Vessels belongnig to their respective this Common- 
Towns, who have or may hereafter be taken and sent to 
Parts beyond Sea as aforesaid, and that they transmit such 
Lists to the Commissary of Prisoners for said Common- 
wealth. ' March 3, 1781. 

1780. — Chapter 34. 

[January Session, ch. 24.] 



AN ACT FOR PREVENTING ALL COMMERCE AND ILLEGAL COR- 
RESPONDENCE WITH THE ENEMIES OF THE UNITED STATES 
OF AMERICA. 



Chap. 24 



Whereas there is great Reason to suspect that some of P'^-ambie. 
the Subjects of this Commomvealth, prompted by self-inter- 
ested Views or Motives of Disaffection, and regardless of 
the Duty and Allegiance which they owe their Country, 
have carried on an illicit Trade, and maintained a Cor- 
respondence with the Enemy dangerous to this Common- 
ivealth. 

For the Prevention whereof in future. 
Be it enacted by the Senate and House of Hepresenta- 
tives in General Court assembled, and by the Authority 
of the same. That from and after the First Day of March The Navai-offi. 

■^ • • /-\ n 1 directed to 

Anno Domini One Thousand Seven Hundred and Eighty- search every 

■XT 1 • T-M 11 -I c '^ ^ Vessel carrying 

one, every Vessel carrying a rlag, and bound irom any a Flag previous 
Port within this Commonwealth to any Port in Possession "^ ^"^ saiimg. 
of the Enemy, shall be searched immediately before she 
sails, by the Naval-Officer for the District from which 
such Vessel may sail ; and in Case any Goods, Wares or And in Case. 
Merchandize, shall be found shipped on board such Vessel 
(unless by Permission from the General Court) the same 
shall be seized by the said Naval-Officer, forfeited to the 
Use of said Commonwealth ; and the Person or Persons 
who shall ship, or cause the same to be shipped as afore- 
said, shall forfeit a Sum not exceeding double the Value, 
nor less than the Value of said Goods, Wares and Mer- 
chandize ; one Moiety thereof to the Use of this Com- 



56 



1780. — Chapter 24. 



Letters & Pack- 
ets subject to 
the Inspection 
of the Naval 
Officer. 



Flags to 1)6 
searched by the 
Naval Officer 
upon their Ar- 
rival from any 
Port in Posses- 
sion of the 
Enemy. 



CiDods not per- 
mitted to be 
seized 



Letters and 
Packets to be 
examined. 

Naval Officers 
empowered to 
administer 
Oaths. 

Persons taking 
Goods, &c. 
from on board 
said Flag 
before they are 
searched, to be 
forfeited. 



mon wealth, and the other Moiety to the Use of the 
Informer or Informers, to be recovered by Action of 
Debt in the Court of Common Pleas in the County 
wherein the Offence shall be committed, or in the County 
where the said Informer or Informers, or either of them, 
may reside. 

A7id be it further enacted by the Authority aforesaid ^ 
That from and after the Tenth' Day of March One Thou- 
sand Seven Hundred and Eighty-one, all Persons belong- 
ing to any such Vessel, or bound to any Port in Possession 
of the Enemy on board the same, shall, if required, deliver 
to the said Naval-Officer, on Oath, all Letters and Packets 
sealed or unsealed, which they may respectively have in 
their Possession, to be by him examined and detained, if 
he shall judge it necessary. 

Aud be it further enacted by tlie Authority aforesaid, 
That from and after the Tenth Day of March Anno 
Domini One Thousand Seven Hundred and Eighty-one, 
every Vessel carrying a Flag, immediately on her Arrival 
at any Port Avithin this Commonwealth, from any Port in 
Possession of the Enemy, and before any Goods, Wares 
or Merchandize, or any Letters or Packets of a private 
Nature shall be taken from on board any such Vessel, 
she shall be searched l^y the Naval-Officer of the District 
where said Vessel may arrive ; and if any Goods, Wares 
or Merchandize shall be found on board any such Vessel, 
without Permission specially obtained from the General 
Court, the same shall be seized by the said Naval-Officer, 
and forfeited to the Use of said Commonwealth : And all 
Persons who may arrive in any such Vessel as aforesaid, 
shall, if required, deliver on Oath to the said Naval- 
Officer, all Letters and Packets as aforesaid, to be by 
him examined, and detained if he shall think proper. 
And all Naval-Officers within this Commonwealth, are 
hereby authorised and impowered to administer the 
proper Oaths to all Persons of the above Desci'iption. 
And if any Person or Persons shall land or take from on 
board any such Vessel, before she shall be duly searched 
as aforesaid, any Goods, Wares and Merchandize, unless 
by Permission from the General Court, he or they so 
offending, shall forfeit all such Goods, Wares and Mer- 
chandize so landed or taken from on board such Vessel, 
to the Use of this Commonwealth ; and also a Sum not 
exceeding double the Value of such Goods, &c. nor less 



1780. — Chapter 24. • ' 57 

than the Vahie thereof; one Moiety to the Informer or 
Informers, and the other Moiety to the Use of said Com- 
monwealth, to be recovered by Action of Debt in any 
County in which such Offence shall be committed, or in 
such County in which the Informer or Informers, or either 
of them may reside ; and in Case any Person or Persons in case — 
shall take from on board any such Vessel any Letters or 
Packets of a private Xature, prior to her being searched 
as aforesaid, he or the}^ so offending-, shall respectively 
forfeit and pay a Sum not exceeding One Hundred 
Pounds, nor less than Twenty Pounds, to be recovered 
and appropriated in Manner as is provided in the next 
preceeding Clause. 

And he it further enacted by the Authority aforesaid. 
That if any Person or Persons shall, from and after the Persons import- 
Tenth Day of March Anno Domini One Thousand Seven from any piace 
Hundred and Eighty-one, import into this Commonwealth, IbJEn^e^my^^o"* 
hj Land or by Water, any Goods, Wares or ^Merchandize, Goods &c'!^ 
from any Port or Place in Possession of the Enemy, with- 
out special Permission obtained from the General Court, 
he or they so offending, shall forfeit all such Goods, &c. so 
imported, to the Use of said Commonwealth, and also a 
Sum not exceeding dou])le the Value of such Goods, &c. 
nor less than the Value of the same ; one Moiety thereof 
to the Use of the Informer or Informers, and the other 
Moiety to the Use of this Commonwealth, to be recov- 
ered as aforesaid. 

And he it further enacted hy the Authority aforemid, 
That if any Person or Persons shall export from this Com- Persons export- 
monwealth after the First Day of March Anno Domini '"ly p'la°ce^n° 
One Thousand Seven Hundred and Eighty-one, to any JhTKnemy°to 
Port or Place in Possession of the Enemy, any Goods, forfeit treble the 

-\ r 1 T -Tk • • 1 1 T-» • • Value of said 

Wares, Merchandize or Provisions, unless by Permission Goods, &c. 
specially obtained from the General Court for that Pur- 
pose, he or they so offending, .shall respectively forfeit a 
Sum not exceeding treble the Value of such Goods, &c. 
so exported. Two-Thirds of which shall be to the Use of 
this Commonwealth, and One-Third thereof to the Use of 
the Informer or Informers, to be recovered in Manner as 
is before provided. 

And he it further enacted hy the Authority aforesaid, 
That all Naval-Officers within this Commonwealth be, and ^'avai officers 

, 1 • 1 1 . 1 empowered to 

they are hereby authorised and impowered to prosecute Prosecute. 
for the Forfeiture of all Goods, &c. seized by them within 



58 



1780. — Chapter 24. 



Appeals al. 
lowed. 



Naval Officers 
empowered to 
command Aid 
to assist them 
in doing their 
Duty. '^ 



Persons refus- 
ing — Penalty. 



Defendants to 
have Liberty to 
plead the Gen- 
erallssue. 



In all such Cases 
where the Value 
of (jroods cannot 
be determined 



Naval Officers 
authorised to 
appoint Depu- 
ties 



To be Sworn. 



their several Districts, in Pursuance of this Act, in the 
Maritime Court of such District wherein such Goods, &c. 
shall be seized as aforesaid, by filing a Libel in said Court, 
the Justice of which shall be tried in like INIanner as Mari- 
time Causes are or may be triable in the same ; said Libel 
to be filed at least Twenty Days before the Trial ; and 
Appeals allowed to the Supreme Judicial Court as is pro- 
vided in Maritime Causes. 

jind he it furtlier enacted by the A.id1iority aforesaid, 
That all Naval-Officers within this Commonwealth be, and 
they are hereby authorised and empowered to command 
the Aid of such and so many of the Su1)jects of this Com- 
monwealth within their Districts respectively, as they shall 
judge necessary (by Night or by Day) to assist them in 
doing the Duties assigned them by this Act ; and if any 
Person or Persons shall neglect or refuse to aid or assist 
the said Naval-Officers within their respective Districts, 
being by them thereto required, he or they so ofi'ending, 
shall forfeit and pay a Sum not exceeding Twenti/ nor 
less than Five Pounds; one Moiety thereof to the Informer, 
and the other Moiety to the Use of this Commonwealth, 
to be recovered by Indictment in any Court proper to try 
the same. 

And he it furtJter enacted h;j the Authority aforesaid. 
That in all actions brought in Pursuance of this Act, the 
Defendant or Defendants shall be at Liberty to plead the 
General Issue, and give an}^ special ]\Iatter in Evidence 
under the same. 

WlLereas in many Instances it may he difficult, if not 
impracticable, to determine the Value of Goods, Wares or 
Merchandize, ivhich may, contrary to this Act, he exported 
to any Port or Place helonging to the Enemy : Therefore, 

Be it further enacted hy the Authority aforesaid. That 
in all such Cases the Person or Persons concerned in such 
Exportation, shall, in Lieu of all other Forfeitures in this 
Act beforementioned, severally forfeit a Sum not exceed- 
ing Ten Thousand Pounds, nor less than Three Hundred 
Pounds, to be recovered and disposed of in Manner 
aforesaid. 

And he it further enacted hy the Authority aforesaid, 
That the several Naval-Officers within this Commonwealth 
be, and hereby are authorised to appoint one or more 
Deputies, for the Purpose of searching such Vessels as 
are referred to in this Act, who shall be severally sworn 



1780. — Chapter 25. 59 

to the faithful Discharge of their Trust, and shall be sever- 
ally vested with all the Authority granted by this Act to 
the Naval-Officers, so far as relates to searching Vessels 
and seizing Goods, and examinino- Papers aforesaid. 

March 3, 1781. 

1780. — Chapter 35. 

[January Session, ch. 26.] 

AN ACT TO REGULATE THE SALE OF GOODS AT PUBLIC VENDUE, (JhttV 25 
AND TO LIMIT THE NUMBER OF AUCTIONEERS. ^' 

WTiereas the JSfumher of Auctioneers or Vendue- Masters, Preamble. 
Jias greatly increased in the Toiun of Boston and other 
principal Towns in this Commonwealth, and great Incon- 
veniences, Losses and Damages have arisen to the JPuhlic 
for Want of suitable Persons lice)tced under proper Re- 
strictions, to sell Goods at Vendue: And as the selling 
them in the Evening has a great Tendency to corrupt the 
Morals of Youth, and affords Opportunities for many 
Frauds: And lohereas a Revenue might arise to the 
Commonwealth from Vendues properly regidated : 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and hy the Authority 
of the same, That no Person or Persons, from and after persons unless 
the Tenth Day of March One Thousand Seven Hundred seSen^'to^' 
and Eighty-one, unless they be licenced by the Selectmen Aucuon."*^'**^ 
or the major Part of them, of the Town to which they 
belong, shall sell at Public Vendue, Auction or Outcry, 
any Goods, Chattels, Wares, Merchandizes or Eflects 
whatsoever, upon the Penalty of Two Hundred Pounds Penalty. 
for each Offence : And that the Selectmen, or the major selectmen em- 
Part of them, at a Meeting called for that Purpose, be, ncerce^suuabie 
and they are hereby impowered from Time to Time, by p^''^^'^^,— 
Writing under their Hands, to licence some suitable' 
Person or Persons for that Purpose, not exceeding the 
Number of Six in the Town of Boston, and Four in any Number 
other Town within this Commonwealth, nor for any Term ie'^lral Towns. 
of Time exceeding one Year from the Day of granting 
such Licence ; for which Licence the Person receiving Persons licenced 
the same, shall pay to the Use of the Selectmen granting shfmngsTn^^ 
it, the Sum of Twelve Shillings in Specie. And the ^p^'^'^- 
Selectmen are hereby directed to record every Licence 
they may so grant ; and as soon as may be, inform the 



60 



1780. — Chapter 25. 



Personslicenced 
not to receive 
Goods of any 
Servant or 
Minor. 



Penalty. 

Personslicenced 
to keep a partic- 
ular Account of 
Goods sold. 

Proviso. 



Auctioneers 
licenced to ren- 
der an Account 
every Six 
Months upon 
Oath, the 
Amount of 
Goods, &c. sold, 
to the Treas- 
urer, and pay 1 
per Ct. upon all 
such Goods, 
&c. 



Auctioneers to 
be under 
Bonds. 



Treasurer of this Commonwealth of the Person or Per- 
sons so licenced. 

And be itfu7iher enacted, That no Person thus licenced, 
shall receive Goods for Sale of any Servant or Minor, 
neither shall he be allowed to vend any of his Goods by 
Public Auction but from Sun-rising to Sun-setting, upon 
the Penalty of Fifty Pounds for each Oifence. And that 
every Person thus licenced, shall keep a fair and par- 
ticular Account of all the Goods sold, of whom received, 
aqd of the Names of the Persons to whom said Goods 
shall be sold. Provided, nothing in this Act shall extend, 
or be construed to extend, to hinder Sheriffs, Deputy- 
Sheriffs, Constables, Coroners, Executors or Adminis- 
trators, or any other Person who already is or may 
herea/ter be specially authorised or required, by any 
Act or Order of the General Court of this Common- 
wealth, or by the Supreme Judicial Court, to sell Goods, 
Chatties or Lands, by Vendue. 

Provided also, and be it further enacted, That no 
Licence granted by any Selectmen for the Purpose afore- 
said, shall be of any Effect to exempt or excuse any 
Person from the Penalty of this Act " for selling at 
Vendue without Licence," unless such Licence shall have 
been made and granted within one Year next preceeding 
such Sale. 

And be it further enacted, That every Selectman who 
shall sign or consent to the granting any such Licence 
for any greater or longer Time than the Time prescribed 
by this Act, shall forfeit and pay the Sum oi Fifty Pounds 
to any Person who shall sue for the same. 

And be it further enacted. That the Auctioneers licenced 
as aforesaid, shall, once in every Six Months, render an 
Account, upon Oath, of the Amount of all the Goods, 
Wares, Merchandize, &c. then sold as aforesaid, to the 
Treasurer of this Commonwealth, who shall, on Suspicion 
of any Fraud, inspect the Books of said Auctioneers, 
and pay to him, the said Treasurer, for the Use of this 
Commonwealth, One per Cent, upon all such Goods, 
AVares and Merchandize then sold as aforesaid : And 
said Auctioneers shall be under Bonds to the Treasurer 
of this Commonwealth of One Thousa)id Pounds, with 
Two sufficient Sureties, for the faithful Performance of 
their Trust : And that they will also exhibit their Ac- 
counts regularly, as is provided in this Act ; said Bonds 



1780. — Chapter 26. 61 

to be lodged with the Selectmen, who may grant any 

Licence as aforesaid at the Time of granting the same ; 

which Bonds said Selectmen are directed to transmit to 

the Treasurer of this Commonwealth, within Sixty Days 

after they are possessed thereof. And the Treasurer Treasurer 

aforesaid shall, on the First Week of every other Session AucUoneeV^ 

of the General Court, or once in Six Months, lay such thVcluru"^""'' 

Auctioneers Accounts before the Court for their Perusal, 

in order that the Revenues arising from such Auction, 

may be appropriated for the Use of the Commonwealth. 

And he it further enacted, That all Fines, Forfeitures or Fines, &c. how 
Penalties, mentioned in this Act, are to be considered in '■*"'°^®'' 
Gold and Silver, or Bills of Credit equivalent, and may 
be recovered by Action of Debt in any Court of Record 
})roper to try the same : The said Fines or Forfeitures to 
be to the Use of the Person who shall sue for the same. 

This Act to continue and be in Force for the Space of 
two Years, and no longer. 3Iarch 7, 1781. 



1780. — Chapter 36. 

[April Session, ch. 1.] 

AN ACT IMPOWERING SELECTMEN TO CALL TOWN-MEETINGS (JJiaj). 26 
FOR THE CHOICE OF REPRESENTATIVES. ^' 

WTiereas hy the Constitution or Frame of Governineut Preamble. 
of this Commonwealth, Chapter First, Section Third, 
Article Fifth, it is declared, " That the Members of the 
House of Rejiresentatives shall be chosen Annually, in the 
Month q/'lNIay, ten Days at least before the last Wednes- 
day of that Month;" but no Provision is made for con- 
vening the Voters, for reyulating the Meetings, or for 
making Returns of the Persons elected: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same. That the Selectmen for the Time selectmen of 
being, or the major Part of them, in each and every ToVnriL^this 
Town, authorised to chuse a Representative in this Com- authSd to"^ 
mon wealth, be, and they are hereby impowered and '^^^^^^l^'^^^^^' 
directed to cause the Inhabitants of their Towns respec- ^g'^gjj'f^j°^g^®P- 
tively, qualified according to the Constitution, to be Annually. 
annually warned in due Course of Law, to meet at such 
Time and Place as they shall appoint, (being ten Days 
at least before the said last Wednesday in May,) for the 
Purpose of choosing one or more Representatives agree- 



62 



1780. — Chapter 27. 



Selectmen to 
preside at said 
Meetings, and 
make return 
unto the Secre- 
tary's Office, 
on the last 
Wednesday in 
May. 



Form of the 
Return. 



able to said Constitution ; and said Selectmen shall preside 
at and regulate said Meeting, and cause the Person or 
Persons so chosen by the major Part of the Voters pres- 
ent, to be notified of said Choice, as soon as may be, by 
a Constable of said Town, and they shall make Return 
thereof into the Secretary's Office on or before the said 
last Wednesday in May annually, in Form following, viz. 
Pursuant to a Law of this Commonwealth, the Free- 
holders and other Inhabitants of the Town of 
qualified according to the Constitution, upon due Warn- 
ing given, met together the Day of and then 
did elect to Represent them in the General Court 
appointed to be convened and held for the Government's 
Service at the State House in Boston, or such other Place 
as may hereafter be appointed for the General Court to 
convene at, agreeable to the Constitution, upon the last 
Wednesday oi May, the said Person being chosen by the 
major Part of the Electors present at said Meeting. 
Dated in aforesaid, the Day of in 
the Year of our Lord and in the Year of the 
Independence 'of the United States of America. 

^ Selectmen of 

The Person chosen as aforesaid was notified thereof 
and summoned to attend by me, -. 

> Constable of 



Penalty for 
neglect of Duty, 



Be it further enacted. That any Selectmen or Constable 
neglecting his Duty as herein described, or any Part 
thereof, shall for each neglect forfeit and pay the Sum 
of Ten Pounds, to be recovered in an Action of Debt 
before any Court proper to try the same ; which Sum 
shall be for the Benefit of the Person suing for the 
same. April 20, 1781. 



Chap 



Preamble. 



1780. — Chapter 27. 

[April Session, ch. 2.] 

27 AN ACT FOR INCORPORATING THE SECOND PRECINCT OF THE 
TOWN OF LANCASTER INTO A TOWN, BY THE NAME OF 
STERLING. 

Wliereas from the extended Situation and an increased 
Popidation of the Town of Lancaster, many Difficulties 
and Inconveniences have ariseri to the Inhabitants of 



1780. — Chapter 27. 63 

said Town: And whereas the Inhabitants thereof have 
Petitioned this Court, and earnestly requested that the 
second Precinct of said Town may be incorporated into 
a Town: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, That the said Second Precinct Boundaries. 
of Lancaster, in the County of Woixester, bounded as 
follows, viz. Beginning upon the Southeast Corner of 
Leominster; and from thence to run a Line East Twenty- 
one Degrees South one Hundred and Sixty Perch ; and 
from thence to run South Eight Degrees West, two 
Miles and an Half and Twenty Perch ; which Distance 
will be due West from Jonas Fairbanhs^ House ; and 
from thence to run vSouth Eighteen Degrees West to a 
certain Place called The Foot of the Scar, and extending 
on said Line until it shall strike the Line of the Town 
of Shreicsbury , be, and hereby is erected into a Town 
by the Name of Sterling; and that the Inhabitants 
thereof l)e and they hereby are invested with all the 
Powers, Privileges and Immunities which the Inhabitants 
of Towns within this Commonwealth do or may by Law 
enjoy. 

Provided, That the Inhabitants of said Sterling shall Proviso. 
pay their Proportion of the several Taxes already assessed 
upon them by the said Town of Lancaster. 

And it is further enacted , That the several Poor, now The support of 
supported by the said Town of Lancaster, be equally mvided."^ '° "^^ 
divided and supported between and by the said Towns 
of Lancaster and Sterling. 

And be it further enacted. That all the Town Stock |j'^«°^*1'«tow'i 
now belonging to said Town of Lancaster, be equally 
divided between said Towns of Lancaster and Sterling. 

And be it further enacted, That Josiah Wilder, Esq ; Josiah wiider, 
be, and he is hereby empowered and directed to issue ars^Meettng. 
his Warrant to some principal Inhabitant of said Town 
oi Sterling, requiring him to Warn the Inhabitants thereof 
to meet at such Time and Place as shall be therein set 
forth, to choose all such Officers as Towns are by Law 
required to choose in the Month of March Annually ; 
at which Meeting all the Male Inhabitants present, which 
are of the Age of Twenty-one Years or upwards, and 
Free, shall be admitted to Vote. April 25, 1781. 



64 1780. — Chapteks 28, 29. 

1780. — Chapter 38. 

[April Seesion, ch. 3.] 

ChaV 28 ^^ ^^"^ ^^ AMENDMENT OF AN ACT MADE AND PASSED THE 
^ ' LAST SESSION OF THE GENERAL COURT, INTITLED, "AN ACT 

FOR INSTITUTING A LOTTERY FOR THE SOLE PURPOSE OF 
CLOATHING THE MASSACHUSETTS LINE OF THE CONTI- 
NENTAL ARMY." 

Preamble. WJiereas the Scheme of a Lottery granted at the last 

Session of the General Court, does not appear calcidated 
to promote an expeditious Sale of the Ticl-ets: 

Be it enacted by the Senate and House of Representatives 

in General Court assembled, and by the AutJiority of the 

The Managers same. That it be left to the Discretion of the Managers 

to their best appointed in the Act aforesaid to adopt such Scheme or 

DiBcretion. Schcuies in conducting the aforesaid Lottery as to them 

shall appear most conducive to the Public Service. 

April 25, 1781. 

1780. — Chapter 29. 

[April Seesion, ch. 4.] 

Chan 29 ^^ ^^^ ^^^ setting off samuel park, and others, from 
-f ■ * the town of hopkintox, and annexing them to the 
town of holliston. 

Preamble. Whereas it appears to this Court to be reasonable, and 

most convenient and necessary. That Samuel Park, Jona- 
than Eames, William Eames, Daniel Eames, and Hope- 
still Eames, icith their Estates, including the Tract of 
Land hereafter described, viz. Beginning at a Great Rock 
with Stones upon it, a Boundary betv:een the Toion of 
Hopkinton and the Town of Holliston, on the Westerly 
Side of Parker's Farm; thence running 2^ortherly on the 
Line of said Farm, to a White Oak Tree; from, thence 
continuing on the Line of said Farm between the Lands 
o/Jedediah Haven and Amariah Haven, and the Lands of 
the Heirs of Jonathan Eames, deceased, and the Heii's of 
Daniel Eames, deceased, to Cold Spring Brook; thence 
North-easterly as the Brook runs to Holliston Line; 
thence Southerly and Westerly on Holliston Line, to the 
Rock first mentioned; so as to include the Whole of that 
Part of Parker's Farm that now belongs to the said Town 
of Hopkinton luith their Inhabitants: 



1780. — Chapter 30. 65 

Be it therefore enacted by the Senate and House of 
Representatives in General Court asseinbled, and by the 
Authority of the same. That the aforesaid Samuel Park, |a"k°lnd^^' 
Jonathan Eames, William Eames, Daniel Eames, and other's^ with 

^ ' ^ tQ6ir £jSt^t6B to 

Hojiest ill Eames, with their Estates, including the Tract the Town of 
of Land above described, be, and they hereby are set off 
from the Town of JIo2)kinton and incorporated with the 
Town of HoJliston ; and shall forever hereafter be consid- 
ered as belonging thereto. 

Provided nevertheless, That the Persons abovemen- Proviso. 
tioned shall pay their proportionable Part of all Taxes 
which are already assessed and levied on the Town of 
Uopkinton ; any Thing in this Act to the contrary not- 
withstanding. 

Provided also, and be it further enacted by the Authority Provieo. 
aforesaid, That the Amount of the Estates aforesaid, and 
the Number of Polls residing thereon, as returned by the 
Assessors of the said Town of Hophinton in the present 
Valuation, be deducted from the Return made by the said 
Assessors ; . and annexed to the Return made by the 
Assessors of the said Town of Uolliston. 

April 28, 1781. 



1780. — Chapter 30. 

[April Session, ch. 5.] 



Chcqj. 30 



AN ACT IN ADDITION TO AN ACT MADE AND PASSED AT THE 
LAST SESSION OF THE GENERAL COURT, INTITLED, "AN ACT 
TO REGULATE THE SALE OF GOODS AT PUBLIC VENDUE, AND 
TO LIMIT THE NUMBER OF AUCTIONEERS." 

Whereas the Ijimitation of the Number of Auctioneers Preamble. 
in the several Towns within this Commonivealth by the Act 
aforesaid is found inexpedient: 

Be it enacted by the Senate and House of Representatives 
in General Court assembled, and by the Authority of the 
same. That the Restriction in the said Act as to the The Restriction 
Number of Auctioneers to be licenced be, and hereby Number^f/^'' 
is taken off; and that the Selectmen in the several Towns ^V.^'j''„°J*'''^ 
within this Commonwealth be, and they hereby are 
authorised to licence as many Persons to be Auctioneers 
within the said Towns respectively, as to them may seem 
best, having strict Regard to the Qualifications in the said 
Act required. April 28, 1781. 



taken off. 



66 



1780. — Chapter 31. 



1780. — Chapter 31. 



Chaj). 



Preamble. 



When Timber 
shall be left 
upon any im- 
proved Land — 
the Owner to 
record the same. 



Intitled to 
Damage. 



[April Session, eh. 6.] 

3]^ AN ACT TO PREVENT DAMAGES BEING DONE UPON THE IM- 
PROVED LANDS ADJOINING TO CONNECTICUT RIVER, BY 
REASON OF TIMBER ^EING LEFT THEREON, BY THE SPRING 
FLOODS; AND FOR FIXING A TIME FOR THE OWNERS TO 
REMOVE IT. 

Whereas considei^able Damages have been sustained by 
Reason of Timber being left upon the improved Lands 
adjoining to Connecticut River, within this Gommon- 
wealth : 

Be it therefore enacted by the Senate and House of 
Representatives in General Gourt asseinbled, and by the 
Authority of the same. That where any Timber shall be 
left upon any improved Land adjoining to Gonnecticut 
River by the Spring Floods, all Islands, in the River 
excepted, the Owner of the Land upon which the Timber 
is left, in that Case he shall cause to be recorded in the 
Book of Records within the same Town the Marks and 
Length of such Timber and the Place where it is so left 
by the Flood, shall be entitled to one Shilling as a rea- 
sonable Damage he may sustain for each Stick of Timber 
so left on his Land tivo Pence of which to be given to 
the Town Clerk for recording, who is hereby directed to 
record the same. 

Provided nevertheless. If the Owner of the Timber 
shall cause it to be removed by the Fifteenth of 3fay next 
succeeding after such Timber is left by the Flood, no 
Consideration shall be allowed to the Owner of the Land 
for any Damage. 

And be it further enacted by the Authority aforesaid. 
That if the Owners of such Timber shall not cause it to 
be removed within Twelve Months from the Date of the 
Record, in that Case the same shall be adjudged to be 
the Property of the Owner of the Land. 

April 28, 1781. 



1780. — Chapter 32. 67 

1780. — Chapter 32, 

[April SeBsion, ch. 7.] 



ACT, INTITLED, "AN ACT FOR (J/ian. 32 

;e and illegal correspond- ^ ' 



AN act in addition TO AN 

preventing all commerce 

ence with the enemies of the united states of 

AMERICA." 

Whereas the Evils intended to he remedied hy said Act Preamble. 
in Part still continue, and more effectual Provision is neces- 
sary to prevent the same: 

Be it enacted hy the Senate and House of Pepresenta- 
tives in General C'ouy^t assemhled, and hy the Authority of 
the same, That any Goods, Wares or Merchandize cap- Goods, wares, 
tured or seized on board any Vessel on the High Seas, imported* to be 
or within any Port, Harbour or Creek, or on the Land geihei-^^iui" aii 
within this Commonwealth, for havino; been illeofally im- X'^'?*®rf '""''^ 

. , 1 , ^T~» T-» their Cargoes. 

ported, or that were mtended by any Person or Persons 
to have been so imported from any Port or Place under 
the Dominion of the King of Great-Britain, all such 
Goods, Wares and Merchandize, together with all such 
Vessels and their Cargoes, shall be forfeited to the Use 
of any Person or Persons who shall capture or seize the 
same ; any Thing to the contrary in the aforesaid Act 
notwithstanding. 

And he it further enacted hy the Authority aforesaid, 
That if any Seizure or Capture has already been made for Goods adjudged 
the Breach of the aforesaid Act, or any other Act of this tL sar^e fo be' 
Commonwealth, or Kesolve of Congress, of any Vessel,, condemned. 
Goods, Wares and Merchandizes, which shall be adjudged 
to be Forfeit, the same shall be condemned to the Use of 
any Person or Persons who have captured or seized the 
same. 

And he it enacted hy the Authority aforesaid, That all Fines and Pen- 

^ ^ J J J 1 /^ allies iiTiposed 

lines and Penalties imposed by said Act upon the Owner upon the 
or Owners, Importer or Importers of illicit Goods into iiiicit Goods' to 
this Commonwealth, from any Port or Place under the by The Attorney 
Dominion of the King of Great- Britain, shall be prose- ^^uerai. 
cuted for by the Attorney General for the Use of this 
Commonwealth ; any Clause in the aforesaid Act to the 
contrary notwithstanding. 

And ichereas hy the Devices of Wicked Persons, it may 
in many Cases he difficult to procure evidence that such 
Goods, Wares and Merchandize, thcd may he /Seized, as 



68 



1780. — Chapter 33. 



When Captures 
of any Vessels, 
&(;. are made & 
there are 
Grounds of 
Suspicion of 
illegal Importa- 
tion, the 
Claimants to 
give satisfactory 
Evidence 



And on failure 
thereof the 
same to be for- 
ftnted & con- 
demned in 
the Marritime 
Court. 



having been illegally Imported into this Commonwealth, or 
ivere so intended to be Imported: 

Be it enacted by the Authority aforesaid, That when 
any Capture or Seizure shall be made as aforesaid on the 
Land, or within any Bay, Harbour, or Creek within this 
Commonwealth, or within five Leagues of the Shores of 
this or any of the United States of America, of any 
Vessels,, Goods, AVares or Merchandize that shall be 
brought into this Commonwealth, or that shall be found 
within the same, or that shall be intended to be illegally 
Imported into the same, in all such cases if it shall appear 
to the Court who shall try the Cause, that there is just 
Grounds of Suspicion that the same were illegally Im- 
ported, or intended by any Person or Persons to have 
been so imported into this or any of the United States 
of America, the Claimant or Claimants of such Vessel or 
Vessels, Goods, Wares or INIerchandize, shall be held to 
give satisfactory Evidence that the same were not illegally 
Imported or intended to have been so Imported into this 
or any of the United States of America, and on Failure 
thereof, the same shall be Forfeited and Condemned in 
the JVIaritime Court of the District into which they may 
have been brought or hereafter shall be found. 

And be it further enacted by the Authority aforesaid. 
That all Vessels Goods, Wares or Merchandize, that may 
hereafter be seized or taken, and are made liable to For- 
feiture by any Resolve of Congress, .shall be deemed and 
taken to be forfeited in like Manner as if made liable by 
any Act of this Commonwealth. May 1, 1781. 



1780. — Chapter 33. 



Cha]) 



Preamble. 



[April Session, ch. 8.] 

33 AN ACT IMPOWERING THE SUPERINTENDANT OF PURCHASES 
OF BEEF, &c. TO ISSUE HIS EXECUTIONS AGAINST THE 
TREASURERS OF THE TOWNS DELINQUENT IN FURNISHING 
THE ARTICLE OF BEEF. 

Whereas it is necessary that the Superintendant of Pur- 
chases of Beef , &c. be aidhorised and empowered to issue 
his Executions against the Treasurers of such Toxons and 
Plantcdions as shall neglect or refuse to comply icith the 
several Requisitions of the General Court for furnishing 
Beef for the Continentcd Army : 



1780. — Chapter 34 69 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, That Oliver Plielps, Esq ; Superin- qiiver Pheips, 
tendiint of Purchases of Beef, &c. be, and he hereby is J^mikntTr'"' 
authorised and empowered to issue his Executions against jieef'^ainhodsed 
the Treasurer, or (if there be no Treasurer) aaainst some to'ssuehis 

iTii- • 1 m Executiona 

principal Inhabitant oi each and every Town and Plan- against Treas- 
tation within this Commonwealth, that shall not on or "hat ehaii uol"^ 
before the Thirtieth Day of May Current, fully comply aotWay" '*"" 
with the several Resolves of the General Court for fur- aesoivlsloV*'^ 
nishing Beef for the Continental Army. fiiniishing 

And be it furtJier enacted by tlie Authority aforesaid, 
That the Sherifls within the several Counties be, and sheriffs author- 

11 I'liT 11 T-t ised to levy 

hereby are authorised and directed to levy such Execu- Executions. 
tions in the same Manner and Form as they are by Law 
directed to levy Executions from the Treasurer of this 
Commonwealth against delinquent Constables or Col- 
lectors. May 1, 1781. 



E PRESER- Chap. 34 

3 STREAMS -^ 



1780. — Chapter 34. 

[April Session, ch. 10.] 

AN ACT TO PROVIDE MORE EFFECTUALLY FOR THE 
VATION OF THE FISH CALLED ALEWIVES, IN THE 
RUNNING INTO MERRIMACK-MIYEU, WITHIN THE TOWN OF 
AN DOVER. 

WJiereas it is found that the Latvs already made are not Preamble. 
sufficient to prevent the Destruction of the Fish ccdled AJe- 
wives, in the Streams imtliin the Town of Andover, ivhicli 
run into Merrimack Hirer: 

Be it enacted by the Senate and House of Represen- 
tatives in General Court assembled, and by the Authority 
of the same. That an Act made in the Year of our Lord ?^*''"^'"?,?" , 

rrvi 1 TT11 lo- r' • • ^ -i -Act passed li 65 

one Ihousand seven Hundred and bixty-nve, intitled, to the streams 
" An Act for preventing the unnecessary Destruction of Men'inf«ci£ 
Alewives and other Fish within this Province," be, and it ^'^°'' 
is hereby extended to the Streams herein beforementioned. 
And the Selectmen of the Town of Andover are hereby Selectmen of 
impowered to determine what Number of Barrels of said empowered to 
Fish may be caught for Market, and to let out the same Numberrof'' 
in Manner as in said Act is prescribed, at any Time in the Atewives^shaii 
Months of April and May annually, as well as in the be caught. 
Month of March therein specified. 



70 



1780. — Chapter 34. 



Time fixed for 
ciitchiug of said 
FJBh. 



Penalty. 



The Oath of 
any Town 
Officer chosen 
for this Pur- 
pi'se to be 
received as 
Butlicient Evi- 
dence 



Oflicers 
empowered to 
seize Fish takt n 
at any Time or 
Place prohib- 
ited. 



Warrant to be 
granted by a 
.(uslice of tlie 
Peace upon 
Suspicion — 



The Officer to 
notify the 
Seizure. 



Where no 
Claimants 
appear, the 
Fish to be for- 
feited. 

When ClairacH 
do appear. 



In which Case 



And be it further enacted by the Authority aforesaid^ 
That if any Person shall catch, or shall attempt to catch 
any of the before mentioned Fish, in any Fart of the 
Streams herein before recited at any Time between the 
Hours of Eight in the Evening and Five in the Morning, 
every Person so offending shall forfeit the Sum of not less 
than Twenty Shillings, nor more than Three Pounds for 
every Ofience. And the Oath of any Officer chosen at 
the Annual Meeting in March to see that the Passage 
Ways for Fish are kept open, testifying any Fact that 
may be considered as a Violation of this or any former 
Act of the General Court made for the Preservation of 
Fish, shall be received as sufficient P^vidence of the same. 

And be it further enacted by the Authority aforesaid, 
That each and every of the Officers aforesaid be, and he 
is hereby irapowered to make search for, and to seize any 
Parcel of said Fish which he has Reason to suspect were 
taken at any Time or Place or in any AVay by Law pro- 
hibited : And if any such Officer shall have Eeason to 
suspect that any of said Fish so taken are secreted under 
Lock, or in any other Way, he is hereby impowered in 
Obedience to a Warrant, (which any Justice of the Peace 
in the same County is impowered to grant,) on Applica- 
tion therefor from such Officer, to l)reak open such Lock 
or other Obstruction, in the Day Time, and having seized 
said Fish, to take them into his Custody; and the same 
Officer shall give public Notice of such Seizure, by post- 
ing an Advertisement of the same at the public House 
nearest to the Place where such Seizure was made ; and 
if no Person shall appear to said Officer to claim said 
Fish, within Tw^enty-four Hours after posting said Adver- 
tisement, such Fish, and any Cask in which they may 
be packed, shall be forfeited. And if any Person shall 
appear as aforesaid to claim said Fish, then the said 
Officer shall require the Claimer to appear before some 
Ju.stice of the Peace of the same County, who shall hear 
and determine the Cause, except the A^alue of the Fish 
seized exceed the sum of Forty Sh tilings, in which Case 
he shall require the said Claimer or Claimers to recognize, 
to appear before the next Court of General Sessions of the 
Peace for the same County ; and if sufficient Evidence be 
not offered to satisfy the Justice or the Court, that the 
Fish so seized were taken at some other Time and Place, 
and for some other Purpose than b}' Law is prohibited, 



1780. — Chapter 35. 71 

then the said Fish and any Cask in which they may be 
packed, shall be Forfeited ; and all Fish that shall be For- 
feited in Consequence of this Act, shall be sold by the 
Officer who seized them ; and all Forfeitures in Conse- Forfeitures to 
quence of this Act, after paying- Charges, shall enure one Tnure ^ ' 
Half to the said Officer, and the other Half to the Poor 
of the Town of Andover. 

And be it fiirlher enacted hy the Authority aforefiaid, 
That the Officers beforementioned be, and they hereby oracers impow- 
are impowered to require suitable Aid to enable them to Bi'iitaWeAid"^'^ 
execute their Office; and any Person who shall refuse or in Case of 
neglect to give Aid when thereto required as herein pro- ""^ "'*" ~ 
vided, he shall on Conviction thereof before any Justi(5e 
of the Peace of the same County, forfeit the Sum of Penalty. 
Three Pounds. 

This Act to continue and be in Force for the Space of Limitation. 
Four Years from the First Day of next JSTouember, and 
no longer. May 8, 1781. 



^ Chaj). 35 



1780. — Chapter 35. 

[April Session, ch. 12.] 

AN ACT FOR ERECTING THE NORTHERLY PART OF THE TOWN 
OF SnUTESBURV, AND THAT PART OF A TRACT OF LAN 

• CALLED ERVINGSHIRE, WHICH LIKS ON THE SOUTH SIDE OF 
MILLER'S RIVER, INTO A SEPARATE TOWN BY THE NAME 
OF WE y DELL. 

WJiereas the Inhabitants of the JSTortherly Part of the preamble. 
I'^own of Shutesbury, and that Part of a Tract of Land 
called Krvingshire, udiich lies on the South Side of Mil- 
ler's River, in the County of Hampshire, have represented 
to this Court the Dificulties they labour under in their 
present Situation; and apprehending themselves of suffi- 
cient Number and Ability, request that they may be incor- 
porated into a separate Town; 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same. That the Northerly Part of the 
Town of Shutesbury, and that Part of a Tract of Land 
called Ervingshire, which lies on the South Side of Mil- 
ler^s River, bounded as follows, viz. Beginning at the Boundaries. 
South Side of Miller's River, at the North-West Corner 
o^ John Ervihg, Esquire's Land, and from thence extend- 
ing South Fourteen Deirrees West Two Thousand and 



72 



1780. — Chapter 36. 



The Inhabitants 
of the Town of 
Wendell to jsay 
their Proportion 
of Charges 



Moses Gunn, 
Esq; required 
to call the first 
Meeting. 



One Hundred Rods, or until it comes in a direct Line 
Avith tlie South End of the Lots Number Two, Three, 
Seven, Nine, Twenty-six and Twenty-seven ; from thence 
running East on the South Line of said Lots One Thou- 
sand Three Hundred and Eleven Rods to JSFeio Salem 
Town Line ; thence running Northerly by N'ew Salem 
Line to Miller's River Two Thousand and Eighty-four 
Rods ; from thence by said River until it comes to the 
first-mentioned Bounds, be and hereby is incorporated 
into a separate Town, by the Name of Wendell, and in- 
vested with all the Powers, Privileges and Immunities 
that Towns in this State do or may enjoy. 

And he it farther enacted by the Authority aforesaid^ 
That the Inhabitants of the said Town of Wendell shall 
pay their Proportion of all State, County and Town 
Charges, already granted to be raised in the Town of 
Shuteshury ; and also their Proportion of the Pay of the 
Representative for the present Year. 

And he it also enacted hy the Authority aforesaid, That 
Moses Gunn, Esq ; be, and he hereby is authorised and 
required to issue his Warrant to one of the principal 
Inhabitants of said Town of Wendell, authorising and 
requiring him to notify and warn the Freeholders and 
other Inhabitants of the said Town, of the Age of 
Twenty-one Years, and free, to meet together at such 
Time and Place as shall be expressed in said Warrant, to 
choose such Officers as Towns are authorised by Law to 
choose, and transact other such lawful Matters as shall be 
expressed in said Warrant. And the Inhabitants of said 
Town, of the above Age and Description, shall be allowed 
to vote in said Meeting and all succeeding Town-Meetings, 
until a Valuation shall be taken by the Assessors thereof. 

May S, 1781. 



Chap 



Preamble. 



1780. — Chapter 36. 

[April Session, eh. 13.] 

^ 3(5 AN ACT FOR ALTERING THE NAME OF THOMAS JACKSON 
GREENWOOD, OF NEWTON, IN THE COUNTY OF MIDDLE- 
SEX, AND PERMITTING HIM TO TAKE THE NAME OF ALEX- 
ANDER SHEPARD. 

JVJiereas the said Thomas Jackson Greenwood, hy the 
Death of his natural Father was in Infancy left an 
Orphan, ivhose Education has been attended to hy Mr. 



1780. — Chapter 37. 73 

Alexander Shepard, who having no 8on, the said Thomas 
Jackson Greenwood, desires to take the JSTame of his 
Benefactor : 

Be it therefore enacted hu the Senate and House o/"rbomas jack. 
Itepresentatives in General Court assembled, and hu the allowed to take 

the Name of 

Authority of the same. That Thomas Jackson Greenivood Alexander 
be, and he hereby is alk)vved to take the Name of Alexan- ^"^^^ 
der Shepard, and on all and every Occasion hereafter to 
make the Name of Alexander Shejxcrd his proper Chris- 
tian and Sirname, and by that Name he shall be considered 
in all Processes and Records whatever. May 8, 1781. 



1780. — Chapter 37. 

[April Session, ch. 14.] 

AN ACT TO SET OFF A PART OF THE TOWN OF MURRAY FIELD, 
AND ANNEX IT TO THE TOWN OF NORWICH. 



Chap. 37 



Wliereas it appears tliat Abel Partridge, and others. Preamble. 
living on the Easterly Part of Murray lield, would he 
greatly accommodated hy heing set off from said Town of 
Murrayfield and annexed to the Toion of Norwich : 

Be it therefore enacted hy the Senate and House of 
Itepresentatives in General Court assembled, and hy the 
Authority of the same. That all that Part of the said Town Part of the 
of Murrayfield that lies Easterly of a direct Line from r^eift^be" 
the South West Corner of IngersolVs Grant, so called, to beSougiufio" 
the South West Corner of Chesterfield, with the Inhabi- the Town of 
tants thereon, shall forever hereafter be considered as 
belono-ino: to the Town of Norwich. 

Provided nevertheless. That the said Inhabitants shall Proviso. 
pay their proportional)le Part of all Taxes, and of the 
Men to 1)6 raised for the Continental Army which are 
already ordered by the General Court on said Town of 
Murrayfield ; any Thing in this Act to the contrary not- 
withstanding. 

Provided also, and he it further enacted hy the Authority 
aforesaid, That the Amount of the Estate contained on 
and in said Tract of Land, and the Polls thereon returned 
by the Assessors of the Town oi Murrayfield be deducted 
from the Return made by the said Assessors and added 
to the Return made by the Assessors of the Town of 
Norwich . May 8,1781. 



74: 



1780. — Chapter 38. 



1780. — Chapter 38. 



Chap. 38 



Preamble. 



Eoundaries. 



[April Session, ch. 15.] 

AN ACT FOR INCORPORATING THE PLANTATION CALLED CHES- 
TERFIELD-GORE, AND THE NORTHWARDLY PART OF THE 
TOWN OF CHESTERFIELD, IN THE COUNTY OF HAMPSHIRE,' 
INTO A TOWN BY THE NAME OF GOSHAN. 

WJiereas the Inhabitants of the Plantation called Che^- 
te,v^&\A-GiOVQ., formerly knoivn hy the Second Additional 
Grant made to Narmsjanset Toicnship Number Four, and 
those on the Northwardly Part of the first additional 
Grant to said Narraganset Townshij), noiv included in the 
Town of Chesterfield aforesaid have 7'epresenfed to this 
Court the great Difficulties and Inconveniencies they labour 
under in their present Situation, and have earnestly re- 
quested tJiat they be incorporated into a Town: 

Be it therefore enacted by the Senate and House of 
Representatives in General ('ourt assembled, and by the 
Authority of the same. The Phiiitation called Chesterfield 
Gore, and that Part of the First Additional Grant to 
Narraganset Township aforesaid, now included in the 
Town of Chesterfield, and bounded as followeth, viz. 
Beginning at the Southwest Corner of the said Second 
Additional Grant, or Chesterfield Gore; thence North 
bounding Westerly on unappropriated Lands Eight Hun- 
dred and Sixtj^-four Rods to Ashfield South Line ; thence 
East Nineteen Degrees South on said Ashfield South Line 
till it comes to Conway West Line ; thence South Nine- 
teen Degrees West on said Convmy AVest Line to a 
Bound formerly known by Hatfield Northwest Corner ; 
thence South Eleven Degrees West on Williamsburgh 
West Line to the Southeast Corner of the First Addi- 
tional Grant to said Narraganset Number Four ; thence 
West on the South Line of said Grant Six Hundred and 
Fifty-four Rods, including the Whole of the four Tier of 
the Original Lots on the said First Additional Grant ; 
thence North Eleven Degrees East on the West Line of 
the aforesaid four Tier of Original Lots, Four Hundred 
and Fifty Rods, to the Northwest Corner of the Original 
Lot Number Twenty-Nine ; thence West three Hundred 
and Twenty-six Rods to the Southwest Corner of Lot 
Number Ninety four, being the Northwest Corner of the 
Pine Timber Lot, so called ; thence North Eleven Degrees 



1780. — Chapter 39. 75 

East Four Hundred Rods to the South Line of the Second 
Additional Grant, or Cliesterfitld Gore; thence West to 
the first mentioned Bounds, be, and hereby is incorporated 
into a separate Town b_y the name of Goshan, with all the 
Powers, Privileges and Immunities that Towns within this 
Commonwealth have or do enjoy. 

And he it further enacted, That Jacob Skericin, Esq; j.sherwinEsq; 

, 1 1 1 • • 1 J • 1 • -\-|"^ 4. ^- impowered to 

be, and hereby is impowereci to issue nis Warrant to caii the First 
some principal Inhabitant of said Plantation, requiring ^<^'^i'°=- 
him to call a Meeting of said Inhabitants, in order to 
choose such Officers as by Law Towns are impowered to 
choose in the Month of March Annually 

Provided nevertheless. The Inhabitants of that Part of p™^''«°- 
the First Additional Grant which are included in the 
Town of Chesterfield, shall pay their proportionable Part 
of all such State and County Taxes, and Town Taxes, so 
far as respects the raising of Men and Supplies for the 
Continental Army as are already set upon them by the 
Town of Chesterfield, in like ]Manner as though this Act 
had not been made. May 14, 1781. 



1780. — Chapter 39. 

[April Session, ch. 16.] 

AN ACT TO EMPOWER THE TREASURER TO RECEIVE GOV (Jhaj). 39 
ERNMENT SECURITIES ON LOAN, TO THE AMOUNT OF ^ ' 

EIGHT HUNDRED THOUSAND POUNDS. 

Be it enacted hy the Senate and House of Representa. 
tives in General Court assembled, and by the Authority 
of the same. That the Treasurer of this Commonwealth J„7pXered to 
be, and he is hereby authorised and impowered to re- "-ceive into the 
ceive into the Treasury, all Government Securities, Government 
Certificates and Debts whatever, which are now due, or orLoan^tothe 
which shall become due within twelve Months from pass- gtjo^oooi' "* 
ing this Act, to the Amount oi Eight Hundred Thousand 
Pounds, and to issue Notes for the same on the Credit of 
this Commonwealth, payable as is herein provided. 

And be it further enacted. That Messieurs John Z)em- a committee 
ing, Peter Boyer, and Stephen Gorham, be, and they are adfust"ihe " 
hereby appointed a Committee for liquidating and adjust- per °o"n°8 to*"^ ^" 
ing the Accounts of all Persons to whom Government is ^e°™g^°''"'^* 
indebted on Contract for Vessels hired, or Articles sup- indebted. 
plied according to the Scale of Depreciation. And on 



76 1780. — Chaptek 39. 

a Certificate being given by said Committee under Hand 
and Seal to any Person, expressing the Smn in hard 
Money, or Paper equivalent, due to him from this Gov- 
ernment, the Treasurer is impowered to receive the same, 
or a Part thereof, and to issue his Note for the same as 
aforesaid. 
Treasurer j^j^cl be it fuvther enctcfed. That in consolidating the 

directed ^o , , '^ ' o 

allow annual Principal and Interest ot Government Securities, the 
in™rest"and to Trcasurcr bc, and he is hereby directed to allow annual 
Cent.^as^^'^'^ coiiipound Interest on the same, and to include in his 
Bounty. j^Ty^gg issucd by Vii'tue of this Act a further Sum of Four 

per Cent, as a Bounty to the Creditor for giving a further 
Pay-Day. 

And be it further enacted, That the first Interest on 
said Notes shall be paid in Nine Months from the Date 
thereof, and afterwards Annually until the Principal shall 
be paid, and both Principal and Interest shall be paid in 
Silver and Gold, or Bills of Credit as shall be promised 
in the Notes, and one Fourth Part of the Principal shall 
uiMnt"esr^^° be paid in each of the following Years, viz. Anno 
shall be paid. Doiuini ouc Thousaud seven Hundred and Eighty-five, 
Anno Domini one Thousand seven Hundred and Eighty- 
six, Anno Domini one Thousand seven Hundred and 
Eighty-seven, Anno Domini one Thousand seven Hundred 
and Eighty-eight. 
Tax to be levied jind be it further enacted, That there be and hereby 
Estates. is granted a Tax of Ekjht Hundred Thousand J^ounds 

Money, to be levied on the Polls and Estates within this 
Commonwealth, one Fourth Part of which to be paid 
into the Treasury of this Commonwealth on or before the 
First Day of December, in each of the Years before- 
mentioned respectively, each of said Sums to be levied 
according to such Rules and Proportions as shall be agreed 
upon and ordered by the General Court at their Session 
in June, in each of the Years aforesaid, and the Sum so 
granted shall be applied for the Payment of the Notes 
which shall be issued by Virtue of this Act. 

And be it further enacted. That if the General Court 
shall not sometime before the First Day of July in each 
of the Years beforementioned respectively, agree and 
conclude upon a Tax Act, apportioning the Sums to be 
paid in each beforementioned Year respectively, then and 
In Case— jjj sucli Case eacli Town and other Place in this Common- 
wealth, shall pay by a Tax to be levied on the Polls and 



1780. — Chapter 39. 77 

Estates within their respective Limits, the same Propor- 
tion of the said Sums as such Town or other Place was 
taxed by the General Court in the Tax next preceeding. 
And the Treasurer of this Commonwealth is hereby 
impowered and directed sometime in the Month of August 
in every such Year to issue and send forth his Warrants 
directed to the Selectmen or Assessors of such Town or 
other incorporated Place within this Commonwealth, or 
to some suitable Persons in such Places therein as are 
not incorporated, requiring them to assess the Polls and 
Estates within their Limits respectively, for the full Parts 
and Proportions of the Sums before directed and engaged 
to be assessed, to be paid into the Treasury on or before 
the First Day of December in such Year respectively. 
And the Assessors as also all Persons thereby assessed, 
shall observe, be governed by, and sul)ject to, all such 
Rules and Directions as shall have been given in the next 
preceeding Tax Act. 

Arid be it further enacted, That the Notes issued by Notes given, 
Virtue of this Act in Exchange for Government Secu- suverandGoid. 
rities given for Silver and Gold, shall be given payable in 
Silver and Gold, and the Treasurer shall issue Notes 
therefor in the first Form of a Note prescribed in the Act 
to suppl}^ the Treasury with the Sum of Four Hundred 
Thousand Pounds, for Payment of Gold and Silver, and 
all other Notes issued by Virtue of this Act in Exchange 
for any other Species of Debts whatever, shall be given 
in the second Form of a Note prescribed in said last 
mentioned Act for payment of Gold and Silver or Bills 
of Credit, &c. which Notes shall be procured by the 
Treasurer and Numbered and Signed as mentioned in 
said Act. 

And be it further enacted. That no Securities or Debts 
whatever of this Government shall be received, after 
passing this Act on Loan, in Consequence of the said 
Act to supply the Treasury with the Sum of Four 
Hundred Thousand Pounds, except the Officers and 
Soldiers Depreciation Notes which were payable the first 
of March last ; any Thing therein to the contrary notwith- 
standing. 

And be it further enacted. That the Treasurer issue no Treasurer to 
Notes for a less Sum than Ten Pounds. toTa ^"bs s°um 

May 15, 1781. t^^a" ten Pound 



78 



1780. — Chapter 40. 



1780. — Chapter 40. 



Chap. 



Preamble. 



Treasurer 
directed on the 
Credit of this 
Commonwealth 
to issue Notes 
to the Amount 
of 15,0001. 



[April Session, ch. 17.] 

40 AN ACT TO SUPPLY THE TREASURY WITH THE SUM OF 
FIFTEE.V THOUSAND POUNDS. 

Whereas it is necessary that immediate Provision he 
made to enable the Treasurer of this Commonwealth to pay 
to Jeremiah Wads worth, or Order, the Contents of an 
Order drawn April Fifteenth, one Thousand seven Hun- 
dred and Eighty, by the Honorable Congress on this 
State, with the Depreciation thereof: 

Be it therefore enacted by the Senate and House of 
Itepresentalives in General Court assembled, a)id by the 
Authority of the same, That the Treasurer of this Com- 
monwealth be, and he hereby is directed on the Credit 
thereof, to issue his Notes payable the First Day of May, 
Anno Domini one Thousand seven Hundred and Eighty- 
two, to draw Interest of Six per Cent, per Annum, not 
to exceed the Sum oi Fifteen Th ousaml Pounds ; and that 
the said Notes be of the Tenor and Form following, viz. 



Form of the 

Note. 



Commonwealth of Massachusetts. The Day of 1781. 

For Value received for the Use of the Commonwealth of 
Massachusetts, I do in Behalf of said Commonwealth, hereby 
promise and oblige iNIyself and Successors in the Office of 
Treasurer, to pay to the Possessor of this Note, the Sum of 
by the First Day of May one Thousand seven Hundred and 
Eighty-two, with Interest at Six per Cent, per Annum. 
Witness my Hand, 

A. B. I Committee. ^^- ^- Treasurer. 



Which Form shall be printed on good Paper, and a suit- 
able Border round the same, and when said Notes are 
issued, a Counter-Part indented of each Note shall be 
kept by the Treasurer. 
Rich, cranch And be it further enacted. That Richard Cranch, Esq ; 

aCo'rami'ttee.to bc a Committee to sio;n Blank Notes at the Left Hand, as 
Notea.*" hy the Form prescribed, before the same are filled up by 

the Treasurer. 



Tax to be levied 
in the Polls & 

Estates 



And be it further enacted. That there be and hereby is 
granted a Tax of Fifteen Thousand Pounds, to be levied 



1780. — Chapter 40. 79 

on the Polls and Estates within this Commonwealth, 
according to such Rules and in such Proportion on the 
several Towns and Places therein, as shall be agreed upon 
and ordered by the General Court at their Sessions in 
January one Thousand seven Hundred and Eighty-two, 
and to be paid into the Treasury on or before the First 
Day of April then next after, and to be applied for the 
Redemption of the Notes which may be issued by Virtue 
of this Act. 

And he it fartJier enacted. That if the General Court 
shall not sometime before the Twentieth Day of February, 
in the Year of our Lord one Thousand seven Hundred 
and Eighty-two, agree and conclude upon an Act appor- 
tioning the Sums which by this Act is agreed to be paid 
in said Year ; then and in such Case each Town and other inCase- 
Place in this Commonwealth shall pay by a Tax to be 
levied on the Polls and Estates within their limits respec- 
tively, the same Proportion of the said Sum as such Town 
or other Place w^as Taxed by the General Court in the 
Tax Act then last preceeding. And the Treasurer of this 
Commonwealth is hereby empowered and directed some- 
time in the Month of February in said Year, to issue 
and send forth his Warrants directed to the Select- 
men or Assessors of each Town or other incorporated 
Place within this Commonwealth, or to some suitable 
Person or Persons in such Place or Places therein as 
are not incorporated, requiring them to assess the Polls 
and Estates within their several Towns or other Places 
for their respective Parts and Proportions of the Sums 
before directed and engaged to be assessed, to be paid 
into the Treasury on or before the First Day of April 
one Thousand seven Hundred and Eighty-two. And the 
Assessors, as also all Persons thereby assessed shall ob- 
serve, be governed by, and subject to all such Rules and 
Directions as shall have been given in the then last pre- 
ceeding Tax Act. 

And he it farther enacted hy the Authority aforesaid, 
That the Notes that may be issued by the Treasurer by Treasincr to 
Virtue of and in Conformity to this Act, shall by him n wanant trom 
upon his receiving a Warrant from his Excellency the wfth aX/cTot 
Governor with Advice of Council for the aforesaid Sum, ^"n^'roi'onrons 
be delivered to the said Jeremiah Wadsicorth, or Order, as jer. wads. 

„ . . . • 1 ci worth Esq may . 

from Time to Time, and in such Proportions and Sums as draw tor. 
said Wadsworth may draw for. May 15, 1781. 



80 



1780. — Chapter 41. 



1780. — Chapter 41. 



[April Session, ch. 18.] 

Char) 41 ^'^ ^^^ ^^^ repealixXg one clause or part of an act 

'^ ' of this commonwealth, made and passed in the 

year of our lord one thousand six hundred and 

NINETT-NINE, INTITLED, "AN ACT FOR RE-BUILDING THE 
GREAT BRIDGE OVER CHARLES RIVER IN THE TOWN OF 
CAMBRIDGE." 



Preamble. 



Repeiiling an 
Act subjecting 
the Town of 
Newton to pay 
the Charges of 
supporting 
Cambridge 
Bridge. 



WJiereas the Great and General Court in the Year of 
our Lord, one Thousand six Hundred and Ninety-nine, 
then thought fit to malxe and i^ass an Act for the Purpose 
of supporting and maintaining Cambridge Bridge, and hy 
said Act subjected the Town q/* Newton to one Third Part 
of the Charge of maintaining the same; inasmuch that 
Newton then having no Part of any Large Bridge in said 
Toiun to maintain, hut the Case is so altered at this Time 
that the Town of Newton is subjected to the Charge of 
maintaining the one Half of five Bridges over said Charles 
Piver, lohere it Borders on said Town, which are very 
Expensive: Therefore, 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority of 
the same. That that Part of the aforesaid Act that subjects 
the Town of JSFeicton to any Part of the Charge of sup- 
porting and maintaining said Bridge in tlie Town of Cam- 
bridge, and also any other Act or Resolve that respects 
the Town of JSFeicton, relative to their being obliged to 
maintain said Bridge, be and hereby are repealed. 

And be it further enacted by the Authority aforesaid. 
That the Town of JSFewton shall not be any longer held to 
answer to any Charge, Suits or Demand, relative to said 
Bridge (in Cambridge) in Consequence of any Act or 
Resolve whatsoever now existing, excepting that the 
Town of Newton shall be held to pay one Third Part of 
the Repairs now to be made agreeable to an Agreement 
entered into between the Selectmen of the Towns of 
Cambridge, Newton, and Lexington, in May one Thou- 
sand seven Hundred and Eighty. May 16, 1781. 



1780. — Chapter 42. 81 



AND -^ 



1780. — Chapter 43. 

[April Sceeion, ch. 19.] 

AN ACT FOR THE BETTER GOVERNMENT AND REGULATION 
THE FERRY BETWEEN BOSTON AND CHARLESTOIVX 
FOR REPEALING THE LAWS HERETOFORE MADE FOR THAT 
PURPOSE. 

Whereas there is great jVegligence and irant of Order in Preamble. 
the Attendance of the Ferrymen in the Ferry aforesaid, 
hy ichich Means the Passengers and the Public in general 
are often exposed to great Inconveniences ; and the Laivs 
heretofore made for the Regulation of said Ferry have 
been found insufficient for the Purpose: 

Be it therefore enacted by the Senate and House of 
Representatives in Genercd Court assembled and by the 
Authority of the same. That all the Laws heretofore LawB hereto- 
made for the Eegulation of said Feny be, and they thri^gufairon 
are hereliy repealed and declared to be Null and Void, "epeai^!"^ 

And be it further enacted by the Authority aforemid, 
That there shall at all Times in future be Four good and ^eTe?t°con*'' 
convenient Boats kept and maintained for the speedy S^r^the l"eTd ' 
Transportation of Men, Horses, Carriages and Goods transportatioQ 
over said Ferry, and two Boats shall be passing at one except.' 
and the same Time, and not more than one Boat shall be 
laying at either of the Shores at a Time ; said Boats to 
be kept constantly in Use as aforesaid, (Lords Days, 
tempestuous Weather, and the Time necessary for the 
Repair of the Boats excepted) from Sunrise to Nine of 
the Clock at Night, from the First Day of Ajjril to the 
First Day of October; and from thence until the last 
Day of March from Sunrise until Eight of the Clock at 
Night ; and that the Boats be lodged every Night on that 
Side the Eiver where they are owned, under Penalty of breTchVf°duty. 
thirty shillings in Silver or Gold, for the Breach of any 
one of the Provisions aforesaid. 

And be it further enacted by the Authority aforesaid, 
That if any Person shall make Application to any ^"^"Ij^jll^ef 
Ferryman to transport him across the Ferry on any the Ferrymen 

• i 1 r\ ' J. J.1 TT il for passing 

necessary or miportant Occasion at any other Hour than across the Ferry 
those at which the Boats are hereby required to be o°c'^fon"-'in 
emploj^ed in said Ferry, and shall tender to said Feny- ^^peuluy?*^* 
men tiro Shillings for such service, said Ferryman upon 
refusing or neglecting to transport such Person over 



82 



1780. — Chapter 42. 



Ferrymen to 
receive double 
Ferrage of Pus- 
sengers at un- 
seasonable 
Ilours. 



Each Boat to 
have a eepaiate 
Interest iu the 
Ferry. 



The Selectmen 
of Charlestown 
to approbate 
Ferrymen. 



The Selectmen 
to signify any 
ill Cundiictof 
Ferrymen to 
the Corporation 
of Harvard 
College. 



said Ferry shall forfeit the Sum of thirti/ sJiiUings; 
and if more than one Person be transported at such 
unseasonable Hour, the Ferryman shall receive double 
Ferrage for all Passengers, and whatever else he shall 
transport in addition to the two Shillings above men- 
tioned. 

And whereas one great Cause of the ill Attendance in 
said Ferry has arose from the Income and Profits of 
said Ferry being made a common /Stock: 

For Kemedy whereof. 

Be it enacted by the Authority aforesaid, That each 
Boat shall have a separate Intei'est in said Ferry, and 
if any Owner of a Boat or Ferrymen shall be convicted 
of entering into any Agreement for making a common 
Stock of the Money arising from the Profits of said 
Ferry, or of Sharing the same with the Owners or Fer- 
rymen of any other Boat in said Ferry he shall for the 
first Offence forfeit and pay a Fine ol forty /Shillings; 
and shall for the second Offence be rendered for ever 
after incapable of being employed in said Ferry. 

Aiid be it further enacted by the Authority aforesaid. 
That no Person shall be appointed by the Corporation of 
Harvard College a Master Ferryman in said Ferry, after 
the First Day of July next, unless he shall be previously 
approbated as a suitable Person for said Business by the 
Selectmen of Charlestown, and their Appointment shall 
not be for a longer Time than one Year. And one Month 
previous to the Expiration of which Time the Selectmen 
of Charlestown shall re-approbate the said Ferrymen, or 
approbate others in their Room as they shall think will 
most tend to the Accommodation of the Public — The 
said Selectmen never to a})prol)ate all the Ferrymen 
Inhabitants of one Side the liiver. 

And be it further enacted by the Authority aforesaid. 
That if any of the Owners of Boats or Ferrymen em- 
ployed in said Ferry shall so conduct themselves that 
the Selectmen of Charlestoivn shall think it necessary for 
the pu])lic Interest (after hearing said Ferryman in his 
Defence) that he or they should be removed and shall 
signify the same under their Hands to the Corporation of 
Harvard College and leave the same either with the 
President or Treasurer of said Corporation, and shall 
procure and appropriate some other suitable Person in 
his stead who shall be ready to enter into a Contract in 



1780. — Chapter 42. 83 

like Terms with the one they disapprove, the said Cor- 
poration shall be obliged within Sixty Days after said 
Notification has been delivered as aforesaid, to discharge 
said Owners of Boats or Ferrymen from any Employ- 
ment in said Ferry ; and in Case of their Neglect or 
Refusal so to do shall forfeit a Sum equal to the Rent of 
said Ferry for the then current Year. 

And he it farther enacted hy tJie Authority aforesaid. 
That whenever the Corporation of Harvard College shall Aiterationin 

•IT-. /• T-i • .the Rates of 

make any Alteration in the Rates of Ferrage in said Ferragetobe 
Ferry, they shall publish the Rates by them established ^" 
in one or more of the Boston News Papers. 

And he it further enacted hy the Authority aforesaid. 
That the Owner or Master of any Boat in said Ferry owners of any 
shall be obliged immediately to put off his Boat and pufoff hirBo^.t 
transport across the Ferry, the Governor, Lieutenant Gov- by'^the'Tjov'"' 
ernor, any Member of the Council, Senate, or House of emor, ueut. 

"^ . -r^, . . , • 1 1 Oov. &c. under 

Representatives, or Physician, whenever so required by t^e Penalty of 
them, under the Penalty of ten Shillings for their Refusal ^° ' '°^*' 
or Neglect so to do. 

And he it further enacted hy the Authority aforesaid. 
That there be made, and from Time to Time kept in sheds and suit- 
good Repair, a convenient and comfortable Shed and t-eptatthe''*^''* 
suitable Wa^^s for passing to and from the Ferry Boats corpomtU)n^of 
at the landing Place on each Side the River, at the Harvard coi- 

, J^ ' lege. 

Charge of the Corporation of Harvard College. 

And he it further enacted hy the Authority aforesaid. 
That all Fines and Penalties incurred by the Breaches Fi'.'es and Pen- 
of this Act, except the Forfeiture on the Corporation of covered, except. 
Harvard College and the Penalty on the Selectmen of the 
Town of Charlestown for Non-Performance of their respec- 
tive Duties, shall be recovered by Information or Com- 
plaint made to any Justice of the Peace in the Counties 
of Suffolk or 3Iiddlesex, who may commit the Olfender 
or Offenders, until he or they shall pay the same. 

And be it further enacted hy the Authority aforesaid, 
That in Case the Selectmen of the Town of Charlestown inCase. 
shall neglect or refuse to perform the Duties enjoined on 
them by this Act, they shall for each Neglect or Refusal, 
each of them, forfeit a Sum equal to one Fifth Part of 
the Rent of said Ferry for one Year. 

And be it further enacted hy the Authority aforesaid^ 
That the Fines and Penalties incurred by a Failure of jfii'-es incurred''" 
Duty on the Part of the Corporation oi Harvard College ly Failure of 



84 1780. — Chaptek 43. 

ParToflhe^ OF of the Selectmen of the Town of CliarJestoicn , may be 
Corporation or recovcred by an Action of Debt at the Inferior Court for 
How recovered, ^hc County of Middlesex ; and one Half of all Fines and 
Penalties incurred by Breaches of this Act shall enure to 
the Person who shall sue or prosecute for the same, and 
the other Half thereof to the Use of the Poor of the 
Towns of Boston and CJiarlestoivn equally. This Act to 
continue and be in Force for the Space of three Years 
and no longer. May 16^ 1781. 

1780. — Chapter 43.* 

ChaV 43 ^^ "^^^ ^^^ APPORTIONING AND ASSESSING A TAX OF THREE 
^' ' HUNDRED AND SEVENTY-FOUR THOUSAND, SEVEN HUN- 

DRED AND NINETY-FIVE POUNDS, EIGHT SHILLINGS AND 
TWO PENCE. 

'£*3U°795 8s. 2rf. Whcveas it is necessary that the sum of one hundred 
and sixty thousand pounds for defraying the indAic 
cJiarges, and the smn of five thousand four hundred and 
seventy-two pounds eight shillings and one penny, for 
the pay of the Members of the House of Representatives 
for their travel and attendance in the General Court the 
three last Sittings. Also the sum of one hundred and 
ninety-two thousand six hundred and forty-six pounds 
five shillings and six pence, for bounties 2)aid by the 
several towns in this Gommonioealth to three arid six 
month^s men in the year 1780 and for reimbursing to 
the three eastern counties bounties given by them to the 
men raised for the eastern department. Also tJie sum of 
nine thousand seven hundred and forty-four pounds four- 
teen shillings and seven pence, to pay for horses procured 
by several towns in this Commonwealth in the year 1780. 
Also a further sum of six thousand nine hundred and 
thirty-two pounds, as fines laid on several totvns within 
this Commonwealth., for deficiencies in the six and three 
montKs men., ordered to be raised in the year 1780 — 
should be raised and paid into the public Treasury as 
soon as may be: 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, That each town and other place within this 
Commonwealth, be assessed and pay as such town and 
other place's proportion of the sum of two hundred and 

* Not printed in session pamptilet. 



1780. — Chapter 43. Sry 

seven thousand eight hundred and si.ctij-two pounds tu'O Ja^.of ., ^ 
shillings and two pence, the following sums set against 
them respectively, viz. in the schedule hereto annexed. 

And be it further enacted hij the authority aforesaid. 
That the Treasurer of this Commonwealth do forthwith 
send his warrants directed to the Selectmen or Assessors 
of each town or other place within this Commonwealth that 
are taxed, requiring them respectively to assess the sum 
hereby set upon such town or other place in manner fol- 
lowing. That is to say, To assess all the male polls 
above the age of sixteen years, within their respective 
towns or other places next adjoining to them, belonging 
to no other town or place, including negroes and molat- 
toes ; and such of them as are under the government of a 
master or mistress, to be taxed to said master or mis- 
tress respectively, in the same manner as minors and 
apprentices are taxed, at twenty-five shillings each on the 
sum contained in the first column in the schedule of the 
tax, and so to add or abate the sums set on the polls in 
due })roportion as the said first column bears to the balance 
or sum which is assessed in the last column. And the 
remainder of the sum set to each town or other place 
(after deducting the amount of the sums assessed to the 
polls as aforesaid) on the inhabitants of said town or 
other place as aforesaid, according to the just value of 
the whole real estate, by each inhabitant of such town or 
place respectively possessed, in his own right or in the 
right of others, lying within said town or place, improved 
or not improved ; and on the non-resident possessors of 
real estate lying within said town or place, in their own 
right or right of others, improved or not improved, saving- 
all agreements between landlords and tenants, and where 
no agreement is, the landlord to reimburse one half of 
the tax. And also on the inhabitants of such town or 
place, according to the proportion of the amount and just 
value of their whole personal estate, including money at 
interest more than they pay interest for (excepting such 
monies as are lent to government, and by any act of gov- 
ernment exempted from taxation) monies of all kinds in 
hand, and also the amount of the just value of all goods, 
wares and merchandize, stock in trade, vessels of all sorts, 
with their stores, appurtenances and appendages, plate, 
horses, oxen and cattle of all sorts and ages, sheep, swine 
and grain of all sorts, and all kind of produce of the 



86 1780. — Chapter 43. 

£'^074,795 8s. 2(/. Ij^nd? and all other property whatsoever, excepting house- 
hold furniture, wearing apparel, farming utensils, and the 
tools of niechanicks, on the thirtieth day of J/ay instant ; 
and the current price of the real and personal estate, on 
the said thirtieth day of May beforementioned, in gold 
or silver, or in bills of credit equivalent current within 
this Commonwealth, shall be considered as the just value 
of the same. And on the amount of their income from 
any profession, faculty, handicraft, trade or employment; 
and also on the amount of all incomes and profits gained 
by trading by sea and on shore. And the Treasurer, in 
his said warrant, shall likewise require the Assessors to 
make a fiiir list of said assessments, setting forth in dis- 
tinct columns against such person's name, how much he 
or she is assessed at for polls, and how much for real 
estate, and how much for personal estate as aforesaid ; 
and if as guardian, or for estate in his or her improve- 
ment in trust, to be distinctly expressed ; and shall also 
insert upon their rate bills the number of acres of unim- 
proved land which they have taxed to each of the non- 
resident proprietors of hind within their respective towns ; 
and also tlie value at which they have estimated the same ; 
and the list or lists so perfected and signed by them or 
the major part of them, to commit to the Collector or 
Collectors, Constable or Constables of any such town 
or place, and to return a certificate of the name or names 
of such Collector or Collectors, Constable or Constables, 
with the sum total to each of them committed, unto him- 
self, sometime before the thirtieth day oi Jane next. And 
on fiiilure thereof, each Assessor so refusing or neglecting 
his duty herein, shall be subject to pay a fine of ten 
pounds, to be recovered by execution from the Treasurer 
of this Commonwealth, for the time being, which fine 
shall be paid into the Treasury of this Commonwealth for 
defraying the public charges. And in case of neglect by 
the Assessors, in making return as aforementioned, the 
Treasurer of this Commonwealth is hereby impowered 
and directed to send his executions accordingly, unless 
such Assessors shall make it appear that their rate bills 
were compleated and delivered to the Collectors before 
the said thirtieth day of June. And the Treasurer for the 
time being, on the receipt of such certificate, is hereby 
imjiowered and directed to issue forth his Avarrants to the 
Collector or Collectors, Constable or Constables of such 



1780. — Chapter 43. 87 

town or place, requiring him or them respectively to T^'Jl^t . o, .,, 
collect the whole of the respective sums assessed on each 
particular person, and to pay in their collections by the 
first day of Auf/usf. next : 

Provided nevertheless, That the following persons, viz. 
The President, Fellows, Professors, Tutors, Librarian and 
Students of Harvard-College, who have their usual resi- 
dence there ; and settled Ministers of the Gospel, Gram- 
mar School-Masters, are not to be assessed for their polls 
or their estates, unless their real estate be not under their 
actual management and improvement, or not in the par- 
ishes wdiere they are settled ; and also all persons Avho 
have the management and improvement of the estate of 
Harvard-College are not to be assessed for the same ; and 
if there are any other persons who through age, infirmity 
or poverty are unable to pay, as others, towards the public 
charges, or any widows or orphans who, depending on 
the interest of their money for subsistence, have, by the 
state of the currency, been so reduced as that, in the 
judgment of the Assessors, they ought to be relieved in 
their taxes, in any such case, the Assessors may exempt 
their polls or estates, or abate any part of what they are 
set at, as they on their oaths shall think just and equi- 
table. And the Justices in their sessions, in their respec- 
tive counties assembled, in granting a county tax or 
assessment, are hereb}^ ordered and directed, to apportion 
the same on the several towns and other places in such 
county in proportion to their tax. And the Assessors in 
each town in this Commonwealth, are also directed, in 
making a town or county tax or assessment, to govern 
themselves by the same rule. And where no person 
appears to discharge the taxes on non-resident propri- 
etors of unimproved lands to the Collectors, he shall 
publish it in one of the Boston news-papers, viz. Willis's 
Independent Chronicle, three weeks successively, the 
names of all such proprietors, where they are known, 
with the sum of the taxes assessed on their lands respec- 
tively, and also the time and place of sale ; and where 
they are not known, he shall in the same manner publish 
the sum of the taxes on the several rights or divisions ; 
and in each case, shall post the same in some convenient 
and public place in the town where the said lands lay, for 
the term of one month ; and if no person shall appear 
thereupon to discharo-e said taxes, then the Constable or 



88 1780. — Chapter 43. 

£'!374,795 8«. 2c7. ColIcctor sliall proceccl to sell at public sale to the highest 
bidder (after having waited two hours from the time ap- 
pointed for said sale) so much only of said unimproved 
lands as will be sufficient to discharge said taxes and 
necessary intervening charges, having tirst given notice 
of the intended sale thereof, and the time and place where 
it will l>e made, and shall have power to adjourn from day 
to day, if necessary to compleat the sale, not to exceed 
three days (waiting as aforesaid) and shall give and 
execute a deed to the purchaser, ex[)ressing therein the 
cause of such sale, and saving to the aforesaid proprietor 
or proprietors the right of redemption of any lands so 
sold, at any time within three years from the time of sale, 
and the same shall be conveyed to him or them on paying, 
within three years as aforesaid, the sum such land sold 
for, and twelve per cent, interest on said sum, together 
with all necessary intervening charges thereon. 

Provided nevertheless. That the purchaser or purchasers 
shall not make any strip or waste on the premises until 
the time of redemption has expired ; and if the said pur- 
chaser or purchasers shall make any strip or waste on said 
})remises as aforesaid, he or they shall be liable to pay all 
damages to the original owner or owners, in as ample a 
manner as though he or they had not purchased the same. 
Be it further enacted by the authority aforesaid. That 
the Assessors of each town or other place respectively, 
in convenient time before the assessment, shall give sea- 
sonable warning to the inhabitants in any town-meeting, 
or by posting up notifications in some place or places in 
such town or other place, or notify the inhabitants some 
other way, to make and bring in to the Assessors true 
and perfect lists of polls, and of all their real and personal 
estate they are possessed of on the thirtieth day of May, 
agreeable to the description of real and personal estate, 
and incomes from professions, faculty, handicraft, trade 
or employment as aforesaid. And if any person or })er- 
sons shall not bring in a list of their estates as aforesaid, 
to the Assessors, he, she or they so neglecting or refusing, 
shall not be admitted to make application to the Court of 
General Sessions for any abatement of the assessment laid 
on him, her or them. And if the Assessors suspect any 
falsehood in the list to them presented of polls and real 
and personal estate, then the Assessors shall require the 
person presenting such list, to give solemn oath respect- 



1780. — Chapter 43. 89 

ing the same, which oath may be administered ])y the Tax of 
Assessors; such list being exhibited on oath, shall be a ' '' 
rule of that person's proportion to the tax who presented 
the same, which the Assessors may not exceed. 

Be it farther enacted, The officers and soldiers of the 
3I((ssachusetts line of the army, on the thirtieth day of 
May, shall be considered as resident in the several towns 
and places to Avhich they belonged at the time of their 
engaging in the army, their absence notwithstanding, and 
the Assessors shall tax them accordingly ; and said officers 
(excepting those officers on half pay) and soldiers who are 
engaged for three years or during the war, are hereby 
exempted from their poll tax : 

Provided nevertheless. That nothing in this act shall be 
construed to extend so as to require any Assessors to 
assess any person for any estate, real or personal, in his 
possession, (absentees estates excepted) that is the prop- 
erty of the United States, or either of them. 

Be it farther enacted. That where it shall appear by 
the new valuation now preparing, that any town or plan- 
tation, or other place, shall be taxed in this bill more than 
their just proportion, the sum so found by a committee to 
be appointed by the General Court for that purpose, who 
shall lodge in- the Treasurer's office as soon as may be, 
Avho is hereby impowered and directed to receipt to the 
Collector or Collectors, Constable or Constables of such 
town, plantation or other place, for the sum or sums 
which shall appear as aforesaid, which sum or sums the 
Collectors or Constables shall pay into their respective 
town treasuries, and the Treasurer is herel)y directed to 
stay his executions for said tax, until the said valuation 
be compleated, and each town's just proportion found as 
aforesaid. 

Whereas there hath been some towns incorporated, and 
some divided, and some others where a number of families 
have been taken from one town and annexed to another, 
since the valuation ivas settled, in the year 1778 : There- 
fore, 

Be it farther enacted by the authority aforesaid. That 
where any towns have been incorporated, or divided, or 
families taken from one town and annexed to another, 
since the valuation of 1778, and are not particularly 
assessed their pro})ortion in this tax bill, that they shall 
be considered as belonijino: to the town or towns from 



90 1780. — Chapter 43. 

Tiix of whence they were taken, and the Assessors of such towns 

.Si4,i9 «. - . ^^.^ hereby directed to govern themselves accordingly : 

Provided nevertheless. That where any town, has been 
divided and made into two distinct towns, the Selectmen 
and Assessors of both such towns may agree and make a 
division of the sum set upon such town, and assess the 
same accordingly upon their respective towns, and make 
return into the Treasurer's office of their doings ; and in 
such case, the Treasurer is hereby directed to send his 
warrants to the Constables or Collectors of both such 
towns, requiring them to collect the same and to pay 
into the treasury, in the same manner that he does to 
other Constables or Collectors. 

And ivhereas there are many j^er sons who dwell or i^eside 
in some towns within this Commonwealth ; hut are enrfaged 
in trade and negociate their business almost entireh/ in 
other towns, and there hire stores, shops and icharves; and 
it is apparent that the Assessors of the towns where such 
ptersons reside or divell, cannot be so well acquainted with 
the business transacted by them, as the Assessors of the 
towns 2vhere the same is done: 

Be it enacted by the authority aforesaid. That all per- 
sons within the description aforesaid, shall be assessed 
and pay taxes for such of their goods, wares and mer- 
chandizes, stock in trade, ships and vessels which are 
sold, used or improved in the town where they hire 
stores, ships or wharves, and transact the principal part 
of their business, and for their faculties exercised there, 
and not in the towns where they live, and shall accord- 
ingly give in on oath, if required, a list of their whole 
estate to the Assessors of the respective towns, distin- 
guishing what part thereof is rateable in each town, and 
in default thereof, shall be doomed by the said Assessors 
respectively ; provided that this clause be not in any case 
so construed, as to enable any town to tax any inhal)itant 
of any other town, for any estate for which such other 
town has been charged in the last valuation. 



1780. — Chapter 43. 



91 



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Tax of 
£.374,795 Ss. 2rf. 



92 



1780. — Chapter 43. 



Tax of 
£.374,795 8s. 2d. 



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for horses de- 
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tliree 

months men 

added. 


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three 

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deducted. 


-g»-<*<O->*'00OOC000"*la0OO3000O00O^OTj< 

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for six month's 

men added. 


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sixmontli'smcn 

deducted. 


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^ 00 CO 35 05 ■* Tji lO 0> f-H CO CO CO r-i C<3 ■* n (M ,-< CJ 


(M 

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2 


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resentative's 
pay added. 


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i>;©C35>Ca>>C©-*eCO>— 'OO'^CDt^Ot^OOOOCO 

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^- 




Salem, . 

Danvers, 

Ipswich, 

Newbury, 

Newl)ury Po 

Marblehead, 

Andover, 

Beverley, 

Rowiey, 

Salisbury, 

Haverhill, 

Glocester, 

Topsfield, 

Almsbury, 

Bradford, 

INlethuen, 

Boxt'ord, 

Wenhani, 

Manchester, 

Middleton, 





1780. — Chapter 43. 



93 






£ Tax of 
§£.374,795 8s. 2(/. 

H 



^xt^t->-iCcci^c^^coci6o50o3r-it-»io5ii>^Oiri^f3'<i<e»3«joic-*' 



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■ I'Motccr. r^ojooococjo;^ — i— '^cocoas icmqo-j — oicicic:^) 



^ C<I ^M •M o tc cr. I 



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. , t^ o "C C5 r^ ic; 30 t^ ro :c t^ ic i^ f ^. 05 — 33 i~ 3C o CO ic CO x: cr c-i t^ CO itr 'C r) 

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C<| rt ^ ,_, _ ^ Cq ^ — ^ r-1 C<1 — I ^ r-H rt r-l ^ .-H .-H r-. .-. 

^ 

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2 . 
W2 









94 



1780. — Chapter 43. 



Tax of 

£.374,795 8.5. 2c?. 



O '3 

o a, 


£. s. d. 
349 2 5 
582 15 4 
149 1 6 
2.51 1 2 
184 9 10 
274 9 6 


OS 

=4 


(£11 
.= .3 


£. s. d. 
31 17 4 
49 1 6 
31 17 4 
31 6 1 
10 2 5 
15 8 


CD 
1^ 


Fines for 

three 

montlis men 

added. 






3 4 





o5 


1 i ! 1 

a S ■c 
c 


-^ -"ti 00 00 ■* ■* 

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for si.K month's 

men added. 


£. s. d. 

12 
4 
4 


4 

372 


5 
IN 

C c 3 
3 C "O 

5 S .§ 


.£. s. d. 
283 11 6 
307 4 1 
141 15 9 
212 13 7 
141 15 9 
189 1 

12926 7 2 


Rep- 
resentative's 
pay added. 


£. s. d. 

18 2 8 

23 14 4 




11 4 10 




TO 


Each towns 

proportion of the 

sum oider'd to 

be levied. 


£. s. d. 
830 17 11 
1093 15 3 
416 19 3 
607 6 2 
403 7 4 
598 19 8 




TO 

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Tewksbury, 

Littleton, ' 

Ashby, 

Natick 

Stoneham, 

Carlisle, 





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(g-^^;z;(g3:!£^5s^^^p 



1780. — Chapter 43. 



95 






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Tax of 

£.374,795 Ss. 2ir?. 



96 



1780. — Chapter 43. 



Tax of 

£.374,795 8s. 2d. 



o •g 


£. s. d. 

1606 9 4 

2304 13 11 

772 19 6 

942 11 

2695 5 

2239 13 8 

403 18 

442 11 7 

381 17 

770 15 5 

351 10 

417 18 6 

216 11 

83 19 8 


CO 

1 


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i^CDu3(MCOOtOOCl^'CI^-*C^lcOCO 
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00 


Fines for 

throe 

months men 

added. 


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j;iM-*0000C£00COCTf<OOOO 

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;^^ 00 ic; t^ c<4 ^ Lt ^ 


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three 

montlis men 

deducted. 


^•oooooioeoi^ooocict^t^ 

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Bounty for 

six month's men 

deducted. 


•COCOCO.— — '.— 'COCMCl.>9>-* — l^O 
.C-lCC.-IC^Xt^'*'0C-*3OC5O2CO00 

.CMcocoooeo-*iOTj<cD>o.*xc<iCi 
-^ir^cooo^cct^iC'-ic:cC'c:T)-r-..Q 


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Rep- 
resentative's 
pay added. 


•0OC5 — Tft^OSTtOCCOCS^OO 

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.: C3C5'-'0>CO-*COCDCD-*' — ^co 
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Each towns 

proportion of the 

sum ordcr'd to 

be levied. 


£. s. d. 

1971 9 11 

2846 4 6 

935 2 9 

1179 17 6 

4785 19 4 

3912 15 4 

1756 19 4 

1439 14 5 

1604 7 8 

855 1 4 

888 6 1 

1201 6 

599 15 2 

524 4 5 


CI 

00 

o 

§ 




















Plymouth, . 

Scituatc, 

Duxhorongh, 

Marslitield, . 

Bridgewater, 

Middlcborough, 

Rochester, . 

Plynipton, . 

Pembroke, . 

Kingston, 

Hanover, 

Abington, 

Halifax, 

Ware ham, . 





«0 

«4 


1316 11 3 
968 3 

1087 15 11 
494 2 10 
759 11 
640 8 4 




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o o o o o o 


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1780. — Chapter 43. 



97 



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Tax of 
£.374,795 8s. 2d. 



98 



1780. — Chapter 43. 



Tax of 

£.374,79.5 Ss. Id. 



2 

C "3 


£. s. d. 
494 18 
444 1 3 
304 15 5 

272 9 8 
382 7 

273 11 5 
149 16 2 
172 1 3 

44 10 4 
51 14 4 
85 2 


CO 

in 
CO 

05 

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proportion of tlie 

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521 4 
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688 17 10 
543 17 3 
226 12 2 
262 17 3 
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126 18 


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Brownfield, 

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1780. — Chapter 43. 



99 






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1780. — Chapter 43. 



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103 






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1780. — Chapter 41. 105 

1780. — Chapter 44. 

[April Session, ch. 20.] 

AN ACT TO EMPOWER THE QUARTER-MASTER GENERAL OR Q/i(ijy^ 44 
HIS DEPUTIES WITHIN THIS COMMONWEALTH TO IMPRESS -^ ' 

SUCH TEAMS AS MAY BE FOUND NECESSARY TO TRANS- 
PORT SUPPLIES TO THE ARMY. 

Whereas it frequently/ happen'^, that the Quarter blaster Preamble. 
General meets loith great JJifficulties in procuring such 
Teams as are necessary to transport such Stores and 
Supplies as he has Occasion to send forward to the 
Continental Aunt/, hy Means whereof many and great 
Inconveniences may arise: 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same. That when the Quarter-Blaster Quarter Master 
General, or any of his Deputies shall find it necessary to Deputies to 
transport any Kind of Stores or Supplies to the Conti- sXctn"e"of''^ 
nental Army, they, or a(iy of them, shall represent to^^p'^'g^,"^,^, 
the Selectmen of any Town where Teams may be had, -"e to be had, 

•^ ■' -, ' of the Number 

th9 iV umber ot ieams necessary to transport such Stores wanted. 
and Supplies, and the Time they may prol)al)ly be 
employed ; and said Selectmen, or the major Part of 
them, shall, upon such Application, by Writing under - 
their Hands, designate the Teams and Drivers proper to 
be employed and impressed ; and the Quarter-Master Quarter Master 
General, or any of hi.s Deputies, shall have full Power Depuues"^ 
and Authority, after the passing of this Act, to impress l'n"pr°ele''.'^'^'° 
or cause to be impressed all such Teams and Drivers as 
shall have been designated as aforesaid, for the Purpo^^e 
of transporting such Stores and Supplies to the Conti- 
nental Army, or any Detachment thereof, as the said 
Army from Time to Time shall stand in Need of. 

Provided, No Team impressed as aforesaid, shall be 
obliged to go further than Fifty Miles. 

And be it enacted by the Author iti/ aforesaid, That if upon Appiica- 

111 • '/r\ 1 • ; 1 • 1 ""° '° Helect- 

the Selectmen ot any town havmg been applied to by men for 
the Quarter-Master General, or any of his Deputies for refused. 
Assistance in procuring Teams and Drivers and shall 
refuse or neglect to assist said Quarter-Masters, or their 
Deputies ; every Selectman so neglecting and refusing, 
shall, for each Neglect or Refusal, forfeit and pay to the Penalty. 
Use of such Person or Persons as may sue for the same, 
the Sum of Three Pounds, to be recovered by Action of 



lOG 



1780. — Chapter 45. 



Selectmen to 
keep regular 
^\ceounts of 
1'ime and 
Expences, and 
to exhibit the 
paint- to the 
Committee on 
Accounts for 
Allowance. 



Owners of 
Teams 

impressed shall 
neglect to 
transport 
Stores. 



Penalty. 



Owners of 
Teams 
impressed to 
Juinieh Foraije 
anil I'mvisioii, 
if required. 



Teamsters to 
procure Certiti- 
caies from the 
Quarter Master, 



To lay their 
Accounts 
liefore the 
General Court. 



Debt in any Court of Record proper to try the. same. 
And the Selectmen of the several Towns, who may be 
called upon from Time to Time to perform the Duty 
assigned them in this Act, shall keep regular Accounts 
of their Time and Expences relative to the same, and 
shall exhibit their Accounts, on Oath, to the Com- 
mittee on Accounts for Allowance and Payment, which 
Committee are hereby authorised to aUow all such 
Accounts as to them shall appear just and reasonable. 

And be it enacted hy the Authority aforesaid, That 
if the Owner or Driver of any Team impressed as 
aforesaid, and having had due Notice thereof, shall 
neglect or refuse to take up and transport to the Place 
of Destination, such Stores and Supplies for the Army 
as the Quaiter Master General, or either of his Deputies 
shall judge necessary to be immediately sent forward ; 
every Owner of such Team, or Driver, so neglecting or 
refusing, shall forfeit and pay to the Use of such Person 
or Persons as may sue for the same, the Sum of Six 
Pounds to be recovered by Action of Debt in any Court 
of Eecord proper to try the same. 

And he it further enacted hy the Authority cforesaid, 
That the Owner and Driver of any Team, impressed as 
aforesaid, shall furnish himself with sufficient Forage 
and Provision for himself and Team to travel fifty Miles, 
if thereto required, on Penalty of the same Fine as is 
provided in the preceeding Clause in Case of Neglect, 
and to be recovered and appropriated in the same ^Nlan- 
ner. And every Teamster shall procure a Certificate from 
the Quarter-Master or Conductor, specifying the length 
of Way and Quantity of Loading by him transported, and 
in what Part of the State ; and also keep an Account of 
his own Time and Expences in said Service, and lay the 
same before the General Court for Allowance and Settle- 
ment, which Accounts, when allowed, shall be paid out of 
the next State Tax. May 18, 1781. 



Chap. 45 



I'reamble. 



1780. — Chapter 45. 

[April Session, ch. 21.] 

rr AN ACT FOR THE ESTABLISHING OF A SUPREME JUDICIAL 
COURT IN THE COUNTY OF BERKSHIRE. 

Whereas uj)on the Establishment of the Xew Constitu- 
tion of Government for this Commonwealth, it is found 
expedient and necessary, that there should he a /Sujjreme 



1780. — Chapter 4G. 107 

Judicial Court, held in the County of Berkshire, as often 
as once a Year: Therefore, 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and hy the Authority 
of the same, That there shall be held at Great-Bar- a supreme 
rington, in and for the County of Berkshire, upon the to'blfireidar 
First Tuesday of October annually, a Supreme Judicial t^u^'upon'the^' 
Court of Assize and General Goal Delivery, with the o^'Vber'''''^ "** 
same Powers and Authorities as the said Court hath by aunuaiiy. 
Law in other Counties in this Commonwealth ; any Act 
or Law to the contrary notwithstanding. 

May 18, 1781. 

1780. — Chapter 46. 

[Ajji-il Session, ch. 22.] 



AN ACT FOR ALTERING THE TIME FOR HOLDING THE SU- 
PREME JUDICIAL COURT IN THE COUNTY OF BRISTOL. 



Chap. 46 

WJiereas the Times appointed by Law for holding tlie Preamble. 
Supreme Judicial Court at Springtield and Great Bar- 
rington so interfere ivith the Time appointed for holding 
said Court in the County o/" Bristol, that the Judges of said 
Court are thereby subjected to a great Inconvenience as the 
Time they will have to Travel from Great Barrington, in 
the County of Berkshire to Taunton, in the County of 
Bristol will be so short and the Distance so great: 

Therefore be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same. That the Time appointed for Altering the 
holding the Supreme Judicial Court at Taunton, in the hoidh/s?[he 
County of Bristol be, and hereby is altered from the jadidarcourt 
Second Tuesday in October next, to the Third Tuesday ^'O'" tiie second 

, ^ , n-»r 1 mi • ''° "^^ third 

m the same Month, and that all Matters and ihmgs Tuesday in 
whatsoever recognizable before said Court, are hereby Tau°nton.'^ 
continued over to the said Third Tuesday in October, 
in as full Force and Virtue as though the Time for hold- 
ing said Court had not been altered. 

And it is further enacted by the Autliority aforesaid, 
That from and after the said Third Tuesday in October The supreme 
next, the Supreme Judicial Court shall be held at fo'betiid""" 
Taunton, in and for the County of Bristol, on the Znnh\^'^^dly 
Fourth Tuesday in May annually; any Law or Act of in May at 
the General Court to the contrary notwithstanding. 

May 18, 1781. 



108 



1780. — Chapter 47. 



Preamble. 



In all Cases 
where by I>aw 
a Writ of Au- 
dita Querela 
lyeth — 



1780. — Chapter 47. 

[April Session, ch. 23.] 

Chan 47 ^^ ^^"^ prescribing the form of the writ of audita 

^ ' QUERELA, AND OF THE PROCEEDINGS THEREUPON. 

^V^lereas Justice cannot in many Cases he duly admin- 
istered to the Subjects of this Commonivealth without prose- 
cuting a Writ of Audita Querela, ; and whereas there is 
no Statute in Force in this Commomvealth directing the 
Form of the said Writ, and of the Proceedings thereupon: 

Therefore he it enacted hy the Senate and House of 
Representatives in General Court assembled, and hy the 
Authority of the same. That in all Cases where hy Law 
a Writ of Audita Querela lyeth, the same ma}^ l)e sued 
out in the Form of a Writ of Attachment, or a Writ of 
Summons, at the Election of the Complainant : And in 
all Cases where the said Writ is brouo;ht to set aside or 
annul any proceedin:^s had upon a Writ of Execution, 
the said Writ of Audita Querela shall be sued out of and 
be returnable to the Court to which the said Writ of 
Execution was returnable ; and in all other Cases the said 
Writ shall be sued out of and be returnable to the Inferior 
Court of Common Pleas, to be holden in such County 
whereof one of the Parties thereto is an Inhabitant or 
Resident ; unless where the Complainant is not an Inhabi- 
tant or Resident within this Commonwealth ; and in such 
Case the said Writ may be sued out of and be return- 
able to any Inferior Court of Common Pleas within this 
Commonwealth at the Election of the Complainant. 

And he it further enacted hy the Authority aforesaid. 
That in all Cases the said Writ oi Audita Querela shall be 
under the Seal of the Court out of which the same shall 
issue, signed by the Clerk thereof, and te.sted by the first 
Justice who is not a Party to the same ; and the said Writ 
before the Service thereof shall be Indorsed by one or 
more of the Complainants, or by his or their Attorney, by 
AVriting his or their Names on the Back thereof towards 
the Bottom ; and such Indorser shall ha liable to })ay to 
the Respondent such Costs as he shall have final Judgment 
for in that suit, to be recovered by Action of Debt. 

And he it further enacted by the Authority aforesaid, 
That the said Writ of Audita Querela may be served 
upon the adverse Party in the same Manner as Writs of 
Review are directed by Law to be served ; and upon 



The Writ of 
Audita Querela 
to be under 
the Seal of the 
Court. 



How the said 
W^rit of Au- 
dita Querela 
may be served. 



1780. — Chapter 47. 109 

Defjiult of the Respondent after such Service, without 
Appearance, the Court may proceed to hear and try the 
same Suit, and thereupon to proceed to final Judirment 
and Execution, in the same Manner as by Law they are 
authorised when the Respondent after Appearance becomes 
Defaulted. And in all Cases after the said Writ is 
returned served as aforesaid, the Court in which the Suit 
thereupon is pending, shall have full Power to hear and 
try the said Cause, and thereupon to proceed to Judg- 
ment and Execution according as to Law and Justice 
doth appertain. 

And be it further enacted by the Authority aforefiaid. 
That where the said Writ of Audita Querela shall be 
issued in the Form of a Writ of Attachment ; the Form 
thereof may be as followeth, — 

The Commonwealth of Massachusetts. Form. 

ss. 
|- , 1 T^ t^^^ Sheriff of our County of his Under- 
L" '" *J sheriff or Deputy, Greeting. 

We command 3^ou to attach the Goods or Estate of A. 
B. of to the Value of Pounds, and for 

Want thereof, to take the Body of the said A. B. if he 
may be found in your Precinct, and him safely keep, so 
that you have him before our Justices of our 
Court next to be holden at within and for 

our County of on the Tuesday of 

then and there in our said Court to answer unto the 
grievous Complaint of C. D. of who complaineth 

and saith — (here let the Declaration be inserted) — by all 
which the said C. D. as he saith is damaged the Sum of 
Pounds, as shall then and there be made to appear. 
And have you there this Writ with your Doings therein. 
Witness, W. C. Esquire, at this Day of 

in the Year of our Lord 

A. H. Clerk. 

And be it further enacted by the Authority aforesaid. 
That the Officer to whom such Writ is directed, shall have 
the same Power and Authority, and be under the same 
Obligations by Virtue of said Writ, to attach the Body 
of the Respondent, or his Goods, or Estate, as he hath 
and is under by Virtue of any other Writ of Attachment 
sued out pursuant to the Laws of this Commonwealth 
and to him directed ; and in the same Manner and under 



110 



1780. — Chapter 47. 



Form of the 
Summous to 
give J^'otice. 



Form of a Writ 
of Summons to 
be Issued. 



the same Restrictions and Regulations as are b}' Law 
provided in other Cases, the Body of the Respondent 
shall be holden to Bail, and the Goods or Estate so 
attached be liable to be taken in Execution. 

And be it further enacted hy the Authority aforesaid. 
That where the Goods or Estate of the Respondent are 
attached bj Virtue of the Writ of Audita Querela, the 
Summons to give him Notice of the Suit may be in the 
Form follow] no-. 



[seal.] 



The Commonwealth of Massachusetts. 

ss. 
To A. B. of Greeting. 

We command 3'ou that you appear at our 

Court next to be holden at 

within and for our County of on the 

Tuesday of then and there to answer to the 

grievous Complaint of CD. of (Here recite an 

Abstract of the Declaration) which Complaint is to be 

heard and tried at the said Court ; and yonv Goods or 

Estate are attached to the Value of Pounds, to 

satisfy the Judgment which the said CD. may recover 

upon the aforesaid Trial. Fail not of Appearance at 

your Peril. 

Witness, W. C Esquire, at the Day of 

in the Year of our Lord 4 -tt ^1 1 

A. H. Clerk. 

And be it further enacted by the Authority aforesaid, 
That where the Writ of Audita Querela shall be issued 
in the Form of a Writ of Summons, the Form thereof, 
may be as folio weth. 

The Commonwealth oi Massachusetts. 

ss. 

To the Sheriff of our County of his Under- 

Sheritf or Deputy Greeting. 

We command you that you Summons A. B. of 

if he may be found in your Precinct, to appear before 

our Justices of our Court next to be holden at 

within and for our County of on the 

Tuesday of then and there in our said Court 

to answer to the grievous Complaint of C D. of 
who complaineth and saith, (Here let the Declaration be 
inserted) by all which the said C D. as he saith is damaged 
the Sum of Pounds as shall then and there be 



[seal.] 



1780. — Chapter 47. Ill 

made to appear. And have you there this "Writ with 
your Doings therein. "Witness "W. C. Esquire, at 
this Day of in the Year of our Lord 

A. H. Clerk. 

And be it further enacted bij the Authority aforesaid, 
That where the Sheriff of any County in which the where the 
"Writ of Audita QuereJa is to be served, or his Deputy D^p"fy°isa'* 
is a Party to the said Writ, or to the Execution issued ^^"y- 
upon the Judgment recovered thereon, the same shall be 
directed to the Coroner or his Deputy, who shall serve 
and execute the same in due Form of Law. 

And to avoid Circuit// of Actions and a MuUipJicitij of 
Law Suits: 

Be it further enacted bij tJie Authority (foresaid. That 
where the Complainant in any Writ of Audita Querela 
may by other subsequent Action at Law, recover of the 
Respondent any Recompense in Damages or otherwise, 
for the Wrongs done him by the Service of such Execu- 
tion for the settino: aside and annulling of the Proceedings 
upon which the said Writ of Audita Querela is brought, 
in all such Cases the Complainant may have the same 
Remedy upon his Writ of Audita Querela, and in his 
Declaration therein, may declare for the same Recom- 
pence in Damages or otherwise, and Judgment shall be 
rendered and Execution issue thereupon accordingly. 

And be it further enacted by the Authority aforesaid. 
That the General Issue in all Actions prosecuted on Writs How General 
of Audita Querela may be the Plea of Not Guilty ; and pieadedf^ ^^ 
upon such Plea being duly pleaded by the Respondent, 
either Party may give any special Matter in Evidence by 
which the Truth and Justice of the Cause may be known. 

Provided nevertheless. That the Respondent may plead Proviso. 
any special Matter in Bar or the said General issue, at 
his Election. 

And be it further enacted by the Authority aforesaid. 
That in Cases where the Writ of Audita Querela is re- in cases where 
turnable to the Inferior Court of Common Pleas in any ?eturnabiVand 
County within this Commonwealth, and Judgment given Judgment given. 
in said Court, the Party aggrieved thereat may appeal 
to the Supreme Judicial Court of this Commonwealth, 
next to be holden within the same County ; the said 
Appeal to be granted and prosecuted under the same 
Regulations and Restrictions as Appeals in other Actions 
from the Judgment of any Inferior Court are to be granted 



112 1780. — Chapter 47. 

and prosecuted ; and when the Appellant shall fail to pros- 
ecute his Appeal with Effect, the Supreme Judicial Court 
may upon Complaint filed by the Appellee, affirm the Judg- 
ment rendered by the Inferior Court with additional Dam- 
ages and Costs, and award Execution accordingly. 

And whereas the Oomplainant in the Writ of Audita 
Querela mat/ at the Time of suing out the same, be in 
Gaol hij Virtue of the Execution, the Proceedings upon 
which the said Writ of Audita Querela is brought, to set 
aside and annul: And whereas in such Cases the Enlarge- 
ment and Liberation from Gaol of the Complainant may 
be necessary to enable him effectually to prosecute his said 
Writ: 
^"Cnse where J^q it enacted by the Authority aforesaid. That in Cases 
uut is iu Guoi. where the Complainant in such AVrit of Audita Querela 
is in Gaol by Virtue only of such Execution, the Court 
to which such Writ is returnable, or the Supreme Judicial 
Court upon the Appeal may, at their Discretion, according 
to the Circumstances of the Case, enlarge and liberate 
the Complainant from Gaol, and admit him to Bail upon 
his Sureties (being sufficient Freeholders A^ithin the Com- 
monwealth, to be approved of by the Court) giving Bond 
together with the Complainant, jointly and severally to 
the Kespondent, in such Penalty as shall be directed by 
the Court conditioned, if final Judgment be rendered 
for the Respondent, that the Complainant shall within 
Thirty Days after the entering such final Judgment, 
surrender himself to the Gaol Keeper, to be detained in 
Custody under the same Execution, or within that Time 
satisfy the same Execution, and also such final Judgment 
as shall be rendered as aforesaid for the Respondent. 
And if the said Complainant shall surrender himself to 
the Gaol Keeper as aforesaid, he shall be in Custody 
under said Execution, as fully and to all Intents and 
Purposes, as if the said Writ of Audita Querela had not 
been brought, nor the said Com[)lainant admitted to Bail. 
And be it further enacted by the Autltority aforesaid, 
AH Judgments That all JudjTments rendered h\ the Supreme Judicial 

rendeied by the , . . P i i Vir • i' i i • /^ i 

Supreme jiidi Court lu Actious prosccutcd by >\ rits of Audita Querela 

final by the said shall bc final, without being subject to Reversal or Altera- 

^^"'' tion b}' any Proceedings upon Writs of Review thereafter 

to be sued out or prosecuted, and all such Writs of 

Review shall by the same Court ex officio be Quashed. 

May 18, 1781. 



1780. — Chapter 48. 113 



ChaiJ. 48 



1780. — Chapter 48. 

[October Session, ch. 3.] 

AN ACT IN ADDITION TO AND FOR THE ALTERATION OF SOME 
OF THE PROVISIONS OF AN ACT, INTITLED, "AN ACT FOR 
CONFISCATING THE ESTATES OF CERTAIN PERSONS COM- 
MONLY CALLED ABSENTEES," IT IS AMONG OTHER THINGS 
PROVIDED, THE JUSTICES OF THE SAME COURT WHERE ANY 
COMPLAINT IS EXHIBITED IN PURSUANCE OF THE SAID LAW, 
SHALL ORDER THEIR CLERK TO CAUSE THE NOTIFICATIONS 
AS IN THE SAID LAW IS DESCRIBED TO BE SERVED BY THE 
SHERIFF OR CONSTABLE, AND THAT THE ISSUE SHALL BE 
TRIED BY A JURY IN CASES WHERE NO CLAIM IS MADE; BY 
MEANS WHEREOF GREAT AND NEEDLESS EXPENCES ARE 
INCURRED, AND THE GOOD INTENTIONS OF SAID ACT ARE 
NOT SO WELL ANSWERED. 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, That from and after the passing where com- 
this Act, when any Coniphunt shall be exhibited in any hii'ued'^'he'^ 
Court or is now depending therein in Pursuance of the f Noufl^catiou."'^ 
said Law, then the Justices of the same Court shall order 
the Notification as in the said Law is described, to be 
published in three of the public News Papers of this 
Commonwealth, thirty Days at least before the Sitting 
of the said Court to which the same Suit shall be con- 
tinued, which Notification so published shall avail to all 
Intents and Purposes instead of the Notification being 
served by the Sheriff, &c., as by the said Law is pro- 
vided. 

And be it further enacted by tlie Authority aforesaid, 
That when no Person shall aj)pear to take upon him the when Persons 
Defence of the said Suit as mentioned in the said Act, t''o"de°end'theh- 
that the Justices of the same Court shall cause Proclama- suu.theJus. 

ticea to ciiuse 

tion as in said Act is provided, and that then Judgment Proclamation, 

1111 1 iji ji I ipc'i and then .Judg- 

shall be rendered thereon, that the same be forfeited as mint to be ren- 
l)y the said Law is expressed, without any Trial by a ''^"^ 
Verdict of a Jury, which shall avail to all Intents and 
Purposes as though the Estates alledged to be forfeited 
were so found by the Verdict of a Jury. 

And be it farther enacted by the Authority aforesaid, 
That the legal Expences of Copies of Pecord, Witness, TheExpences 
Sheriffs Fees, Jury Fees, and Court Fees incurred by prosecnting 
prosecuting the said Complaints to final Judgment and hru.MTefore 
Execution, shall l)e taxed by the said Court, and laid owToTai- 
before the General Court for Allowance and Payment. lowanceand 

December 4, It 80. 



lU 1780. — Chapter 49. 

1780. — Chapter 49. 

[January Session, ch.l.] 

ChaV 49 ^^ ^^^ ^^ ADDITION TO, AND FOR THE EXPLANATION OF AN 

J^ ' ACT, INTITLED "AN ACT IN ADDITION TO, AND FUR THE 

ALTERATION OF SOME OF THE PROVISIONS OF AN ACT, 

INTITLED "AN ACT FOR C0NF1SCA1ING THE ESTATES OF 

CERTAIN PERSONS, COMMONLY CALLED ABSENTEES." 

Preamble. Wlievecis by the same Act it is j)vovided, " That iclien 

any Complaint shall he exhibited in any Court, or is now 
depending therein^ in Pursuance of the said Laic, that the 
Justices of the same Court shall order the Notification as 
in the said Law is described, to be published in three of 
the public JSfeivs Papers of this Commonwealths thirty 
Days at least before the sitting of the said Court to 2vhich 
the same Suit shall be continued.''^ And whereas certain 
Complaints have been exhibited before the Justices of the 
luferior Court of Common Pleas in the Counties of 
Suffolk and Worcester, upoii which Notifications have 
issued and were duly served, according to the said Laio 
first mentioned and before the said additional Act was 
made: And in the Inferior Court of Common Pleas for 
said County of Worcester, Judgment has been, in divers 
Cases since, given upon Default, without any Advertise- 
ment in the public News Papers. 

Be it therefore enacted by the Senate and House of 
Pepresentatives in General Court assembled, and by the 
Notifications Authority of the same. That the said Notifications upon 
there not'Uing the Said Complaiuts as before described, shall be good 
witilituDdiug." and valid within the true Meaning and Intent of the said 
additional Act, and to all the Purposes thereof: And 
that the Judgments founded thereon are and shall be 
good and valid, the said Notifications not being published 
in the News Papers notwithstanding : And that the Jus- 
tices of the Inferior Court of Common Pleas in the County 
of Sufolk, may proceed on all such Complaints now pend- 
ing before them, according to the Directions of the said 
additional Act, though the Notifications of them have not 
been published in the News-Papers. January IS, 1781. 



1780. — CHArTER 50. 115 

1780. — Chapter 50. 

[January Sfssion, ch. 20.] 

AN ACT TO TROVIDE FOR THE PAYMENT OF DEBTS DUE FROM nhnij KQ 
THE CONSPIRATORS AND ABSENTEES, AND FOR THE RECOV- -^ • 

ERY OF DEBTS DUE TO THEM. 

Wliereas hy a certain Act made in the Year of our Preamble. 
Lord One T/iousand seven Hundred and /Seventy-nine, 
entitled, '■^ An Act to confiscate the Estates of certain noto- 
rious Conspirators against the Government and Liberties 
of the Inhabitants of the late Province noiv State of Mas- 
sachusetts-Bay ; " and another certain Act passed A. D. 
One Thousand seven Hundred and /Seventy-nine, entitled, 
^^ An Act for confiscating the Estates of certain Persons 
commonly called Absentees," it is enacted that all the 
Debts justly due before the Offence committed, to any Sub- 
ject of the United States, from any of the Persons afore- 
described, shall be payable out of their respective Estates. 
And ivhereas by another Act passed A. D. One Thousand 
seven Hundred and Seventy-seven, entitled, ^^ An Act to 
prevent the Waste, Destruction and Embezdement of the 
Goods or Estates of such I'ersons who have left the same 
and fied to our Enemies for Protection, and also for the 
Payment of their just Debts out of their Estates,"" the par- 
ticular Mode, Way and Manner of ascertaining the just 
Debts of said Persons is particularly described and set 
forth. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Autliority of 
the same. That Committees be appointed and empowered CmmutoeB to 

"*■ sell rciil cstutcs 

within each County in this State, to sell the real Estates of absentee a. 
of the Conspirators and Absentees. 

And be it further enacted. That the Debts due there- nei)ts dnc to be 
from, shall ])e equital)ly discharged, and the Residue paid ""^ ""^^^ 
into the public Treasury. But where the Estates afore- preference to be 
said are involved by any Mortgages, or Attachments la^eyand"'^' 
whatever, said Mortgages and Attachments shall be dis- Anachmeuta. 
charged in Preference according to Law : The other 
species of Debts be afterwards paid ; and the Residue 
of said Conspirators and Absentees Estates (if any) be 
lodged in the public Treasury. 

Provided always, That where any Wife or Widow of P^ai e8tiUe°oV''* 
any Conspirators or Absentee remains in this Common- absentees to be 



116 1780. — Chapter 50. 

exempted fiom wealth, oiie-tliird Part of the real Estate aforesaid, shall 

wife or widow be exeiiipt froiii said Sales, and shall be allotted as Dower 

C.iTlenia'iMsYa" to the 8iipport of the AVife or Widow of any Conspirators 

weauh"'""'"" and Absentee resident in this Commonwealth. And after 

her Death, shall be Sold for the Benefit of the Creditors, 

or the Commonwealth, as the Case may be. 

lu case And be it enacted hy the Authority aforesaid, That in 

Case the Proceeds of any Conspirators, or Absentees real 

and personal Estates shall not be sufficient to pay all the 

Demands upon the same as aforesaid ; the Creditors 

thereto shall l)e paid in Proportion to their respective 

Demands, so far as the same will go towards the Dis- 

charo-e of said Del)ts, accordins: to Law. 

And he it further enacted by the Authority aforesaid, 

Moner! w"*^' That whcre it shall appear from the Report of Commis- 

leporied thi.t sloucrs appointed by the Judijes of Probate for the several 

bei-n made for Couutics withiu tliis Commouwealth, that Allowances 

sidu'reponrto havc bccu made to the Creditors of the Conspirators and 

berecommiued. Absentees aforesaid, for the Depreciation of the Paper 

Currency, said Reports shall be recommitted to the said 

Or in case Commissioucrs, or in Case of their Death, Absence or 

Refusal, new ones shall be appointed by the Judges of 

Probate in their Room, which Commissioners are hereby 

authorised and directed to take oli' said Allowances, and 

resolve said Demands into their original Value at the 

Time said Debts were contracted, provided Payment has 

not been made agreeable to said Reports. 

And be it further enacted by the Authority aforesaid, 
batl^!futho''H6ed That whcre any Commissioners of Claims, have not 
to appoint some adiusted and reported on the Demands of any Creditor, 

Buitable person . ■, r^ . . in- i -vt • i /• i 

to appear in smkI Commissiouers shall give due JNotice thereot to the 
commouweaith. Judgc of Proliatc who appointed them, and the said 
Judge shall by Warrant under his Hand and Seal, 
authorise and appoint, and is hereby impowered to 
authorise and appoint, some meet and discreet Person, to 
appear before said Commissioners, and there in Behalf of 
this Commonwealth to object to all such Proofs oftered in 
Support of said Claims as shall l)e repugnant to Law and 
Equit}^ ; and in all Cases to defend said Estates against 
any collusive or fraudulent Claims. And the said Com- 
missioners if they find said Claims or any Part of them 
supported, they are hereby impowered and directed to 
liquidate the same, and report to the Judge of Probate, 
and the same shall be allowed accordingly. 



1780. — Chapter 50. 117 

And be it further enacted. That each Creditor to the 
Estates of said Conspirators or Absentees, shall take and 
repeat the following Oath or Affirmation before said 
Commissioners, who are hereby impowered and directed 
to administer the same, viz. 

/A. B. Creditor to C. D. a Conspirator or Absentee, do Form of the 

hereby declare and mah'e solemn Oath, that the Demands bytile*creduo.s 

noiv exhibited by me against the said C. D. are just and ^^^^^^rtx'oxi.'^^ 

true; and that I have not directly or indirectly, by myself ^ 

or by any other Person, for, or under me, received any 

Part of said Demand; and that I know of no Debt or 

Demands whatever of said C. D. against me, more titan 

the Sum or Articles I have credited said C. D. for, and 

noiv exhibit ted. o i i r^r\T\ 

8o help me GOD. 

And ivhereas it is to be feared, that some Persons are 
so lost to all Sense of Religion or moral Obligation as to 
forswear themselves for the Sake of Gain: 

Be it further enacted by the Authority aforesaid. That J/'cr^duoTs to 
whenever the said Commissioners have in their own be inquired 
Minds just Cause of Suspicion that the Demands exhibited commissioners 
by any Creditor against any Conspirator or Absentee are caute^o" suspi- 
not just and true, they are hereby directed to require "'^"* 
of said Creditor besides his own Oaths or Affirmation, 
and before they allow his Demands, that he bring before 
them two respectable Freeholders of the Town where 
he belongs, of whom said Commissioners shall enquire, 
concerning the Character of said Creditor, and whether 
they know of his Dealings with said Conspirator or 
Absentee ; and whether they think there is probable 
Cause to suppose the Demands exhibited are just ; and 
if after such Inquiry, the}^ have Keason to think the said 
Demands are Avell proved, the}'^ shall allow the same, 
other Avaj^s not. 

And be it further enacted. That where anj^ Debts are Persons in. 
due to any of the said Conspirator or Absentees, by AbJlnteesby 
Book, Bond, Note or any assignable Specialty, and the fo^be'compeited 
Agents or Administrators on the Estates of said Conspir- to discharge the 

• • -r-« • /» 1 same. 

ator or Absentees respectively are in Possession of such 
Books, Bonds, Notes or assignable Specialties, the Per- 
sons so indebted shall be compelal^le by Suits at Law to 
be instituted in the Names of the Agents or Adminis- 
trators of said Estates respectively, to discharge all such 
Debts as aforesaid : And all Courts of Law before whom 



118 1780. — Chapter 50. 

said Debts are proved, shall make up Judgment in Favour 
of said Agents or Administrators accordingly. And the 
same shall he disposed of for the Payment of Debts, &c. 
as aforesaid. And where any Person is indebted as 
aforesaid, and the Agent or Administrators is not in 
Possession of the Books or Bonds, and the Person so 
indebted is inclined to discharge his Debt, the Treasurer 
of this Commonwealth is hereby authorised and directed 
to receive said Debts or Part thereof, and give two 
Receipts therefor, one of which shall be lodged in the 
Secretary's Office by said Debtor, and the other Receipts 
shall be a good and sufficient Discharge in Law for so 
much of said Debt as the Real Value of the Money 
receipted for amounts to, Avhich Real Value if paid in 
Bills of Credit, shall be determined as establishecl in an 
Act passed this present Session of the General Court, 
entitled, "An Act for repealing certain Parts of an Act 
postponing the Payment of Government Securities, &c. 
&c." 

Proviso. Provided ahvays, That the Claims against the Estates 

of the Conspirators and Absentees which said Person is 
indebted, do not exceed the Value of the Real Estate 
of said Conspirator or Absentee ; and in such Case the 
Agents or Administrators on said Estates may receive 
said Debts, and shall, by Order of the Judge of Pro- 
bate, pay them to the Creditors of said Estates, and the 
Receipts of said Agents or Administrators shall he valid 
in Manner as aforesaid. 

And be it further enacted, That where any Estates of 
the Conspirators or Absentees have been sold, and the 
Monies paid into the Treasury, the same shall be paid 
out of the Treasury to the Creditors of said Estates, so 
far as is necessary to discharge their Demands, if there 
is a Sum sufficient therefor ; and if not, then in Propor- 
tion to their Demands, having Respect to Mortgages and 
Attachments as aforesaid ; and the Judges of Probate are 
hereby directed to give the Creditors of said Estates 

The Governor Ccrtiticatcs as aforcsaid .' And His Excellency the Gov- 

witu the Advice •ii »i- f ^ -i-i i i 

ot Council ernor, with the Advice ot Council, is hereby requested 
gmut^Wiirrants to grant a Warrant on the Treasurer in Favour of said 
hl^a^vouror''^ Crcditors, agreeal)le to said Certificate, if the Monies paid 
Estates of Ab^*' "^^^ *^^^ Trcasury are equal to all the Demands against 
seutees, where said Estatcs. And in order that His Excellency in 
have beeu Sold Council, may bc ascertained of this, the Judges ot Pro- 



1780. — Chapter 50. 119 

bate are hereby directed to certify to the Goyernor the and the Money 

*j %j piiici into tue 

Whole of the Demands against said Estates, l)efore they Treasury. 
giye a Certificate to the Creditors ; and should it appear 
that said Estates were insolvent, then His Excellency the 
Goyernor is inipowered and requested to appoint meet 
Persons to apportion the same so paid into the Treasury 
(after deducting all necessary Charges) among said Cred- 
itors, agreeable to their Demands, having respect to 
JNIortgages and Attachments as aforesaid. 

And he ii further enacted by the Authoriti/ aforesaid. 
That Richard Cranch, Samuel Henshaw, and Samuel uie^ool^nittees 
Barrett, Esquires, be a Committee for the County of "l'^4°aTcountio8 
Safoll- : That James Prescott, Joseph Hosmer, and inihieCommon- 
Samuel Thatcher, Esquires, be a Committee for the forfeUedKB- 
County of Middlesex : That Capt. Samuel Ward, Col. ^"*^*' 
Israel Hutchinson, and Dummer Jewett, Esquires, be a 
Committee for the County of Essex : That JoJin KirMand, 
Esq ; Mr. David Smead, and Capt. Benjamin Bonnen, 
be a Committee for the County of Hampsliire: That 
Mr. Nathan Mitchell, Mr. Joseph Smith, and INIr. Zehe- 
diah Sprout, be a Committee for the County of Plymouth : 
That Nathaniel Freeman, Joseph Otis, and Daniel Davis, 
Esquires, be a Committee for. the County of Barnstable: 
That Mr. Israel Washburne, Samuel Tobey, Esq ; and 
Mr. Isaac Hodges, be a Committee for the County of 
Bristol: That Mr. John Hill, Col. Edward (?ro?t', 'and 
Col. Thomas Cutis, be a Committee for the County of 
YorJi : That John Fessenden,Ft»q; ]\Ir. Caleb Ammidon, 
and Jonathan Warner, Esq ; be a Committee for the 
County of Worcester: That John Lewis Esq; Solomon 
Lombard, Esq ; and Mr. Samuel Small, be a Committee 
for the County of Cumberland: That Col. John Ashley, 
Col. Jonathan Smith, and Nathan Kingsley, Esq ; be a 
Committee for the County of ^e?'7wS'A /re, to make Sale of 
the Real Estate of said Conspirators and Absentees as 
aforesaid, in each of their Counties respectively, for the 
Purposes herein provided. And the Judges of Probate 
of Wills, &c. are hereby directed to give a 'Certificate 
under Hand and Seal of Office, to any Creditors, of the 
Sum due to him, as the same shall have been liquidated 
and allowed by the Commissioners of Claims as afore- 
said ; and said Committee, on being shewn said Certificate 
by any Creditor, shall immediately proceed to advertise 
and make Sale of said Estates in the same Way as is 



120 



1780. — Chapter 50. 



Cnraraittees 
required lo 
keep a fair 
record of thoir 
doings, ami to 
make return 
under oath. 



Proviso. 



proscribed by Law for advertising and making Sale of 
the Estates of Intestates, in order to discharge their just 
Debts. 

Provided nevertJieJexs^ That if the Committees suspect 
any undue Measures are talking at any of said Sales, in 
order to get any of said Estates struck otf under their 
real Value, in all such Cases the Committees are hereby 
directed to suspend the Sale : And if they find it for the 
Benefit of the Creditors or Government to sell said 
Estates, or any Part thereof, at private Sale, they are 
hereb}' impowered to do it accordingly ; and the Demands 
of any Creditor allowed as aforesaid, who may purchase 
any of said Estates, shall be received in Pay therefor, if 
said Estates are suflicient to discharge all Demands : And 
said Committee shall pay the Creditors of the Estates of 
the Conspirators and Absentees aforesaid, without Delay, 
in the Way and Pro]:)ortion herein beforementioned : 
And the said Committees respectivel}^ are hereby 
authorised and impowered to give good and sufficient 
Deeds in Fee to the Purchasers, in the Name of this 
Commonwealth. 

And he it further enacted, That every Clause of this 
Act shall be considered to extend to the Estates of such 
Conspirators and Absentees who have died while under 
the Protection of the King of Great-Britain, his Fleets 
or Armies, as well as those Conspirators and Absentees 
who are now living. 

And be it farther enacted hij the Authority aforesaid. 
That the said Committees be, and they are hereby 
required to keep fair and accurate Accounts of all their 
Doings in the Premises, and to make a Return thereof, 
under Oath, into the Secretary's Office, there to be 
recorded. 

Provided nevertheless, and he it further enacted, That 
the Powers oiven to the several Committees for the Sale 
of Conspirators and Absentees Estates, shall not extend 
to impowea* said Committees to make Sale of any Estates 
on which Money has been advanced to the Common- 
wealth, agreeable to a Eesolve of the General Court 
passed the Nineteenth of June last, unless the Pei'sons 
who have advanced INIoney as aforesaid, shall consent to 
have such Estate sold. 

And ichereas there are divers 3Iessuages, Lands and 
Tenements within this Commomvealth, which heretofore 



1780. — Chapter 51. 121 

have been conveyed h;/ A[ortgage to some of the said 
Cojisjjirafors or Absentees icith Condition of Defeasance 
on Payment of certain Sums of Money; by Means 
ivJiereof the said Estates are liable by the said Laws to be 
confiscated to the Use of this Oommomcealth. 

Be it enacted b>/ the Authoritii aforesaid, That such ]^"7.",'J^^^,';f „, 

• ' «y ./ ' upon i>ti> 111' III. 

Mortii'agers upon the Payment to the Committee before are entitled to 
appointed for the Sale of the said Estates in the County from the com- 
wliere such Mortgaged Premises hiy, of all the Monies 
due upon such Mortgages, computing the same according 
to the Rule of Law for the Kedemption of mortgaged 
Estates, shall be entitled to and receive a Discharge and 
Release of the said Mortgage-Deed from the said Commit- 
tee, in the same Manner as though the jSIoney was paid 
to a Mortgagee who is a good Subject of this 'Common- 
wealth. 

And whereas there are divers Lots and Tracts of Land 
lately belonr/ing to some of the said Conspirators or 
Absentees, which have been and still are possessed by some 
of the good Subjects of this Commomcealth, on Condition 
of having a Conveyance of tJie Fee-Simple of such Lauds 
to them, upon their Payment to the said Owners of the 
said Lands of certain Siuns of Money : 

Be it enacted by the Authority aforesaid ^ That the Per- Persons holding 
sons holding Lands by Condition as aforesaid, shall be to'absentee's'^'"^ 
entitled to a Deed in Eee-Simple, on paying the Money, deetUn '"ee sim- 
conditioned as aforesaid, to the said Committee; and i','*^' °" P''y|"s 

• -, r^ • 1 , 1 . . the money to 

said Committee are hereby authorised and directed to the comniittee. 
execute such Releases and Deeds accordingly, in the 
Name of this Commonwealth. March 2, 1781. 



Chap)- 51 



1780. — Chapter 51. 

[January Session, ch. 25.] 

AN ACT IN ADDITION TO AN ACT, INTITLED " AN ACT FOR 
PREA'ENTING OR PUNISHING CRIMES THAT MAY BE COM- 
MITTED AGAINST THE PUBLIC SAFETY, BELOW THE DEGREE 
OF TREASON OR MISPRISION OF TREASON. 

Whereas it appears that the Penalty in said Act is Preamble. 
insufficient to deter from the Commission of said Crimes: . 

Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, That if any Person or Persons Persons con- 
shall be convicted of any of the Crimes described in cHmL'^topay 



122 



1780. — Chapter 52. 



a Fiue not 
exceeding oOO 
PoumcIb, nor 
less thiiii 30 
Pounds; or re- 
ceive Corporal 
Punishnunl; 
or conti'ied on 
Board yiiips of 
War. 



lu Case of 
Desertion to 
be tried before 
a Court Martial 



said Act, sucli Person or Persons so convicted, shall, at 
the Discretion of the Court l)efore whom the Person or 
Persons may be convicted, pay a Fine not exceeding the 
Sum of Five Hundred Pounds, in Gold or Silver, at the 
Rates established by Law, or in Bills of Credit current 
within this CommonAvealth equivalent thereto, nor less 
than Thirty Pounds, in Gold and Silver as aforesaid, or 
Bills of Credit equivalent thereto, to be applied as is 
provided in said Act, or be whipped at a public Whip- 
ping-Post, not exceeding Thirty-nine Stripes, nor less 
than Ten, or stand in the Pillory one Hour at least, or be 
contined on board some Ship of War belonging to this 
Commonwealth or the United States, not exceeding the 
Term of Three Years, nor less than One Year; there to 
do Duty us directed by the Commander of the Ship of 
War, or be confined within some Fort or Garrison, not 
exceeding the Term of Three Years, nor less than One 
Year ; to be suljject to the Commander of such Fort or 
Garrison : And if any Person or Persons so convicted 
and confined, shall desert said Ship of War, Fort or 
Garrison, he or they so deserting, shall be tried before a 
Court-Martial ; and upon Conviction, shall suffer the 
Pains and Penalties which Deserters from the Conti- 
nental Army are, by the Eules and Regulations of said 
Army, liable to suffer. March 5, 1781. 



Chap. 52 



Preamble. 



1780. — Chapter 52. 

[April Session, ch. 11.] 

AN ACT IN ADDITION TO AN ACT PASSED THE LAST SESSION 
OF THE GENERAL COURT, INTITLED, "AN ACT TO PROVIDE 
FOR THE PAYMENT OF THE DEBTS DUE FROM THE CON- 
SPIRATORS AND ABSENTEES; AND FOR THE RECOVERY OF 
DEBTS DUE TO THEM." 

Whereas the Creditors to those Estates of the Conspir- 
ators and Absentees on rchich Money has been advanced 
to the Commomvealth, agreable to a Resolce of the Gen- 
eral Court of the JVineteenth of June Jasf, icill be kept out 
of the Debts due to them unless said Estates are Sold : 
And whereas many Persons who advanced the Money as 
aforesaid, are willing to purchase the Estates, at private 
Sale, and to give the full Value thereof: 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by th.e Authority 



1780.— Chapter 53. 123 

of the same, That the Committees in said Act mentioned, ^Si on'Ab- 
be, and they hereby are authorised and impowered to to'golaPan^^ 
sell said Estates at private Sale, to the Persons who pay. 
advanced Money thereon as aforesaid, on Application 
made by such Persons to the said Committee for that 
Purpose, and the Money so advanced (after deducting 
the Kent) shall go in Part Pay for the same. 

Pwvided^nevertJieless, and he it further enacted, That Proviso. 
said Committees be and they are hereby impowered and 
directed to appoint three judicious disinterested Per- 
sons to appraise under Oath the Estates so to be Sold ; 
and if the Persons who advanced the Money as afore- 
said are willing to take the Estates at the Appraise- 
ments, the said Committees are hereby authorised and 
impowered to give good and sufficient Deeds in Fee 
to tlie Purchasers in the Name and Behalf of this 
Commonwealth. And said Committees shall pay the 
Creditors, and the Residue into the public Treasury, in 
the Way and Manner prescribed in said Act ; and in 
Case the Persons aforesaid do not incline to take the 
said Estates at the Appraisement, they shall pay the 
Charge of Appraisement. May 1, 1781. 

1780.— Chapter 53. 

[April Session, ch. 9.] 

AN ACT IN ADDITION TO AN ACT INTITLED, "AN ACT TO PRO- QhaV 53 
VIDE FOR THE PAYMENT OF THE DEBTS DUE FROM THE ^' 

CONSPIRATORS AND ABSENTEES; AND FOR THE RECOVERY 
OF DEBTS DUE TO THEM." 

Whereas many Persons among our Enemies may have Preamble. 
JVbtes, Bonds, or other Securities, against the said Con- 
spirators or Absentees, and may endeavour to send them 
to their Friends or Agents here, in order to receive Pay 
from the Proceeds of the Estates of said Conspirators' 
or Absentees : 

And for the Prevention thereof. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the Authority 
of the same. That the Commissioners appointed by the commieBioners 
Judges of Probate in the several Counties in this Com- A'lmntees'Es- 
monwealth, to receive and examine the Claims exhib- reject^anNoteB*! 
ited against any of said Estates, be, and they are hereby ^^• 
directed and required to reject all Notes, Bonds and 



124 



1780. — Chapter 53. 



Unless — 



Persons swear- 
ing to their 
Demands on 
Certificate given 
to be allowed by 
the Comniis- 
Bioners 



Judges of Pro- 
bate to allow a 
further Time 
for Creditors to 
prove their 
Claims. 



Committee ap- 
pointed to sell 
Absentees Es- 
tates to pay the 
Creditors of 
said Estates. 
Provided — 
Committees 
directed to pay 
the Money aris- 
ing from the 
' Sales of said 
Estates into the 
Treasury. 



How it is to be 
appropriated. 



other Securities, which were oriijinallv' aiven in Favor 
of any Conspirator or Absentee, or which have been 
assigned over to them, unless it shall evidently appear 
that such Notes, Bonds, or other Securities were taken 
in the Name of any Conspirator or Al).sentee, as Guar- 
dian for a Person or Persons who have been, and, if 
living, still are good Subjects of these United States. 

A)id be if further enacted. That when fmy Person 
shall present his Demands against any of said Estates, 
before a Justice of the Peace, and shall swear to the 
same in Manner and Form prescribed in said Act, and a 
Certificate thereof from the Justices being produced, the 
Commissioners of Claims shall allow it as though the Per- 
son had sworn to the same before them ; any Thing in 
said Act to the contrary notwithstanding. 

And whereas many good ISidjjects of these United 
States who are in the Army, or in Europe, may have 
Demands against the Estates of said Conspirators or 
Absentees, but by Reason of Absence cannot exhibit their 
Claims to the Commissioners : 

Be it enacted. That the Judges of Probate in the 
several Counties in this Commonwealth, be, and they are 
hereby directed to allow a further Time of Two jNIonths 
for Creditors to bring in and prove their Claims ; and 
where Commissioners are not appointed, the said Judges 
are hereby directed to appoint them, and to have them 
sworn to the faithful Discharge of the Trust reposed in 
them. And in order that the Creditors who have proved 
their Claims may not l)e kept out of their Money 'till all 
the Claims are exhibited and proved. 

Be it enacted. That the Committees appointed to sell 
the Estates of said Conspirators and Absentees, shall pay 
the Creditors in Manner mentioned in said Act ; provided 
said Creditors will give Bond, with Sureties, to refund and 
pay back their rateable Parts and Proportions, in Case 
said Estate shall prove Insolvent, in order that all the 
Creditors may receive in Proportion to their Demands. 
And said Committees are hereby directed not to keep 
any Money arising from the Sale of said Estates on 
Hand, but immediately to pay the same into the Treas- 
ury, except so much as shall be necessary to discharge 
the Debts exhibited to them in Manner prescribed 
in said Act. And the Money so paid into the Treas- 
ury, shall be appropriated solely for the Purpose of 



178a — Chapter 53. 125 

paying the Officers and Soldiers of tlie Massachusetts 
Line of the Army their Depreciation Notes, agreeable to 
a Resolve of the Third of March last, and their Thiee 
Months Wages, agreeable to a Resolve of the Eighth 
of said March. And all Creditors who shall exhibit 
and jn-ove their Claims after the Money is paid into the 
Tri asury b}^ said Committees, shall receive the same 
from the Treasury, in the Way and Manner prescribed 
in said Act. 

And whereas many Creditors have recovered Judgment 
in due Course of Laiv, ar/ainst the Estates of said Con- 
spirators and Absentees, but by the Laws of the State, 
Execution has been stayed. 

Be it therefore enacted. That the Conmiissioners of ^f)Vi"VrJ°°*'" 
Claims be, and they are hereby directed to allow all ^j,'''"'''?,'^ . 
Debts recovered as aforesaid, if, when such Judgments recovered. 
are given by Deftiult, it shall be proved to the said 
Commissioners, that the Sums so recovered, were in 
Fact due and owing from the said Absentees, and to 
liquidate the same according to their real Value ; and 
to make Return thereof to the Judge of Probate as of 
other Debts, and the same shall be certified by the Judge 
and allowed and paid as other Debts. May 15, 1781. 



EESOLVES 

OF THE 

GENERAL COURT 

OF THE 

Commonwealth of Massachusetts, 



11^ NEW-E^^GLAI^D ; 



BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK, 

ON WEDNESDAY THE TWENTY-FIFTH DAY OF 

OCTOBER, ANNO DOMINI, 1780. 



BOSTON : 
PRINTED BY NATHANIEL WILLIS, 

Printer to the Honorable General Court. 

M,DCC,LXXXI. 

Reprinted by Wkight & Potter Printing Company, State Printers. 
1890. 



EESOLVES 

or THE 

GENERAL .COURT OF THE COMIVIONWEALTH 
OF 3IASSACHUSETT8. 



THE JOURNALS OF THE GENERAL COURT OF THE COM- 
MONWEALTH OF MASSACHUSETTS, UNTIL THE ORGAN- 
IZING OF EACH HOUSE WAS COMPLEATED UNDER THE 
NEW CONSTITUTION; TOGETHER WITH THE RESOLVES 
OF THE GENERAL COURT, BEGUN AND HELD AT BOSTON', 
IN THE COUNTY OF SUFFOLK, ON WEDNESDAY THE 
TWENTY-FIFTH DAY OF OCTOBEB, ANNO DOMINI, 1780. 



1780. — October Session. 

His Excellency JOHN HANCOCK, Esq ; 

Governor and Commander in Chief of tlie Army and Navy, and all 
the Military Forces of the Commonwealth, by Sea and Land. 

His Honor THOMAS GUSHING, Esq ; 
Lievitenant-G vern or. 

COUNSELLORS. 

Hon. Walter Spooner Moses Gill 

Benjamin Chadbourne Timothy Daniel son 

James Prescott Nathan Cashing 

Samuel Holten Azor Orne, Esquires. 

JOHN AVERY, jun. Esq ; Secretary. 

SENATORS. 

Hon. JEREMIAH POWELL, Esq; President. 

William Sever Joseph Dorr 

Jedediah Prebble Caleb Strong 

Jabez Fisher Stephen Choate 

Josiah Stone Jonathan Greenleaf 

Abraham Fuller Nathaniel Gorham 

Samuel Niles John Bliss 

Samuel Baker Israel Nichols 

John Pitts Samuel Osgood 

Eleazer Brooks Ephraim Starkweather 

Thomas Durfee Jah. Woodbridge 

Edward Cutts Increase Sumner 



130 



1780. — October Session. 



SENA TOES — Concluded. 



Samuel Phillips, jvm. 
Solomon Freeman 
Setli Washburue 
Thomas Rice 



Charles Turner 

James Barker 

Samuel Mather, Esquires. 



REPRESENTA TIVES. 



Hon. CALEB DAVIS, Esq ; Speaker. 
ANDREW HENSHAW, Esq; Clerk. 



For the County of Suffolk. 

( Thomas Dawes 
)i j John Lowell 
g J Thomas Walley 
g I Samuel Aiistin 
W I John Rowe, and 

y Samuel Barrett, Esq'rs. 
Roxburij, Dr Elipha. Downer. 
Dorchester, Eben Wales, Esq; 
Milton, Sam. Ilenshaw, Esq ; 
Braintree, Rich. Cranch, Esq; 
Weymouth, Nath. Bayley, Esq ; 
Himjhdm, Capt. Cha. Cushing. 
Cohasset, Lieut. Step. Stoddard. 
Dedham, Mr. Abner Ellis. 
Mcdfield, Mr. Daniel Perry. 
Wrcntham, Mr. Lem Kolloek. 
Brookline, Hon. B. White, Esq; 
Needham, Col. Wm. M'lntosh. 
Stoughton, Elijah Dunbar, Esq ; 

Mr. Ciiristo. Wadsworth. 
Stough- ) Mr. Thomas Kings- 
tonham, \ buiy. 

Medivay, Capt. Jona. Adams. 
Bellinghani. 
Hull. 

Waipole, INIajor Seth Bullard. 
Chii^cn, Capt. Jona. Green. 
Franklin, Dr. John Metcalf. 
Foxborough, Mr. John Everett. 

County of Essex. 

Salem, Mr. Samuel Ward, 
Mr. Benj. Goodhue, 
Mr. Jacob Ashton, 
Mr. Henry Higginson. 
Danvers, Col. Is 'Hutchinson. 
Ipswich, Dummer Jewett, Esq; 

Ca]jt. John Patch. 
Newbury, Enoch Sawyer, Esq ; 

Moses Little, Esq; 
Newbury-Port,, Jon Titcomb,Esq ; 
Nathaniel Tracey, Esq ; 
Marblehead, J. Glover, Esq ; 

William Lee, Esq; 



Marblehead,B.on.E\h. Gerry, ^sq ; 

Joshua Orne, Esq ; 
Lyn7i, Mr Samuel Burrill. 
Andover, Col Sam. Johnstone. 

Capt. Samuel Holt. 
Beverly, Col. Lark. Thorndike, 

INIr. Jona. Conant. 
Rowley, Capt. Benj. Adams 
Salisburi/, Major Joseph Page 
Haverhiil, Jona. Webster, Esq ; 
Gloticester, Peter Coffin, Esq; 
Topsfield, Capt. Step. Perkins 
Almsburi/, Col. Jona. Bagley 
Bradford, Mr. Peter Rus.»;ell 
Boxford, Major Asa Perley 
Methucn 
Wenham 
Mannncstcr 
Middle toji 

County of INIiddlesex. 

Cambridge, Col. S Thatcher, 

Major Tho. Farrington. 
Charlestoivn, Mr. Tim. Tufts 
Watertown, Jon. Brown, Esq; 
Woburn, I>oam. Ba dwin, Esq; 
Concord, IMajor Joseph Hosmer 
Newton, INIr. Thomas Parker 
Reading, Capt James Bancroft 
Marlborough. Mr Simon Stow 
Billerica, Major Edw. Farmer 
FraminghavuMr. Wiliara Bi'own 
Lexington, Mr. R. Harrington 
Chelmsford, Col S. SpauUling' 
Sherburne, Mr. Dan Whitney 
Sudbury, Col. Ezekiel Howe 
Easi-Sudbury, Capt. R. Hurd 
Maiden, Capt. Benj. Blaney 
We.-'ton, Josiah Smith. Esq ; 
Medford, Josiah Brooks, Esq ; 

ikrlMe^ \ ^^^^- ^'"'" ^^"^"^^ 

Westford, Capt. Joseph Reed 

Waitham, Jonas Dix, Esq; 

Oroton, 

Pepperell, Col. Henry AVoods 



1780. — October Sessiox. 



131 



REPRESENTATIVES — CotiHnued. 



Dracid, INIr. Joseph B. Vernum 

Bedford, Capt. John Moore 

Dundablc, Hon. John Tyng 

Lincoln, 

Teicksbury, Jona. Reed, Esq ; 

Hopkinton 

Stow 

Shirley 

Townsend 

Holliston 

Acton 

Wihinngton 

Ash by 

Nalick 

Stoneham 

County of Hampshike. 

Springfield, Mr. Luke Bliss 

Dr. Chaui'fcy Brewer 
W.- Springfield, Mr. A. Burbank 
Justin Ely, Esq ; 
Wilbrahain 
Northmnpton, Mv. E. AV^rio^ht 

Mr. Quartus Pomeroy 
Southrimpton 
Hatfield 

Hadley, Mr. Jonathan Smith 
South Hadley, Honorable Noah 
Goodman, Esq. 
Amherst, Mr. Nath. Dickinson 
Granby, Capt. Phinehas Smith 
Whately 
Williamsburgh 
Deerficld, Mr David Sexton 
Greenfield, JNIr. David Smeacl 
Shelburne, Capt. John Long 
Weslfield 

Sunderland Mr. Israel Hubbard 
Montague, Moses Gunn, Esq ; 
Brimfield. Mr. Daniel Burt 
Soidh-Brimfield, Mr. D. Butler 
Monson, Dr. Abel Goodale 
Comvay 
Pelham 

Greenwich, Dr. N. Stebbins 
Grafiville, Oliver Phelps, Esq; 
Belchertonm, Mr. Daniel Smith 
Murrayfield, Dr David Shepard 
Southwick, Mr. William Moore 
Blanford 
Leverett 
Palmer 
Neiv- Salem 
Culerain 
Warwick 
Ware 



Bernardston 

(Jharlcniont 

Ashfield 

Worth ington 

Sautes bury 

Ludlmv 

Merryfield 

Norwich, John KirkLand, Esq ; 

No. 7. 

West-Hamjyton 

Cummington, Capt. W. Ward 

Chesterfield, Capt. Beuj. Barney 

Chesterfield- Gore 

Ervinshire 

Buckland. 

Coimty of Plymouth. 

Plymouth, Hon. James Warren 
Scitiiate, Mr. Daniel Damon 
Duxborough, Mr. J. Peterson 
Marsh/ield, Capt T Waterman 
Bridgewater, Capt N. IMitchell 
Caj^t. David Kingman 
Middleboro'' Mr. Zebedee Sprout 
Rochester, Col. Eben. White 
Plympton, Lieut. Fra Shurtlilf 
Pembroke, Capt. Joseph Smirh 
Hanover, Mr. David Jacobs 
Kingston 
Abington 
Halifax 
Wareham 

County of Barnstable. 

Barnstable, X. Marston, Esq ; 
Capt. Sturgis Gorham 
Sandwich, Joseph Xye, Esq ; 
Yai'mouth, David Thatcher, Esq ; 
Eastham, Thomas Paine, Esq ; 
Haricich, Joseph Nye, Esq ; 
Wellfleet, Elisha Dcfane, Esq ; 
Falmouth, Mr. Samuel Brown 
Chatham 
Truro. 

County of Bristol. 

Taunton, Capt. Tcha. Leonard 
Col. Xath. Leonard 
Rehoboth, Mr. S. Peck 
Swanzey 
Dartmouth 

Abington, Lieut Sam. Brown 
Norton, Capt. Isaac Hodges 
Mansfield, Capt Sam, \\'hite 
Attleboro' Col. John Dngget 
Dighton, Mr. Abiezer Phillips 



132 



1780. — October Session. 



REPRESENTA TIVES — Continued. 



Freetown, Mr. J. Hathaway 
Rainhmn, Cajst. Isr. Washburn 
Berkley, Samuel Tobey, Esq ; 
Easton, 

County of York. 

York, Edward Grow, Esq ; 

Kittery, John Fi'ost, Esq ; 

TFe/fc, Nath. Wells, Esq; 

Berwick, Mr. John Hill 

PejyjjerreUhoro'' T. Cutts, Esq ; 

Arundel 

Biddeford 

Lebanon 

Sanford 

Buxton 

Frybtirgh 

Coxhall 

Massabeseek 

Brownjield 

Limerick 

Little/alls. 

County of Dukes-Countt. 

Edgartown 

Chilmark 

Tisbury. 

County of Nantucket. 
Sherbur7ie. 

County of Worcester. 

Worcester, Samuel Curtis, Esq ; 
Lancaster, Capt. W. Putnam 
Mendon, Edward Rawson, Esq ; 
Brookjield, Capt. Phin. UiDham 
Oxford, Capt. VVm. Hancock 
Charlton, Mr. Caleb Anmiidown 
Sutton, Amos Singletary, Esq ; 
Leicester, Col. Wm. Henshaw 
Sx)encer, John Bisco, Esq ; 
Rutland, John Fessenden, Esq ; 
Oakham, Capt. Isaac Stone 
Barre, John JNlason, Esq ; 
Paxton 
Hubbardston 

New-Braintree, Major Joseph 
(Boardman 
Uiyton 

Southborough, Capt. Newton 
Westborough 

Northboro'' Dr. Paul Newton 
Shrewsbury, Mr. Eph Beman 
Limenburg, Mr. Eastabrook 
Fitchburg, Ciipt. T. Cowden 



Uxbridge, Mr. Nich. Baylies 

Harvard, Col. Josiah ^\^litney 

Dudley, Mr. Edward Ua,vis 

Bolton, Mr. Eph. Fairbanks 

Sturbridge, Dr. Joshua Harding 

Hardwick, Jona. Warner, Esq: 

Plolden, John Child, Esq ; 

Western, Col. Stone 

Douglass, Lieut. Eben. Marsh 

Royalston. John Fry, Esq ; 

Westminster, Mr. Abner llolden 

Princeton 

Northbridge, Mr. Bacon 

Leominster 

Grafton 

Petersham 

Templeton 

Ashburnham, 

Ward 

Winchendon 

Athol 

Milford 

County of Cumberland. 
Falmouth 

N. Yarmouth, John Lewis,,Esq ; 
Cape-Elizabeth, CI. Jordan, Esq ; 
Scarborough, Dr. Sam. Small 
Gorham, Solo. Lombard, Esq ; 
Bru7isicick 
Windham 
Jiarpsivell 
N civ- Gloucester 
Gray 

Royalborough 
Pearsontown 
Raymondtotvn 
Bakerstoivn 
Bridgetown 
Sylvester 

County of Lincoln. 

Pownalboro'' Ezra Taylor, Esq ; 

Georgetown, Major W. Lithgow 

Tojisham 

Newcastle 

Woolwich 

Thomastown 

Boivdoinham 

Boothbay 

Bristol 

Vassalborough 

Medumcook 

Winslow 

Wcddoborough 



Choj). 1 



1780. — October Session. 133 



REPIiESENTA TIVES — Concluded. 

Edgecombe Egremont, Capt. John Holmes 

Pittston Tgringham, J^ieut. Jos Willsoii 

HoUowell S'tockbridge, John Bacon, Esq ; 

Bellfafit Becket, 'Sath Kingsley, Esq ; 

Warren Windsor, William ("lark. Esq; 

St. Georges Hancock, Mr. Samuel Hind 

Wmthro}) Itichmond, Mr. Najth Bishop 

^ , _, West-Stockbridge, Mr. NA'illiams 

County of Berkshire. Adam.'^, Capt. Enoch Parker 

Sheffield, Dr. Silas Kellog, Loudon 

John Ashley. P^sq; Wa.shington, Mr. Ahimaz Easton 

Great-Barrington, Mr. J. Nash Lee 

Partridgeficld Alford 

Willlamstown Ncni-A Iford 

Neiv Marlboro'' Jab. Waid, Esq ; Ashawelet Equivalent 

Lanesboro'' Col. Jona. Smith N. Providence 

John Harris, Esq ; Sandisfield 

Lenox Tauconick-Mountains. 

Pittsjield, Char. Goodi'idge, Esq ; 

Chapter 1. 

RESOLVE FOR ADJOURNING THE SUPERIOR COURT OF JUDI- 
CATURE, ETC. TO BE HOLDEN AT CAMBRIDGE, IN THE 
COUNTY OF MIDDLESEX, TO THE SECOND TUESDAY OF 
NOVEMBER NEXT. 

Wliereas hy the election of the Hon. James Prescott, 
Exq; to the office of Senator, and his accejjfance of the 
same, the office of /Sheriffi in the county of Middlesex 
becomes vacant, arid there not being time agreeable to the 
const it^it ion for the apjpointment of an officer to that office^ 
before the last Tuesday of October cuiTent, by means 
ichereof the Sujperior Court of Judicature, Court of Assize 
and General Gaol Delivery, tcJiich by law is to set at Cam- 
bridge, witJiin and for the said county of Middlesex, on 
that day, will not be able to proceed to business, iv hereby it 
becomes necessary that the said Court shoidd be adjourned: 

It is therefore Resolved, That the Superior Court of 
Judicatui-e, Court of Assize and General Gaol Delivery, 
which otherwise would be holden at Cambridge, within 
and for the county of Middlesex, upon the last Tuesday 
of October current, shall be holden at Cambridge, within 
and for the county of Middlesex, upon the second Tues- 
day of. J}^ov ember next, and that all appeals, writs, recog- 
nizances, warrants, and other processes, already issued, 
taken or depending in the said county of Middlesex, which 
were to have been returned or proceeded upon, and all 
matters and things which mi^ht be heard and determined 



134 1780. — October Session. 

by the said Court at the time appointed by the hiw of 
this State for the holding the said Court at Cambridge as 
aforesaid, shall be valid and stand good to all intents and 
purposes in law, and shall be returned and proceeded 
upon, heard and determined by the said Court at the time 
appointed by this resolve for holding the said Court. 

Octoher 28,1780. 

Chapter 2. 

Chary 2 i^esolve empowering the committee for auditing and 
^ ' examining accounts, to take possession of the room 

IN THE house lately BELONGING TO WILLIAM JACKSOy, 
an absentee, as also THE COMMITTEE FOR ISETTLING 
WITH THE ARMY. 

Wliereas by a resolve of this Court, it is ordered, that 
the rooms in the province-house (so called) imp)roved by the 
committee for auditing x)ublic accounts, be cleared for the 
accommodation of the Governor and Council, and no place 
is provided for the said committee : Therefore, 

Resolved, That the committee for auditing and examin- 
ing the public accounts, be impowered and directed, and 
they are hereby accordingly impowered and directed, to 
take possession of the rooms immediately over those now 
occupied by them. October 31, 1780. 

Chapter 3. 

Chan S RESOLVE on the petition of LIEUT. WILLIAM GORDON, CO^Y- 
l^fliqj' O MISSARY AT DARTMOUTH. 

On the petition of William Gordon, commissary of the 
garrison at Dartmouth : 

Resolved, That his Excellency the Governor, with the 
advice of his Council, is vested with sufficient power and 
authority, by the constitution of government, to direct 
the Commissary-General to deliver the quantity of beef 
mentioned in the aforesaid resolve, to whom they in their 
wisdom shall judge proper to receive the same, therefore 
it is unnecessary for the two houses to take an}'' order on 
said petition. November 1, 1780. 



Chap. 4 



Chapter 4. 

A COMMITTEE APPOINTED TO EXAMINE MUSTER-ROLLS. 

Ordered, That Abraham Fidler and 8eth Washburne, 
Esq'rs. Mr. Sergeant audi Mr. Farrington, be a committee 
to examine muster-rolls. October 31, 1780. 



1780. — October Session. 135 

Chapter 5. 

A GR.VXT OF SEVEX POr.V/J.S* THREE SHILL1\'GS TO PETER (J/idy) 5 
RUSSELL, FOR TUB USE OF THE SELECTMEN OF BRADFORD. -'- ' 

Resolved, That there be allowed and paid out of the 
jHiblic treasury, to Peter Ilussell, for the use of the 
selectmen of Bradford, the sum of seven 2^ounds three 
shillinr/s, new currency, in full discharge of their accounts 
for taking care of John Hood, a poor transient person, 
who fell sick in said town in June last past. 

November 2, 1780. 

Chapter 6. 

RESOLVE DIRECrrXG THE TREASURER TO EXCHANGE TIVEXTT (JJiQp (j 
DOLLARS OF THE NEW EMISSION FOR JONATHAN NASH. ^ ' 

Whereas it appears that Mr. Jonathan Xash Jias in his 
possession twenty dollars of the new emission, which is so 
defaced as to be rendered unfit for circulation : Therefore, 

IlesoJved, That the Treasurer of this Commonwealth 
be, and he hereby is directed, to exchange the same. 

December 1, 1780. 

Chapter 7. 

RESOLVE ON THE PETITION OF DR. WILLIAM GORDON, E^FOW- ni.f^.y. 7 
ERING WILLIAM PHILLIPS, ESQ; TO DISPOSE OF THE SHIP ^''"i''- 
MENTIONED. 

On the petition of Dr. ^Villiam Gordon, attorney for 
Joseph Favkev, pray inr/ for liberty to dispose of the ship 
Joseph and Mary, noio lying in the harbour of Danvers : 

Resolved, That the prayer of the petition be granted, 
and the Hon. William l*hillip)s. Esq; agent for the said 
William Gordon, be impowered to take the .said ship, with 
her appurtenances, and dispose of the same for the benefit 
of Joseph Parker, linnen draper, of the city of London, 
any resolve of the late Provincial Congress or former 
General Court to the contrary notwithstanding. 

November 2, 1780. 

Chapter 8. 

RESOLVE DIREC;TIXG the COMMITTEE FOR .SUPERINTENDING nj,^..^ Q 
PURCHASES, TO CONTINUE THEIR PUBLICATION OF THE 11th ^'''"/''- '-^ 
OCTOBER LAST. 

Resolved, That the committee for superintending pur- 
chases be and hereby are directed, to continue their pub- 



136 1780. — October Session. 

lication of the 11th of October last, giving leave to the 
several towns in this Commonwealth to pa}^ money instead 
of beef, provided the money be paid on or before the 20th 
day oi JSfoveyaher instant. Novemher 2, 1780. 



Chapter 9. 

Chan 9 ^ grant of forty-five pounds, to the hon. thomas 

^ ' CUSHING, ESQ; AND OTHERS, COMMISSIONERS TO MEET IN 

CONVENTION AT HARTFORD. 

Resolved, That a sum not exceeding forty-Jive pounds, 
of the new emission, be paid out of the public treasury, 
to the Honorable Thomas Gushing, Azov Orne, and 
George Partridge, Esq'rs, commissioners on the part of 
this Commonwealth, to meet in Convention at Hartford, 
on the 8tli instant, on the business of the United States, 
to pay their expences, they to be accountable for the 
same. Novemher 4, 17 SO. 



Chapter 10. 

Chcni 10 I^ESOLVE DIRECTING THE COMMITTEE APPOINTED TO SUPER- 
^ INTEND THE PURCHASE OF BEEF, ETC. TO DELIVER ALL 

THE OLD MONEY THEY MAY RECEIVE IX LIEU OF BEEF OF 
THE SEVERAL TOWNS, BY A RESOLVE OF SEPTEMBER lH-vn 
LAST, TO THE TREASURER, WHO IS DIRECTED TO EXCHANGE 
THE SAME FOR THE NEW EMISSION OF MONEY, AND GRANT- 
ING THE BOARD OF WAR FIVE IIUSDRED POUNDS. 

Whereas it is necessary that a quantity of beef and pork 
should be provided for theuse of this Gommonivealth, and 
ivhereas the season proper for the purchase thereof is far 
advanced: Therefore, 

Resolved, That the committee appointed to superintend 
the purchase of beef, &c. be, and they are hereby directed, 
to deliver into the Treasurer's office, all the old money 
they may receive of the several towns in lieu of the beef 
required by a resolve of the General Court of the 25th of 
September last. 

And the Treasurer is hereby directed, immediately 
upon the reception thereof, to exchange the same with 
the continental commissioner of loans, agreeable to the 
act of the General Court of the 5th oi May last, and when 
so exchanged to rei)ay said committee such sum or sums 
of the new money as shall be equal in value to the amount 



1780. — October Sessiox. 137 

of the old money he may receive of said committee, 
reckoning one dolhir of the new emission for forty of 
the old. 

And the Treasurer is failher directed, as soon as may 
be, to pay the Board of War the sum oi Jive thousand 
pounds of the new money, which may arise and remain 
upon his hand, by the exchange aforesaid, to be expended 
for the sole purpose of purchasing and salting up a 
quantity of beef and pork, for the use of this Common- 
wealth, in such proportions as they may think most for 
the advantage of the public ; and his Excellency the 
Governor, with the advice and consent of the Council, 
is herel)y requested to grant his warrant on the Treas- 
urer for the sum of Jive thousand pounds, agreeable to 
this resolve. November 4, 1780. 

Chapter 11. 

RESOLVE APPOINTING A COMMITTEE TO CONCUR AND PAY (Jhan. 11 
ACCOUNTS, AND GRANTING THEM TWO THOUSAXD POUNDS ^ ' 

IN THE NEW EMISSION. 

Resolved, That Richard Cranch, Lemuel Kollock, 
Joseph Hosmer, Jonathan Webster, and JVoah Goodman, 
Esq'rs, be, and they are hereby appointed a committee on 
the part of this House, whose business it shall be to 
receive, examine, and pass upon all accounts (not other- 
wise ordered) which shall be exhibited to them for allow- 
ance, for any services done in pursuance of any resolve 
or order of the General Court, provided such accounts 
be properly vouched and authenticated, and the doings of 
said committee respecting such accounts, or any three of 
them (who are hereby appointed a quorum) shall be con- 
sidered as valid as any vote or resolve of this house, 
during the recess as well as in the sitting of the General 
Court. 

And it is further Resolved, That Jabez Fisher and 
Ephraim Starkweather, Esq'rs. shall be a committee on the 
part of the Senate, and they are hereby authorized and 
impowered, both in the sitting and recess of the General 
Court, to concur and pay all such accounts as shall have 
been allowed by the committee of the House as aforesaid, 
always taking proper vouchers for the same. 

And it is further Resolved, That there be paid out of 
the public treasury to said committee of the Senate, a 



138 1780. — October Session. 

sum not exceeding two thousand pounds in the new 
emission of money, to enable them to pay otF accounts 
as aforesaid, said committee to be accountable for the 
expenditure of the money they shall so receive. 

And it is further Besolved, That the committee on the 
part of the House shall keep a particular record, ex- 
pressing the names of the persons whose accounts they 
shall allow, the towns to which they belong, for services 
done, and the sums allowed to them respectively, which 
record shall be laid before this House once in every 
session, for their inspection. 

And it is also liesolved. That the committee on the 
part of the Senate shall from time to time lay their 
accounts, which they shall have paid, together with the 
vouchers, and an account of their expenditures, before 
this House, that said committee of the Senate may be 
discharged for such sums of money as may appear to 
have been by them expended, provided always that 
nothing in the foregoing method of examining, allow- 
ing, and paying accounts shall be considered as a 
precedent for the future, but to have been adopted 
merely from the necessity of the present times. 

November 4, 1780. 

Chapter 13. 



Chap. 12 RESOLVE RECOMMEXDING TO NATIIANl 
^ ' TO SUPPLY JABEZ HATCH, ESQ; D. Q. 



IIEL APPLETON, ESQ; 
M. G. WITH THE SUM 
OF TEN THOUSAND DOLLARS. 

On the representation of Jabez Hatch, D Q. M. G. 
for the State of Massachusetts, d'c. praying for the as- 
sistance of this Court to enable him to send forward the 
Continental cloathing to camp, for reasons set forth in his 
me^norial : 

Resolved, That it be recommended to Nathaniel Ap- 
pleton. Esq ; (continental Loan Officer in this State, to 
supply Jahez Hatch, Esq ; D. Q. M. G. with the sum of 
ten thousand dollars, of the new emission, to enable him 
to accomplish said business, and other Continental con- 
cerns, taking duplicate receipts from said Hatch, to be 
accountable for the expenditure of the same. 

November 6, 17S0. 



1780. — October Session-. 139 

Cliapter 13. 

RESOLVE ON THE PETITION OF COL. JOSIAH BREWER, AND OF CIlCip. 13 
ORAXA, AND OTHER CHIEFS OF THE PEXOBSCOT TRIBE. ^ 

The committee on the petition of Col. Josiah Brewer, 
and of Orana, and others, chiefs of tlie Penobscot tribe 
of Indians, take leave to report the following Resolve, viz. 

In consideration of the attachment and services of the 
Penobscot tribe of Indians, and the advantages of their 
connection and trade: 

Resolved, That the Commissary-General be, and hereby 
is directed to make provision for the accommodation and 
subsistance of the person whom the French Consul has 
recommended, on his way to join the Penobscot tribe, in 
order to reside with them as an instructor, and to pro- 
cure and deliver to Col. Josiah Brewer, for the use of the 
Indian chiefs, now in the town of Boston, the following 
articles, viz. — One regimental coat, six fire-arms, six 
pounds of powder, twenty-four pounds of ball and shot 
ibr their defence on their return home : — And the fol- 
lowing articles for the use of the ftimilies of those who 
fell in battle in the service of the United States, viz. — 
Twenty-four yards stronds or duflell, thirty-six yards of 
dowlass or coarse linnens, one barrel of pork, two bar- 
rels of flour : — And the following articles for presents to 
the tribe, to be as equally as possilile divided among * 

them, under the direction of Col. Brewer, viz. — One 
hundred pounds weight of jjowder, with four hundred 
pounds weight of shot and ball, one hundred jack-knives, 
and tifty hatchets. — And that the Commissary-General 
be directed to make sale of the furrs now on hand, and 
that such part of the produce thereof as may necessarily 
be appropriated to the aforementioned purposes, reserving 
the ballance in his hands for procuring such stores as this 
Court shall see fit to order for the supply of the garrison 
at Fort Halifax, any order or resolve to the contrary 
notwithstanding, November 6, 1780. 

Cliapter 14. 

RESOLVE ON THE MEMORIAL OF RICHARD DEVEXS, ESQ; COM- (JJirnj I4 
MISSARY-GENERAL. -^ ' 

On the memorial of Richard Devens, Bsq ; Commis- 
sar i/-General of this Commonwealth: 

Mesolved, That the said Richard Devens, Esq ; be, 



1^0 1780. — October Session. 

and he is hereby directed to issue rations in flour or 
bread, agreeable to establishment, the resolve of Sept. 
6, 1779, to the contrary notwithstanding. Also, 

Resolved, That the said Commissary be, and he is 
hereby directed, to sell at pul)lic auction, or otherwise, 
as he shall think best, a quantity of damaged nails, rice, 
and beef, mentioned in his memorial, he to be account- 
able for the neat proceeds of the same. 

And it is further Resolved, That there be paid out of 
the treasury of this Commonwealth, to the said Richard 
Devens, the sum of one thousand Jive hundred pounds, of 
the new emission, for the purposes mentioned in his 
memorial, he to be accountable for the same. 

November 6, 1780. 

Chapter 15. 



ChaV 15 I^ESOLVE DIRECTING THE TREASURER TO ISSUE HIS W 
■^ * TO THE SELECTMEN OR ASSESSORS OF THE TO^ 



WARRNTS 

)WNS OF 

MENDON AND MILFOHD, REQUIRING THEM TO ASSESS THE 
INHABITANTS OF SAID TOWNS, THEIR SEVERAL PROPOR- 
TIONS. 

On the petition of the Assessors of the town o/Mendon, 
and the town of Mil ford : 

Resolved, That the Treasurer and Receiver-General be, 
and he hereby is directed forthwith to issue his warrants, 
in usual form, to the Selectmen or Assessors of the towns 
of Mendon and Milford respectively, requiring them 
forthwith to assess the rateable inhabitants of said towns 
of Mendon and Milford, in the sums following, viz — 
The town oi Mendon in the sum of ^^fo hundred and fifty- 
five pounds, and one shilling, and the town of Milford in 
the sum of one hundred and sixty-six pounds and three 
shillings, the said sums being the proportion of the said 
towns respectively, of a tax of seventy-two thousand 
pounds, which, by a late act of the General Court, was 
apportioned and ordered to be assessed on the several 
towns and other places within this Commonwealth, for 
the purposes mentioned in the said act. 

And it is further Resolved, That in all future taxes, to 
be apportioned and assessed on the several towns and 
other places within this Commonwealth, by any act or 
acts of the General Assembly, before a new and general 
valuation shall be established, the said towns of Mendon 



1780. — October Session". 141 

and MUford shall be taxed according to the following 
rule, viz. — The town of Mendon in the proportion of 
three pounds ten shillings and ten pence to one thousand 
pounds, and the town of Milford, tioo pounds six shil- 
lings and two pence to a thousand pounds. 

November 6, 1780. 

Chapter 16. 

RESOLVE FOR CONTINUING THE COMMITTEE APPOINTED TO (Jhan IG 
SUPERINTEND PURCHASES OF BEEF, &c. ^ ' 

On the representation of Samuel Osgood and Oliver 
Phelps, JSsgrs.prat/ing to be discJiarged from any further 
service on the committee for superintending the purchases 
of beef &c. for reasons set forth in their memorial: 

Resolved, That the request of said memorialists be not 
granted ; and that said Samuel Osgood, Oliver PheJps, 
and Elijah Hunt, Esqrs. be continued on said com- 
mittee, to prosecute the important business for which 
said committee w^ere appointed. November 6, 17S0. 

Cliapter 17. 

RESOLVE ON THE PETITION OF CHARLES GOODRICH, ESQ. CkciV 17 

On the petition of Charles Goodrich, Esq; praying 
that a tract of land may b'e confirmed to him, as men- 
tioned in said petition. 

Resolved, That the petitioner notify the inhabitants of 
the town of Hancock, who may be concerned, by serving 
the town clerk of said town with a copy of this petition, 
and the order of Court thereon, fourteen days before the 
second Thursday of the next sitting of the said General 
Court, that they may shew cause, if any they have, why 
the prayer thereof should not be granted. 

November 6, 1780. 



Cliapter 18. 

RESOLVE ABATING ONE HALF PART OF THE TAX SET TO THE 
TOWN OF TflOMASTOy, IN THE COUNTY OF LINCOLN, 
SINCE THE 1st DAY OF MAT LAST. 

On the petition of a number of the inhabitants of the 
toivn of Thomaston, in the county of Lincoln, setting 
forth their distressed situation on account of the enemy in 



Chajy.lS 



1^2 1780. — October Session. 

that quarter, whereby their usual supplies are in a man- 
ner cut off, 7chich renders many of the inhabitants utterly 
unable to pay their taxes at p)vesent : Therefore, 

Resolved, That the one moiety or half part of all the 
taxes set to the said town of Thomaston, since the first 
day of May last, be abated ; and the Treasurer of this 
Commonwealth be, and he hereby is directed, to suspend 
the calling on said town for more than the one half of the 
aforesaid taxes. November 7, 1780. 

Chapter 19. 

ChaV. 19 RESOLVE DIRECTING THE TREASURER TO GIVE OTHER NOTES 
_ ' FOR THE DEPRECIATION OF SOLDIERS WAGES, IN LIEU OF 

THOSE THAT HAVE BEEN TAKEN OUT IN CONSEQUENCE OF 
FORGED ORDERS. 

Whereas it appears to this Court, that some of the sol- 
diers notes for the dej)reciation of their icages, have been 
taken out in consequence of forged orders: Therefore, 

Resolved, That when any such soldier shall apply to 
the Treasurer for his notes, and it shall appear that they 
have been taken out as aforesaid, the Treasurer be, and 
he is hereby directed, to deliver to such soldier or his 
order, other notes in lieu thereof. And the Treasurer is 
further directed, immediately to demand restitution of 
those who have received notes on such forged orders ; 
and in case of their neglect, that he take such steps as 
the law requires to bring them to justice, and secure the 
State from damage. 

And in such cases his Excellency the Governor and 
Council are hereby requested to issue their warrants on 
the Treasurer for the notes aforesaid. 

November 7, 1780. 



Chap, 20 



Chapter 20. 

RESOLVE GIVING INSTRUCTIONS TO THE COMMITTEE AP- 
POINTED TO SETTLE WITH THE ARMY, AND THE COM- 
MITTEE FOR STATING AND METHODIZING ACCOUNTS FOR 
THEIR PROCEEDINGS. 

Whereas this Court, in their present session, have 
appointed Loammi Baldwin, Thomas Walley, and Samuel 
Austin, a committee for settling with this State's quota 
of the Continental army; and Jiave also appointed John 
Deming, Peter Boyer, and Stephen Gorham, a com- 



1780. — October Session. 143 

mittee for stating and methodizing tlie "puUlic accounts; 
and as it is necessary that said Committees should have 
some instructions for their proceedings : 

Therefore, liesolved, That the committee for settling 
with the army be, and they hereby are directed, to pro- 
ceed in the settlement of the depreciation of the wages 
of this State's quota of the Continental army, and such 
other officers and soldiers as they have been or may be 
directed to settle with by resolves of the General Court, 
and certify the same to his Excellency the Governor and 
Council, and in all other respects, as to said settlement, 
to follow the directions given by the former General 
Court, in their several resolves. 

Also Resolved, That the committee for methodizing 
and stating the public accounts, be, and they hereby are 
directed, to })roceed in their business according to the 
several directions of former General Courts ; and also that 
they ]:>e joined to the committee for settling with the army, 
when the business of their own department will admit of 
it, and the necessity of the case shall require it. 

November 7, 1780. 



Chapter 21. 

RESOLVE MAKING AN ESTABLISHMENT FOR THE COMPANY 
OF MATROSSES INLISTED OUT OF THE SEVERAL COMPANIES 
LATELY UNDER THE COMMAND OF LIEUTENANT-COLONEL 
PAUL REVERE, IN THE NEW EMISSION OF MONEY. 

The committee of both Houses, to who7n ivas referred 
the examination of the establishment made to a company 
of matrosses to be inlisted out of the several companies 
lately under the command of Lieutenant- Colonel Paul 
Revere, take leave to report, as their ojjinion, that the 
establisJiment made to the company aforesaid, on the 
27th day of April, 1780, is ambiguous, and not clearly 
expressed : Therefore , 

Resolved, That the establishment for the wages for the 
company aforesaid, made on the aforesaid 27th day of 
April, be paid in the new emission mone}', and the bounty 
of one hundred dollars, mentioned in said resolution, to be 
paid to each non-commissioned officer and private soldier, 
on their passing muster, be paid in the old continental, or 
an equivalent thereto in the new emission money. 

November 7, 1780. 



Chajy. 21 



144: - 1780. — October Session. 



Chapter 22. 



Chap. 



22 RESOLVE DIRECTING THE COMMITTEE ON ACCOUNTS TO 
EXAMINE THE ACCOUNTS OF HORSES PROCURED BY THE 
SEVERAL TOWNS IN THIS COMMONWEALTH. 

Whereas hy a resolve of the General Court, jyassed the 
2od day of June last, the selectmen of the several towns, 
who are by the said resolve called upon to procure horses 
for the j)ublic service, are protnised payment for the same, 
and for their time and expence in said se7'vice, by having 
the sum total of these accounts deducted from a future 
State tax, or by receiving notes therefor, as they may 
choose: And wheieas by a resolve of said Court, passed 
September 3()th, 1780, the Treasurer is directed to issue 
notes in favor of such selectmen as shall cJiuse to receive 
the same, for the ^^^(U^ose aforesaid, but no provision is 
made for examining and allo"ing the accounts of such 
selectmen, nor for ivarrants being draion on the treasury 
for payment of the same: Therefore, 

liesolved. That the committee on accounts be, and 
hereby are directed, to examine, and if reasonable, to 
allow the aforesaid accounts, and certif}' the same to 
his Excellency the Governor, who is hereby requested, 
with the advice of his Council, to issue warrants on the 
Treasurer for payment of the same. 

November 7, 1780. 

Chapter 23. 

Ph 9^ RESOLVE MAKING AN ESTABLISHMENT FOR SAMUEL RUGGLES, 

K^nap. ZO LATE STATE CLOATHIER, AND HIS ASSISTANT. 

Whereas it appears by a resolve of the General Assem- 
bly of this State, of the Ath of October last, on the peti- 
tion of Samuel Ruggles, late State clothier, that his pay 
should be the same as a Captain in the army, and his 
assistant the same as an Ensign. 

Resolved, That there be paid out of the public treasury 
of this State, to Samuel Buggies, late State Clothier, 
the sum of twelve pounds per month, for his service in 
said office and six pounds per month for his assistant, in 
bills of the new emission, the}^ accounting for all monies 
that has been advanced to them, any resolve to the 
contrary notwithstanding ; and that the committee on 
accounts be, and hereby are directed, to pass on their 
accounts as soon as mav be. November 7, 17 SO. 



1780. — October Session. 145 

Chapter 24. 

RESOLVE FOR ADDRESSING THE GENERAL COURT OF THE (JJidj)^ 24 
COMMONWEALTH OF MASSACHUSETTS, WHEN PETITIONS ^ ' 

ARE INTRODUCED TO EITHER HOUSE OF ASSEMBLY. 

Resolved, That all petitions offered to either House of 
the General Assembly in their legislative capacity, be 
directed to the Senate and House of Representatives of 
the Commonwealth of jMassachusetts, in General Court 
assembled ; and that the Secretary, the clerk of the 
Senate, or the clerk of the House of Representatives 
respectively, where petitions are introduced difterently 
addressed, make them conformable to this resolve. 

Novembers, 1780. 

Chapter 25. 

RESOLVE' ADJOURNING THE COURT OF GENERAL SESSIONS OF (Jfiai). 25 
THE PEACE, AND INFERIOR COURT OF COMMON PLEAS, TO ^ ' 

BE HELD IN SALEM, IN THE COUNTY OF ESSEX, TO THE 
FIRST TUESDAY IN APRIL NEXT, TO IPSWICH WITHIN SAID 
COUNTY. 

Whereas travelling is frequently very bad at the season 
of the year when the Court of General Sessions of the 
Peace, and Inferior Court of Common Pleas, icMch by 
law are appointed to be holden in Salem, in. and for the 
county of Essex, on the first Tuesday of December, and 
by the Court-house being rendered very inconvenient and 
uncomfortable to sit in, at that season of the year, by the 
late fire in Salem, and there being no probability of much 
business to be done at that term : 

Resolved, That the said Court of General Sessions of 
the Peace, and Inferior Court of Common Pleas, by law 
to be held at Scdem, within and for the county of Essex, 
on the first Tuesday of December next, be adjourned to 
the first Tuesday in April next, to Ipsicich, within said 
county : And all writs, processes and recogTiizances, 
returnable to, and all appeals made to the said Court 
of General Sessions of the Peace, and Inferior Court of 
Common Pleas, appointed by law be holden at Salem, 
and all matters, causes, and things, that have day, or that 
might have been, had, moved, or done at, in, or by the 
said Court, at the time so appointed for holding the same, 
shall 1)6 returnable to, and may be entered, prosecuted, 
had, moved, and done at, in, and by said Court, at the 



146 1780. — October Sessiox. 

time hereby appointed for holding the same. And the 
Secretary is hereljy directed to publish this resolve in 
the next Boston news-papers. November 8, 1780. 

Chapter 36. 

Chap. 26 RESOLVE ABATING THE TAX OF FIFTEEN THOUSAND SEVEN 

^ ' HUNDRED AND NINETY-SIX POUNDS LAID ON THE TOWN 

OF LANESBOROUGH, IN THE COUNTY OF BERKSHIRE; AND 

ALSO THE SUM OF SEVENTY-FIVE POUNDS, IN THE SILVER 

MONEY TAX. 

Whei^eas it ajipears to this Court that the toicn q/" Lanes- 
borough, in the County of Berkshire, through mistake 
was taxed more than their proportion, by reason of the 
plantations of New-Providence and New-Ashford being 
returned by said Lanesborough, in their last valuation; 
and it ajypears that said p)^c^ntations have ever since by 
said valuation, been taxed by tliemselves : Therefore, 

Resolved, That the town of Lanesborough be abated 
the sum oi fifteen thousand seven hundred and ninety-six 
pounds, of the old Continental currency ; and also the 
sum of seventy-five jjounds, in the silver money tax laid 
on said town : And the Treasurer of this Commonwealth 
be, and he is herel)y directed, to discount with the con- 
stable or constables of the said town of Lanesborough, 
the aforesaid sums. November 8, 1780. 

Chapter 37. 
Char) 27 ^ gR'^nt of one hundred pounds to each of the judges 

^ * OF the SUPREME COURT OF THIS COMMONWEALTH. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth, the sum of one hundred p)ounds, 
in the new emission, to each of the Judges of the Superior 
Court of this Commonwealth, they to be accountable on 
the adjustment of their account, for the same. 

November 8, 1780. 

Chapter 28. 



Chai) 28 I^ESOLVE APPOINTING LEWIS FOYE AND EBENEZER 
^ ' MANAGERS OF CHARLESTOWN LOTTERY, IN THE I 



A US TIN, 
ROOM OF 

CALEB CALL, ESQ; DECEASED, AND ISAAC MALLET, WHO 
DECLINES SERVING. 

Whereas liberty has been granted to the tou-n of Charles- 
town, to raise a sum of money by lottery, to pay the 
expences that anight arise in widening and amending the 



1780. — October Sessiox. 147 

streets in said town; and Caleb Call, Esq; and Mr. Isaac 
Mallet, loere, among others, appointed as managers of said 
lottery; and whereas the said Caleb Call, Esq; is since 
deceased, and the said Isaac Mallet has, and does still 
continue to decline acting as a manager t>f said lottery : 

Therefore Itesolved, That Louis Foye, and Ebenezer 
Austin, both of Charlestown, be appointed managers of 
the lottery aforesaid, in the room of Caleb Call, Esq ; 
deceased, and Isaac Mallet, who refuses to serve as a 
manager of said lottery, the aforesaid Louis Foye, and 
Ebenezer Austin, to be under oath for the faithful per- 
formance of their trust, before they enter u})on the same. 

November 8, 1780. 

Chapter 39. 

RESOLVE GRANTING THE BOARD OF WAR FORTY-SEVEN POUNDS (JJiqj) 29 
TWELVE SHILLINGS AND HALF PENNY, AS ALSO A FUR- -^ * 

THER SUM OF EIGHT POUNDS SIX SHILLINGS FOR THE 
SETTLEMENT OF JOSHUA DAVIS'S ACCOUNT. 

On the petition of Joshua Davis : 

Resolved, That there be allowed and paid out of the 
public treasur}^ to the Board of War, for the use of 
the said Davis, the sum oi forty-seven pounds tivelve 
shillings and haJf p)enny, in the new emission of money, 
being according to the scale of depreciation, the amount 
of the ballance of his account, as settled by the Board 
of War. — And also the further sum of eight pounds 
six shillings, in like money, being the amount of John 
Marshes account against him for pilotage, according to 
the scale aforesaid, to enable said Joshua to dischai'ge the 
account last mentioned. November 8, 1780. 



Chapter 30. 

A GRANT OF TEN THOUSAND POUNDS TO THE BOARD OF 

WAR, TO ENABLE THEM TO SUPPLY THE OFFICERS OF 

THIS COMMONWEALTH'S QUOTA OF THE ARMY WirH 
CLOATHING. 

Resolved, That the Board of War be, and they are 
hereby directed, fortliwith to supply the officers of this 
Commonwealth's quota of the Continental army, with all 
the cloathing due to them, agreeably to a resolve of the 
General Court, passed September 20, 1779 : And in order 



Chaj). 30 



148 1780. — October Session. 

that the aforesaid resolve be hiimediately carried into 
execution, 

It is further Resolved, That there be paid out of the 
treasury of this Commonwealth, to the Board of War, 
the sum of ten thousand pounds, in the new emission, 
the one lialf of said sum immediately, the other half in 
six weeks, or sooner if in his power, that they may be 
enabled to carry the aforesaid resolve into execution : 
And the Board of War are hereby directed to appropriate 
the money ganted by this resolve solely for the purpose 
of procuring cloathing aforesaid, they to be accountable 
for the expenditure of the same. November 8, 1780. 

Chapter 31. 

Chan 31 Resolve directing the commiitee for settling with 
^ * the army, to settle with all the officers of col. 

craft's kegiimenf of artillery, that were not dis- 
charged before the sixth day of february, 1779, the 
depreciation of their wages. 

On the j)eiition of Thomas Melvill and William Todd, 
praying that the depreciation of the wages of all the offi- 
cers late belonging to the State regiment of artillery, under 
the command of Col. Thomas Crafts, may he made up to 
the time they ivere discharged , for reasons set forth in said 
petition: 

Resolved, That the committee for settling with the 
army be, and they are hereby directed, to settle with all 
the officers of said regiment, under Col. Crafts, that 
were not discharged before the sixth day of FehrUary, 
1779, and make up to them the depreciation of their 
wages. November 9, 1780. 



Chap. 32 



Chapter 3^. 

A GRANT OF FIFTY POUNDS TO WILLIAM BAKER, MESSENGER 
OF THE HOUSE. 

On the petition of William Baker, messenger of the 
House : 

Resolved, That there be paid out of the pul)lic treasury 
of this Commonwealth, the sum oi fifty pounds, of the 
new emission, to William Bah'er, messenger of the House, 
for one quarter of a year's service to the General Assembly, 
beginning the twenty-sixth of August, and ending the 
twenty-sixth oi JSFovemher, instant. November 9, 1780. 



1780. — October Session. 149 



Chap. 33 



Chap, 34 



Chapter 33. 

RESOLVE DIRECTING THE COMMISSARY-GENERAL TO FUR- 
NISH A PAIR OF SHOES AND A COAT, TO EACH OF THE 
FIVE INDIAN CHIEFS. 

Resolved^ That the Commissar v-General be, and he 
hereby is directed, to furnish a pair of shoes and a coat, 
to each of the five Indian Chiefs, now in the town of 
Boston. November 9, 1780. 



Chapter 34. 

A GRANT OF SEVEN POUNDS TEN SHILLINGS TO JOHN MARSH. 

On the petition of John Marsh : 

Resolved, That there be granted and paid to the said 
John Marsh, out of the public treasury the sum of seven 
pounds ten shillings, of the new emission, in full consider- 
ation of his services as interpreter to, and attendant upon 
the Indian Chiefs, now in the town of Boston. 

Xovember 10, 1780. 

Chapter 35. 

A GRANT OF FIFTY FOUNDS TO COL. RICHARD G RIDLEY. 

On the petition of Col. Richard Gridley, for himself 
and son : 

Resolved, That there be paid out of the public treasury 
of this Commonwealth, the sum oi fifty pounds, to Col. 
Richard Gridley, in the new emission of money, he to 
be accountable for the same, said sum of fifty pounds to be 
charged to the Continental acount. 

November 10, 1780. 

Chapter 36. 

RESOLVE ALLOWING ASA WARE, A SOLDIER IN COL. HENRY „. ^^ 

JACKSON'S REGIMENT, THE DEPRECIATION OF HIS WAGES. Chap. OO 

Resolved, That the committee for settling with the 
army be, and they hereby are directed, to allow to Asa 
Ware, who has served as a private in Col. Henry Jack- 
son's regiment, the depreciation of his wages to the 1st of 
January, 1780. November 11, 1780. 



Chap. 35 



150 1780. — October Session. 

Chapter 37. 

Chan S7 i^EsoLVE directing the committee on accounts to ex- 

-i AMINE AND ALLOW THE CERTIFICATES OF NINE MONTHS 

MEN, BY A RESOLVE OF THE 8th OF JUNE, 1779, AS ALSO 
OF THE THREE MONTHS MEN, BY A RESOLVE OF THE 22d 
OF JUNE, 1780. 

Whereas it has been found inconvenient that the ho^mties, 
which by a resolve of June 8^/t, 1779, icere to be paid to 
such soldiers as inlisted and served for nine months only, 
shoidd continue to be paid by warrant on the treasury: 
Therefore, to prevent unnecessary loss of time in getting 
said bounties, 

It is Resolved, That the committee of accounts be, and 
they hereby are impowered and directed, to examine the 
certificates that may be produced by any of the said nine 
months men, as shall apply for the said bounty, and on 
finding the same to be good and sufiicient, shall pay the 
said bounty of sixty p)Ounds to such soldiers, taking their 
receipt for the same. 

And it is further Resolved, That the said committee of 
accounts shall in like manner examine the certificates of 
any of the said nine months men, respecting their having 
supplied themselves with a good firelock, bayonet, car- 
touch box, haversack, and blanket, or any part of the same, 
agreeable to said resolve of June the 8th, 1779, and on 
finding such certificates to be good, to pay unto such 
soldiers or their order, the sums specified in the said 
resolve, for the use of the whole or any part of the articles 
by them so supplied, or in case any of the said articles 
should be lost or rendered useless, without the negligence 
or fault of the proprietor, then to pay him the true value 
of the same. 

And it is further Resolved, That the said committee of 
accounts be, and they hereby are impowered and directed, 
in like manner to examine the certificates of all such 
three months men as supplied themselves with the like 
articles or any part of them, agreeable to a resolve of 
June 22d, 1780. and upon finding the same to be good, 
to pay such soldiers for the same, agreeable to the sums 
set down in said resolve. November 11, 1780. 



1780. — October Sessiox. 151 

Chapter 38. 

RESOLVE ON THE PETITION OF COL. JOSIAH BREWER, TRUCK- f^/./y^ QQ 
MASTER AT FORT-HALIFAX, ON KENNEBECK RIVER. -^ 

0;? tJie petition of Col Josiah Brewer, truck-master at 
Fovt-llalifax on Kennebeck Hirer. 

Resolved, That Juniper Bertheaune Recollect, the in- 
structor, recommended by the French Consul to reside 
with the Penobscot tril>e of Indians, be put under the 
direction of the commanding officer of the eastern dis- 
trict, and that he be allowed and paid for his services in 
establishing the said tribe in the interest of America, the 
sum oi five pounds of the new- emission per month, and 
two rations per day, until the further order of the Gen- 
eral Court ; and in consideration of the benefits resulting 
to the Commonwealth from the friendship of the said 
Indians, and for continuing the trade with them, it is 
further 

Resolved, That a sum not exceeding\^y(» hundred pounds 
of the new emission, be granted and paid to the Commis- 
sary General of this Common\fealth, the same to be by 
him appropriated to the purchase of such articles as he 
shall find necessary for carrying on the truck trade at 
Fort-Halifax, and that the goods be procured and for- 
warded with all possible dispatch to Fort-Western, there 
to remain subject to the order of the said Col. Brewer, 
to be by him disposed of in exchange for furrs and 
skins, the same to be by him remitted to the Commis- 
sary General, said Brewer to be accountable for the said 
goods. November 11, 1780. 



Chapter 39. 

RESOLVE MAKING AN ESTABLISHMENT FOR THE MEN WHO 
MARCHED ON THE ALARM, IN OCTOBER LAST. FROM THE 
COUNTY OF BERKSHIRE, BY ORDER OF GENERAL FELLOWS. 

Resolved, That all staflf' and field officers, and commis- 
sioned officers, commanding companies who marched on 
tj^e alarm in October last, from the county of BerksJiire, 
by order of Gen. Fellows, make up their rolls for allow- 
ance agreeable to the continental establishment for them- 
selves and companies, and that said rolls after being 
examined and allowed by the committee on muster rolls, 
be paid, and the same charged to the Continent. 



Chap. 39 



152 1780. — October Sessiox. 

Wliet^eas said mex. marched in a busy season of the year 
with respect to gathering in their crops^ therefore he it 
further 

liesolved, That there be allowed and paid to each officer 
and soldier who marched on the alarm aforesaid, and con- 
tinued in service until regularly discharged, one shilling 
and nine ]}ence of the new currency per day for wages, 
and eight pence |)er mile for their travel from their homes 
to the place of their rendezvous, and one shilling and four 
pence for rations for each day they found themselves and 
draw'd no rations, and that there be a separate roll made 
up for each company for the above purpose for allowance 
and payment. JSfovember 13, 1780. 



Chap. 40 



Cliapter 40. 

RESOLVE DIRECTING THE SELECTMEN OF THE SEVERAL TOWNS 
IN THIS COMMONWEALTH BY THE 1st OF FEBRUARY NEXT, 
TO RENDER AN ACCOUNT OF SUPPLIES TO SOLDIERS FAM- 
ILIES, AND TO CON riNUE TO SUPPLY SAID SOLDIERS FAMILIES 
AGREEABLE TO A RESOLyTION PASSED IOth DAY OF OCTO- 
BER, 1777. 

Resolved, That the selectmen of each town, and the 
committees of each plantation in this Commonwealth be, 
and are hereby required to render under oath into the 
Secretary's office, by the first day of February next, a 
full account of all supplies furnished each soldier, belong- 
ing to the continental array, or such soldiers families 
since their last return, to the first day oi December next ; 
and apply to the committee on accounts for allowance 
and payment. And it is further 

Resolved, That no town or plantation shall be entitled 
to. receive any allowance, who do not make returns agree- 
able to the foregoing resolve. And it is further 

Resolved, That the selectmen of each town and com- 
mittee of each plantation in this Commonwealth, be, and 
they are hereby directed to continue to supply the soldiers 
families, to the amount of one half of such soldiers pay, 
until the further order of this Court, they paying for the 
same, agreeable to a resolve of the General Court, past 
the tenth day of October, \111, making provision for 
soldiers families. And the Secretary is hereby directed 
to have this resolve printed in hand bills, and a sufficient 
number of them sent to the sheritfs in the several counties 



1780. — October Sessiox. 153 

in tliis Commonwealth, who are hereby directed to send 
them without dehiy to the several towns and plantations 
in their respective counties. November 13, 1780. 

Chapter 41. 

RESOLVE DIRECTING ALL APPLICATIONS BY THE INHABITANTS (JJ^^j ^\ 
OF XOVA-SCOTIA BE MADE TO THE GOVERNOR AND COUNCIL ^ ' 

OF THIS COMMONWEALTH. 

Wliereas frequent applications have been made to thi>^ 
Court, by the inhabitants of the province of Nova-Scotia, 
for liberty to carry provisions and other articles from this 
Commonwealth, into that province ; and also, by the inhab- 
itants of this Commomvealth, for liberty to briny effects 
from Nova-Scotia, and other places in ptossession of the 
enemy, into this Commonwealth. 

Resolved, That all such applications in future shall be 
made to his Excellency the Governor, and the Council of 
this Commonwealth, who shall judge, and finally deter- 
mine upon the same, granting or refusing the prayer of 
such petitions, as to them may see fit. Provided nev- 
ertheless. That no provisions, except such as may be 
necessarj'^ for the subsistence of the persons employed 
in navigating the vessels in which such effects shall be 
brought or carried, shall be permitted to be sent out of 
this Commonwealth in the said vessels, or either of them, 
w^ithout the special order of this or some future General 
Court. November 13,1780. 

Chapter 42. 

RESOLVE DOOMING THOSE TOWNS WHO NEGLECT MAKING A Qhcm 42 
RETURN OF THEIR VALUATION ON OR BEFORE THE FIRST ^ ' 

DAY OF JAXUARY NEXT, AND DIRECTING CERTAIN TOWNS 
IN THIS COMMONWEALTH TO MAKE NEW RETURNS. 

27^6 committee appointed to consider ivhat further steps 
are necessary to be taken in order to obtain a valuation of 
thit Commonwealth, and examine the returns of the several 
towns, and report what situation tliey are in, beg leave 
to report; that they have examined such returns as are 
already made from the several toicns, and find among said 
returns, that there are forty-one, tchich are not agreeable 
to the law, by reason of the names of each person and their 
polls and rateable estate, not being set down in their proper 



154 1780. — October Session. 

columns in said return, agreeable to the schedule, annexed 
to said act; a list of which is hereunto annexed, and that 
the folloicing order issue from this Court. 

Resolved, That such towns as have not as yet, made 
return of their polls and rateable estate within their 
respective towns, agreeable to an act, passed the cur- 
rent year, with the name of each person, their polls and 
rateable estate, in their proper columns, agreeable to the 
schedule annexed to said act, on, or before the first day 
of January next, shall be doomed as the General Court 
shall direct. 

In order that a just valuation of this Commonwealth 
may he had. Be it further 

Resolved, That the towns oi J^ew Gloucester, Grafton, 
Cummington, Gorham, Upton, Winsor, Ward, Ware, 
Colerain. Scarborough, Bristol, Harvard, JSfortlibridge, 
Lenox, Worthington, Stow, Bowdoinham, York, Bruns- 
wick, Fitchhurg, Brookfield, Wilhraham, WilUamshurg, 
West Stockbridge, Edgcomb, Egremont, Lanesborough, 
Partridgefield, Hadley, Paxton, Merryfield, Adams, 
Alford, Wintlirop, Topsham, Sunderland, Boothbay, 
Littlefalls, Chesterfield and Monson, be and hereby are 
directed to make a new return, agreeable to the act afore- 
said, on or before the day aforesaid, and on neglect, shall 
be doomed as aforesaid. And it is further. 

Resolved, That those towns that have not been fur- 
nished with the valuation act, be and they are hereby 
directed to apply to the Treasurer of this Commonwealth, 
for the said act, who is hereby directed to furnish said 
towns with the same. November 13, 1780. 



Chwp. 43 



Chapter 43. 

RESOLVE ON THE PETITION OF THOMAS GREENWOOD. 

On the Petition of Thomas Greenwood, 

Resolved, That the said Thomas Greenwood be, and he 
herel)y is permitted to carry out of this Commonwealth 
into the province of Nova-Scotia, a quantity of grain, 
not exceeding forty bushels for the support of certain 
families mentioned in his said petition. 

November 13, 1780. 



1780. — October Session. 155 

Chapter 44. 

RESOLVE ESTABLISHING THE PAY OF THE HONOURABLE Cliap. 44 
COUNCIL, SENATE AND HOUSE OF REPRESENTATIVES. "^* 

Resolved, That the Honourable Council be allowed and 
paid out of the public treasury, the sum oi fifteen sJiUUngs 
per day, for each day they shall attend. 

And that the Honourable Senate be allowed and paid 
out of the public treasury, the sum of thirteen shillings 
and six pence, per day, for each day they shall attend. 

'And also, that each of the members of the House of 
Representatives be allowed and payed out of the public 
treasury, the sum of twelve shillings per day, for each 
day they shall attend ; the above sums to be of the new 
emission. 

And that the above pay of the members of the House 
of Representatives be charged to the several towns, agree- 
able to the Constitution. November 13, 1780. 



Chapter 45. 

RESOLVE FOR MAKING AN ESTABLISHMENT FOR THE TROOPS 
AT MACHIAS. 

Resolved, That the pay rolls of the troops at Machias, 
except those called Dyers Rangers, since June 1, 1779, 
be made up as follows, viz. each private soldier, fit forty 
shillings per month, in bills of the new emission, and their 
officers in the same proportion, according to the Conti- 
nental establishment. And it is further 

Resolved, That the pay roll of the troops, called Capt. 
Dyer's Rangers, raised by order of Council in January 
last, be made up at six sJiillings per month, in the bills 
of the new emission, to each private, and their ofiicers in 
the same proportion, as six shillings bears to forty shil- 
lings, according to the continental establishment, and that 
customary rations be allowed them, they having found 
their osvn provisions. 

And it is further Resolved, That those men in the 
artillery company, under the command of Lieut. Alhee, 
who have been in the service near three years, and still 
continue in the service, have the depreciation of their 
wages made up to them, in the same manner and pro- 
portion as other continental troops. 

And it is further Resolved, That the officers and sol- 
diers, under the command of Col. Allen, who are engaged 



Chap, 45 



15(> 1780. — October Session. 

during the war, and have been in the service more than 
three years, have the depreciation of theh* wages made 
up to them, in manner and form, as expressed in the fore- 
going resolve ; and that the Board of War deliver to the 
officers a suit of cloaths eacli, on the same terms as other 
continental officers have received them. 

And u'Jiereas Col. Allen, has been under the necessity 
of borrowing provisions for the use of the troops and 
Indians under his command, as hy his returns appear; 
and there. remains a hallance still due to him: Therefore. 

Resolved, That the Board of War be directed to receive 
and examine said returns, and to furnish Col. Allen, with 
the several articles necessary to compleat the payment of 
said borrowed provisions. 

And whereas Col. Alexander Campbell, has been em- 
ployed in the jmblic service, the greater part of the time, 
since Dec. 1778. Therefore 

Resolved, That there be paid out of the pulilic treasury 
of this Commonwealth, to said Col. Campbell, the sum 
of forty pounds, in the bills of the new emission, in con- 
sideration of his past services, to this time : And it is 
further 

Resolved, That the Rev. James Lyon, be intitled to 
receive two rations per day, out of the public stores, 
in consideration of his officiating as a Chaplain to the 
troops at Machias, until further orders of the General 
Assembly. 

And it is further Resolved, That there be allowed and 
paid to Capt. Stephen Smith, out of the pul)lic treasury, 
the sum of eight pounds per month, in consideration of 
his service as commissary, from the time of his appoint- 
ment in the year 1777, to this time: And that there be 
paid to William Tapper, clerk to said commissary, the 
sum of three pounds per month, for his service ; each 
payment to be in bills of the new emission. And it is 
further 

Resolved, That there be paid out of the public treasury, 
the sum of four hundred pounds, in bills of the new emis- 
sion, to Col. Allen, or his orders, to defray the charges 
that have accrued since his accounts have been made up ; 
and also such charges as may arise hereafter : said Alien 
to be accountable for the same in the next settlement 
of his accounts ; the sevei'al sums to be charged to the 
Continent. November 15, 1780. 



1780. — October Session. 157 

Chapter 46. 

RESOLVE DIRECTING WHERE THE JUDGE OF PROBATE OF Q/iaiJ. 46 
WILLS, &c. FOR THE COUNTY OF SUFFOLK, SHALL HOLD ^ ' 

HIS COURTS, FOR THE MORE CONVENIENCE OF THE PEOPLE 
OF SAID COUNTY. 

W/tereas in the Constitution of this Commonwealth it is 
declared, that '■'■the Judges of Probate of Wills, and for 
granting letters of administration, shall hold their courts 
at such j)l ace or jjlaces on fixed days as the convenience of 
the people shall require, therefore, 

Resolved, That the Judge of Probate of Wills, &c. 
that is or shall be appointed for the county of Suffolk, 
be and he is hereby directed, to hold his court at the 
town of Weymouth, in said county, on the first Tuesday 
in every January, March, May, July, September, and 
November, and at the town of Medfield, in said county, 
on the first Tuesday in every February, April, June, 
August, October, and December, at such convenient place 
in each of said towns as the Judge of probate for the 
time l)eing shall appoint ; and the said judge is hereby 
directed to make such appointment as soon as may be, 
and to advertise the same in two of the Boston news- 
papers. And it is further 

RcKolved, That the said Judge of Probate of Wills, &c. 
shall hold his court on each and every Tuesday, except 
those mentioned in the preceeding resolve, at the now 
probate-office in the town of Boston, any law or usage to 
the contrary notwithstanding. November 15, 1780. 

Chapter 47. 

RESOLVE DIRECTING THE COMMISSARY OF PENSIONERS TO (JJiai)- 47 
MAKE RETURN TO HIS EXCELLENCY, OF ALL PENSIONERS ^ ' 

RECORDED IX HIS BOOKS; AND REQUESTING HIS EXCEL- 
LENCY TO CALL UPON ALL THOSE WHO ARE ABLE TO DO 
GARRISON DUTY. 

Resolved, That the Commissary of pensioners be directed 
to make return to his Excellency the Governor, of all the 
persons recorded on his books, who are entitled to receive 
pensions, also the towns or places to which such pen- 
sioners belong, likewise the disability for which each of 
such persons receive a pension ; and his Excellency the 
Governor is hereby requested to call on all such as he 
may judge able to do garrison or guard duty, and form 



158 1780. — October Session. 

them into such companies, and appoint such officers from 
amono;st tliose who receiv^e a pension, as he shall judire 
proper, and order them to do duty in such part of this 
Commonwealth as the public service may require ; and 
the Commissary aforesaid is hereby directed to make 
quarterly returns to his Excellency of all such persons 
as may from time to time be recorded on his books as 
pensioners, in order that they may be called into service 
if of ability of body ; and any pensioner who shall be 
ordered to do duty as aforesaid, and shall decline, shall 
be struck off the list, and no longer intitled to receive a 
pension. " November 15, 1780. 



Chapter 43. 

Chap. 48 RESOLVE adjourning the court of general sessions of 

THE peace, and INFERIOR COURT OF COMMON PLEAS, TO 
BE HELD AT WORCESTER, IN THE COUNTY OF WORCESTER' 
ON THE SECOND TUESDAY OF DECEMBER NEXT. 

WJiereas by reason of the public thanksgiving being 
appointed on the seventh day of December next, it will be 
inconvenient to have the court of general sessions of the 
peace, and inferior court of common pleas, held at Worces- 
ter, in and for the County of Worcester, on the first day 
of December next : 

Resolved, That the said court of general sessions of the 
peace, and inferior court of common pleas, by law to be 
held at Worcester , within and for the county of Worcester, 
on the lirst Tuesday oi December next, shall be holden at 
Worcester aforesaid, on the second Tuesday of the same 
month ; and that all writs, processes, and recognizances, 
returnable to, and all appeals made to the said court of 
general sessions of the peace, and inferior court of com- 
mon pleas, appointed by law to be holden at Worcester, 
and all matters, causes and things that have day, or that 
might have been had, moved or done, at, in, or by the 
said courts, at the time so appointed for holding the same, 
shall be returnable to, and may be entered, prosecuted, 
had, moved and done at, in and bj^ the said courts at the 
time herein appointed for holding the same, and the Sec- 
retary is hereb}'" directed to publish this resolve in the 
next TForces^e?* Newspapers. November 16, 1780. 



1780. — October Session. 159 



Chapter 49. 

RESOLVE MAKING AN ESTABLISHMENT FOR THE GUARDS ON (JJiap. 49 
THE SEA-COAST AT FALMOUTH, AS THE OTHER CORPS ARE ■'■ 

UNDER THE COMMAND OF GENERAL WADSWORTH AT THE 
EASTERN-DEPARTMENT. 

Besolved, That the guards on the sea coast at Falmouth 
be made up the same rations as the other corps are under 
the command of General Wadsivorth at the Eastern 
Department ; and the committee on accounts are directed 
to settle with the Commissary accordingly. 

November 16, 1780. 



Chapter 50. 

RESOLVE REQUESTING HIS EXCELLENCY THE GOVERNOR TO 
WRITE TO THE COMMANDER IN CHIEF, TO ORDER A PARTIC- 
ULAR RETURN OF ALL THE ARMY AND ACCOUTREMENTS 
THAT HAVE BEEN TAKEN FROM THE MEN OF THIS COM- 
MONWEALTH, INTO THE SECRETARY'S-OFFICE. 

Whereas many soldiers icho have been in the Continental 
army, are maJting apiMcation to the General Court for 
payment for their guns and accoutrements, which were 
taken from them before they left cam]) (as they say) ; and 
lohereas no regidar return has been made of the guns, d'c. 
ichich have been so taken for the public service. There- 
fore, 

liesolved. That His Excellency the Governor be, and 
he hereby is requested, immediately to write to the Com- 
mander in Chief, requesting him to order a particular 
return to be made into the Secretary's office of this 
Commonwealth of all the arms and accoutrements that 
have been taken from the men belonging to this Common- 
wealth, and no compensation made therefor, specifying 
the names of the persons from whom such guns were 
taken or detained, and the regiment, company, and town 
to which such men belong, in order that payment ma}^ be 
made to such soldiers who have left their arms and accou- 
trements for the public service and received no compensa- 
tion therefor. November 16, 1780. 



Chap. 50 



160 1780. — October Sessiox. 

Chapter 51. 

Chan. 51 RESOLVE exempting john sergeant, missionary to the 

^ ' STOCKBRIDGE INDIANS, FROM ALL TAXES. 

On the petition of John Sergeant, missionary to the 
Indians at Stockbridge, praying that he may be exempted 
from taxes. 

Resolved, That the prayer of the said petition be 
granted, and that the said Sergeant be, and he is hereby 
exempted from all taxes which may be granted consequent 
on the valuation last ordered by the General Court, to be 
taken so long as the said Sergeant shall sustain the office 
and perform the duties of a missionary to said Indians. 

Resolved, That a deduction be made from the valuation 
of the said town of Stockbridge, as returned by the 
assessors of said town the present year, equal to the 
amount of the estate of said Sergeant, as returned in said 
valuation. November 16, 1780. 

Chapter 53. 

Chan 52 -^ gR-^nt of five pounds to isaac freeman, for losses 

•^ * SUSTAINED AT THE BATTLE OF BUNKER-HILL. 

On the petition of Isaac Freeman, praying for allow- 
ance for losses sustained at the battle on Bunl'er-Hill : 

Resolved, That there be paid out of the pul)lic treasury 
of this Commonwealth, the sum oi five pounds oi i\\Qi bills 
of the new emission, in full for his losses set forth in said 
petition. November 16, 1780. 

Chapter 53. 

ChaV' 53 I^ESOLVE on the petition of THE SELECTMEN OF THE TOWN 
-^ * OF CHARLEMONT. 

On the petition of the selectmen of the town of Charle- 
mont, praying for an abatement of one fourth part of 
several taxes, and also that a fine of six hundred pounds, 
laid on said town for not procui'ing a m,an to serve in the 
Continental army for nine months, for reasons therein 
mentioned — the committee beg leave to rejjort by ivay of 
resolve : 

WJiereas the town of Buckland, ivhen incorporated, was 
taken in part from, the toicn of Charlemont ; and as it 
appears the town of Charlemont have had no consideration 



1780. — October Session. 161 

in their several taxes since that time, and that the town of 
Buckhmd has. not been called upon for any taxes: 

Resolved, That the town oi Bnchland be, and they are 
hereby directed, to shew cause (if the}^ have any) on the . 
second Tuesday of the next session of the General Court, 
why the one fourth part of those taxes hiid upon the 
town of Charlemont, since the incorporation of Buck- 
land, should not be deducted and assessed upon the town 
of Buckland; and that the petitioners leave a cop}^ of this 
resolve with the Town-Clerk of Buckland, ten days at 
least before the second Tuesday of the next session of the 
General Court. 

And ichereas the town of Buckland did procure a man 
to serve for nine months in the Continental ai'my, which * . , 

was apportioned upon the ^2^0/" Charlemont, he it further 

Resolved, That the sum oi six hundred pounds laid as a 
fine upon the town of Charlemont, in the State tax of 
June 1779, for not procuring a man to serve nine months 
in the continental army, be abated, and that the treasurer 
of this Commonwealth be directed to discharge the town 
of Charlemont, upon their paying the remainder of the 
aforesaid tax. November 16, 1780. 



Chapter 54. 

RESOLVE FOR BORROWIXG A SUM OF MONEY, TO BE APPLIED 
TO THE FILLING UP THIS COMMONWEALTH'S QUOTA OF THE 
CONTINENTAL ARMY, FOR THREE YEARS OR DURING THE 
WAR. 

The Committee of both Houses, appointed to consider 
the Governor's message, of the second of November , and 
the letter from his Excellency General Washington, 
of the eighteenth of October, beg leave- to report the 
following resolves : 

Wliereas great expence has been incurred, and many 
consequences injurious to the jrublic interest liave arisen, 
by sujplying the quota of men assigned to this Common- 
wealth as their proport ion of the Continental army, by 
drafts of men for short pe%iods ; and ivJiereas that quota 
may be obtained for three years or during the icar, if the 
business is seasonably undertaken, and a reasonable bounty 
given in silver and gold; and there is every reason to 
expect, from the patriotism cind public virtue of gentlemen 
of fortune and abilities, as well as from some particular 



Chap. 54 



162 1780. — October Session. 

encouragement given, that from the importance of the 
tneasure, and the necessity of carrying it ivithout delay 
into execution, a sufficient sum may he obtained, jjvovided 
. jprojper encouragement and security be given, that the sums 
lent by any persons shall be punctually repaid in like 
money, at the periods agreed on, ivith interest in like 
money annually : Therefore, 

Resolved, That a subscription be immediately opened 
for a loan of money in silver or gold, not to exceed the 
sum of sixty thousand pounds lawful money, for four 
years. 

Resolved, That a committee of five be appointed to 
open and receive the subscriptions and the money sub- 
scribed, and to receive from the Treasurer such securities, 
to be given the subscribers, as shall be directed by a 
supply bill for that purpose. 

Resolved, That the money received on such subscrip- 
tions be paid into the treasury, to be by the Treasurer 
applied solely to the filling up this Commonwealth's pro- 
portion of the army, agreeable to the orders of gov- 
ernment. 

Ajid for the encouragement and security of those who 
shall advance to the public the money wanted for this 
ifnportant and necessary purpose, upon which the safety, 
if not salvation of this country so much depends: 

Resolved, That a committee be appointed to bring in a 
bill to supply the treasury with sufficient sums of silver 
and gold to pay the interest of the money annually, and 
the principal when due. 

Resolved, That some suitable person be appointed to 
receive from the Treasurer the money so furnished, as 
soon as it shall amount to the sum of ten thousand pounds 
lawful money,* and carry the same to the army, and there 
employ it in payment of bounties to men certified by such 
officer or officers as the Commander in Chief shall appoint 
for that purpose, to have been inlisted in the battalions of 
this State, after the 20th day of November inst. for the 
term of three years or during the war. 

Resolved, That each man \¥ho shall be so inlisted for 
three years or during the war, shall receive out of said 
monies the sura of sixty Spanish milled dollars, or the 
value thereof in gold. 

Resolved, That the person who shall be appointed to 
receive the money according to a foregoing resolve, be 



1780. — October Session. 163 

accountalile for the expenditure of the same, agreeable to 
the intention hereof. 

Resolved, That for the further encouragement to persons 
disposed to advance money on k)an, for a purpose so 
important, that all monies so advanced be exempted from 
taxation in all taxes that shall be issued during the con,- 
tinuance of the loan, for defrcying the expcnces of the 
Commonwealth, or of the town or county in which the 
person lending is an inhabitant. November 16, 1780. 



Chapter 55. 

A GRANT OF FOUR POUNDS TO DANIEL DRUCE, A PENSIONER. (JJiaj). 55 

On the petition of Daniel Druce, of Grafton. 

Resolved, That there be paid out of the i)ublic treasury 
of this Commonwealth the sum oi four 2)ounds in the new 
money to the said Daniel Druce, in full for the current 
year, beginning on the 1st day of June, 1780, when his 
last grant ceased. November 17, 1780. 



Chapter 56. 

RESOLVE ABATING A FINE OF SIX HUNDRED POUNDS TO 
THE TOWN OF GREAT-BARRINGTON, IN THE COUNTY OF 
BERKSHIRE. 

On the petition of Jonatlian Nash, in behalf of the 
town of Great- Barrington, shewing, that said toAvn was 
hned the sum of six hundred pounds for not raising their 
quota of nine months men for the year 1779, and praying- 
said fine may be abated. 

Wliereas it appears that the said ^o?A'n o/Great-Barring- 
ton raised and mustered the whole of their said quota, 
and notwithstanding one of them deserted and was not 
delivered to the superintendant, yet as he received a bounty 
from said town, and said town was at great expence in 
order to apprehend said man after he deserted, therefore. 

Resolved, That the said fine of six hundred, pounds be, 
and hereby is abated to said town of Great-Barrington, 
and that the same shall be deducted from their next 
Commonwealth tax. November 17, 1780. 



Chap. 56 



164 1780. — October Session. 

Chapter 57. 

Chap. 57 RESOLVE DIRECTING THE COMMITTEE APPOINTED TO CONCUR 
AND PAY ACCOUNTS, TO LAY THEIR ACCOUNTS BEFORE THE 
COMMITTEE FOR PREPARING A GENERAL STATE OF ALL 
ACCOUNTS, FOR EXAMINATION. 

Whereas it is necessary that the committee for preparing 
a general state of all accounts, viz. Peter Boyev and others, 
should he 2')0ssessed of the accounts and vouchers that are 
examined and ^Ja^V? by the committee appointed hij the 
Senate for that purpose : Therefore, 

Resolved, That the committee appointed to concur and 
pa}^ accounts be, and they are hereby directed from time 
to time, to lay their accounts, with the proper vouchers, 
together with their expenditures, before the said Peter 
Boyer and others, a committee as aforesaid, who are 
hereby directed to examine the same and make report, 
any resolve or order to the contrary notwithstanding. 

November 18, 1780. 

Chapter 58. 

Chap. 58 RESOLVE EMPOWERING THE GOVERNOR, LIEUTENANT-GOV- 
ERNOR, OR ANY TWO OF THE COUNCIL, TO ADMINISTER THE 
OATHS REQUIRED BY THE CONSTITUTION TO ALL OFFICERS 
COMMISSIONED UNDER THE SAID CONSTITUTION. 

Resolved, That the Governor, Lieutenant-Governor, or 
any two of the Council, or any other person or persons 
especially appointed by the Governor and Council, be, 
and they herel)y are empowered, to administer the oaths 
or affirmations required l)y the constitution of this Com- 
monwealth to all officers commissioned under the said 
constitution or form of government, until further provi- 
sion shall be made by the General Court of the Common- 
wealth aforesaid. November 17, 1780. 



Chapter 59. 



Chap. 59 



RESOLVE GRANTING LIBERTY TO RICHARD JENNYS TO SELL 
HIS HOUSEHOLD FURNITURE AT PUBLIC AUCTION. 

On the petition o/" Richard Jennys, praying he may have 
liberty to sell his household furniture, d'c at public auction, 
as he and his family are bound to the West-Indies : 

Resolved, That the prayer of the petition be granted, 
and that the said Richard Jennys have liberty to sell 



1780. — October Session. 165 

his household furniture and effects at public auction, 
any law or resolve of this Commonwealth to the contrary 
notwithstanding. November 20^ 1 780. 



Chapter 60. 

RESOLVE ON THE REPRESENTATION OF COL. GROW, RESPECT- Chaj). 60 
ING A SUM OF MONEY HE RECEIVED OF THE MUSTER- ^ ' 

MASTER FOR THE COUNTY OF YORK. 

On the representation of Col. Grow to this Court., that 
he is in possession of a .'ium of money sent hi/ Joseph 
Bragdon, muster-master for the countij of York, to the 
Treasurer of this CommoniveaUJc, lohich the Treasurer 
does not looTc upon himself authorised to receive without 
the depreciation thereon is alsoj^nid: A.nd whereas the 
said Joseph Bragdon never received .mid moneij from 
the Collector to enable him to pay bounties to the men 
he should mu.'^ter till a few days before he sent it to the 
Treasurer: Therefore, 

Resolved, That the Treasurer be, and he is hereby 
directed, to receive the said money without any depre- 
ciation thereon, any resolve to the contrary notwith- 
standing, taking duplicate receipts therefor, one of which 
to be lodged in the Secretary's office. 

November 18, 1 780. 



Chapter 61. 

RESOLVE DIRECTING THE COMMITTEE ON MUSTER-ROLLS TO (JJiav 61 
MAKE UP CAPT. PHINEAS WALKER'S ROLL IN THE NEW ^ * 

EMISSION OF MONEY. 

Wliereas by a resolve of the General xL'i.'^embl y of this 
State, of the Wi October last, an establishment was 
made for the company of Capt. Phineas Walker, in 
which establishment it does not appear in what currency 
the mu.'<ter-roll of said company shoidd be made up : 
Therefore, 

Resolved, That the establishment in the said resolve 
was intended to be payable in the bills of credit of this 
State of the new emission ; and the committee on muster- 
rolls are directed to make up the same accordingly. 

November 18, 1780. 



166 1780. — October Session. 



Chapter 62. 

Char) 62 i^esolve requesting Nathaniel appleton, esq-, to ad- 

^ * VANCE TO THE TREASURER OF THIS COMMONWEALTH ONE 

HUNDRED THOUSAND DOLLARS OF THE NEW EMISSION, FOR 
THE PURPOSE OF TRANSPORTING STORES TO THE ARMY, 
AND GRANTING TEN THOUSAND POUNDS TO CHARLES 
MILLER, ESQ; DEPUTY-COMMISSARY OF PURCHASES. 

Whei'eas there is a necessity for the hnmediate purchase 
and transportation of a quantity of salt and rum for the 
use of the Continental army, and the season for conveying 
the same is every day (/rowing more difficult and charge- 
able; and inasmuch as all the monies in the treasury of 
this Commonwealth are apypropriated to purposes as im- 
portant as the present; and although a great proportion of 
the first moiety of the tax for drawing in and exchanging 
the old Continental money for new is noio due from the 
collectors and constables through the Commonwealth, and 
will probably be. soon brought into the treasury, and in 
addition thereto one half of the second moiety of the said 
tax will be payable into the treasury in the course of the 
month of December next ensuing, yet the operation of 
those taxes will be too slow for accomplishing the purposes 
aforesaid in due season: — Wlierefore, to promote the ser- 
vice of the United /States by the earliest possible supply 
of the army, and to comply with the requisition of the 
Commissary- General on so pressing an emergency, it is 

Resolved, That Nathaniel Appleton, Esq ; Commis- 
sioner of loans, be requested to advance to the Treas- 
urer of this Commonwealth, the sum of one hundred 
thousand dollars of the new emission, in part of this 
State's proportion of the same, and that the Treasurer 
be, and he is hereby directed, to deposit with the said 
Commissioner an equivalent to the said sum in old 
money, conformably to the resolves of Congress of the 
18th March last, and that as soon as possible, out of 
the money which shall be brought into the treasury l)y 
the operation of the said taxes ; and that out of the afore- 
said sum of one hundred thousand dollars, as soon as 
received, there be granted and paid to Charles Miller, 
Esq ; Deputy-Commissary-General of purchases, the sum 
of ten thousand j^ounds, for the purpose of procuring 
and transporting the rum and salt aforesaid ; and that 
his Excellency the Governor be desired to grant his 



1780. — October Session. 167 

warrant on the Treasurer in favor of the said Miller for 
the said sum accordingly, and that the balance of the 
sum advanced as aforesaid remain in the treasury until 
the further order of this Court. November 17 ,) 1780. 

Chapter 63. 

A GRANT OF EIGHT POUNDS TO JOHN BOBBINS, A PENSIONER. (JJidjy (53 

On the petition of John Robins, of Lexington ; 

Resolved, That there be paid out of the public treas- 
ury of this Commonwealth, the sum of eight jyounds in 
the new money to the said John Robbins, in full for 
one year, beginning April 19th, 1779, and ending April 
19,1780. November 18,1780. 



Chapter 64. 

Chap. 64 



A GRANT OF FIVE THOUSAND POUNDS TO THE COMMITTEE 
APPOINTED TO CONCUR AND PAY ACCOUNTS. 

^V7iereas the committee on accounts have 7'epresented 
that the two thousand pounds of the new emission 
granted November 3cZ last, is expended, and as it is 
necessary that a further sum be appropriated for that 
p urpose : Therefore , 

Resolved, That there be paid out of the public treasury 
of this Commonwealth, the sum oi five thousand pounds 
of the new emission, to the committee appointed by the 
honorable Senate for concurring and passing on accounts, 
and for the payment thereof, the said committee to be 
accountable for the expenditure of the same. 

November 20, 1 780. 

Chapter 65. 

RESOLVE ENTITLING AARON CABOT TO HALF PAY, TO COM- njjff^ f]F: 
MENCE THE 27th OF JUNE, 1779. y~^ltUJJ. \JO 

On the representation of John Lucas, Commissary of 
pensioners, in behalf of Aaron Cabot, a seaman, on 
board the Continental ship Queen of France, on the lltli 
q/" June, 1779, lost the sight of both his eyes, as appears 
by his certificate: Therefore, 

Resolved, That the said Cabot is intitled to half pay, 
to commence the 27th of June, 1779. 

November 20, 1780. 



168 1780. — October Session. 



Chap. QQ 



Chap. 67 



Chapter 66. 

GRANT OF SIXTEEN POUNDS TO STEPHEN VOSE, OF 
MILTON. 

On the petition o/ Stephen Vose, of Milton : 

Resolved, That there be paid out of the public treasury 

of this Commonwealth, the sum of sixteen pounds of the 

new money, to the said Stephen Vose, in full for a two 

years pension, from February 1778, to February, 1780. 

November 20, 1780. 



Chapter 67. 

RESOLVE DIRECTING THE TREASURER TO DISCHARGE JACOB 
HASKELL OF THE SUM OF EIGHT HUNDRED AND NINETEEN 
POUNDS, AND MOSES BRADBURY OF THE SUM OF NINE 
HUNDRED AND THIRTY-SIX POUNDS, OUT OF THE TAXES 
DUE FROM THEM AS COLLECTORS OF TAXES FOR THE TOWN 
OF GLOUCESTER, IN THE COUNTY OF CUMBERLAND, FOR 
SUPPLIES TO THE TROOPS IN THE EASTERN-DEPARTMENT, 
UNDER THE COMMAND OF GENERAL WADSWORTH. 

Whereas it appears from two certificates from Briga- 
dier-General Wadsworth, dated head-quarters, Falmouth, 
July \Sth, 1780, That he was under the necessity of pur- 
chasing of Mr. Jacob Haskell, /br<y/-<?('0 bushels of Indian 
corn, and of Mr. Moses Bradbury forty-eight bushels 
of Indian corn, at sixty-five dollars tlie old currency 
per bushel, for the use of the troops at Cambden ; and 
as the said Jacob Haskell and Moses Bradbury are col- 
lectors of taxes for the toivn of Gloucester, in the county 
of Cumberland, and collected said corn of the inhabi- 
tants loho tvere indebted for their taxes : 

Therefore Resolved, That the Treasurer of this Com- 
monwealth be, and he is hereby authorised and directed, 
to discharge the said Jacob Hashell for the sum of eigJd 
hundred and nineteen pounds, and the said Moses Brad- 
bury the sum of nine liundred and thirty -six pounds, out 
of the taxes due from them as collectors of taxes for the 
town and county aforesaid to this Commonwealth, and 
that the two al^ovementioned sums of the old emission 
be charged to the Continent, for the use of the troops in 
the Eastern Department, under the command of Brigadier- 
General Wadsworth, any law or resolve to the contrary 
notwithstanding. November 20, 1780. 



1780. — October Session. 169 



Chapter 68. 

RESOLVE EMPOWERING THE GOVERNOR AND COUNCIL TO (JJidj), 68 
TAKE UP ALL MATTERS PENDING UNDER THE OLD CONSTl- ^ ' 

TUTION, AS THE SUPREME EXECUTIVE OF THE SAME. 

Resolved, That all matters taken up by the major part 
of the Council of the late State of Massachusetts-Bay , as 
the Supreme Executive of the same, and not tinished at 
the time when the new constitution took place, be taken up 
by the Governor and Council, and passed upon agreeable 
to the present constitution of this Commonwealth. 

November 20, 1 780. 



Chapter 69. 

RESOLVE ADJOURNING THE GENERAL SESSIONS OF THE nj.(jj^ aQ 
PEACE, AND INFERIOR COURT OF COMMON PLEAS, TO BE ^'''^F' " 
HOLDEN AT BARNSTABLE, IN THE COUNTY OF BARN- 
STABLE, TO THE SECOND TUESDAY OF DECEMBER NEXT. 

Whereas by reason of the piihlic thanhsgiving, which is 
appointed on the seventJi day of December next, it toill be 
very inconvenient to have the Court of General Sessions of 
the Peace, and Inferior Court of Common Pleas, held at 
Barnstable, in and for the county of Barnstable, on the 
first Tuesday of December next: 

Resolved, That the said Court of General Sessions of 
the Peace, and Inferior Court of Common Pleas, by law 
to be held at Barnstable, in and for the county of Barn- 
stable, on the first Tuesday of December next, shall be 
holden at Barnstable aforesaid, on the second Tuesday 
of the same month ; and that all writs, processes, and 
recognizances, returnable to, and all appeals made to 
the said Courts of General Sessions of the Peace and 
Inferior Court of Common Pleas, appointed by law to 
be holden at Barnstable, and all matters, causes and 
things, that have day, or that might have been, had, 
moved, or done at, in, or by the said Courts, at the time 
for holding the same, shall be returnable to, and may be 
entered, prosecuted, had, moved and done at, in, and b}' 
the said Courts, at the time herein appointed for holding 
the same, any law to the contrary notwithstanding. 

November 21 , 1 780. 



170 1780. — October Session. 



Chapter 70. 

Chap. 70 RESOLVE EMPOWERING WILLIAM BALDWIN, GUARDIAN OF 
^' JOSIAH LANGDON, A MINOR, TO SELL THE HOUSE AND 

LAND, WHARF, AND OLD BUILDINGS MENTIONED IN HIS 
PETITION. 

On the jpetition of William Baldwin, guardian to 
Josiah Langdon, a nmior : 

Resolved, That the said William Baldivin be, and he 
hereby is authorized and impowered to sell, for the most 
the same will fetch, observing the directions of the law 
for the sale of real estates by executors and adminis- 
trators, one sixteenth part of an old wooden house, and 
the land thereto belonging, and one eighth part of a 
wharf, and some old buildings thereon, all laying in 
the northerly part of Boston, said estate descending to 
the said minor Josiah Langdon, from his late deceased 
father Josiah Langdo7i; and he the said William Bald- 
2cin, is hereby authorized to make and execute a good 
and legal deed or deeds of the above premises, or 
such title as shall correspond with the title the said 
Josiah Langdon had to the premises at the time of his 
decease, he the said William Baldivin, giving proper 
security to the Judge of Probate for the county of Mid- 
dlesex, that the lawful interest of one third part of the 
neat proceeds, arising from the aforesaid sale or sales, 
shall be annually paid to the widow of the said Josiah 
Langdon, deceased, during her natural life, and that the 
other two thirds shall l)e applied to the use and benefit of 
the said minor, as the said Judge of Probate shall order, 
and that the whole of the aforesaid neat proceeds shall 
inure to the said minor at the decease of the widow. 

November 21, 1780. 



Chaj). 71 



Chapter 71. ^ 

A GRANT OF FIFTEEN POUNDS TO SILAS HODGES, FOR 
REMOVING ENOCH JOHNSON TO HARTFORD GOAL IN THE 
STATE OF CONNECTICUT. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth, the sum oi fifteen j^ounds , of the 
new emission, to Silas Hodges, in full for his time and 
expence in removing Enoch Johnson, now a prisoner 



1780. — October Session. 171 

in the gaol of the county of Suffolk, to the gaol in 
the county of Hartford, and State of Connecticut, under 
the direction of his^ Excellency the Governor of this 
Commonwealth. November 21, 1780. 



Chapter 73. 

A GRANT OF FIVE HUNDRED POUNDS TO JOHN FOSTER WIL- 
LIAMS, ESQ; COMMANDER OF THE SHIP PROTECTOR, TO 
ENABLE HIM TO PAY ONE MONTH'S ADVANCE WAGES TO 
HIS MEN. 

On the petition of John Foster Williams, Esq; com- 
7nander of the ship Protector, praying that there may be 
jmid out of the public treasury to him, the sum of live 
hundred pounds in the new emission, to enable him to 
advance one month'' s pay to his men. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth to John Foster Williams, Esq ; 
commander of ship Protector, the sum of five hundred 
pounds, in the new emission, to enable him to advance a 
month's pay to his men, he to be accountable for the 
same. November 21, 1780. 



Chap. 1'2. 



Chapter 73. 

RESOLVE REQUESTING HIS EXCELLENCY THE GOVERNOR TO 
DIRECT THE AGENTS OF THIS COMMONWEALTH TO MAKE 
MONTHLY RETURNS OF ALL PROVISIONS WHICH SHALL 
COME INTO THEIR HANDS, TO THE COMMANDER IN CHIEF, 
COMMISSARY-GENERAL, AND THE SECRETARY OF THIS 
COMMONWEALTH. 

The committee of both Houses to whom was committed 
the letter from Congress of October 26, 1780, respecting 
supplies for the army, have attended that service, and are 
informed by the agents, that the supplies referred to in 
said letter are forwarding with tlte utmost exp)edition the 
circumstances of the Commonwealth loill admit of: 

Resolved, That his Excellency the Governor be desired 
to inform the agents of this Commonwealth, that it is 
expected and required that they make monthly returns, 
agreeable to a resolve of Congress, of all the provisions 
which shall come into their hands, specifying the articles 
and the magazines or places where they shall be deposited, 
to the Commander in Chief of the Continental army, Com- 



Chap. 73 



172 1780. — October Session. 

missary-General, and the Secretary of this Common- 
wealth, that it is expected a punctual obedience will be 
observed respecting said returns. And it is further 

Resolved, That his Excellency be further desired to 
inform the Commander in Chief and the Commissary 
General of the above resolve, as soon as may be. 

November 21, 1780. 



Chapter 74. 

Char) 74 i^esolve directing the selectmen of the town of 

■t^' LINCOLN TO SUPPLY ELIZABETH LUCKIS AND FAMILY 

WITH NECESSARIES AGREEABLE TO THE RESOLVES PASSED 
THE GENERAL COURT FOR SUPPLIES OF SOLDIERS FAMI- 
LIES. 

Whereas it apj^ears to this Court, that Elizabeth Luckis, 
wife to a continental soldier engaged during the war, with 
her family, is now resident in the town of Lincoln, and 
for some time past have not been supplied with the neces- 
saries of life, agreeable to a resolve of the General Court, 
passed October 10, 1777, and another resolve passed Feb- 
ruary 6, 1779, as also another resolve passed April 7, 
1780, 071 account of some doubts whether said family coine 
within the intent and meaning of said resolves: 

Therefore Resolved, That the selectmen of the town of 
Lincoln, be and hereby are directed, to supply Elizabeth 
Luckis and family with necessaries as directed by the 
resolves aforesaid, for the families of soldiers therein 
mentioned, and lay their accounts for said supplies and 
their own services before the committee on accounts for 
allowance and payment. November 22, 1780. 



Chap. 75 



Chapter 75. 

RESOLVE ON THE PETITION OF CALEB PHILLIPS AND TIM- 
OTHY ROCKWOOD, EMPOWERING THEM TO MAKE SALE OF 
THE REAL ESTATE OF ESTHER ROCKWOOD, DECEASED, 
MENTIONED IN THEIR PETITION. 

On the petition of Caleb Phillips and Timothy Rock- 
wood, executors to the last will and testament of Esther 
Rockwood, of Medway, in the county of Suffolk, in 
tvhich tvill she jjroj)osed to have her real estate sold and 
applied to purposes and persons afterwards mentioned in 
her said will, but did not appoint any person or persons 



1780. — October Session. 173 

to sell the same, and praying that some person may he 
appointed to sell said estate; 

Therefore Resolved, Tliat the said Caleb Phillips and 
Timothy Rock wood be, and they are hereby authorised 
and impowered to sell for the most the same will fetch, 
(they observing the direction of the law for the sale of 
real estates by executors and administrators) the real 
estate of the aforesaid Esther RocJctvood, deceased, and 
make and execute a good and lawful deed or deeds of the 
same, or otherways make and execute such a title as shall 
correspond with the title the said Esther Rocl'ivood had 
to the said estate at the time of her decease, they the said 
Caleb Phillips and Timothy Rockioood giving proper 
security to the Judge of proljate for the county of Suffolk, 
that the neat proceeds arising from the aforesaid sale or 
sales, shall be applied to the purpose and paid to the 
several legatees mentioned in the aforesaid will. 

November 22, 1 780. 



Chapter 76. 

RESOLVE ON THE PETITION OF AXX DEZERT, WIDOW, LATE /^7,y,^, rja 
OF CHARLESTOWX, EMPO\VERING CERTAIN TRUSTEES^ " *" 
NAMED, TO SELL AND CONVEY THE LANDS MENTIONED. 

On the petition of Ann Dizert, widow, late of Charles- 
town, but note ivitJcout any settled home, praying that 
some suitable and honest person or persons may be 
appointed as trustees, to sell the lands lying in Blanford 
which John Foye, Esq; late of Charlestown, deceased, 
gave in his last will and testament to the improvement of 
the said Ann, and after her decease to her children, for 
reasons mentioned in said petition. 

Resolved, That the prayer of the said petition be 
granted, and that Peter Tufts and Isaac Mallet of Charles- 
town, and David 3Iunro of Stoio, be and hereliy are 
appointed trustees, with full power and authority to sell 
and convey all the lands that the aforesaid John Foye 
gave to the said Ann and her children, in his last will 
and testament, lying in the town of Blanford, in the 
county o^ Hampshire, for the most they will fetch, (they 
observing the direction of the law for the sale of real 
estates by executors and administrators) and make and 
execute a good deed or deeds thereof to the purchaser 



174 1780. — October Session. 

or purchasers of the same, or otherwise convey a title 
to said lands which shall comport with the title the said 
Ann and her children have thereto, and as soon as may 
be lay out the neat proceeds arising from said sale in 
some real estate that may be suitable for present improve- 
ment, and take lawful security of the same in such 
manner and form that the aforesaid Ann may have the 
improvement of it during her life, and after her decease 
it may be and remain to her children forever, as the 
above-said lands in Blanford might and would have done 
if they had not been sold ; and they the said Peter Tufts, 
Isaac Mallet, and David Munro, shall account with the 
Judge of Probate for the county of Middlesex, when 
called thereunto, relating to the faithful discharge of 
their trust in the premises. November 24, 1780. 



Chap. 11 



Chapter 77. 

RESOLVE DISCHARGING THE COMMITTEE APPOINTED TO CON- 
CUR AND PAY ACCOUNTS, OF THE SUM OF ONE THOUSAND 
NINE HUNDRED AND NINETY-FIVE POUNDS THIRTEEN 
SHILLINGS AND TWO PENCE, AND MAKING SAID COMMITTEE 
ACCOUNTABLE FOR A BALANCE OF FOUR POUNDS SIX 
SHILLINGS AND TEN PENCE. 

Whereas the committee apjjointed on the part of the 
Senate to concur and pay accounts, have received of the 
Treasurer of this Commonwealth, by virtue of a ivarrant 
from his Excellency the Governor, dated the 4th instant, 
two thousand pounds in bills of the new emission, 
and have produced good and sufficient vouchers, to the 
satisfaction of the cominittee for auditing the public 
accounts, as by the certificate of said committee may 
appear, for the expenditure of one thousand nine hundred 
and ninety-tive pounds thirteen shillings and two pence : 
Therefore, 

Resolved, That the committee for paying accounts as 
aforesaid, be discharged of the afore-mentioned sum of 
one thousand nine hundred and ninety five pounds thirteen 
shillings and two pence, paid as aforesaid, and leaving a 
balance oi four pounds six shillings and ten pence, due to 
the Commonwealth, for which said committee is to be 
accountable. November 24, 1780. 



1780. — October Session. 175 

Chapter 78. 

RESOLVE DIRECTING THE TREASURER TO CREDIT THE TOWN (JJidy^ 78 
OF WASHINGTON ONE THIRD PART OF ALL THEIR TAXES ^ ' 

SINCE THE 14th JUNE LAST. 

WJieveas it ajipears hij a resolve of tlie General Court 
of this State, of June 14('7i, 1780, that the toivn of Wash- 
ington, in the last valuation, icas doomed a much larger 
sum than teas their just proportion of said valuation: 
And luhereas it further appears, that by said resolve the 
Treasurer of this Commomvealth was directed to credit 
the said town of "Washington a sum equal to one third 
part of the taxes set upon said toicn from the last valua- 
tion to the said 14:th day of June ; and whereas it appears 
that the same disproportion still continues to operate: 
Therefore, 

Resolved, That the Treasurer of this Commonwealth be, 
and he is hereby directed, to credit the town of Wash- 
ington a sum equal to the amount of one third part of all 
the taxes set upon the said town of Washington since the 
14th of June last. November 24, 1780. 

Chapter 79. 

RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER fjhnjy 70 
EBENEZER CROSBY, SURGEON OF THE CORPS OF GUARDS, -^ 

SUCH GLOATHING AS HE IS ENTITLED TO. 

Whereas Ebenezer Crosl^y, Surgeon of the corps of 
guards, has represented to this Court that he has not as 
yet received any cloathing from this State, and that he is 
in great want thereof: Therefore, 

Resolved, That the Board of War be directed, and they 
are hereby directed, to deliver to Ebenezer Crosby, Sur- 
geon of the corps of guards, such articles of cloathing as 
he is entitled to receive by the resolution of Congress of 
the 20th of JSTov. 1771), any prior application notwith- 
standing : And in case the Board of War have not the 
above articles of cloathing, they are hereby directed to 
pay to the aforesaid Ebenezer Crosby a sum of money 
sufficient to purchase the same, taking his receipts 
therefor. November 23, 1780. 



176 1780. — October Session. 

Chapter 80. 
Char)' 80 ^ grant of one hundred twentt-thbee pounds sixteen 

^' SHILLINGS AND SEVEN PENCE TO BENJAMIN ALLINE, FOR 

MEDICINES DELIVERED THE 5th OF APRIL, 1775. 

On the petition q/'Benjamin AUine, pr«?//?7V that he may 
be allowed and paid for three cJieMi< of medicines delivered 
to Dr. Benjamin Church, on the hth day of April, 1775, 
for the use and service of tlie State o/" Massachusetts-Bay : 
. Remlved, That the prayer of the petition be granted, 
and that there be paid out of the treasury of this Com- 
monwealth, to Benjamin AUine, one hundred tiventy-three 
l)ounds sixteen shillinr/s and seven pence, of the new cur- 
rency, which sum is in full of what is due to him the said 
Benjamin Alline, as on a balance with the interest of the 
same, for the above three mentioned chests of medicines. 

Novemher 24, 1780. 

Chapter 81. 

Chap. 81 RESOLVE ON THE PETITION OF MESSIEURS PROCTOR AND 
^ ' LOWELL, RESPECTING THE SALE OF CERTAIN ARTICLES. 

On the petition of Messieurs Proctor and Lowell, pray- 
inr/ for leave to sell a quantity of leather breeches and 
writing-paper^ belonginrf to a Dutch gentleman, who is 
obliged to leave this Commomcealth in a feiv days, at 
j)nblic auction : 

Resolved, That the prayer of the petition be granted ; 
and that the said Proctor and Lowell have leave to sell 
said articles at public auction, any law or resolve to the 
contrary notwithstanding. Novemher 24, 1780. 

Chapter 83. 
Char). 82 resolve for lengthening out the time for the several 

^ * towns AND plantations IN THIS COMMONWEALTH TO 

COMPLY W^TH THE RESOLUTIONS OF THE GENERAL COURT 
FOR PROCURING BEEF FOR THE ARMY TO THE 20th 
DECEMBER NEXT. 

Resolved, That the several towns and plantations in 
this Commonwealth, that have not complyed with the 
resolutions of the General Court of the 25th September 
■ last, for procuring beef for the army, have liberty to pay 
beef, or so much money as in the judgment of the 
committee for superintending purchases may be sufficient. 



1780. — October Session. 177 

at the time of payment, to purchase the same, as is 
provided in said resolutions, until the 20th day oi Decem- 
ber next, said resolutions notwithstanding. 

And it is further Resolred, That if any town or planta- 
tion shall be deficient on said 20th day of December^ as 
to the quantity of beef required, or money sufficient to 
purchase the same, said town or plantation shall then be 
deemed to have incurred the penalty of the resolves of 
the 25th of September last, and no farther lenity shall be 
extended to any such delinquent town or plantation. 

November 24, 1780. 

Chapter 83. 

A GRANT OF ONE HUNDRED FORTT-SIX POUNDS THREE Qhttp. 83 
SHILLINGS AND SEVEN PENCE, TO COL. JOHN ALLEN, ^' 

SUPERINTENDANT OF THE INDIANS IN THE EASTERN PART 
OF THIS COMMONWEALTH. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth, to Col. John Allen, Superintend- 
ant of the Indians in the eastern part of this Common- 
wealth, the sum of one hundred forty-six pounds three 
shillings and seven pence, new emission, in full of the 
balance of his accounts to the first day of June, 1780, 
as certified by the committee for methodizino; and settling 
accounts ; said sum to be charged to the United States. 

November 24, 1780. 

Chapter 84. 

A GRANT OF TWO HUNDRED THIRTY-FIVE POUNDS AND TWO (JJiqj) §4 
SHILLINGS TO JOHN CURRY, ESQ; FOR SUPPLIES MADE TO ^ * 

THE INDIANS, AS CERTIFIED BY COL. ALLEN. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth, to John Curry, Esq; the sum of 
two hundi'ed thirty-Jive pounds and two shillings, new 
emission, in full for supplies by him made to the Indians, 
as certified by Col. John Allen, the said sum to be 
charged to the United States. November 24, 1780. 

Chapter 85. 

A GRANT OF FORTY POUNDS TO WILLIAM BAKER, MESSENGER njffj^j Qn 
TO THE GENERAL COURT. yjftUJJ. OO 

Resolved, That there be paid out of the public treasury 
of this Commonwealth, the sum oi forty pounds in the 



178 1780. — October Session. 

new emission, to Wilhmn Baker, messenger to the 
General Court, to enable him to purchase candles, wood 
and coal for the use of the General Court, he to.be 
accountable for the expenditure of the same. 

November 25, 17S0. 



Chapter 86. 

Chap. 86 RESOLVE respecting the settlement with those 

OFFICERS WHO HAVE RECEIVED MONEY FOR THE PURPOSE 
OF ENLISTING THIS COMMONWEALTH'S QUOTA OF THE 
ARMY, AND REQUESTING THE GOVERNOR AND COUNCIL TO 
EXAMINE THE RETURNS THAT HAVE BEEN MADE, AND TO 
MAKE THE ADJUSTMENT. 

Wliereas large sums of money have been paid out of 
the public treasury of this Commonwealth, in order to 
inlist our quota of the Continental army, a considerable 
part of ivhich was committed to Major- General Heath, 
for the expenditure oftvhich he has transmitted his account 
and vouchers to the General Court ; but no settlement has 
been, made with those officers who have received money for 
the above pwpose; and whereas it is necessary that an 
adjustment should be made with such officers, and also that 
this Commonwealth should be furnished with a return 
(descriptive of the persons and towns they belong to, the 
time when and by ivhoni they were enlisted) of all the men 
engaged to serve during the war, belonging to the fifteen 
battalions, the corps of light dragoons, artillery and artil- 
lery artificers, or that are in any other corps not belong- 
ing to this Commomvealth, including non-commissioned 
officers and private soldiers belonging to this Comjnon- 
wealth : Therefore, 

Resolved, That his Excellency the Governor and the 
honorable Council be, and hereby are requested, to 
examine the returns that have already been made, and 
take every necessary measure to procure such men as 
may be found necessary for the purposes above-mentioned, 
and also that this Commonwealth, in filling up the Conti- 
nental army, may be able to do justice to the several 
towns of the same, by crediting them for the men they 
have actually in the service of the United States. 

And it is further Resolved, That his Excellency the 
Governor and the honorable Council be, and hereby are, 
after having obtained returns as above-mentioned, re- 



1780. — October Session. 179 

quested to make the adjustment between this Common- 
wealth and the several otficers who have received money 
for the purpose of enlisting men during the war. 

November 25, 1 780. 

Chapter 87. 

RESOLVE APPOINTING MUSTER-MASTERS FOR EACH COUNTY (JhciJ)' 87 
IX THIS COMMONWEALTH, TO MUSTER THE MEN THAT ^ ' 

SHALL ENLIST INTO THE CONTINENTAL ARMY. 

Resolved, That the following persons be appointed in 
each county to muster the men that shall inlist into the 
Continental army, viz. 

For the county of Suffolk, Mr. Edward Green, Capt. 
Asa White, ]Major Sefh BulJard. 

For the county of Essex, Mr. Joseph HiVer, Col. 
Samuel Johnson, Col. JSFathaniel Wade, and Mr. Eben- 
ezer March. 

For the county of Middlesex, Jonas Howard, Esq ; 

For the county of Hampshire, Col. Buggies Wood- 
bridge, and Major David Eicl'enson. 

For the county of Pbjmouth, Capt. James Hatch, and 
Mr. Thomas Sprout. 

For the county of Barnstable, Joseph Otis, Esq, and 
Col. Zenas Winslo^r. 

For the county of Bristol, Mr. N^athaniel Morton, od, 
and Major Silas Cohh. 

For the county of Worcester, Major Bartholomev 
Woodbury , William Bunsmore, Esq ; and Major Joseph 
Bowman. 

For the county of Yorlx, Capt. Joseph Bragdon, jun. 
Joshua Clark and Dominicus Goodwin, Esq'rs. 

For the county of Cumberland, Col. Peter JVoijes, and 
Col. Jonathan Mitchell. 

For the county of Lincoln, Brigadier Harndel. 

For the county of BerksJiire, Trueman Wheeler, Esq ; 
and Mr. Ezra Hoyt. November 29, 1780. 

Chapter 88. 

RESOLVE APPOINTING SUPERINTENDENTS FOR EACH COUNTY (JhaiJ 88 
IN THIS COMMONWEALTH. ^ * 

Besolved, That the following persons be and hereby 
are appointed Superintendents for each county, viz. 
For the county of Suffolk, jNIr. Edward Green. 



180 1780. — October Session. 

For the county of Essex, Col. Israel Hutchinson. 
For the county of Middlesex, Major Joseph Hosiner. 
For the county of Hampshire, Major JVoah Goodman. 
For the county of Plymouth, ^la^ov jSFathaniel Gooding. 
For the county of Barnstable, Col. JSTathamel Freeman. 
For the county of Bristol, Col. James Williams. 
For the county of Worcester, Major Seth Washburn, 
For the county of York, Col. Ichabod Goodwin. 
For the county of Cumberland, John Leicis, Esq ; 
For the county of Lincoln, Col. Hummer Sewall. 
For the county of Berkshire, Capt. William Walker. 

November 29, 1780. 

Chapter 89. 

Chav 89 i^ESOLVE requiring the muster-masters and SUPERIN- 
^* "^ tendants to be sworn to the faithful discharge of 

THEIR respective OFFICES. 

Whereas it is thought necessary that the Cluster-Mas- 
ters and Superintendants be sicorn into their respective 
offices to qualify them for acting in said office: 

Be it therefore Resolved, That each and every Mus- 
ter-Master and Superintendant be sworn to the faithful 
discharge of his or their duty as Muster-Masters or 
Superintendants, before he or they enter upon the same ; 
and that any Justice of the Peace within. this Common- 
wealth be. empowered and directed to administer the same 
accordingly. • November 29, 1780. 



Chap. 90 



Chapter 90. 

RESOLVE PRESCRIBING A FORM OF INLISTMENT FOR THE MEN 
BELONGING TO THIS COMMONWEALTH, WHO SHALL INLIST 
INTO THE SERVICE OF THE UNITED STATES, TO CONTINUE 
IN THE SERVICE UNTIL THE END OF THE PRESENT WAR 
WITH BRITAIN. 

A resolve prescribing the form of inlistment for those 
men belonging to this Commomvealth, who shall inlist 
into the service of the United States, to continue in the 
service until the end of the present icar with Britain : 

We the subscribers do hereby severally inlist ourselves 
into the service of the United States of America, to con- 
tinue in that service until the end of the present war 
with Britain, unless sooner regularly discharged : We 



1780. — October " Sessiox. 181 

enofao-e to be under the command of the General Officers 
of the United States of America, which are or may be 
appointed, and faithfiill}^ to observe and obey all such 
orders as we from time to time shall receive from our 
officers ; and to be under such regulations, in every 
respect, as are or may be provided for the army of the 
aforesaid States. 

Dated this day of A. D. 1 780. 

November 29, 1 780. 



Chapter 91. 

i. FORM OF INLISTMENT FOR THE MEN QTin'tj 91 
COMMONWEALTH, WHO SHALL INLIST ^ ' 



RESOLVE PRESCRIBING A 
BELONGING TO THIS 
INTO THE SERVICE OF THE UNITED STATES, TO CONTINUE 
FOR THE TERM OF THREE YEARS. 

A resolve prescribing a form of inlistment for the men 
belonging to this Commonwealth, icho shall inlist into the 
service of the United States, to continue for the term of 
three years: 

We the subscribers do hereby severally inlist ourselves 
into the service of the United States of America, to con- 
tinue in that service for the term of three years, unless 
sooner regularly discharged : We engage to be under 
the command of the General Officers of the United States 
oi America, which are or may be appointed and faithfully 
to observe and obey all such orders as we from time to 
time shall receive from our officers ; and to be under such 
regulations, in every respect, as are or may be provided 
for the army of the aforesaid States. 

Dated this day of A. D. 1780. _ 

November 29, 1780. 



Chapter 93. 

RESOLVE ON THE PETITION OF ROBERT BELL. 

On the petition q/' Robert V>^, j)raying for liberty to 
sell a. number of books, ichich he has brought info this 
Commonwealth at a very great expence, at public auction, 
for reasons set forth in his petition : 

Resolved, That the prayer of the petition be granted, 
and that the said Robert Bell have liberty to sell said 
books at public auction, any law or resolve of this Com- 
monwealth to the contrary notwithstanding. 

November 29, 1780. 



Chap. 92 



182 1780. — October Session. 

Chapter 93. 

Char) 93 resolve granting a tax of one thousand five hun- 

^ ' DRED POUNDS ON THE POLLS AND ESTATES BOTH REAL 

AND PERSONAL, WITHIN THE COUNTY OF HAMPSHIRE, FOR 
DEFREYING THE CHARGES NECESSARY FOR THE ADMINIS- 
TRATION OF JUSTICE IN THE SAID COUNTY. 

Whereas the Court of General Sessions of the Peace for 
the county of Hampshire have represented to this Court, 
• that there are debts due from the said county to indi- 
viduals, amounting at least to the sum of twelve hundred 
pounds, neiv currency, beyond the amount of all the monies 
in the treasury of said county, and the monies granted 
or ordered, ichich are yet outstanding, and that in order 
that justice may be done and the charges necessary for the 
administration of justice in the said county be defrayed, 
it is absolutely necessary thai a sum not short of fifteen 
hundred pounds, new currency, should be raised in said 
county immediately . 

Resolved, That there be and hereby is granted, a tax 
oi fifteen hundred jpounds, new currency, to be levied on 
the polls and estates, both real and personal, within the 
said county of Hampshire. And the Clerk of the Court 
of General Sessions of the Peace for said county of 
Hampshire is hereby impowered to issue his order to the 
selectmen or assessors of the several towns and planta- 
tions in the said county, to assess such towns or planta- 
tions proportion of the same, in the manner pointed out 
by the law of this State, directing how county charges 
are to be defrayed. And the Treasurer of the said 
county is hereby impowered to enforce the payment of 
the monies so ordered to be assessed by the rules and 
methods prescribed by law to enable the Treasurer and 
Receiver-General to gather in the State taxes. 

November 28, 1780. 



Chap. 94 



Chapter 94. 

RESOLVE ON THE PETITION OF TOBIAS NORMAN A'SB THREE 
OTHER SUBJECTS OF THE KING OF SWEDEN, RECOM- 
MENDING TO COL. HATCH TO AFFORD THEM ASSISTANCE TO 
ENABLE THEM TO ATTEND UPON GENERAL WASHINGTON. 

On the petition of Tobias Norman and three other sub- 
jects of the King of Sweden. 

The committee on the foregoing petition beg leave to 
report, that from conversation with the subscribers of the 



1780. — October Session. 183 

said petition, and from the papers produced by them, the 
committee are satisfied that the said petitioners have l)een 
officers in the guards of the King of Sweden, and are 
now absent from his service by his permission ; that 
they have not monies sufficient to supi)ort them in a 
journey to head-quarters ; the committee therefore beg 
leave to report, that it be recommended to Col. Hatch, 
deputy-quarter-master-general, that he afford to said 
petitioners such aid as shall be necessary to enable them 
to attend upon General Washinr/ton at head-quarters, 
and to convey their baggage thither. 

November 28,1780. 

Chapter 95. 

RESOLVE FOR SELLING AT PUBLIC AUCTION THE ESTATES (JJinn 95 
AND EFFECTS OF ABSENTEES, EXCEPTING SUCH AS WERE '' " 

UNDER MORTGAGES BEFORE THE 19th OF APRIL, 1775, OR 
BY ORDER OF THE GENERAL COURT. 

Whereas the public service requires that sale be made as 
soon as maybe of certain estates real and personal, late 
the property of jjersons icho have left this Commonwealth 
and fied for protection to' the enemies of the United States ; 
it is 

Resolved, That such of the said estates and effects as 
are or shall be confiscated to the use of this Common- 
wealth, be sold at public auction, excepting such of 
those estates as were under mortgage before the 19th 
day of April 1775, or such as are under mortgage or 
lease for years by order of the General Court, by a 
committee for each county to be appointed by a subse- 
quent resolve, for the value thereof in the new emis- 
sion of money or the old continental money equivalent 
thereto, estimating the same at the rate of forty dollars 
in the old money for one. of the new ; and the said com- 
mittee are hereby empowered and directed to call upon 
the committee of sequestration, or their agents and trus- 
tees, and on the agents appointed by the Judges of Pro- 
bate in the several counties, to take charge of the estates 
or effects of the said absentees, for such personal effects 
as may have been committed to them respectivel}', and 
the said committees and agents are hereby directed to 
deliver to the committees aforesaid, or either of them, all 
goods, wares, merchandize or effects whatsover, which 



18i 1780. — October Session. 

they may have received or taken agency upon, as the 
estate of any of the absentees aforesaid, in order for 
sale. And the said sale shall be made in such part of 
the county in which the said real or personal estate may 
be, as shall be found most convenient by the said com- 
mittee or either two of them, they giving notice of the 
same by publishing advertisements thereof in two of the 
Boston, and the Worcester, Hartford, or Providence news- 
papers, and also in one or more of the most public places 
in three or four of the adjacent towns, at least fifteen 
days before the time of sale. Provided nevertheless. 
That the said committee have, and they hereby have 
delegated to them a discretionary power to suspend the 
sale of any one or more of the said real estates, or of 
any part of them, or of the whole or any part of the 
personal estates aforesaid, which may be incumbered 
with debts for the further order of the General Court ; 
and they are hereby directed in case of such suspension, 
to make report of the same to this Court. 
And it is further Resolved, 

That Ehenezer Wales, Samuel Henshav) and Samuel 
Barret, Esq'rs. be a committee for the said purposes for 
the county of Suffolk 

Capt. Samuel Ward, Col. Israel Hutchinson, and 
Dummer Jewett, Esq ; be a committee for said purposes 
for the county of Essex. 

The Hon. James Prescot, Esq ; Major JosepJi Hosuier, 
and Col. Samuel Thatcher, be a committee for said pur- 
poses for the county of Middlesex. 

John Fessenden, Esq ; Mr. Caleb Ammidoii, and Jon- 
athan Warner, Esq ; be a committee for said purposes for 
the county of Worcester. 

John Kirkland, Esq ; Deacon David Smead, and 
Capt. Benjamin Bonney, be a committee for said })ur- 
poses for the county of HampsJiire. 

Capt. Israel Washburne, Samuel Tobey, Esq ; and 
Capt. Isaac Hodges, be a committee for said purposes 
for the county of Bristol. 

Nathaniel Freeman, Joseph Otis, and the Honorable 
Daniel'- Davis, Esq'rs. be a committee for said purposes 
for the county of Barnstable. 

Mr. John Hill, Col. Edioard Grow, and Col. Thomas 
Cutts, be a committee for said purposes for the county of 
York. 



1780. — October Session. 185 

Col. John Ashley, jiin. Col. Jonathan Smith, and 
Nathaniel Kinsley, Esq ; be a committee for said pur- 
poses for the county of Berkshire. 

Capt. Nathan Mitchell, Capt. Joseph Smith, and Mr. 
Zehedee Sprout, be a committee for said purposes for the 
county of Plymouth. 

John Lewis, Solomon Lombard, Esq'rs. and Deacon 
Samuel Small, be a committee for said purposes for the 
county of Cumberland. 

For the county of Lincoln. 

For the county of Dukes- (bounty. 

For the county of Nantucket. 

And the said committee, or either two of them, are 
hereby authorized, empowered and directed, to make 
and execute good and sufficient deeds and bills of sale 
of the aforesaid real estates and personal effects respec- 
tively, and in the name of this Commonwealth to warrant 
the said real estates to the purchaser or purchasers, upon 
his, her or their paying into the hands of the said com- 
mittee the full sum or sums which he, she or they shall 
have Ijidden for the same ; and the said committee are 
hereby directed to pay, or cause to be paid, the sums so 
received into the treasury of this Commonwealth, as 
soon as may be after receiving the same, taking dupli- 
cate receipts of the Treasurer for the said sum or sums, 
lodging one of the said receipts in the Secretary's 
office ; and the Treasurer is hereby directed to retain 
the said monies in his hands for the order of the 
General Court, in order that creditors to such estates 
may receive their just dues in such way and manner as 
the General Court shall direct. November 29, 1780. 

Chapter 96. 

RESOLVE REQUESTING THE GOVERNOR TO TRANSMIT TO CON- Chaj). 96 
GRESS COPIES OF A LETTER RECEIVED FROM COL. JOHN ^ * 

ALLEN, OF THE 2d INST. AND TO REPRESENT THE IMPOR- 
TANCE OF SUPPORTING THE EASTERN DEPARTMENT, AND 
DIRECTING THE COMMANDING OFFICER AT MACHIAS TO 
INLIST A COMPANY OF MEN, AND EMPOWERING THE GOV- 
ERNOR AND COUNCIL TO GIVE SOME PERSON AN EXCLUSIVE 
RIGHT TO TRADE WITH THE INDIANS, AND DIRECTING THE 
BOARD OF WAR TO SUPPLY CERTAIN ARTICLES. 

Wliereas the support and defence of the Eastern depart- 
ment of this Commonwealth, and the commerce and friend- 
ship of the several tribes of Indians ivithin the same. 



186 1780. — October Session. 

and in the vicinity thereof, are of great importance to 
the United States: It is 

Resolved, That his Excellency the Governor be, unci 
he hereby is requested, to transmit to Congress copies of 
the letter received from Col. John AlJen, Superintendant 
of the Eastern Indian dei)arfment, of the 2d inst. and of 
the papers accompanjnng the same, containing the state 
of the garrison, with the several official returns, and also 
to represent, in the fullest manner possible, the importance 
of the said department to the States in general, with the 
propriety and reasonableness of supporting and defending 
the said department at the expence of the United States, 
and to request of Congress to signify as soon as may l)e 
their determination respecting the same. 

Also BesoJved, That his Excellency the Governor with 
the advice of Council, be impowered and requested to 
license some suitable person to have an exclusive right 
to trade with and supply the said Indians in the eastern 
department with necessaries, until the further order of 
the General Court, to be under such oi'ders and regula- 
tions as the Governor and Council shall think necessary 
for and c'onsistant with the public safety. 

And whereas it is necessary to augment the garrison of 
Machias, ivithin the said department. 

It is Resolved, That the commanding officer of the same 
be, and he is hereliy directed, immediately to issue his 
orders for inlisting from among the militia within the 
said department, a company consisting of forty men, 
officers included, to be in addition to the artillery 
compan}^ already inlisted and doing duty at the said 
garrison, to be under the same command, and to be and 
continue in the said service from the 25th day of Decem- 
ber next ensuing, to the 25th December, 1781. 

And it is further Resolved, That the Board of War be 
and they hereby are directed to provide, as speedily as 
possible, such quantities of cloathing, provisions, arms, 
and ammunition, as the Governor and Council shall direct, 
for the supply of the said men, and for the further supply 
of the garrison of Machias and its dependencies, and that 
they make the necessary repairs on the schooner N^ear- 
quovait, now in the harbour of Boston, and forward in 
the same the said cloathing, provisions, arms and ammu- 
nition, without loss of time, under care of Lieut. James 
Avery, agent to Col. Jolin Allen, superintendant to the 
Eastern Indian department. November 29, 1780. 



1780. — October Session. 187 

Chapter 97. 

RESOLVE ON THE PETITION OF JOHN HAYWOOD WINSLOW, OF (JJkxj) 97 
y OVA-SCOTIA. ^ ' 

On the petition of John H.aywood Winslow, of Annap- 
olis, in the 'province of Nova-Seotia, shewing, that he 
obtained a permit from that government to come to Boston, 
merelt/ to transact his private concerns, and not hnowing 
it was necessary that he should obtain the leave of this 
government, came here without it, and is now in custody 
as a prisoner, and praying that lie maybe liberated and 
p)ermitled to transact his business aforesaid, and return 
Jiome to his family : 

liesolved, That the prayer of the petition be granted, 
he the said John Haywood Winslow giving l)ond to the 
Treasurer of this Commonwealth, with one or more suffi- 
cient bondsmen, in the sum of one thousand pounds new 
currency, conditioned that the said John Haywood Wins- 
low shall do or say nothing to the detriment of this or 
any of the United States. November 29, 1780. 



Chapter 98. 

RESOLVE COMMISSIONING THE COMMITTEE APPOINTED TO 
REVISE THE LAWS 

Resolved, That the following be the commission of the 
committee appointed to revise the laws, viz. 
To the Honorable James Bowdoin, William Gushing, 

Nathaniel Peasely Sergeant, David Sewall, James 

Sullivan, Robert Treat Paine and John Pickering, 

JSsc/rs. Gentlemen, 

Inasmuch as at the commencement of the constitution of 
government in this Oommomvealth, it ivas thought neces- 
sary to have a revision and republication of the laivs of 
the same, the legislature thereof, reposing especial confi- 
dence in your abilities, integrity, experience and knowl- 
edge of the genius of the pjeojile who are to be governed 
by the same, have, on the 27th of this instant, by ballot, 
app>ointed you to this service, and hereby request that 
you would, as soon as may be, enter upon the revision of 
all acts and laws which have heretofore been in use and 
jjractised in this CommomvealtJi ; that you woidd select, 
abridge, alter, digest, and methodize the same, so as to 
make them consistent loith the constitution, and intelligible 



Chap. 98 



188 1780. — October Session. 

to the common people ; that you would frame such other acts 
and laws as you shall think necessary to the good govern- 
Tnent and happiness of this Commonivealth , and also sucli 
modes of proceeding in courts of justice, and such blank 
forms of all jjrocesses as you shall Judge useful and best to 
be known and observed, and rejwrt to the General Court 
as soon as may be. November 30, 1780. 



Chapter 99. 



Chap). 99 



A GRANT OF ONE HUNDRED AND SEVENTY-TWO POUNDS TEN 
SHILLINGS AND NINE PENCE TO COL. LEWIS MARESQUELLE. 

On the p)Gtition of Col. Maresquelle, setting forth, that 
he was employed by this Commonwealth as Inspector- Gen- 
eral of all the founderies in this Commonivealth, for an 
annual salary of three hundred pounds ; that the paper 
bills had much depreciated since that agreement, to his 
great loss, praying that the depreciation may be made up 
to him. 

Resolved, That there be granted and paid to the said 
Col. de Maresquelle, out of the public treasury of this 
Commonwealth, the sum of one hundred and seventy-two 
pounds ten shillings and nine pence of the new emission, 
in full balance of his salary aforesaid, and the depreciation 
thereon, to this day. November 30, 1780. 



Chap.lOO 



Chapter 100. 

RESOLVE DIRECTING THE COMMITTEE FOR SUPERINTENDING 
PURCHASES, TO RECEIVE IN THE COUNTIES OF HAMPSHIRE 
A':<iI)lBERKSHIRE FORAGE OF ANY KIND IN LIEU OF BEEF. 

The committee of both houses on the letter of Timothy 
Pickering, JSsq; Q. M. G. take leave to report the follow- 
ing resolve. 

Resolved, That the committee for superintending pur- 
chases be, and are hereby directed, to receive in the 
counties of Hampshire and Berkshire, what forage of any 
kind, in lieu of beef assessed on the towns, to the amount 
of fifteen thousand bushels ; and said committee or their 
agents, in their receipts for grain, are directed to express 
how much beef the quantity of grain received would, at 
the time of receiving it, purchase, and said receipts shall 
be a sufficient discharge for that quantity. 

November 30, 1 780. 



1780. — October Session. 189 

Chapter 101. 

RESOLVE ANNOUNCING THE ELECTION OF HIS HONOR THOMAS Chcip.lOl 
CUSHIXG, ESQ ; LIEUTENANT GOVERNOR, FROM THE BALCONY 
OF THE STATE HOUSE. 

Resolved, That the following declaration be publicly 
announced from the balcony of the State-House, by the 
Sheriif of the county of Suffolk: viz. 

COMMONWEALTH or MASSACHUSETTS. 
In SENATP:, November 30, 1780. 

In conformity to the constitution of the Commonwealth 
ot Massachusetts, the Senate and House of Representa- 
tives have elected the Honoural^le Thomas Cushing, Esq ; 
Lieutenant Governor. 

We do now publicly declare his Honor Thomas Cush- 
ing, Esq ; to be Lieutenant Governor of this Common- 
wealth, and all officers, civil and military, are to take 
notice thereof and govern themselves accordingly. 
GOD SAVE the Commomcealth of 3Iassachusetts. 

December 1, 1780. 

Chapter 102. 

RESOLVE DIRECTING THE PAYMENT OF INTEREST ON THE NEW (7^(^r).102 
BILLS OF CREDIT COMPUTING SAID INTEREST FROM THE ^ ' 

FIRST DAY OF AUGUST LAST. 

}V7iereas the bills of credit of this Commonwealth, 
emitted in j^ursuance of an act of the General Court 
passed the fifth day q/May last, do promise to thej^ossessor 
an interest of five j^e^' cent, annually, and none of the said 
hills did come into circulation until the first day of August 
last, and it is 7iot reasonable that they shoidd bare interest 
before any of them came into circidation : Therefore, 

Resolved, That the interest promised in said liills of 
credit shall be computed from the first day of August 
last, in all payments from and to the Treasurer of this 
Commonwealth, and the Treasurer is hereby directed to 
govern himself accordingly, from and after the sixth day 
of December instant : And it is further 

Resolved, That all persons impowered to receive and 
pay public monies or intrusted with the same, shall in all 
cases conform to the directions given to the Treasurer by 
the foregoing resolve. December 2, 1780. 



190 1780. — October Session 



Chapter 103. 

Chap.103 RESOLVE FURNISHING THE COMMITTEE FOR SUPERINTENDING 
^ PURCHASES, WITH THE SUM OF FIFTEEN THOUSAIVD 

POUNDS IN CERTIFICATES. 

The committee of both houses on the letter of Samuel 
Osgood, Esq; take leave to report the following resolve. 

Resolved, That the committee for superintending pur- 
chases be furnished with the sum of fifteen thousand 
pounds in certificates, agreeable to the tenor and form in 
the resolve of the 16th of June last; and his Excellency 
the Governor, with the advice of Council, is hereby 
requested to grant his warrant in favor of the aforesaid 
committee for the aforesaid sum in certificates, which 
certificates shall be received by the Treasurer in discharge 
of taxes committed to any collector or constable to col- 
lect, on the last tax granted for five millions six hundred 
thousand p)Ounds. 

And it is further Resolved, That the aforesaid sum in 
certificates be appropriated only for the payment of debts 
now owing from said committee for supplies they have 
already furnished the public with. December 2, 1780. 



Chapter 104. 

(7Aa79.104: RESOLVE FOR RAISING FOUR THOUSAND TWO HUNDRED AND 
^ ' FORTY MEN, TO SUPPLY THE DEFICIENCY OF THIS COMMON- 

WEALTH'S QUOTA OF THE CONTINENTAL ARMY. 

Whereas the Congress of the United States have 
required of this Commonwealth to supply the deficiency of 
0}ir proportion of tJie Continental army: And ivhereas it 
has been abundantly proved by too long experieiice that the 
. measure of short inlistments has been productive of extrav- 
agant expence to towns and individuals, as ivell as to the 
community — has been destructive of order, economy and 
system in our finances — lias been the chief source of the 
disappointments, misfortunes and pterplexities we have 
experienced — and has been the great cause of protracting 1/ 
the ivar, as the enemy have expected that our opposition 
v)ould expire with the expiration of our army ; and though 
disappointed in this expectation, have promised themselves 
that a system which has so embarrassed our measures, and 
afforded the opportunity for most of their successes, which 
has been found destructive by every nation ivho has 



1780. — October Session. 191 

attempted it, must, if persisted in, prove idtimately ruin- 
ous to us; — and as ice have the fullest confidence in the 
readiness of all the good people (whose professions of 
attachment to their country have been honest) to any exer- 
tions needful to accomplish this great purpose, to ichich we 
are called by every consideration of honor, interest, safety 
and hapj)iness, as well as the requisitions of Congress, 
and the solicitations of our illustrious General: 

It is therefore Resolved, That there be immediately 
raised within this Commonwealth, to serve for three years 
or during the continuance of the present war with Great- 
Britain, four thousand two hundred and forty men. And 
for this purpose his Excellency the commander in chief 
of the militia is hereby requested to issue his orders 
without delay, requiring that the several companies of 
militia, under his command be forthwith mustered, and 
that such number of men be raised by each of them as 
is their respective proportion of the number hereinafter 
apportioned on the towns whereof they are inhabitants. 
Which men are to be raised by voluntary inlistment, and 
to be mustered by their respective county ]\Iuster-Masters ; 
and the commanding officer of every company of militia 
within this Commonwealth is hereby required to cause his 
proportion of the aforesaid number of men to be delivered 
to the Superintendant of the county to which he belongs, 
together with a descriptive list of the persons, age, stature 
and place of abode of every soldier, together with the 
regiment, company and town or plantation for which 
he is raised, on or before the thirty-first day of Jan- 
uary next ; and every Superintendant is hereby required 
to cause the men so delivered to him to be immedi- 
atel}' marched to Springfield, or such other place as 
the Commander in Chief of the American forces shall 
appoint as the place of rendezvous, under the care of 
such person as he shall appoint for the service (who 
shall be reasonably paid for his time and expence in 
performing this business, on exhibiting an account thereof, 
with proper vouchers, to the committee on accounts) and 
the Superintendents are further severally directed to 
make a descriptive list as aforesaid of all the men they 
shall send to the place of rendezvous, and to take a 
receipt On each list for the men named therein from the 
person appointed to conduct the same as above-mentioned, 
and also to forward copies of such lists and receipts, 



192 1780. — October Session. 

together with the men borne thereon, to the Secretaiy's 
office, and to the person herein after named as a Commis- 
sioner to receive the troops. 

And it is further Resolved, That ]\Ir. Luke Bliss be, 
and he hereby is appointed a commissioner to repair to 
the place of rendezvous, and there reside for the purpose 
of his appointment ; he shall receive and give receipts for 
such men as shall be delivered to him, agreeably to this 
resolve, and shall deliver them to such continental officer 
as shall be appointed by the Commander in Chief of the 
army to receive them, to be incorporated into the battal- 
ions raised by this Commonwealth, making descriptive 
lists of them as aforesaid, and taking receipts thereon 
from such officer ; copies of Avhicli lists and receipts he 
shall transmit to the said Commander in Chief and to the 
Secretar^^'s office in this Commonwealth. 

Resolved, That the men who shall be raised pursuant 
to these resolves be reckoned to the credit of the town 
or plantation wherein they resided last for the term of 
three months before their inlistment, unless such town or 
plantation shall have raised the proportion of men herein 
assigned to them, in which case, on a certificate of the 
same being given by the superintendant of the same 
county, any man procured from such town or plantation 
shall be reckoned to the credit of the town or planta- 
tion by whom he is procured. 

And whereas the charge of procuriiuj the men herein 
required may operate as an unequal tax upon the com- 
tnunity : 

Resolved, That the selectmen of the several towns and 
committees of th6 several plantations hereinafter named, 
shall, on or before the first day of March 1781, make a 
true return, under oath, of all the hire or bounty which 
shall have been advanced by their respective towns and 
plantations, or by any inhabitants thereof, for the purpose 
of procuring the men herely required, which return shall 
be accompanied with receipts or certificates from the 
soldiers so hired, specifying the sums they respectivel}' 
received ; and the whole amount of the sums which shall 
be returned with proper vouchers as aforesaid, that shall 
appear to have l^een advanced for men, who have ])een 
raised and marched agreeably to these resolves, shall be 
granted in a tax, immediately after the returns are made, 
as required by this resolve ; which whole amount afore- 



1780. — October Session. 193 

said shall be divided by the whole number of men raised 
in all the counties as aforesaid, and the quotient (being 
the average cost of the men) shall be the sum which each 
town and plantation shall be credited in the said tax, for 
each man it shall appear was raised in it and accepted by 
the muster-master, and marched agreeable to the direction 
of these resolves. 

And for the encourcK/ement of the soldiers, it is further 
Resolved, That no deduction be made from the bounties 
and rewards of land, wages, cloathing and refreshments, 
engaged by Congress to such soldiers as may inlist as 
aforesaid, on account of any bounties or encouragements 
given to such soldiers either by particular towns or indi- 
viduals ; and every soldier shall be exempted from all 
taxes on his poll, during his continuance in the public 
service, and also from all taxes on his personal estate 
as well as on his poll for the purpose of raising men for 
the army. 

It is further Resolved, That the selectmen of the several 
towns and committees of the several plantations be and 
they hereby are required, upon application therefor from 
the commanding-officer of any company of militia within 
the same, or from any other persons of repute, being 
inhalntants thereof, to cause the freeholders and other 
qualified voters within the same to meet at some con- 
venient place, to advise and determine on such measures 
as shall appear to them best calculated to carry into exe- 
cution these resolves, and if any town or plantation shall 
neglect to deliver to the superintendant in the same county 
the number of men by these resolves required of them, 
by the said 31st day of January next, for every man they 
shall be deficient, such town or plantation shall forfeit 
such sum as shall appear to have been the average sum 
given to the men who shall have been raised in compliance 
with these resolves, together with an addition of 25 per 
cent on the same ; which sums shall be added to such 
town or plantation's proportion of the tax which shall be 
granted for the payment of the bounties of the men. 

Resolved, That the selectmen of the several towns and 
committees of the several plantations be and they hereby 
are required to pay to each man by them raised six 
shillings, old currency, per mile, to the place of ren- 
dezvous at Springfield, for his support and carrying his 
pack, and to exhibit their accounts to the comndttee on 



194 1780. — October Session. 

accounts for an allowance and payment ; and every soldier 
hereby required from the several towns and plantations 
shall receive a blanket from the superintendant of the 
county where they are raised. 

Resolved, That the agents of the counties of Suffolh, 
Essex, Middlesex, Hamj)shire, Plymouth, Bristol, Wor- 
cester, Berlx-sJiire, Lincoln, York, Cumberland, and Barn- 
stable, that were appointed to receive shirts, shoes, 
stockings and blankets from the several towns in this 
Commonwealth, be directed to supply the superintend- 
ants of the several counties with a sufficient number of 
blankets to enable them to furnish one to each soldier 
delivered to their care, agreeable to these resolves. 

It is further Resolved, That if the superintendants of 
the counties of Lincoln, York and Cnmherland should 
not be able to furnish each man with a blanket, agreeable 
to the above resolve, that Ehenczer Wales and Amasa 
Davis, a committee of supplies, be and they hereby are 
directed to furnish what may be deficient by orders from 
the superintendants of said counties, certifying the num- 
bers of men and their names. 

The muster-masters for the several counties are hereby 
directed to muster the men who shall be raised within 
their respective counties, who shall be offered to them for 
this purpose ; and for this end shall attend at such place 
or places as the Brigadier or commanding officer of the 
brigade shall direct. They are strictly enjoined to ap- 
prove none but such as are able bodied efiective men, 
and in all respects equal to the service for which they 
are engaged ; and previous to executing their office they 
shall, before some Justice of the Peace, take the following 
oath, a certificate of which shall be transmitted to the 
Secretary. 

^'You A. B. being appointed a Muster- Master for the 
county ofC. do solemnly sivear, that you will approve and 
muster such only as in your opinion are able bodied and 
elective Tnen, and in all respects equal to the service for 
■which they are engaged. So help you GOB." 

Resolved, That no prisoner or deserter, who shall be 
inlisted, shall be reckoned to the credit of any town or 
plantation whatever. 

Resolved, That every Brigadier or commanding officer 
of a brigade, who shall neglect an immediate compliance 
with the orders which shall be given him in pursuance of 



1780. — October Session. 195 

these resolves, shall be immediately dismissed from his 
office, and every commanding officer of a regiment who 
shall be guilty of the like neglect, shall be reported by 
his superior officer to the Commander in Chief of the 
militia ; and every commanding officer of a company, 
who shall neglect to muster his company, or to deliver 
the men that shall be raised therein, with a descriptive 
list as aforesaid to the Superintendent, by the said thirty- 
first day of January next, shall forfeit and pay the sum 
of thirty j)Ounds in the new emission of money, to be 
sued for and recovered by the Superintendent for the 
county where the same is incurred, who shall pay two 
thirds of the same into the public treasury, and one third 
shall enure to himself; and where there shall be no 
officers to discharge the duty required by these resolves, 
the selectmen and committee of correspondence, &c. or 
the major part of them, or where there is but oi\e of these 
orders, the major part of such of them as may be there 
subsisting, shall have all the power and authority of the 
commissioned officers of any company, and are hereby 
enjoined to perform the same duties. 

And it is further Resolved, That the several towns and 
plantations within this Commonwealth be, and hereby are 
authorized to agree (if they think fit) upon classing the 
inhabitants thereof at a legal town-meeting called for that 
purpose, in order to procure their proportion of soldiers 
to serve in the Continental army, for three years or 
during the war : And in all towns and plantations where 
the mode of classing shall be adopted, the selectmen of 
such towns, and the assessors of such plantations, or such 
committee as the town or plantation shall appoint for that 
l)urpose, shall divide all the inhabitants thereof, with 
others who were assessed in the hard-mone^^-tax, into 
as many classes as according to the annexed schedule, 
there are men required of such town or plantation, in pro- 
l)ortion to their several taxes, intermixing the poor with 
the rich, so as to make the several classes as nearly equal 
in property and in number of polls as may be with con- 
venience ; and each of said classes shall, on or ])efore the 
twentieth day of January next, procure a good able- 
l)odied eftective soldier to serve in the Continental army 
three years or during the war, unless such town or plan- 
tation shall in some other way procure the whole number 
ot soldiers to be by them raised : And that in case any 



196 1780. — October Session. 

one or more of said classes shall neglect or refuse to 
procure the soldiers assigned them, within the limited 
time aforesaid, such town or plantation is hereby empow- 
ered and directed to procure such soldier for each class 
so neglecting of such town or plantation, and the assess- 
ors shall assess said classes, or the several neglecting 
individuals thereof, in the same proportion they were sev- 
erally assessed in the said hard-money-tax, the full value 
of the sum which shall be expended in procuring said 
soldier, with an additional sum not exceeding double the 
sum advanced to procure the said soldier, as the said 
town shall determine ; and the several collectors of such 
towns or plantations are hereby authorized and required 
to collect said assessments in the same manner as they 
are directed by law to collect town taxes, and pay in the 
same according to the direction contained in the warrant 
which tli^y may receive from the selectmen or assessors 
of such towns or plantations for the purpose of collecting 
said assessments ; and the said selectmen or assessors 
are hereby authorized to grant such warrants, agreeable 
to the form by law prescribed for collecting town taxes, 
mutatis mutandis. 

And it is further Resolved, That those towns or plan- 
tations (which shall class themselves agreeable to this 
resolve, and shall incur the penalties herein before made 
and provided in case of a deficiency in the number of 
men assigned them as their quota) be and hereby are 
authorized and impowered to assess upon the neglecting 
class or classes, or neglecting individuals in said classes 
within their respective towns or plantations (and those 
only) the whole cost and charge that shall arise by their 
deficiency in the number of men respectively assigned 
them. 

And it is further. Resolved, That such towns and plan- 
tations in this Commonwealth as shall have procured and 
mustered, before a muster-master in the county to which 
said town and plantation belongs, any able-bodied eflective 
men , engaged to serve during the present war, on or before 
the first-day oi January next (which men so engaged shall 
proceed to the place of rendezvous with all possible dis- 
patch) shall receive a bounty oi fifty dollars in the new 
emission of money, for each man so engaged and delivered 
over to the Commissioner appointed to receive the men at 
the place of rendezvous, within a reasonable time after 



1780. — October Session. 197 

said man was mustered. And in those towns that shall 
class themselves, or otherwise procure men to serve 
during the war as aforesaid, by companies, said bounties 
shall be paid to those classes or companies which shall so 
procure any able-bodied man, on or before the said first 
day of January next, which bounty shall be distributed 
among the individuals of any class or company, in propor- 
tion to the sums they respectively advanced or engaged 
for the purpose of procuring said men. And his Excel- 
lency the Governor, by and with the advice of Council, is 
hereby requested to issue his warrant on the Treasurer 
in favour of any town, plantation, class, company or 
individual person, for the aforesaid sum oi fifty dollars 
for each man engaged as aforesaid, that shall produce 
sufficient vouchers from the muster-master that mustered 
him, and also from the commissioner appointed to receive 
the men, specifying the time when each man was received ; 
and unless it shall appear to the Governor and Council 
that the person arrived at the place of rendezvous in a 
reasonable time after he was mustered, said bounty of 
fifty dollars shall not be granted. 

It is further liesolved, That one or more of the muster- 
masters of the county where any dispute shall arise about 
diflerent towns claiming the same soldier, shall appoint 
the time and place for hearing the parties concerned, and 
shall notify, or cause to be notified, the selectmen of the 
several towns, and committees of the several plantations, 
claiming or supposed to claim a right to such soldier, to 
appear if they shall think proper (either by themselves 
or such other person or persons as they shall respectively 
appoint) at such time and place ; and after a full hearing 
of the parties appearing, shall determine to what town 
such soldier properly belongs, and shall muster him for 
such town accordingly, if fit for the service. 

Provided nevertheless. That the said muster-master or 
muster-masters may postpone the determination, as the 
case may require. 

It is also Provided, That no muster-master shall pro- 
ceed to the determination in any case where he is inter- 
ested in the event, but in that case the dispute shall be 
decided by one of the next Justices of the Peace within 
this Commonwealth, who is not interested in the event 
of the determination, to be nominated by the muster- 
master, such Justice observing the rules above prescribed, 
to be attended to by the muster-master. 



198 



1780. — October Session. 



And it is further Provided, That no town or plantation 
shall sutler by means of such determination, whose select- 
men or committees were not properly notified. 

And it is further Resolved, That any town or planta- 
tion in the said schedule mentioned, which shall appear 
upon the settlement of the next valuation, to have raised 
more than their proportion of men assessed upon their 
towns or plantations ordered to be raised by these 
resolves, shall be allowed the whole expence so over 
paid, in the next tax after the said valuation is settled. 



THE SCHEDULE. 



County of Suffolk. 

Mo. of Men. 



Boston 

Roxbury 

Dorchester 

Milton . 

Braintree 

Weymouth 

Hingham 

Cohasset 

Dec! ham 

Medfield 

Wren th am 

Brookline 

Needham 

Stoughton 

Stoughtonham 

Medway 

Bellingham , 

Hull . 

Walpole 

Chelsea 

Franklin 

Foxborough 



County of Essex. 

Salem . 

Danvers 

Ipswich 

Newbury 

Newbury-Port 

Marblehead 

Lynn . 

Andover 



Beverly 

Rowley 

Salisbury 

Haverhill 

Gloucester 



181 
29 
23 
16 
38 
19 
27 

9 
37 
14 
21 
10 
17 
29 
12 
14 

7 

3 
15 

8 
16 
10 

555 



73 
32 
52 
47 
52 
50 
27 
41 
33 
26 
19 
28 
40 



County of Essex — Con. 



Topsfield 

Almsbury 

Bradford 

Wenham 

Manchester 

Methuen 

Boxford 

Middleton 



County of Middlesex. 



Cambridge . 

Charlestown 

Watertown 

Woburn 

Concord 

Newton 

Reading 

Marlborougl: 

Billerica 

Framingham 

Lexington 

Chelmsford 

Sherburne 

Sudbury 

Maiden 

Weston 

Medford 

Littleton 

Hopkinton 

Westford 

Waltham 

Stow . 

Groton 

Shirley 

Pepperell 

Townsend 

Ashley 



14 
21 
18 
7 
8 
16 
16 
10 

630 



32 
7 
16 
24 
19 
19 
23 
23 
17 
21 
12 
15 
11 
28 
13 
13 
14 
11 
14 
15 
12 
12 
21 
8 
12 
10 
6 



1780. — October Session. 



199 



County of Middlesex — Con. 



County of Hampshire — Con. 









Xo 


of Men. 








No. 


of Men. 


Stoneham .... 5 


Southwick .... 7 


Wilmington 






. 10 


Norwich 






4 


Natick . 






7 


Ludlow 






5 


Dracut 








. 12 


Levei-ett 






4 


Bedford 








8 


Westhampton 






4 


Holliston 








. 11 


Merryfield . 






3 


Tewksbury 








. 11 


No. 5 or Cummington 


5 


Acton . 








. 11 




Dunstable 








. 10 


485 


Lincoln 








10 






County of Plymouth 




523 


Plymouth . 


. 27 




Scituate 






34 


County of Hampshire. 


Duxbury 






14 


Springfield .... 24 


Marshfield . 






15 


West-Springfleld 




25 


Bridgewater 






61 


Wilbi-aham . 




15 


Middleborough 






49 


Northampton 






21 


Rochester . 






25 


Southampton 






11 


Plympton . 






19 


Hadley 






12 


Pembroke . 






22 


South-Hadley 






7 


Kingston 






11 


Amherst 






14 


Abington 






17 


Granby 






7 


Hanover 






18 


Hatfield 






12 


Halifax 






3 


Whately 






6 


Wareham . 






7 


Williamsburgh 






7 




Westfield . 






18 


322 


Deerfield 






14 




Greenfield . 






10 


County of Worcester. 


Shelburne . 






10 


Worcester . . . .29 


Conway 






12 


Lancaster 








35 


Sunderland . 






6 


Mendon 








27 


Montague . 






7 


Brookfield 








33 


Northfield . 






10 


Oxford 








12 


Brimfield . 






13 


Charlton 








17 


South-Brimfield 






9 


Sutton . 








31 


Monson 






10 


Leicester 








11 


Pelham 






11 


Spencer 








14 


Greenwich . 






11 


Paxton 








8 


Blanford 






11 


Rutland 








14 


Palmer 






10 


Oakham 








7 


Granville . 






16 


Hubbardstor 


1 






7 


New-Salem . 






12 


New-Brainti 


ee . 






12 


Belchertown 






13 


Southborough 






11 


Colerain 






7 


Westborough 






12 


Ware . 






7 


Northborough 






8 


Warwick 






9 


Shrew sbuiy 






21 


Bernardstown 






7 


Limenburgh 






15 


Murrayfield 






6 


Fitchburgh . 






9 


Charlemont 






5 


Uxbridge 








15 


Ashfield 






10 


Haiward 








15 


Worthington 






8 


Dudley 








12 


Buckland 






2 


Barre . 








18 


Shutesbury and EiTingshire 7 


Bolton . 








16 


Chesterfield 






. 


11 


Upton . 








9 



200 



1780. — October Session. 



County 0/ Worcester — Con. 

Ko. of Men. 

16 
13 
19 
12 
9 
10 
12 
15 



Stiii'bridge 

Leominstei" 

Hardwick 

Western 

Holden 

Douglass 

Grafton 

Petersham 

Royalston 

Westminster 

Athol . 

Templeton 

Princeton 

Ashburnham 

Winchendon 

Northbridge 

Ward . 



County of Bristol. 

Taunton 
Rehoboth 
Swansey 
Dartmouth . 

Norton 

Mansfield . 

Attleborough 

Dighton 

Freetown 

Raynham 

Easton 

Berkley 



County of York. 

York . 

Kittery 

Wells . 

Berwick 

Arundell 

Biddeford . 

Pepjierelborough 

Lebanon 

Sandford 

Buxton 

Fryburgh . 

Coxhall 

Massabeseck 

Limerick 

Brownfield . 

Little-Falls . 



12 

11 

12 

9 

7 
7 
7 
5 

603 



38 
43 
24 
76 
16 
12 
27 
15 
18 
12 
14 
9 

304 



29 

31 

28 

39 

12 

10 

11 

7 

8 

9 

7 

3 

4 

1 

1 

2 

202 



County of Barnstable. 

No. of Men. 



Barnstable 

Sandwich 

Yarmouth 

Eastham 

Wellfleet 

Chatham 

Harwich 

Falmouth 

Truro . 



Co^mty of Cumberland. 



31 
22 
24 
17 
8 
9 

19 

17 

9 

166 



Falmouth . 






30 


North-Yarmouth 




22 


Scarborough 




19 


Brunswick . 






10 


Gorham 






15 


Harpswell . 
Windham . 






10 
6 


Cape-Elizabeth 






18 


New-Gloucester 






7 


Gray . 
Pearsontown 






2 
3 


Royalsbui-gh 
Raymondstown 






2 

1 



145 



County of Lincoln. 



Pownalborough . 


14 


Georgetown 


18 


Woolwich .... 


5 


Newcastle .... 


7 


Topsham .... 


7 


Boothbay .... 


9 


Bristol 


10 


Bowdoinham 


2 


Hallowell .... 


6 


Vassalborough , 


6 


Winthrop .... 


7 


Winslow .... 


4 


Edgcomb .... 


5 


Belfast .... 


1 


Warren .... 


3 


Waldoborough . 


7 


Thomaston .... 


3 


Pittstown and Gardnerstown 


7 


Medumcook 


2 


St. Georges .... 


3 



126 



1780. — October Session. 



201 



County of Berkshire. 



Sheffield . 

Great-Barrington 

Stockbridge 

Pittsfield . 

New-Marlborough 

Egremont . 

Richmond . 

Lenox . 

Tyringham . 

Lanesborough 

Sandisfield . 

Williamstown 

Becket . 

Windsor 

Partridgefield 

West-Stockbridge 

Loudon 

Alf ord . 

Hancock 

Washington 

Adams 

Lee 



22 

12 

12 

16 

12 

7 

13 

11 

10 

16 

12 

13 

5 

8 

6 

7 

3 

5 

11 

6 

16 
7 



County of Berkshire — Con. 

Xo. of Men. 

New-Ashford ... 3 
Ashawelet-Equivelent . 3 
No. 











239 


TOTALS. 


Suffolk .... 555 


Essex . 






630 


Middlesex 






523 


Hampshire 






.485 


Plymouth . 






322 


Bristol 






304 


York . 






202 


Worcester 






603 


Cumberland 






145 


Berkshire . 






239 


Barnstable 






156 


Lincoln 






126 



4290 



December 2, 1780. 



Chapter 105. 

RESOLVE FOR NOT AUGMENTING THE POWERS OF THE GOV- 
ERNOR AND COUNCIL BEYOND THE FOWERS DELEGATED TO 
THEM BY THE CONSTITUTION. 

The committee of both houses appointed to examine the 
constitution of this Commonwealth, to see what powers 
the Governor and Council are vested with during the 
recess of the General Court, have attended that service, 
and report as their opinion, that it is not necessary 
to augment the powers of the Governor and Council, 
beyond the powers delegated to them by the constitution 
of this Commonwealth. December 2, 1780. 



Chap, 105 



Chapter 106. 

RESOLVE DIRECTING THE BOARD OF WAR TO DELIVER 
JOSIAH BARTLET, HOSPITAL SURGEON, SUCH ARTICLES OF 
CLOATHING AS HE IS ENTITLED TO. 

Whereas Josiah Bartlet, an inhabitant of this State and 
surgeon of one of the continental hospitals, has made 
ajplication to this Court, praying that he may be fur- 
nished ivith sundry articles of cloathing agreeable to the 
resolution of Congress, of Nov. 25, 1779. 



Chaj).lOQ 



202 1780. — October Session. 

Therefore Resolved , That the Board of War be di- 
rected, and are hereljy accordingly directed to deliver to 
JosiaJi Bartlet, hospital surgeon, such articles of cloath- 
ing as the regimental surgeons in the service of this 
State are intitled to receive. 

And it is further Resolved, That the Board of War be 
directed, and they are hereby accordingly directed, to 
deliver to such other hospital surgeons as are inhabitants 
of this State, and are not yet supplied, the same articles 
of cloathing as are by this resolve allowed to Doctor 
Bartlet. December 2, 1780. 



Chapter 107. 

Chajy.lOl i^EsoLVE appointing a committee to repair to marble- 

^ ' HEAD, AND VIEW THE SITUATION OF THE INHABITANTS 

OF THAT PLACE, AND STAYING ALL REQUISITIONS IN THE 
MEAN TIME, EXCEPTING FOR MEN. 

The committee having considered the memorial from, the 
representatives of the town of Marblehead, are of opinion, 
tliat their present distresses require the immediate attention 
of the legislature : Therefore, 

Resolved, That two thirds of the taxes lately levied 
upon said town for beef, currency and specie, ought 
to be remitted, and that in all taxes and requisitions 
for men till a new valuation is taken, two thirds of 
their proportion, agreeable to the present assessment, 
be abated. 

Also he it further Resolved, that the Honorable 
Nathaniel Gorham, Esq ; Mr. Tifts, and Mr. Har- 
rington, be a committee to repair to Marblehead, and 
view their situation, and report at the next session of 
the General Court, and that all requisitions, except for 
men, be stayed until the said committee shall report. 

December 2, 1780. 



Chap.lOS 



Chapter 108. 

RESOLVE ON THE PETITION OF STEPHEN AND RALPH CROSS. 

On the Petition of Stephen and Ralph Cross. 

Resolved, That the Board of War be and they are 
hereby authorised and impoAvered, to sell a quantity of 
powder and shot (such shot as can be best spared) to 



1780. — October Session. 203 

discharge a part or the whole of the balance of the 
accounts due to 8te])lien and Raljili Orosf^, for building 
the ship Protector. December 4, 1780- 

Chapter 109. 

A GRANT OF TiVO THOUSAND POUNDS TO RICHARD DEVENS, Qhap.lOd 
ESQ; COMMISSARY-GENERAL. 

On the memoricd of Richard Devens, Esq ; Commis- 
sary-General: 

Resolved, That there be paid out of the public treasury 
of this Commonwealth, two thousand , pounds of the new 
emission, to Richard Devens, Esq ; Commissary-General, 
to enable him to purchase four months provisions for the 
ship Protector, now bound on a cruise, he to account for 
the same. December 4, 1780. 

Chapter 110. 

RESOLVE REQUESTING THE GOVERNOR TO WRITE THE GEN- Chap.WO 
ERAL OFFICERS OF THE MASSACHUSETTS LINE, AND 
INFORM THEM THAT THE EARLIEST ATTENTION WILL BE 
PAID TO THEIR ADDRESS AT THE NEXT SITTING OF THE 
GENERAL COURT. 

27^6 committee of both Houses, appointed to take into 
consideration the address of the general officers of the 
New-England line, report as folloivs, viz. 

Resolved, That his Excellency the Governor be 
requested to write to the said officers, informing them 
that their address arrived so late that it was impracti- 
cable for the legislature to act upon it before the recess, 
but that the Assembly are deeply impressed with the 
importance of its contents, and are earnestly desirous to 
afford them redress to the extent of their ability, and to 
assure them that the earliest attention shall be given to it 
at the next sitting of the General Court. 

December 4, 1780. 

Chapter 111. 

RESOLVE ALLOWING PAYMENT TO THE HONORABLE THE Ckap.lll 
PRESIDENT OF THE SENATE NINE SHILLINGS PER DAY 
OVER HIS PAY AS A SENATOR, AND A GRANT OF FIFTY 
POUNDS TO WILLIAM BAKER, CLERK OF THE SENATE. 

Resolved, That there be paid out of the public treasury, 
to the President of the Senate, the sum of nine shiUinys, 



204 1780. — October Session. 

of the new emission, per diem, for each day's attendance 
as such, in addition to his pay as a member of the same. 
And it is further Resolved, That there be paid out of the 
public treasury, to Mr. William Balcer, jun. the sum of 
fifty pounds in the new emission, in part for his services 
as clerk to the Senate for the present year. 

December 4,1780. 

Chapter 11'^. 

Cha7)'V[.2 RESOLVE REQUESTING THE GOVERNOR TO WRITE THE DELE- 

^ ' GATES OF THIS COMMONWEALTH IN CONGRESS, DESIRING 

THEM TO LAY BEFORE CONGRESS THE SITUATION OF THE 

OFFICERS IN THE QUARTER-MASTER-GENERAL, THE STAFF 

AND COMMISSARY'S DEPARTMENTS. 

The committee appointed to consider the petitions of 
sundry officers in the Quarter-Master-General, the Staff 
and issuing Commissary's departments, who are upon 
monthly pay, and have had no allowance made them for 
the depreciation of the currency, praying the same may 
be made good to them, for reasons set forth in their sev- 
eral petitions, beg leave to report the following resolve : 

WJiereas many officers in the Quarter-Master General 
and in the Staff and Commissary^s dej^artments, who are 
upon monthly pay, have suffered greatly by the deprecia- 
tion of the currency, and many of them reduced to penury 
and want thereby, and no 2>rovision has been made to 
relieve them, notwithstandinr/ they Justly merit the same; 
and ivhereas this Conimomcealth cannot with p>^'opriety 
make good the same until it is ascertained ivhat Congress 
have done upon the matter: Therefore, 

Resolved, That his Excellency the Governor be 
requested to write to the Delegates of this Common- 
wealth, now at Philadelphia, desiring them to lay the 
matter before Congress, and to inform his Excellency as 
soon as possible whether Congress have or intend to 
make any provision for making good the depreciation 
of the currency to the officers in said departments, 
or whether it is expected by Congress that this Com- 
monwealth should do it and charge the same to the 
United States. December 4, 1780- 



1780. — October Session. 205 

Chapter 113. 

RESOLVE ALLOWING THE HONORABLE SPEAKER OF THE Ckap.llS 
HOUSE OF REPRESENTATIVES XIXE SHILLINGS PER DAY 
OVER HIS PAY AS A MEMBER OF THE HOUSE, AND A GRANT 
OF FIFTY POUNDS TO ANDREW HENSHAW, ESQ; CLERK OF 
THE HOUSE. 

Resolved^ That there be allowed and paid out of 
the treasury of this Commonwealth, the sura of nine 
shillings, the new emission, per diem, to the Honorable 
Speaker of the House of Representatives, for each day's 
attendance as such, over and above his pay as a member 
of the same. 

And it is further Resolved, That there be paid to 
Andrew Henshaiv, Esq; the sum oi fifty pounds in the 
new emission, in part for his services as clerk of the 
House for the present year. December 4, 1780. 

Chapter 114. 

RESOLVE FOR FURNISHING THIS COMMONWEALTH'S PROPOR- njifiy) H^ 
TION OF SPECIFIC SUPPLIES FOR THE SUPPORT OF THE -^ ' 

ARMY THE ENSUING YEAR. 

Whereas by the resolutions of Congress of the 4th day 
q/" November last, the United States are required to famish 
their respective proportions of specific supplies for the sup- 
port of the army the ensuing year: And whereas it is 
absolutely necessary that speedy and effectual provision 
should he made for furnishing this Commonwealth' s quota, 
that the army may not he reduced to those dangers and 
distresses lohich will he the consequences of supplies insuf- 
ficient in themselves for the purpose, or if sufficient, yet 
unseasonably and irregularly furnished : Therefore, 

Resolved, That the inhabitants of the several towns 
and plantations in this Commonwealth be, and hereby 
are required, to furnish a number of cattle or money 
sufficient to purchase the same, that the quantity of beef, 
includino; hides and tallow, may amount to four millions 
six hundred and twenty-six thousand one hundred and 
seventy-eight pounds, agreeable to the schedule hereto . 
annexed, in manner following, that is to say. The said 
beef set to any town or plantation, shall be delivered to 
such agents or deputies as are or may be appointed by 
the committee for superintending purchases ; said agents 
or deputies to make the directions of the resolve of the 



206 1780. — October Session. 

twenty-fifth of September last, requiring beef, &c. tlie rule 
of their conduct in every respect. 

And it is further Resolved, That the several towns and 
plantations have liberty to pay money in lieu of beef, 
agreeable to the resolve of the twenty-fifth of September 
last. 

And it is further Resolved, That on receipt hereof, the 
selectmen of the several towns, and the committees of 
safety or assessors of the several plantations be, and they 
hereby are required, immediately to call together the legal 
voters in their respective towns or plantations, and lay 
these resolutions Ijefore them, to the intent that they may 
be ready at all times to comply with the requisitions that 
may be made upon them, by levying a tax or otherwise. 

And it is further Resolved, That each town and planta- 
tion shall deliver their proportion of beef at such time 
and place within the county to which said town, &c. may 
belong, as may be appointed by said committee or their 
agent. 

And it is further Resolved, That any town or plantation 
in the schedule annexed, w^hich shall appear, upon the 
settlement of the next valuation, to have paid more than 
their proportion of the beef ordered to be furnished by 
these resolves, shall be allowed the full value of the beef 
so over-paid, in the next tax after the said valuation is 
settled. 

And it is further Resolved, That where any towns, 
districts or lands have been set off" from any other towns, 
since the taking of the last valuation, and not included in 
these resolves, in every such case such districts, towns, 
persons and lands, so set off, shall be assessed their pro- 
portion of beef aforesaid by those towns from which they 
have been set ofi*. 

And it is further Resolved, That the committee for 
superintending purchases be, and hereby are empowered, 
to make use of the hides and tallow of the cattle that 
may be killed under their directions, for procuring barrels 
and salt for packing the same, and to appropriate the 
overplus for the necessary expences in their department, 
they to be accountable therefor. 

And it is further Resolved, That the several towns and 
plantations in the counties of Hampshire and Berk'shire, 
have liberty to pay grain in lieu of beef, agreeable to the 
resolve of the 29th day of JSFovember last. 



1780. — October Session. 



207 



And it is further Resolved, That the first moiety of said 
beef, or the money in lieu thereof, be delivered on or 
before the 20th day of January next, and the second 
moiety thereof on or before the 20th day of February 
next, unless the committee for superintending purchases, 
&c. should publicly advertise that they are not ready to 
receive it ; in which case the several towns respectively 
shall be exempted from the fine in this resolve contained, 
provided the said towns and plantations shall deliver said 
beef at such other time as shall be directed by said com- 
mittee. 

And it is further Resolved, That if any town or planta- 
tion in the said schedule mentioned, shall not fully comply 
with these resolutions, a sum of money equal to the full 
value of the beef of which such town or plantation shall 
be deficient, together with a fine of twenty per cent, in 
addition to the said value of the deficiency, shall be added 
to such town or plantation's proportion of the next tax 
levied in this Commonwealth. 



THE SCHEDULE. 



County of Suffolk. 


County of Essex — 


Con. 




Wt. of Beef. 




wt. of Beef. 


Boston . 


. 253440 


Ipswich . 


61058 


Roxbury 


. 38210 


Newbury 


56334 


Dorchester 


. 28571 


Newbury-Port 


62215 


Milton . 


. 19934 


Marblehead . 


58817 


Braintree 


. 44933 


Lynn 


27648 


Weymouth 


. 21893 


Andover 


52499 


Hingham 


. 25501 


Beverly . 


38171 


Cohasset 


9908 


Rowley . 


28494 


Declham . 


. 46080 


Salisbury 


21815 


Medfield 


. 16131 


Haverhill 


32256 


Wrentham 


. 22123 


Gloucester 


40670 


Brookline 


. 15439 


Topsfield 


16208 


Needham 


. 18931 


Methuen 


16861 


Stonghton 


. 29955 


Boxford . 


17649 


Stoughtonham 


. 13843 


Almsbury 


19912 


Medway. 


. 17515 


Bradford 


20642 


Bellingham . 


8069 


Wenham 


8760 


Hull 


2384 


Middleton 


12503 


Walpole 


. 14901 


Manchester . 


8626 


Chelsea . 
Franklin 


. 10946 
. 17592 






Total 


729610 


Foxboi'ough . 


. 13368 


County of Middle 


SEX. 


Total 


. 689667 


Cambridge 


. 36255 






Charlestown . 


. 11523 


County of 


Essex. 


Wateitown . 


. 16015 


Salem . 


. 93179 


Woburn . 


. 24078 


Danvers . 


. 35293 


Concoi'd . 


. 22123 



208 



1780. — October Session. 



County of Mlddlese:^ 


: — Con. 


County of H ampshlre — Con. 




Wt. of Beef. 




wt. of Beef. 


Newton . 


. 21084 


Northfield . 


8539 


Reading . 


. 23905 


Brimfield 


. 14458 


Marlborough . 


. 27648 


South-Brimfield . 


. 10549 


Bill erica 


. 18432 


Monson . 


9946 


Framingham . 


. 21431 


Pelham . 


. 10273 


Lexington 


. 14920 


Green-vvich 


9503 


Chelmsford . 


. 17630 


Blanford 


. 11465 


Sherburne 


. 11177 


Leverett 


4076 


Sudbury and } 


. 29801 


Palmer . 


9331 


East-Sudbury \ 


Granville 


. 17649 


Maiden . 


. 13747 


New-Salem . 


. 11734 


Weston . 


. 15227 


Belchertown , 


. 12215 


Medford 


. 17971 


Colrain 


7453 


Littleton 


. 13901 


Ware . 


5973 


Hopkinton 


. 13977 


Warwick 


8146 


Westford 


. 16015 


Bernardstown 


6454 


Waltham 


. 13824 


Murrayfield . 


7376 


Stow 


. 12791 


Charlemont . 


4465 


Groton . 


. 21931 


Ashfield . 


8203 


Shirley . 


8376 


Worthington . 


7703 


Pepperrell 


. 13099 


Shutesbury & Ei-vingshi 


•e 6088 


Townsend 


9985 


Chesterfield . 


. 10677 


Ashby . 


6300 


Southwick 


5936 


Stoneham 


6127 


Wilbraham . 


15957 


Natick . 


7722 


Ludlow . 


4229 


Dracut . 


13561 


Norwich 


3018 


Bedford . 


10466 


Buckland 


1488 


Holliston 


12446 


INIerryfield 


2806 


Tewksbury . 


10562 


Plantation No. 5 . 


4972 


Acton 


11638 


Westhampton 


3615 


Dunstable 


10812 


Chesterfield-Gore . 


11393 


Lincoln . 


10831 






Wilmington . 


8755 


Total 
County of Plymou 


478906 


Total 


574086 


TH. 


County of IIampsh 


IKE. 


Plymouth 

Scituate .... 


25069 
36178 


Springfield , 


27648 


Duxborough . 


11887 


West-Springfield . 


27802 


Marshfield . 


14997 


Northami^ton 


21816 


Bridgewater . 


60827 


Southampton . 


9696 


Abington 


15265 


Hadley . . . . 


13369 


Hanover 


11292 


South-Hadley 


6646 


Middleborough 


49733 


Amherst 


13671 


Rochester 


22334 


Granby . . . . 


7146 


Plymi)ton 


18298 


Hatfield . . . . 


12926 


Pembroke 


20393 


Whately 


5627 


Kingston 


10869 


Williamsburgh 


6837 


Halifax .... 


7626 


Westfield 


20700 


Wareham 


6668 


Deerfield 


15035 






Greenfield 


9312 


Total 


811526 


Shelburne 


10312 






Conway . . . . 


12638 


County of Barnsta 


BLE. 


Sunderland . 


6223 


Barnstable 


29781 


Montague 


6915 


Sandwich 


21353 



1780. — October Session. 



209 



County of Barnstable — Con. 

Wt. of Beef. 

Yarmouth . . . 19374 



Harwich 

Easthaiu 

Chatham 

Truro . 

Welllieet 

Falmouth 

Total 



16034 

13920 

7414 

7068 

6953 

14978 

136875 



County of Bristol. 

Taimton. . . . 36620 

Rehoboth . . . 42106 

Swansey . . . 22527 

Dartmouth . . . 67703 

Norton .... 16399 

Mansfield . . . 10811 

Attleborough . . . 26884 

Dighton. . . . 14958 

Freeto\\Ti . . . 16784 

Rajmham . . . 11523 

Easton .... 12561 

Berkley .... 8088 

Total . . . 286927 



County of York 

York . 
Kittery . 
Wells . 
Berwick . 
Arundell 
Biddeford 
Massabeseck . 
Pepperrelborough 
Lebanon 
Fryburgh 
Sandford 
Brownfield 
Buxton . 
Little-Falls . 
Coxhall . 
Limerick 

Total 



28725 

31165 

25347 

38863 

10946 

9562 

3345 

11062 

6626 

6915 

6165 

■ 923 

8761 

1615 

2883 

923 

193826 



County of Dukes-County. 

Edgarton . . . 11369 
Chilmark . . . 12253 
Tisbury .... 9734 



Total 



33356 



County of Nantucket. 
Sherburne . . . 60822 



County of Worcester. 




wt. of Beef. 


Worcester 


33871 


Lancaster 


36494 


Mendon and Milford 


26962 


Brookfield 


35717 


Oxford .... 


11062 


Charlton 


16938 


Sutton . 


33640 


Leicester 


8761 


Spencer . 


13824 


Paxton . 


9216 


Rutland . 


15900 


Oakham . 


6569 


BaiTe 


19124 


Hubbardston , 


6569 


New-Braintree 


11619 


Southboi-ough 


11599 


Westborough 


13021 


Northborough 


8524 


Shrewsbury . 
Lunenburgh . 


24194 
16131 


Uxbridge 


15323 


Harvard 


17169 


Dudley . 
Bolton . 


11062 
16246 


Upton . 
Sturbridge 


6934 
15900 


Leominster . 


13824 


Hardwick 


18432 


Holden . 


9216 


Western 


11754 


Douglass 


7030 


Grafton . 


12734 


Petersham 


14285 


Royalston 
Westminster . 


8318 
. 12330 


Athol . 


9908 


Templeton 
Princeton 


. 12330 
9446 


Ashburnham . 


5992 


Winchendon . 


6684 


Northbridge . 


4608 


Fitchburgh 


9216 


Ward . 


5396 



Total 



613872 



County of Cumberland. 

23732 



JTillLUULlLU . . 

Cape-Elizabeth 


13594 


North-Yarmouth . 


21835 


Scarborough . 


17919 


Brunswick 


10831 


Ilarpswell 


8068 


Bakerstown . 


461 


Sylvestertown 


461 



210 



1780. — October Session. 



County of Cumberland — Con. 



Gorham . 
Windham 

New-Gloucester 
Pearsontown . 
Raymondstowu 
Royalsborough 
Gray 
Bridgetown . 



Wt. of Beef. 

11542 
5011 
7U5 
2460 

923 
2210 
3480 

345 



Total 


. 140017 


County of Lincoln. 


Pownalborough . 


. 13599 


Woolwich 


7587 


Bootlibay 


8971 


Winthrop 


6915 


Edgecomb 


4286 


Georgetown . 


16803 


Topsham 


7799 


Bristol . 


9408 


Winslow 


4646 


Hallowell 


6261 


Thomaston r 


3422 


St. Georges . 


2999 


Newcastle 


6684 


Bowdoinham . 


2671 


Vassal borough 


7298 


Waldoborough 


6453 


Pittstown 


6760 


Warren .... 


3422 


Medumcook . 


2326 


Belfast . 


942 



Total 



129152 



County of Berkshire. 
Stockbridg'e . . . 12099 



Sandisfield 
New-M arlborougli 
SheiBeld 
Lanesborouo-h 



11426 
11042 
22739 
19701 



County o/ Berkshire — Con. 





wt. of Beef 


Richmond 


. 13195 


Hancock 


. 11004 


Williamstown 


. 11676 


Great-Barrington . 


. 16307 


New-Ashford 


3268 


Egremont 


6646 


Alford . 


5052 


Tyringham . 


8856 


Windsor 


8452 


Loudon . 


3037 


Lenox . 


11177 


Becket . 


5742 


Pittsfield 


18034 


Washington . 


6184 


Adams . 


17210 


Lee 


6818 


Ashawelet-Equivelent 


3461 


No. 7 . 


3037 


West-Stockbridge . 


6665 


Partridgefield 
Total 


5608 


248436 


TOTAL. 




Suffolk 


689667 


Essex .... 


729610 


Middlesex . 


574086 


Hampshire . 


478906 


Plymouth . 


311526 


Bristol .... 


286927 


Barnstable . 


136875 


Worcester . 


613872 


York .... 


193826 


Cumberland 


140017 


Lincoln 


129152 


Dukes-County 


33356 


Nantucket . 


50822 


Berkshire . 
Total 


248436 


4626178 


December 4, 1780. 



ChaiJ 



Chapter 115. 

Y\K RESOLVE DIRECTING THE SALE OF THAT BUILDING IN THE 
TOWN OF BOSTON, CALLED THE MANUFACTORT-HOUSE, 
WITH THE LAND; AND APPOINTING A COMMITTEE FOR 
THAT PURPOSE. 

Wliereas in the present exigency of the public affairs, it 
is expedient for the government to avail themselves of all 
the resources in their power to carry on the War. 



1780. — October Session. ^11 

Therefore Resolved, That Nathaniel Gorham, Esq ; 
with such as the Hon. House shall jom, be a committee, 
(by public auction) to make sale of that building in the 
town of Boston, (commonly called) the Manufactory- 
House, with the land thereto belonging, taking care 
before the sale to oive suitable notice thereof in the 
public news-papers ; and the committee are hereby further 
directed to set up said house for sale at such price in gold 
and silver as they may think proper ; and Capt. Wales, 
and Mr. Cranch, are joined on the part of the House. 

And it is further Resolved, That the committee afore- 
said be hereby impowered and directed to give a good and 
sufficient deed or deeds to the purchaser or purchasers of 
said building in the name and behalf of this government. 

And it is further Resolved, That the committee afore- 
said be directed, and they are hereby accordingly directed, 
to pay the money arising by the sale aforesaid, into the 
public treasury, and make report of their doings herein 
to the General Court at their next sessions. 

December 4, 1780. 

Chapter 116. 

RESOLVE REQUESTING THE GOVERNOR AND COUNCIL TO CON- (JJidj) WQ 
PER WITH THE DELEGATES OF CONGRESS NOW IN THIS ^ ' 

COMMONWEALTH, UPON THE MEASURE OF ASCERTAINING 
THE CLAIM OF THIS COMMONWEALTH TO THE TERRITORY 
BELONGING TO IT, AND TO COMMUNICATE THE SAME TO 
CONGRESS. 

Resolved, That his Excellency the Governor with the 
honourable Council, be requested to confer with the 
Delegates of Congress, now in this State, and take 
such measures as may be necessary to ascertain and 
support the claim of this State to the territory belong- 
ing to it, and communicate what they may think neces- 
sary respecting the same to Congress and to the minister 
Plenipotentiary of these States now in Europe. 

December 4, 17 SO. 



Chapter 117. 

RESOLVE DIRECTING 

ACCOUNTS, TO SETTLE THE ACCOUNT OF COL. THOMAS 
CHASE, DEPUTY QUARTER-MASTER-GENERAL, AND TO 
RECEIVE THE BALLANCE IN MONEY OR CERTIFICATES. 

W7iereas this State has 7nade considerable advances 
hy money and otherways to Thomas Chase, Esq ; Deputy 



Chap All 



212 1780. — October Session. 

Continental Quarter- Master- General ^ to enable him to 
carry on the business of his office. 

Therefore Resolved, That Mr. John Deming and others, 
the committee appointed to settle the public accounts, 
be directed, and they are hereby directed, to settle the 
account of said Chase, and receive the money of him, 
or certificates acknowledging the receipt of the money, 
having respect to the time when the money was advanced 
him. December 4, 1780. 

Chapter 118. 

ChaV 118 ^ GRANT OF TWO THOUSAND POUNDS TO EBENEZER WALES 
^ ' AND CAPT. AMASA DAVIS. 

On the memorial of Ebenezer Wales. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth to Ebenezer Wales, Esq ; and 
Capt. Amasa Davis, the committee for purchasing and 
forwarding small stores to the army, the sum of two 
thousand pounds in the new money, to enable them to 
execute the business assigned them, they being account- 
able for the expenditure thereof. December 4, 1780. 



ChapMQ 



Chapter 119. 

RESOLVE DIRECTING THE COMMITTEE APPOINTED TO CON- 
DUCT THE SALE OF THE NEW STATE SHIP, TO EXPOSE SAID 
SHIP TO SALE ON THE 14th INSTANT. 

Resolved, That the committee appointed to advertise 
and conduct the sale of the new State Ship lately 
launched, be and they are hereby authorised and 
instructed to expose the said Ship to sale on the four- 
teenth in^stant, or if in their opinion necessary, to 
adjourn the sale to some after day in the present 
month, any resolve of this Court to the contrary not- 
withstanding. December 4, 1780. 



213 



RESOLVES 

OF THE 

GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS, 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY-FIFTH DAY OF 
OCTOBEB, ANNO DOMINI, 1780; AND FROM THENCE 
CONTINUED BY PROROGATION, TO THURSDAY THE 
FOURTH DAY OF JANUARY, ANNO DOMINI, 1781, AND 
THEN MET AT THE SAME Pt.ACE, (BEING THE SECOND 
SESSION OF SAID COURT.) 



1780. — January Session. 
Chapter 1. . 

RESOLVE FOR REVIVING ALL PETITIONS, PAPERS, MATTERS HLfij. 1 
AND THINGS THAT WERE PENDING IN THE LAST SESSION '-"''"i^- 
OF THE GENERAL COURT. 

WJiereas the General Court stood adjourned to Wednes- 
day the third day o/" January current, and hy prodamation 
of the Governor, teas 2Jforogued to Thursday the fourth 
day of January instant, lohereby an end was put to the 
then session, and to all matters and things there pending . 
therefore. 

Resolved, That all petitions, papers, matters and things 
whatsoever, which were pending in the last session of the 
General Court, and might have had day and been acted 
upon at the adjournment of said session, be and hereby 
are revived and declared to have day in the present 
session of this Court, and may be taken up and acted 
upon in either branch of the Legislature, in the same 
way and manner they might have been taken up and 
acted upon in case the General Court had not been pro- 
rogued . January 5,1781. 



214 1780. — January Session. 

Chapter 2. 

Chap. 2 RESOLVE REQUESTING THE GOVERNOR TO ISSUE HIS ORDERS 
■^ * TO ALL CIVIL AND MILITARY OFFICERS, TO APPREHEND 

ALL PRISONERS OF WAR GOING AT LARGE WITHIN THIS 
COMMONWEALTH. 

Whereas it appears to this Court that many prisoners 
of war are going at large within this Oom.monivealth, 
while the subjects of the United Stales are suffering the 
most rigorous confinement in the gaols and prison-ships 
of our enemies. Therefore, 

Resolved, That his Excellency the Governor be, and 
he is hereby requested, forthwith to issue his orders to 
all officers civil and military within this Commonwealth, 
commanding them without delay to apprehend all pris- 
oners of war within their respective jurisdictions, who 
have been captured by any armed vessels of the United 
States, and have not taken arms against the King of 
Great- Britain, under the countenance and direction of 
the authority of said States, and confine them in the 
county gaols, and to require the respective gaol keepers 
where such prisoners shall be confined, to deliver such 
prisoners without loss of time to the commissary of pris- 
oners at Boston, in order that they may be exchanged for 
our brethren who are sufi'ering in the hands of our enemies 
the most rigorous imprisonment. January 8, 1781. 

Chapter 3. 

ChaV 3 RESOLVE ESTABLISHING THE PAY OF COL. REVERE AND HIS 
^' OFFICERS IN THE NEW EMISSION. 

Resolved, That Col. Revere and his officers make up 
their muster rolls for wages and rations agreeable to 
the establishment of artillery, passed April 14,th, 1777, 
in the new emission, and lay their muster-rolls before 
the committee on muster-rolls, for allowance and pay- 
ment. January 9, 1781. 



Chap. 4 



Chapter 4. 

A GRANT OF FIVE THOUSAND POUNDS TO THE COMMISSARY- 
GENERAL OF THIS COMMONWEALTH, FOR THE PURPOSE OF 
PROCURING PORK. 

It being of importance, that a magazine of provisions 
be laid up in this Commonwealth. 

Be it Resolved, That the sum oi five thousand pounds 



1780. — January Session. 215 

of the new emission, be, and hereby is granted, and that 
there be paid to the Commissary-General of this Com- 
monwealth, out of the public treasury, the sum oi Jive 
thousand pounds of the emission aforesaid, for the sole 
purpose of procuring pork for the use of this Common- 
wealth. January 9, 1781. 

Chapter 5. 

RESOLVE DIRECTING THE AGENT ON THE ESTATE OF JAyS ChaV. 5 
CLARK, AN ABSENTEE, TO DELIVER CERTAIN EFFECTS TO 
BENJAMIN GREENLEAF, ESQ; FOR THE USE OF THE SAID 
JANE CLARK. 

Resolved, That Zehedee Sprout, agent of the estate of 
Jane Clarke, an absentee, be, and he is hereby directed, 
to deliver the wearing apparrel and other effects of the 
said Jane Clarke to Benjamin GreerdeaJ , Esq ; or his 
order, agreeable to his memorial, for the use of said Jane 
Clarke, taking his receipt therefor, he paying to the said 
Zehedee Sprout, the expences of agency on the estate of 
the said Jane Clarke. January 20, 1 781 . 



Chapter 6. 

RESOLVE DIRECTING THE COMMITTEE FOR SUPERINTENDING 
PURCHASES, TO RECEIVE MONEY AT A CERTAIN PRICE IN 
LIEU OF BEEF, FOR THE LAST REQUISITION, AND TO ALLOW 
FOR FORAGE AT CERTAIN PRICES, AND THAT THE CERTIFI- 
CATES GRANTED TO SAID COMMITTEE BE RECEIVED IN 
PAYMENT. 

Resolved, That the committee for superintending pur- 
chases be, and they hereby are directed, to receive for 
the last requisition for beef, three pounds seven shillings 
and six pence, in lieu of a hundred of beef, and in that 
proportion for a greater or a less quantity ; and where 
they receive grain-forage in lieu of beef, they are hereby 
directed to allow for the same as follows : viz. 

Rye per bushel, seven shillings, 

Indian-Corn per bushel, ^ve shillings. 

Oats per bushel, three shillings. 

Peas per bushel, seven shillings. 
And it is further Resolved, That the certificates, granted 
to the aforesaid committee to enable them to discharge 
their debts, be received by collectors and constables on 



Chap. 6 



216 1780. — January Session. 

any taxes committed to them to collect, excepting the 
tax for silver and gold. 

And it is further Resolved, That whenever the commit- 
tee for superintending purchases shall exchange old Con- 
tinental currency for the new emission of money, they 
shall be allowed to receive six-tenths, agreeable to the 
resolves of Congress, any resolution of this Court to the 
contrary notwithstanding. 

And it is further Resolved, That said committee be 
empowered and directed to contract, if possible, with 
persons for the above articles of beef, &c. at certain 
prices, and at the lowest rate they can obtain them, any 
resolve to the contrary notwithstanding. 

January 13, 1781. 



Chapter 7. 

GhaV 7 ^ GRANT OF EIGHT POUNDS TO DAVID FOSTER, A PENSIONER. 

On the petition of David Foster, pensioner of this 
/State : 

Resolved, That the said David Foster be allowed and 
paid out of the public treasury of this State, the sum of 
eight pounds of the new emission, in full for his pension 
to June next, and no further. January 13, 1780. 



Chap. 8 



Chapter 8. 

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER OF 
THE COUNTY OF BRISTOL. 

Whereas it appears upon examination of the county 
Treasurer's accounts of the county of Bristol, that all 
monies granted and allowed by the Court of General 
Sessions of the Peace for said county since the 26th day of 
October, 1779, and before the 2od day of October, 1780, 
were for such purp)oses and apj)ropriations as the law 
impowered said Court to grant, and that there is a bal- 
lance of sixty pounds twelve shillings and two pence «i 
old continental currency due from said Treasurer to the 
county aforesaid: Therefore, 

Resolved, That the said account be allowed. 

January 15, 1781. 



1780. — January Session. 217 



Chapter 9. 



RESOLVE PASSED THE GENERAL Cliap. 9 
JANUARY, 1780, RESPECTING SOL" ■'- ' 



RESOLVE RECONSIDERING A 
COURT THE SEVENTH OF 
DIERS BOUNTIES, AND ALLOWING TO EACH OF THE NON- 
COMMISSIONED OFFICERS AND PRIVATE SOLDIERS IN THE 
MASSACHUSETTS LINE OF THE ARMY, TWENTY-FOUR HARD 
DOLLARS, AS A GRATUITY FOR THEIR FAITHFUL SERVICES, 
AND APPOINTING A COMMITTEE TO PROCURE CLOATHING. 

W7iereas by a Resolve of the General Court of this 
State of January 7, 1780, the committee aj 'pointed to 
settle with the Massachusetts line of the army, and deter- 
mine the sums due to the soldiers of the said line, were 
directed to make deductions on account of bounties received 
by any of the soldiers from, the toivnsfor which they ivere 
engaged, or from any individual . And whereas it now 
appears that it ivas not the design and intention of many 
of the towns of this State, that such bounties should 
operate to the reduction of the pay of the soldiers who 
received them, or that he should in any respect be account- 
able therefor in future; therefore. 

Resolved, That the said resolve of the seventh day of 
January, 1780, be so far reconsidered, as that the com- 
mittee who are appointed to settle the soldiers accounts, 
and determine the sums due to them, be, and hereby are 
impowered and directed, in the next adjustment of such 
accounts, to carry to the credit of each soldier (who now 
is or shall be engaged for three years or during the war) 
all such stoppages or deductions, as were made in con- 
sequence of the resolve above-mentioned, and to all 
other soldiers or their heirs from whom such deduction 
have been made, as soon as the circumstances of the 
Commonwealth will admit, in such way as the General 
Court shall hereafter determine. 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth, to such non-com- 
missioned officers and private soldiers of the Massa- 
chusetts line of the army of the United States, who were 
engaged to serve during the war on or before the second 
day of December last, the sum of twenty -four dollars in 
silver, or gold equivalent thereto, as a gratuity to such 
non-commissioned officers and private soldiers, as a 
testimony of the sense this Commonwealth entertains 
of their faithful services, and that a sum sufficient for 
this purpose be immediately sent forward to the army, 



218 1780. — January Session. 

there to be paid into the hands of such non-commis- 
sioned officers and privates, by such person or persons 
as the General Court may appoint for that purpose. 

Resolved, That Ebenezer Wales, Esq ; and Capt. 
Amasa Davis, be directed to procure by contract or 
otherwise, fifteen hundred coats, and (as soon as may 
be) send them forward to the army, for the use of such 
non-commissioned officers and privates of the Massachu- 
setts line as are not sufficiently provided with cloathing, 
there to be distributed by such person or persons as the 
General Court may appoint for that purpose ; and that 
the said Ehenezer Wales, Esq ; and Capt. Amasa Davis, 
lay the account of their expenditures before the General 
Court for allowance and payment, and shall receive such 
consideration for the said service as the General Court 
shall think to be reasonable, and that the amount of 
the said coats be carried to the account of the United 
States. January 16, 1781. 

Chapter lO. 

Chap. 10 RESOLVE DIRECTING THE TREASURER TO DELIVER TO THE 
POSSESSOR OF A PRIZE NO. 18,521, IN CLASS FIRST, ONE OF 
THE NOTES FOR OXE HUNDRED DOLLARS. 

Resolved, That the Treasurer of this Commonwealth 
be, and he is hereby directed, to deliver to the possessor 
of a prize ticket. No. 18,521, in class first, of the State 
lottery, one of the notes for one hundred dollars, old 
money, which were returned into the Treasurer's office 
by the managers of said lottery, said ticket appearing 
to be the property of a soldier who was in the army, any 
law or resolve to the contrary notwithstanding. 

January 17, 1781. 

Chapter 11. 

ChaV' 11 I^ESOLVE EMPOWERING MARTHA HATHAWAY, OF TAUNTON, 
^ ' TO MAKE SALE OF THE LAND MENTIONED IN HER PETI- 

TION, AND TO EXECUTE A GOOD DEED OF THE SAME. 

On the petition of Martha Hathaway, of Taunton, in 
the county of Bristol, guardian to Edward Hathaway, a 
minor, praying that she may be empowered in her said 
capacity to sell a small piece of land lying in Taunton, 
containing about seven acres and one hundred rods, also 



1780. — January Session. 219 

his right in reversion to the said ividow's thirds, as set 
forth in her petition: 

Resolved, That the prayer of the petition be granted, 
and that the petitioner be, and hereby is empowered, to 
sell the above-described lands for the most the same 
will fetch, and to make and execute a good deed or 
deeds to the purchaser or purchasers, she observing the 
rules and directions of law relating to the sale of estates 
by guardians, and giving bonds to the Judge of Probate 
for the county of Bristol, that the proceeds arising by 
such sale shall l)e applied or hiyed out in other real 
estate for the benefit of said minor. 

January 17, 1781. 



Chapter 12. 

RESOLVE DIRECTING THE TREASURER TO ISSUE HIS ORDERS (JhaV 12 
TO THE SEVERAL CONSTABLES AND COLLECTORS IN THIS ^ ' 

COMMONWEALTH, TO BRING IN THE SILVER MONEY TAX 
COLLECTED BY THEM. 

Whereas it is necessary to have the hard money tax now 
due immediately paid into the treasury, in order to enable 
government to discharge the interest due on public secu- 
rities, and to redeem and destroy one seventh part of the 
new money : Therefore 

Resolved, That the Treasurer l)e, and he is herel)y 
directed, forthwith to issue orders to the several consta- 
bles and collectors in this Commonwealth, immediately 
to bring in the silver money tax, to them respectively 
committed to collect. January 18, 1781. 



Chapter 13. 

A GRANT OF THREE HUNDRED AND THIRTT-FIVE POUNDS TO 
EACH OF THE JUSTICES OF THE SUPERIOR COURT OF 
JUDICATURE, &c. TO THE FIRST INSTANT. 

Resolved, That there be granted and paid out of the 
treasury of this Common wealtji, to each of the Justices 
of the Superior Court, over and above the sums they 
have already received, the sum of three hundred and 
thirty five pounds in the new emission, in full for their 
services to the first instant. January 18, 1781. 



Chap). 13 



220 1780. — January Session. 



Chap. 14 



Chapter 14. 

RESOLVE DIRECTING THE SALE OF THE MANUFACTORY-HOUSE 
IN THE TOWN OF BOSTON. 

Whereas it is necessary that a sum of money in gold or 
silver, be raised as sogn as possible, to be sent forivard to 
the army : It is therefore, 

Resolved, That the committee appointed by a late 
resolve of the General Court of this Commonwealth, to 
sell the Manufactory-House in the town of Boston, be, 
and they are hereby authorised and directed, speedily to 
make sale of the said house, for the purpose abovemen- 
tioned, either b}^ public auction or otherwise as they may 
think best. January 18, 1781. 

Chapter 15. 

Char) 15 RESOLVE directing the superintendents of THE RESPEC- 
i • ' TIVE COUNTIES IN THIS COMMONWEALTH TO DELIVER THE 

MEN RAISED BY A RESOLVE OF THE SECOND OF DECEMBER, 
FOR THE ARMY, TO THE ORDER OF GENERAL LINCOLN, 
AND THE MILAGE TO BE ESTIMATED TO THE PLACES WHERE 
SAID MEN ARE DELIVERED. 

Whereas by a resolve of the General Court of the second 
of December last past, the superintendents of the several 
counties are required to deliver the men raised for the 
Continental army in their respective counties, to Mr. 
Luke Bliss at Springfield, and it may in many instances 
be more convenient to the superintendents and soldiers and 
a great saving to the public to deliver them to the order 
of the honorable Major-General Lincoln ; therefore. 

Resolved, That the superintendents of the respective 
counties be, and hereby are ordered and directed, to 
deliver the men raised in their respective counties, to 
the order of the Honorable JNIajor-General Lincoln, or 
to such officers and at such places as he shall appoint. 
And the said superintendents are hereby directed to make 
out descriptive lists of said men, containing their age, 
stature, complection, occu})ation, town and county from 
whence raised, and to take receipts of the officers to 
whom they shall deliver such men, on the back of said 
lists, and to return attested copies of said lists and 
receipts into the Secretary's office as soon as may be. 

And it is further Resolved, That the mileage for said 
men be estimated and paid only to the places where the 



1780. — January Session. 221 

men are really delivered, and that the accounts of the 

selectmen be regulated and allowed accordingly. And as 

the foregoing resolutions will render it unnecessary for 

Mr. Luke Bliss to attend at Springfield, for the purpose • 

of receiving men, therefore Resolved, That he be and 

hereby is excused from any further attendance for that 

purpose. January 18, 1781. 



RESOLVE ON THE 



Chapter 16. 

PETITION OF ABIGAIL HALL, SAMUEL COL- QJiQp^ \Q 
LINS AND ^.V.V ME R WIN. ^ ' 

On the petition of Abigail Hall, Lemuel Collins and 
Ann Merwin, prayincf for liberty to convey certain pieces 
of land, for reasons mentioned in said petition. 

Resolved, That the prayer of the petition be granted, 
and that the said Lemuel Collins and Ann Merwin, 
Administrators on the estate oi Joseph Meriuin oi Lenox, 
in the county of Berkshire, deceased, be and hereby are 
fully impowered to give unto Abigail Hall, (administra- 
trix on the estate of Miles Hall, late of said Lenox, 
deceased) a good and lawful deed, well executed, of two 
certain tracts of land lying in Lenox aforesaid, being the 
same tracts of land that the aforesaid Joseph Mervjin 
became bound in a bond to convey to Miles Hall, as 
appears by the said Joseph's bond now present, and that 
the said land when conveyed unto the said Abigail Hall, 
shall be considered as the estate of the said Miles Hall, to 
all intents, as though the said Miles had died fully seized 
and possessed of the same. January 27, 1781. 

Chapter 17. 

RESOLVE APPOINTING A COMMITTEE TO REPAIR TO CHESTER- /^/,^,^^ yj 
FIELD, AND VIEW SAID TOWN AND GORE OR GORES OF ^'*"i^' 
LAND ADJOINING THERETO, AS SET FORTH IN THE PETITION 
OF THOMAS WEEKS, AGENT; THE COSTS TO BE PAID BY THE 
PETITIONERS. 

On the petition of Thomas Weeks, agent to the peti- 
tioners of a part of Chesterfield, and also of a gore 
of land adjoining, praying for an incoiporation, as set 
forth in their petition, exhibited November 1779, to the 
General Court; and lohereas a committee was appointed 
by a resolve passed the said General Court, November 23, 



222 1780. -^ January Session. 

1780, to repair to Chesterfield for the purpose mentioned 
in said petition, which committee did not repair agreeable 
to said resolve. 
• Therefore Resolved, That the Hon. Samuel Mather, 

Esq ; Mr. Kirkland and Doctor Shepherd, be a committee 
to repair to Chesterfield, and view the town of Chester- 
field and said gore or gores of land adjoining thereto, as 
set forth in said petitions, and also consider the act of the 
incorporation of the town of Chesterfield into a town, and 
hear the parties relating to the premises, and all or any 
matter or thing that may be laid before said committee 
by either party concerning their petitions, and act of 
incorporation abovesaid, and make report to the Court 
on the second Wednesday of the next setting of the 
General Court, or as soon as may be, what they think 
proper to be done in the premises ; said committee giving 
notice to all parties concerned of time and place of their 
meeting for the purpose aforesaid ; the costs and expences 
of said committee to be paid by the petitioners. 

January 22, 1781. 



Chap. 18 



Chapter 18. 

RESOLVE DIRECTING THE TREASURER OF THIS COMMON- 
WEALTH TO BORROW TWELVE THOUSAXD POUyDS IN 
SILVER AND GOLD. AND APPOINTING A COMMITTEE TO 
ASSIST THE TREASURER IN BORROWING THE SAME. 

Wliereas a sum of money is immediately wanted to 
send forward as a gratuity to the Massachusetts line of 
the Continental army, and there not being a sufficient quan- 
tity in the treasury for that purpose, therefore. 

Resolved, That the honorable Henry Gardner, Esq ; 
Treasurer of this Commonwealth be, and he hereby is 
directed and impowered, to borrow immediately on the 
credit of this Commonwealth, the sum not exceeding 
tiuelve thousand p)Ounds in silver or gold, and to give 
his security to the lender or lenders of said money, to 
repay the same, together with the lawful interest thereof, 
within two months ; and the said Henry Gardner, Esq ; 
is hereby ordered and directed to repay the same with 
interest, as soon as he shall receive a sufficient sum of 
silver and gold. 

And it is further Resolved, That Mr. Thomas Walley, 



1780. — January Session. 223 

Nathaniel Tracy, Esq ; and Capt. Samuel Ward, be a 
committee to aid and assist the Treasurer aforesaid in 
borrowing the money abovementioned. 

January 20, 1 781 . 

Chapter 19. 

HIS HONOR THOMAS CUSHING, ESQ; APPOINTED A COMMIS- fJhaV 19 
SIGNER TO PROCEED TO PROVIDENCE, TO CONFER WITH ^' 

COMMISSIONERS FROM THE OTHER STATES UPON THE 
SUBJECT MATTER OF SUPPLIES FOR THE FRENCH FLEET 
AND ARMY. 

The House by ballot, made choice of his Honor Thomas 
Cushing, Esq ; as Commissioner to proceed to Providence^ 
to meet the Commissioners from the other New- England 
States, and JSfew-York, to treat upon the subject matter 
of suf>plies for the French fleet and army. 

January 20, 1 781 . 



Chapter 20. 

RESOLVE ON THE PETITION OF RICHARD FROTHINGHAM. QhaT) 20 

On the petition of Richard Frothingham. 

Resolved, That the Board of War be, and hereby are 
directed to deliver said Richard Frothingham, such arti- 
cles of cloathing as officers of equal rank in the fifteen 
battallions, he paying for the same at the same prices as 
other officers pay. January 20, 1781. 

Chapter 21. 

INSTRUCTIONS FOR HIS HONOR THOMAS CUSHING, ESQ; COM- pj.^,^ Ol 
MISSIONER APPOINTED TO REPAIR TO PROVIDENCE, TO ^""T' ^^ 
CONFER WITH THE COMMISSIONERS FROM THE OTHER 
STATES, UPON THE SUBJECT MATTER OF SUPPLIES. 

The coinmittee appointed to prepare instructions for his 
Honor Thomas Cushing, Esq ; who is appointed as Com- 
missioner in behalf of this Commonwealth, to repair to 
Providence, in the State of Rhode-Island, there to meet 
the Delegates from the several other States, 7'elative to fur- 
nishing the French army and navy with heef &c. have 
attended that service, and beg leave to report the following . 

Commonwealth of Massachusetts, January 20, 1781. 
Sir, 

The General Court of this Commonwealth having on 
the 16th instant appointed you a Commissioner on their 



224 1780. — January Session. 

behalf, to repair to Providence, in the State of Rhode- 
Island, there to meet the delegates from the States of 
New-Yorh, Connecticut, Rhode-Island, and New-Hamjp- 
shire, to consult what measures are best to be adopted 
for supplying the French army and navy with beef, &c. 
It is our directions, that you repair to Providence as soon 
as you are advised of the time fixed for said meeting. 
On your arrival there you are to confer with the Dele- 
gates from the other States and the French General and 
Admiral, what steps are best to be taken to prevent 
the commissaries who are purchasing for the French, 
and commissaries who are purchasing for the Continental 
army, interfering with eaoli other and thereby enhancing 
the price of the articles. You are also directed to do 
every thing in jowv power that may tend to the peace 
and harmony of the United States, and promote a* good 
understanding with our good and worthy Allies. 

It is our opinion, it will not be best for you to enter 
into any contract for supplying the French army and 
navy with provisions, &c. but if after conferring with the 
other delegates, and the French General and Admiral, 
and the most mature deliberation, you should be of 
opinion, it will be for the interest of this Commonwealth, 
to enter into a contract, it is our particular directions, 
you do not engage in behalf of this Commonwealth in any 
contract for suppljdng them, till you have laid the same 
before the General Court of said Commonwealth, for 
their approbation. 

You have also liberty to consult with the Delegates 
from the other States, on any other matter that you and 
they may think will tend to the advantage of this and the 
other States and be for the public good, and lay an 
account of your proceedings before the General Court as 
soon as may be after your return. January 20, 1781. 

Chapter 32. 

Choil ^2 ^ GRANT OF THREE THOUSAND POUNDS TO COL. WILLIAM 

^ * ■" BURBECK, FOR THE USE OF THE TROOPS DOING DUTY AT 

CASTLE-ISLAND, AND DIRECTING A SETTLEMENT OF THE 

DEPRECIATION OF THEIR WAGES, AS ALSO TO ALLOW 

CLOATHING FOR SAID TROOPS. 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth, to Col. William 
Burheck, for the use of the troops doing duty under his 



1780. — January Session. 225 

command at Castle-Island, the sum of three thousand 
pounds, in bills of the new emission, he to be accountable 
for the same, being in part of the wages due to said 
garrison, to be hereafter adjusted agreeable to a resolve 
of October 6, 1779. 

Resolved, That the committee appointed to settle the 
depreciation with the officers and soldiers of the army be, 
and they are hereby directed, to make up the depreciation 
of the wages of the officers and soldiers doing duty at the 
Castle, as soon as may be, that they may receive their 
respective ballances. 

Resolved, That Ebenezer Wales, Esq ; and Capt. Amasa 
Davis be directed to purchase one suit of cloaths for each 
non-commissioned officer and soldier aforesaid, agreeable 
to the resolve of the General Court of October (i, 1779 ; 
and said committee to be allowed such commission for 
the purchase of said cloathing, as the General Court shall 
hereafter order. Januai-y 22, 1781. 



Chapter 23. 

RESOLVE INTITLING THE OFFICERS AND SOLDIERS OF COL. 
HAZEX'S REGIMENT, WHO BELONG TO THIS COMMON- 
WEALTH, THE SAME PRIVILEGES AND ADVANTAGES AS THE 
OFFICERS AND SOLDIERS OF THE FIFTEEN BATTALIONS 
ARE INTITLED TO. 

On the memorial of Capt. Moses White, in behalf of 
himself and other officers and soldiers v:ho belong to this 
Commonivealth, and are part of Col. Hazen's regijnent 
in the Continental army, praying they may be intitled 
to the same privileges and advantages as the officers and 
soldiers of the fifteen battalions belonging to this Com- 
monwealth : 

Resolved, That those officers and soldiers of Col. 
Hazen''s regiment, who belong to this Commonwealth, and 
are placed to the credit of the same, on Col. Hazen^s 
making a return of the names of said officers and sol- 
diers, and the time of their inlistment, be, and hereby 
are entitled to the same privileges and advantages as the 
officers and soldiers of the fifteen battalions belongino- to 
this Commonwealth in the Continental army. 

And it is further Resolved, That the Board of War be, 
and they hereby are directed, to deliver to each of the 
four officers of said regiment belongino^ to this Common- 



Chap. 23 



226 1780. — January Session. 

wealth, viz. — Capt. William Satterlee, Capt. Moses 
WJiiie, Lieut. Wm Torrey, and Lieut. Benjamin Moot's, 
the sundry articles of cloathing mentioned in the schedule 
hereto annexed, they paying for them in the same manner 
as the officers of the fifteen battalions paid for what they 
have received, which shall be reckoned in full for their 
cloathing to the last oi December, 1780. 
Schedule of cloathing to be delivered to each of the four 
officers mentioned in the foregoing resolve, viz. 
One hat, one out-side coat, one regimental coat, two 
jackets, two pair of breeches, one pair leather do. six 
shirts, six stocks, six pair hose, four pocket handker- 
chiefs, two pair shoes, two pair socks, one pair boots, and 



trimming's to make the above cloathino-. 



January 22, 1781. 



Chapter 34. 

CliaV' 24 RESOLVE ON THE MEMORIAL OF RICHARD DEVENS, ESQ; 
^ ' COMMISSARY GENERAL OF THIS COMMONWEALTH. 

On the memorial of Richard Devens, Esq ; Commissary 
General of this Commonwealth, setting forth, that there is 
not the least probability of his receiving in season, any 
part of the ivarrant of the ninth instant, which he has on 
■the Treasurer of this Commonivealth, for the sum of five 
thousand pounds, for procuring pork. 

Therefore Resolved, That the Treasurer of this Com- 
monwealth be, and he hereby is directed, to pay off the 
warrant of the ninth instant, drawn in favor of Richard 
Devens, Esq ; Commissary General, for five thousand 
p)Ounds new emission, for the purpose of purchasing 
pork for this Commonwealth, in certificates of the same 
kind with those which the committee for superintending 
purchases were lately furnished : which certificates shall 
be received by the Treasurer in discharge of taxes com- 
mitted to any collectors or constables to collect, on the 
last tax granted by the General Court of this Common- 
wealth iov five million six hundi^ed thousand pounds . 

January 23, 1781. 



1780. — January Session. 227 

Cliapter 25. 



'OUR HUNDRED AND FORTY-TWO POUNDS (JhciV- 25 
NGS, TO JAMES CARGILL, ESQ; FOR LOSSES ^ ' 



A GRANT OF FOl 
NINE S II I L LIN I 
AND DAMAGES HE SUSTAINED ON ACCOUNT OF THE SLOOP 
NANCY. 

On the jjetition q/* James Carii'ill, Esq ; 

Resolved., That there be paid out of the treasury of 
this State, to the said J(uaes Car;/ ill, the sum oi four 
Jiundred and forty-tiro powiuU nine shillings, in the ])ills 
of credit of the new emission, in full for losses and dam- 
ages he hath sustained on account of the sloop Nancij, 
captured by him the said Oargill, in the year 1775. 

January 23, 1781. 



Chapter 26. 

Chap. 26 



RESOLVE PROLONGING THE TIME FOR CLASSING THE MEN TO 
COMPLEAT THIS COMMONWEALTH'S QUOTA OF THE CONT 



NENTAL ARMY, TO THE 20th OF FEBRUARY NEXT. 

Whereas hy a resolve of the General Court, passed the 
29th q/" November last, for raising 7nen to compleat this 
States quota of the Continental Army, the several towns 
were permitted to class their inhabitants for the purpose 
of procuring said men, and many tow)is haviiig adopted 
the mode of classing their inhabitants as aforesaid, and the 
time pointed out in said resolve for classing as aforesaid 
having now expired: 

Therefore Resolved, That the proceedings of said towns, 
where they have voted to class their inhabitants for the 
purpose of raising men, shall be valid, and the delin- 
quent classes in said towns or the delinquent individ- 
uals in said classes, shall be liable to all the fines and 
penalties which the said towns have or shall determine, 
provided said fines and penalties shall not exceed the sum 
pointed out in the resolve aforesaid. 

And whereas it appears, that the army will be filled 
more expeditiously , if the time for the classes to procure 
their men be lengthened : 

Therefore Resolved, Thsjt those towns who have, or are 
now desirous to class their inhabitants in order to raise 
their men, be, and hereby are permitted, still to proceed 
in that way, and provided they procure them in that way 
before the tenth day of February next, they shall not be 
held to pay any fine or penalty incurred by said resolve 



228 1780. — January Session. 

for not procuring them by the 20th instant, any thing in 
said resolve to the contrary notwithstanding. 

A7id whereas by the resolve aforesaid, the time affixed 
for the towns procuring their men, will expire on the first 
day o/" February next, and as it appears that many towns, 
especially those more remote, will not he able to raise them 
by that time : 

Therefore Resolved, That those towns who shall procure 
the whole number of men assigned them, on or before the 
20th day of February next, shall not be held to pay any 
fine or penalty incurred by said resolve for not procuring 
them by the first day of February next, any thing in said 
resolve to the contrary notwithstanding. 

January 23, 1 781 . 

Chapter 27. 
Chav 27 i^ESOLVE impowering the committee on accounts to 

•^* EXAMINE AND ALLOW THE ACCOUNTS OF THE SELECTMEN 

OF GREAT BARRINGTON, FOR RAISING MEN IN THE YEAR 

1778. 

On the petition of Jonathan Nash, in the name and 
behalf of the Selectmen of the toivn of Great-Barrington, 
praying that they may be alloived the bounties and mileage 
jKiid by said selectmen, to men who were raised in said 
■ town in consequence of a resolve of the General Court of 
the twentieth o/ April, 17 78, /or reasons set forth in his 
said petition. 

Resolved, That the prayer of said petition be granted, 
and that the committee on accounts be, and are hereby 
impowered and directed, to examine and allow the 
accounts of the selectmen of Great Barrington, respect- 
ing their raising their quota of men to reinforce the 
Continental army in the year 1778, the}^ producing 
proper vouchers for the same, any resolve of this State 
to the contrary notwithstanding. January 24, 1781. 

Chapter 38. 
Char) 28 ^ grant of seventy-five poui^ds to andrew henshaw, 

^ ' ESQ; CLERK OF THE SUPREME JUDICIAL COURT. 

Resolved, That there he, allowed and paid out of the 
treasury of this Commonwealth, to Andrew Henshaw, 
Esq ; Clerk of the Supreme Judicial Court, the sum of 



1780. — January Session. 229 

seventy-jive pounds in the new emission, over and above 
what he hath ah"eady received, which shall be in full for 
his service for the year one thousand seven hundred and 
eighty. January 24, 1781. 



Chapter 39. 

RESOLVE DIRECTING THE TREASURER TO PAY THE WARRANT 
GRANTED TO THE COMMITTEE FOR FOREIGN AFFAIRS, OUT 
OF THE MONEY ADVANCED BY NATHANIEL APPLETON, 
ESQ; CONTINENTAL LOAN-OFFICER. 

JVTiei'eas by a resolve of the General Court passed the 
last session, it ivas recommended to Nathaniel Appleton, 
Esq ; Continental Loan-Officer in this State, to advance 
to the Treasurer of this Commonwealth^ thirty thousand 
pounds of the neio emission, for the use of said Common- 
ivealth; and ivhereas by said resolve it teas directed that 
ten thousand pounds of said money should be paid to 
Charles Miller, Esq ; and the reinainder lay in the hands 
of the Treasurer till the further order of the Genercd 
Court, and the Treasurer not thinking himself author- 
ised to pay out of his said office any part of the remaining 
twenty thousand pounds, without special orders from the 
General Court: 

It is therefore Resolved, That the Treasurer be, and he 
is hereby directed, to pay the Avarrant granted in favor 
of the committee for foreign affairs of four thousand one 
J tundred pounds out of said money, and that the remain- 
der lay till the further order of the General Court. 

January 24, 1781. 

Chapter 30. 

RESOLVE DIRECTING THE SEVERAL MUSTER-MASTERS IN THE 
SEVERAL COUNTIES TO MAKE WEEKLY RETURNS OF THE 
NEW-LEVIES TO COL. CRANE, AT BOSTON, AND COL. SHEP- 
HERD, AT SPRINGFIELD. 

Whereas it has been represented to this Court by the 
Hon. General Lincoln, that in order to get the true 
state of the new levies now raising, he has ordered Col. 
Crane, at Boston, and Col. Shepherd at Springtield, to 
make weekly returns unto him of the men in the several 
counties that are raised of said levies; and ivhereas it is 
necessary that the said Colonels Crane and Shepherd may 
have the earliest knowledge relative to said new levies. 



Chap. 29 



Chaj). 30 



230 1780. — January Session. 

Be it therefore Besolved^ That the Muster-Masters in 
the several counties make weekly returns unto the sev- 
eral Superintendents of the men by them mustered ; and 
the several Superintendents make weekly returns to the 
said Col. Crane, at Bo><ton, and Col. ShepJierd at /Sjirtng- 
feld, of the men aforesaid. 

And the Secretary is hereby directed to furnish the 
several Muster-Masters and Superintendents with a copy 
of the foregoing resolution, and all other resolves rela- 
tive to raising the new levies. January 24^ 1781. 



Chapter 31. 



Chap. 31 



RESOLVE ABATING THE TAXES LAID ON A PART OF CHARLE- 
MONT, INCORPORATED INTO BUCKLAND, AND THAT NO 
FINE BE ASSESSED UPON THE TOWN OF CHARLEMOST FOR 
THEIR DEFICIENCY OF MEN IN THE THREE AND SIX 
MONTHS SERVICE. 

Whereas since the last valuation was taken a part of 
the town of Charlemont has been incorporated into the 
town of Buckland, and as the toivn of Charlemont in the 
appoi'tionment of taxes or men, have had no abatement 
since Buckland was incorporated : 

Resolved, That in the State tax of July 1779, the sum 
oi nine hundred jjoundx, and in the State tax oi December 
1779, the sum of seven hundred and seventy-four pounds, 
and in the tax of May 1780, the sum of one thousand 
six hundred and sixty pounds fourteen shillings, and in 
the tax of October 1780, one thousand six Jiundred and 
sixty pounds fourteen shillings, and in the silver tax 
of Jidy 1780, the sum of twenty pounds six shillings, 
and in the tax of beef, September 1780, six hundred and 
eighty-eight pounds of beef; which sums of money 
and quantity of beef, being the proportion of that part 
of Charlemont incorporated into Bncldand, be abated 
from the several taxes apportioned upon the town of 
Charlemont. 

And as the town of Charlemont has had the same 
requisition for men since Buckland has been incorpo- 
rated, and as it appears they have provided their full 
quota, deducting the proper proportion of Buckland: 

It is further Resolved, That no fine be assessed 
upon the town of Charlemont for the delinquency of two 
men in the six months service, and two men in the three 
months service. .January 25, 1781. 



1780. — January Session. 231 

Chapter 33. 

RESOLVE ON THE PETITION OF SAMUEL TAYLOR, ESQ; IN (JhaV 32 
BEHALF OF THE TOWN OF BUCKLAND. ^ ' 

On the petition of Samuel Taylor, Esq; in behalf of 
the toivn o/'Buckland. 

Resolved^ That the town of Bacldand pay the sum 
of four thousand eight hundred and eighty-six pounds 
eighteen shillings, old currency, it lieing their propor- 
tion of the several taxes apportioned on the town of 
Qharlemont; also that said town of Bueldand pay 
twenty pounds six shillings and five pence, it being 
their proportion of the silver tax apportioned on the 
town of Charlemont; also, that the town of Buckland 
procure six hundred and eighty-eight pounds of beef for 
the use of the Continental army. Jamiary 25, 1781. 



Chapter 33. 

RESOLVE EMPOWERING THE COMMITTEE TO SELL CONFIS- 
CATED ESTATES TO RECEIVE GOLD AND SILVER IN PAY- 
MENT FOR SUCH ESTATES, OR MONEY OF THE NEW 
EMISSION AT THE CURRENT RATE OF EXCHANGE; ALSO 
EMPOWERING THEM TO SELL ANY ESTATES LYING UNDER 
MORTGAGE. 

Resolved, That the committee appointed by a resolve 
of November 20th, 1780, to sell certain confiscated 
estates, belonging to sundry persons called absentees, 
lying in the several counties in this Commonwealth, be, 
and they are hereby impowered and directed, to receive 
gold and silver, as well as the money of the new emis- 
sion, at the current rate of exchange, for any such 
estates as they may sell agreeable to the resolve afore- 
said, any law or resolve of this Commonwealth to the 
contrary notwithstanding. 

And it is further Resolved, That the committees afore- 
said, be impowered and directed to sell any such estates 
as have ])een secured for the payment of money borrowed 
by a committee appointed by a resolve of June 19th, 1780, 
for said purpose, where the persons to whom such estate 
is secured, are consenting and discharging said securities 
at their just value. 

And whereas by the aforesaid resolve of the %)th of 
November last past, the estates that were under mortgage 



Chap. 33 



232 1780. — January Session. 

before the \Wi of April, 1775, ivere excepted out of the 
oi'ders of sale; and whereas some of the mortgagees are, 
or may in future he in possession of the lands contained 
in their mortgages, ivhere the same is mortgaged under 
the value thereof, and by continuing such possession, may 
get the legal title to said lands, to the great damage of this 
Commonwealth , for preven tion lohereof 

Be it further Resolved, That the committees appointed 
by said resolve, be, and hereby are authorised and empow- 
ered, to sell any estates lying under mortgage as afore- 
said, and to pay the mortgagees the full value of their 
respective mortgages, in silver or gold, or current money 
equivalent thereto, out of the money arising from said 
sales, and the remainder of said money arising from the 
sale of said mortgaged estates, to pay to the Treasurer 
of this Commonwealth, as soon as may be. 

January 25, 1781. 



Chapter 34. 



Chap. 34 



RESOLVE MAKING PROVISION FOR THE PAYMENT OF BILLS 
DRAWN BY THE DELEGATES OF THIS STATE AT CONGRESS 
FOR THEIR NECESSARY EXPENDITURES. 

Whereas it is necessary some further provision should 
he made for the payment of the bills which may he drawn 
by the Delegates of this State at the Continental Congress, 
for their necessary expenditures, therefore, 

Resolved, That there be appropriated in the hands of 
the Treasurer of this State, the sum of three thousand 
pounds in the new emission, so much of which sum or 
of such other sum as may be appropriated to the same 
use, may be from time to time drawn out of the treasury 
of this State by warrants from his Excellency the Gov- 
ernor with the advice of Council, as may be necessary to 
answer the draught of any Delegate of this State at Con- 
gress for the purpose aforesaid, provided that no sum 
exceeding the sum of six hundred pounds in the new 
emission aforesaid, be paid to the draught or draughts 
of any one Delegate in the course of the year, each 
delegate to be accountable for the sum he shall receive, 
any resolve to the contrary notwithstanding. 

January 26, 1781. 



1780. — January Session. 233 

Chapter 35. 

RESOLVE GRANTING A FURTHER SUM OF ONE THOUSAND (Jfiaj) 35 
THREE HUNDRED AND SEVENTY-FIVE POUNDS TO THE ^ * 

COMMITTEE ON FOREIGN AFFAIRS FOR PURCHASING BILLS 
OF EXCHANGE TO DISCHARGE A DEBT CONTRACTED BY MR. 
A USTIN, IN EUROPE. 

Whereas hy an error in computation the sum of four 
thousand one hundred pounds, granted hy this Court by 
their resolve of the twenty fourth instant to the committee on 
foreign affairs for purchasing bills of exchange for dis- 
charging the debt contracted by Mr. Austin ^o>' cloathing, 
the sum so granted is incompetent to the said purpose; be it 

Resolved, That there be granted and paid to the com- 
mittee aforesaid, out of the public treasury, the further 
sum of thirteen hundred and seventy-six pounds of the 
new emission, out of the money borrowed of the conti- 
nental commissioner of loans, in consequence of a late 
resolve of the General Court. January 26^ 1781. 

Chapter 36. 

RESOLVE EMPOWERING EDWARD DAVIS, ESQ; OF DUDLEY, QhciT) 36 
TO MAKE SALE OF THE LANDS MENTIONED IN HIS PETI- ^ ' 

TION, AND TO EXECUTE A GOOD DEED OF THE SAME. 

On the petition of Edward Davis, Esq; of Dudley, in 
the county of Worcester, guardian to John, Xancy and 
Polly Lovel, children and heirs of Ann Lovel, late wife 
of John Lovel, an absentee, setting forth in his petition, 
that the said children in the right of their deceased 
mother are heirs to certain tracts of lands lying in 
Oxford, Dudley and Killiugley that are taxed, and the 
said guardian having no estate in his hands to discharge 
the taxes that are assessed on. those lands : 

Resolved, That the prayer of the petition be granted, 
and that the said Edivard Davis, in his said capacity, 
be, and he is hereby impowered, to make sale of the 
lands mentioned in said petition, for the most the same 
will fetch, and to make and execute a good and sufficient 
deed or deeds to the purchaser or purchasers for the same, 
he observing the rules in the law for the sale of real estates 
by executors and administrators, and giving bond to the 
Judge of Probate for the county of Suffolk, if he is not 
already under sufficient bonds, that the proceeds of said 
sale be disposed of according to law. .January 26, 1781. 



234 1780. — January Session. 



Chapter 37. 

CJiaj)* 37 RESOLVE ON THE REPRESENTATION OF DR. JOSEPH GARDNER, 
^ ' RESPECTING THE SICK PATIENTS IN THE STATE HOSPITAL. 

On the representation of Dr. Joseph Gardner. 

Resolved, That Andreiv Wisacre and Philip Audihert, 
wounded at Penobscot, out patients of the State hospital, 
are no longer under the direction of Dr. Gardner, and he 
is not permitted to allow them rations. 

Resolved, That the sick seamen who were strangers 
returned in the ship Protector from her last cruise, and 
could not be taken into the State hospital, and had 
their necessaries from said hospital during their sick- 
ness, have the Doctor's lull paid hy the State and nothing 
further. 

Resolved, That the sick negroes who were servants on 
board said ship and died, have the Doctor's bill paid by 
the State and nothing further. 

Resolved, That no funeral charges l)e paid hy the State 
for any seamen belonging to the ship Protector, the wages 
of such seamen as died after the cruise was up, being 
sufficient for said purpose, and the necessaries from said 
hospital and Doctor's l)ill is paid l)y the State. 

Resolved, That some provision l)e made for a State hos- 
pital, other than that on Rainsford Island, in the harbour 
of Boston. Jamiary 31, 17 SI. 



Chapter 38. 

ChaV' 38 RESOLVE FOR COMPLEATING THE CARPENTER'S WORK OF THE 
^ * SHIP TARTAR, BELONGING TO THIS COMMONWEALTH. 

The committee of both houses, appointed to take into 
consideration the report of the committee appointed to 
sell the ship Tartar, lately built, belonging to this Com- 
monwealth, have attended that service, take leave to 
report, as their opinion. That all the carpenter's work 
on said ship be compleated as soon as may be, which 
being done will induce any purchaser to give double 
the sum it will cost to compleat said work, if she should 
be sold, she being at present in a suffering condition. 

January 27, 1781, 



1780. — January Session. 235 



Chapter 39. 

RESOLVE APPOINTING COL. JOHN ASHLE^T, JUN. AND JUSTIN (JkaT) 39 
ELY, ESQ; A COMMITTEE TO TAKE THE CHARGE OF THE ^ * 

MONEY GRANTED TO THE NON-COMMISSIONED OFFICERS 
AND PRIVATES BELONGING TO THE MASSACHUSETTS LINE 
OF THE ARMY, AND REQUESTING THE GOVERNOR TO WRITE 
TO GENERAL WASHINGTON TO AID AND ASSIST THEM, AND 
GRANTING TO SAID COMMITTEE SEVENTY-FIVE POUND TO 
ENABLE THEM TO PROCEED ON SAID BUSINESS. 

Resolved, That Col. John Ashly, jun. and Justin Ely, 
Esq ; be a committee to take the charge of the money 
granted by a resolve of the 15th instant, as a gratuity to 
the non-commissioned officers and soldiers belonoino- 
to the 3Iassachusetfs line, and to convey the said money 
to camp, and after consulting with his Excellency General 
Washington (or in his absence from camp with Major 
General Heath) to distribute the same in equal propor- 
tions among the said non-commissioned officers and sol- 
diers, in such way and manner as his Excellency (or in 
case of his absence as aforesaid, Major-General Heatli) 
and the said committee shall think best, taking a receipt 
from each of said non-commissioned officers and soldiers 
for the money they may respectively receive. 

Resolved, That his Excellency the Governor be desired 
to write to his Excellency General Washington, requesting 
his aid and assistance in devising the way and manner of 
distributing the money as aforesaid. 

Resolved, That there be paid out of the treasury of 
this State to the said committee, the sum of tivelve 
thousand pounds in gold and silver, for the' purpose 
beforementioned . 

And to enable the said committee forthwith to proceed 
on the business, by these resolves assigned them: It is 
further 

Resolved, That there be paid out of the treasury of 
this State, to each of the said committee, the sum of 
seventy -five pounds, in bills of credit of the new emission, 
they to be accountable to this Court for the expenditure 
of the same. 

And in order that such deficiency as may remain of 
the gratuity aforesaid, together with other things neces- 
sary for the use of the Massachusetts line in particular, 
may be immediatety sent forward, it is also 

Resolved, That the said committee make application to 



236 1780. — January Session. 

his Excellency the Commander in Chief (or. in case of his 
absence from camp, to Major-General Heath) for a return 
of the number of non-commissioned officers and soldiers 
now in the army belonging to this State's quota, and 
engaged to serve during the war, and of the condi- 
tion of their cloathing in particular ; and also that 
the said committee improve all opportunities, consistent 
with decorum and propriety, and the rules and orders 
of the army, to inform themselves of the condition of 
the officers and soldiers belono;ing to the Massacliui^etU 
line, with respect to provisions, pay, and every other 
matter that may affect their comfort and convenience, 
and make report to this Court, as soon as may be, of 
every circumstance I'elative thereto, and that said com- 
mittee lay their accounts before the General Court for 
allowance and payment. January 27, 1781. 



Chapter 40. 

ChaV 40 BRIGADIER-GENERAL WARNER APPOINTED AS ONE OF THE 
^ ' COMMITTEE TO GO FORWARD TO CAMP WITH THE GRA- 

TUITY TO THE NON-COMMISSIONED OFFICERS AND PRI- 
VATES OF THE MASSACHUSETTS LINE OF THE ARMY, IN 
THE ROOM OF JUSTIN ELY, ESQ; EXCUSED. 

The House, by ballot, made choice of Brigadier-Gen- 
eral Warner as one of the committee to go forward to 
camp with the gratuity to the non-commissioned officers 
and soldiers of the Massachusetts line of the army, in 
the room of Justin Ely, Esq ; who has resigned his 
appointment. January 27, 1781. 



Chapter 41. 

Chnil 41 RESOLVE ON THE PETITION OF HON. JAMES WARREN, ESQ; 

^ ' AND OTHERS, IN BEHALF OF THE TOWN OF PLYMOUTH, 

DEDUCTING FOUR MEN FROM SAID TOWN, AND ADDING THE 

SAME TO THE TOWN OF HALIFAX, IN THE COUNTY OF 

PLYMOUTH. 

On the petition of the Hon. James Warren, Esq; and 
others, in behalf of the town of Plymouth : 

Resolved, That as a committee is appointed for taking 
a new valuation throughout this Commonwealth, and by 
a resolve of a former General Court such towns as appear 



1780. — January Session. 237 

to have been over taxed since the last vakiation shall 
be refunded out of the public treasury, it is not ex- 
pedient at present to take the circumstances of said 
town into consideration, any other than with regard to 
the apportionment of men to reinforce the Continental 
army. 

And as hy a clerical mistalce it ajjpears that the town of 
Halifex, in the county of Plymouth, have four men less 
aj)portioned them than they oiKjJd to have: Therefore, 

jResolved, That four men be deducted from the toAvn of 
Plymouth, and four men added to the town of Halifax, 
in said county ; and the Brigadier of the county afore- 
said is hereby directed to inform said towns of this 
resolution, that they may conform accordingly. 

January 27, 1781. 



Chapter 42, 

RESOLVE ORDERING THE NEW LEVIES RAISED IN THIS COM- (Jhaj). 42 
MONWEALTH TO BE FURNISHED WITH CLOATHING, AND ^ * 

REQUESTING THE GOVERNOR TO INFORM CONGRESS OF 
THIS RESOLVE. 

Resolved, That Ebenezer Wales and Amasa Davis, 
Esqr's, be a committee to provide all such articles of 
cloathing as they have not on hand, which shall l)e suf- 
ficient to cloath all the new levies raised and to be raised 
in the Commonwealth, agreeable to the orders of the 
General Court of December last, and that the said com- 
mittee be instructed to procure the cloathing l)y loan, 
and to assure the lenders of such cloathing, that they 
shall be paid therefor out of the sum to be levied by the 
next tax ; and that the said committee be directed to 
deliver the cloathing so procured, to the order of Major- 
General Lincoln, in this State, and that said committee 
lay their accounts before the General Court for allow- 
ance and payment. 

And it is further Resolved, That his Excellency the 
Governor be desired to write to Congress, informing 
them of this resolve, and request an order on the loan- 
otficer in this Commonwealth for the sum that may be 
expended in cloathing the said new levies, or that it may 
be deducted from the first sum they have requested 
from this Commonwealth. January 27, 1781. 



238 1780. — January Session. 

Chapter 43. 

Chap. 43 A. GRANT OF SIX THOUSAND POUNDS TO EBENEZER WALES 
AND AMASA DAVIS, ESQ'RS. TO ENABLE THEM TO PROCURE 
CLOATHING AND SMALL STORES FOR THE SOLDIERS OF THE 
MASSACHUSETTS LINE OF THE ARMY. 

Whereas by a resolve of the General Oourt passed the 
last session, it icas recom)nended to Xatbaniel Appleton, 
Esq; Continental loan-officer, to advance thirty thousand 
pounds, in bills of the new emission, to the 2Veasurer of 
this Commonwealth, for the use of said Comm,onwealth : 
And ivhereas the Treasurer was directed in said resolve 
■ not to iKty out said money without special orders from the 
General Court: And ivhereas it is absolutely necessary 
that fifteen hundred uniform coats be immediately pro- 
vided for the soldiers of the Massachusetts line novj in 
the army : Therefore, 

Resolved, That the Treasurer be, and he is hereby 
directed, to pay out of the treasury of this Common- 
wealth, to Ebenezer Wales and Atnasa Davis, Esq rs, com- 
mittee for purchasina' cloathing and small stores, six 
thousand pounds in bills of credit of the new emission, 
to enable them to procure said coats and small stores to 
send to the army ; and said committee are directed to 
procure as nmch of said cloathing and stores on loans 
as they possibly can, any thing in the foregoing resolve 
to the contrary notwithstanding ; the said committee to 
be accountable for the expenditure of the money they 
ma}' receive. January 27, 1781- 

Chapter 44. 

ChaV 44 ^^ GRANT OF FIFTY POUNDS TO MAJOR EZRA LUNT, ISSUING 
^ ' COMMISSARY OF SMALL STORES, TO ENABLE HIM TO EXE- 

CUTE THE BUSINESS ASSIGNED HIM. 

On the petition of Major Y^va'a Lunt, Issuinr/ Commis- 
sary of small stores, praying for a sum of money to 
enable him to prosecute the business assigned him.: 

Resolved, That there be paid out of the public treasury 
of this Commonwealth, the sum oi fifty p)ounds, new emis- 
sion, to INIajor Ezra Lunt, Issuing Commissary of small 
stores, to enable him to prosecute the business assigned 
him by this Court, he to be accountable for expendi- 
ture of the same. January 27, 1781, 



1780. — January Session. 239 

Chapter 45. 

RESOLVE APPOINTING TWO GENTLEMEN TO COLLECT BEEF (Jliaj). 45 
IN THE COUNTIES OF CUMBERLAND AND LINCOLN, AND ^' 

LENGTHENING THE TIME FOR THE DEFICIENT TOWNS 
TO MAKE RETURNS INTO THE SECRETARY'S OFFICE OF 
THE MONEY AND BEEF COLLECTED UPON THE FIRST REQ- 
UISITION. 

WJiereas it has been represented to this Court, that there 
is a quantity/ of heef collected and salted in the counties 
of Cumberland and Lincoln, upon the first requisition; 
that heef ivill he wanted for the troops in that quarter: 
Therefore, 

Resolved, That the whole quantity of beef which has 
been raised upon the first requisition, and that has or 
may be raised on the second requisition, in the counties 
of Cumberland and Lincoln, be retained in said counties 
until the further orders of the General Court ; and that 
Ebenezer Preble be, and hereby is appointed commis- 
sioner for the county of Cumberland, and Dumme)' 
Sewall, Esq; for the county of Lincoln, to collect said 
beef into proper stores, and take special care that the 
same be well secured and preserved, and to give dupli- 
cate receipts to the agents from whom they may receive 
said beef, one of which receipts said agents are directed 
to lodge in the Secretary's office. 

And it is further Resolved, That the agents for said 
counties of Cumberland and Lincoln, be, and hereby are 
directed, forthwith to pay the monies they have or may 
receive upon the first and second requisition in lieu of 
beef, into the hands of the superintendent of this Com- 
monwealth, taking duplicate receipts for the same, one 
of which to be lodged in the Secretary's office. 

And ivltereas it app)ears that several towns, &c. have 
collected their money in lieu of beef upon the first requisi- 
tion, but have not had opportunity to pay the same to the 
committee or agents. 

Resolved, That the cornmittee and their agents shall 
receive money in lieu of beef of the said tleticient towns 
and plantations, until the twentieth day of i^eirwar?/ next, 
at the rate of three pounds seven shillings and six pence 
of the new emission, per hundred weight. 

And whereas there is a deficiency of retwns from 
several of the towns, i&c. of the beef and money they 
have supplied upon said first requisition, said towns and 



240 1780. — January Session. 

plantations are hereby notified forthwith to make returns 
into the Secretary''s office of such certificates as they have 
7'eceived or may receive from the committee or agents, as 
they would avoid the penalty provided in the resolve of the 
^bth of September last. The superintending committee 
are also directed forthivith to lodge in the Secretary'' s office 
a list of the supp)lies each toivn and plantation has made 
either in beef or money. And the Secretary is hereby 
directed to publish in the several news-papers such part of 
these resolves as mahe provision for lengthening out the 
time for receiving money in lieu of beef, and also calling 

for the returns from the several towns, and immediately 
to notify Mr. Ebenezer Preble and Dummer Sewall, Esq; 
of their appointment. January 29, 1781. 



Chapter 46. 



Chap. 46 



RESOLVE NOT TO PERMIT AN IMPRESS FOR SEAMEN FOR THE 
CONTINENTAL SHIP ALLIANCE. 

The committee of both Houses, to whom was committed 
the petition of the Honorable the Navj Board, Eastern 
department, have attended that service, and ask leave to 
report. That it is their unanimous opinion not to permit 
an impress for seamen for the Continental ship Alliance, 
at this time in a particular manner, it is not expedient in 
any other way agreeable to the Constitution of this Com- 
monwealth, assistance will be given in manning said ship 
when pointed out by the Honorable Navy Board. 

January 29, 1781. 

Chapter 47. 

Chan 47 resolve excusing the secretary from furnishing the 

^ * several muster-masters and superintendents of 

this commonwealth, with the resolves relative 

to raising the new levies, except the resolve of 

the 24th instant. 

Whereas by <i resolve of this Court of the 24^/^ of 
January instant, the Secretary is directed to furnish the 
several muster-masters and superintendents of this Com- 
monwealth ivitli a copy of the said resolve of the 24:th 
instaiit, and all other resolves relative to raising the new 
levies; and whereas it is no longer necessary that the Sec- 
retary shoidd continue to furnish the said muster-masters 



1780. — January Session. 241 

and superintendents ivith the resolves aforesaid, except that 
of the said 2Ath instant: It is therefore, 

Resolved, That the Secretary be, and he is hereby 
excused from furnishing the said muster-masters and 
superintendents with any of the resolves aforesaid, except 
that of the said 24th instant, any thing in the said resolve 
to the contrary notwithstanding. January 30, 1781. 

Chapter 48. 

RESOLVE GRANTING COL. LEWIS MARESQUELLE, LEAVE OF QhttV 48 

ABSENCE. ^ * 

On the petition of Lewis De Maresquelle, praying for 
leave of absence for the term of nine months: Therefore 

Resolved, That Col. Lewis De Maresquelle, have leave 
of absence from this Commonwealth for the term of nine 
months, after his settling his accounts with the Board of 
War, or any other persons from whom he may have 
received public stores. January 30, 1781. 

Chapter 49. 

RESOLVE EMPOWERING THE TREASURER OF THIS COMMON- (JhctlJ 49 
WEALTH TO GIVE ORDERS ON THE COLLECTORS OF THE ^ ' 

SEVERAL TOWNS, IN PAYMENT FOR THE CLOATHING AND 
SUPPLIES FOR SOLDIERS FAMILIES ADVANCED ON THE 
CREDIT OF GOVERNMENT; AND FOR PAYING THE MILITIA 
MARCHED THE SUMMER PAST ON ALARMS. 

Wliereas a number of towns as ivell as individuals, 
have demands on this Commonwealth for cloathing and 
supplies for soldiers families, <&g. advanced on the credit 
of Government : And whereas the state of our finances 
is such at present, as doth not admit of their being paid 
in money draum out of the treasury. 

It is therefore Resolved, That the Treasurer of this Com- 
monwealth, be, and he hereby is impowered and directed, 
to give orders on the collectors of the several towns 
in this Commonwealth, in payment for the cloathing 
that hath been provided by the said towns respec- 
tivel}' for the use of the army, agreeable to the requisi- 
tions of the General Court, and in favor of such persons 
as have demands on this Commonwealth for keeping the 
poor of Oharlestoivn. 

And also in favour of such towns and individuals as 
have demands on this Commonwealth for supplying sol- 



242 1780. — January Session. 

diers families, said accounts to be examined and allowed 
by the committee on accounts, and concurred )iy the com- 
mittee of the Senate, and such other accounts as the 
said committee think just and reasonable : And the Gov- 
ernor, with advice of Council, is hereby authorised to 
issue his warrant from time to time on*^ the Treasurer, 
in favor of said committee of the Senate, for such sum 
or sums of money as shall be necessary for the payment of 
such accounts as are above described, said committee 
to be accountable for the sum or sums which they shall so 
receive, any resolve to the contrary notwithstanding. 

And it is further Resolved, That the Treasurer give 
orders on the collectors as aforesaid, for paying the 
militia who have marched on alarms the summer past, 
agreeable to the orders of the late Council and of General 
Felloics; and the Governor with advice of Council, is 
requested to issue his warrant on the Treasurer accord- 
ingly. January 30, 1781. 

Chapter 50. 

Chan 50 k-esolve on the petition of a number of inhabitants 
^* OF the town of shelburxe, giving them leave to 

BRING IN A BILL FOR THE PURPOSE MENTIONED. 

On the petition of a numher of inhabitants of the town 
of Shelburne, in the county of Hampshire, situated on the 
south side of Deertield River, praying to be set off from 
Shelburne to Conway, ivitJi all the land lying on the 
south side of said Hirer. 

Resolved, That for reasons set forth in said petition, 
the prayer of said petition be granted, and the petitioners 
have leave to bring in a bill for that purpose. 

January 30, 1781. 

Chapter 51. 

Chan 51 e-esolve requesting the governor to write col. shel- 

^ * DON, IN answer to HIS LETTER OF THE 6th OF JANUARY 

INSTANT, AND INFORM HIM, THAT THIS COMMONWEALTH 
ARE READY TO AFFORD HIM EVERY ASSISTANCE IN THEIR 
POWER. 

Resolved, That his Excellency the Governor, l)e, and 
he is hereby requested to write to Col. Sheldon, in 
answer to his letter of the 6th of January instant, and 



1780. — January Session. 243 

inform him that this Commonwealth are ready at all 
times, to afford such assistance as their abilities will 
admit of, to the army of the United States, that the 
Issuing Commissaries within this Commonwealth will be 
supplied Avith such articles of provisions as are required 
by Congress. That as many matters which relate to the 
comfort and subsistance of his corps fall within the line of 
the Quarter-Master-General, his assistants will undoubt- 
edly attend to them, which will prevent an interference of 
this Commonwealth in the arrangement of business already 
established by Congress. That in a short time there will 
probably be a sufficienc}^ of short forage for the use of 
his horse, which will be delivered over to Capt. Tucher- 
man, Assistant-Quarter-Master at Si^ringjield. 

January 30, 1 781 . 

Chapter 52, 

RESOLVE APPOINTING OLIVER PHELPS, BSQ; TO SUPERINTEND QJidf) 52 
THE PURCHASING BEEF, AND EMPOWERING HIM TO APPOINT ■^' 

AGENTS AND PURCHASERS TO EXECUTE THE BUSINESS 
OF HIS COMMISSION, AND TO MAKE MONTHLY RETURNS 
TO THE GOVERNOR, AND SUCH OTHER RETURNS AS ARE 
REQUIRED BY CONGRESS. 

Resolved, That Oliver Phelps, Esq ; be, and he hereby 
is appointed, to superintend the purchasing beef in such 
manner as the General Court shall from time to time 
order, and also receiving the beef or money in lieu 
thereof, that has or may be assessed, and the grain that is 
permitted to be paid in lieu of beef in the counties of 
Uauqjshire and Berkshire , and to direct the delivery of 
those articles to proper Continental officers ; and the said 
superintendent shall obey all such orders as he may from 
time to time receive from the General Court, and make 
monthly returns of his doings to the Governor, and such 
other returns as are required by Congress. 

And it is further Resolved, That the aforesaid superin- 
tendent be, and he is hereby empowered, to appoint so 
many agents and purchasers as he may find necessary to 
execute the business of his commission, which agents and 
purchasers shall obey all such orders as they may from 
time to time receive from said superintendent, and shall 
make monthly returns to him of their doings, and oftener 
if required ; and the said agents and purchasers that may 



244 1780. — January Session. 

be appointed, shall not on any account be permitted to 
make purchases without the limits that may be assigned 
to them by the superintendent, and shall severally take 
efl'ectual measures for forwarding such proportion of the 
beef as shall hereafter be allotted by the said superintend- 
ent to their respective districts. 

Resolved, That the said superintendent appoint some 
proper person to join with such Continental officer or 
officers as may be appointed on the part of the Continent 
to estimate the weight of the beef to be forwarded to the 
army, before it goes without the limits of this Common- 
wealth ; and the said superintendent is hereby directed 
to order all persons employed under him in delivering 
articles for the use of the army, to take duplicate receipts 
therefor, expressive of the weight or quantity of the 
article delivered, one of which receipts he shall lodge 
with the superintendent as soon as may be. 

And it is further Resolved, That the said superintendent 
be, and he is hereby empowered and directed, to displace 
any of his agents who may be guilty of any misconduct, 
and also to require of them, when appointed, such Ijonds 
as he may judge necessary for his own security. 

And it is further Resolved, That the said superintend- 
ent be, and he is hereby directed, to supply the Conti- 
nental Issuing Commissaries within this Commonwealth, 
with meal, and if necessary with flour, and take receii)ts 
so as that the same may be charged to the United States ; 
and the said superintendent is directed to improve 
every opportunity in giving the Commissary and Quar- 
ter-Master General of the army seasonable and regular 
information of his prospects Avith regard to the quan- 
tity of supplies that he may depend upon being furnished 
with; and also that he, without loss of time, inform his 
Excellency the Governor of this Commonwealth of 
any embarrassments that may tend to prevent his execut- 
ing the business to which he is appointed. 

And it is further Resolved, That the said superintendent 
be, and he is hereby directed, to obey all such orders as 
he may receive from his Excellency General Washmgton, 
and from the Commissary and Quarter-Master General, 
with regard to the delivery of the provisions and forage 
under his particular care and direction. 

And it is further Resolved, That the purchasing agents 
be not allowed to appoint agents to act under themselves 



1780. — January Session. 245 

but by the special approbation of the superintendent. 
And all persons employed in purchasing cattle are hereby 
strictly enjoined to take vouchers of those of whom they 
may purchase, expressing the number of cattle and the 
price given for the same. 

And it is further liesolved, That all the necessary 
expences of said superintendent shall \)q allowed, and 
that he shall receive an honorable reward for his services, 
to be hereafter determined by the General Court, and 
also that he be directed to settle all accounts with his 
agents and purchasers, and pay his purchasing agents for 
their services and expences, such sum as he shall judge 
reasonable and just, not exceeding six shillings hard 
money, or the value thereof in bills of credit, for every 
thousand weight of beef by them respectively purchased , 
and in the same proportion for a greater or less quantity, 
and also in the same proportion for any other articles by 
them purchased in consequence of their appointment, in 
full compensation for their services, except their necessary 
expence in keeping said beef or other articles, and con- 
veying the same to such place as he shall appoint for the 
reception thereof, for which he shall allow and pay them 
what is reasonable ; and also to allow and pay his agents 
who may receive beef or other articles of the several 
towns in this Commonwealth, or money in lieu of beef, 
such sum or sums of money as shall be reasonable for 
their several and respective services. 

And it is further Resolved, That the said superintendent 
be, and hereby is directed, to procure beef and other 
articles necessary for the Continental army, by contracting 
for the same with such persons as may be disposed to 
agree to procure and deliver the same at certain places, 
at such prices as may be agreed upon between the said 
superintendent and such contractor or contractors, so far 
as the money which the said superintendent may receive 
from the several towns in this Commonwealth in lieu 
of beef, or other money which he may receive for the 
purpose of procuring beef or other articles, will extend in 
paying for the same, in all cases where he shall judge 
that the interest of the Commonwealth may be better 
promoted by such contracts than by employing agents or 
purchasers for the purposes aforesaid. 

And it is further Resolved, That the said superintendent 
be, and hereby is directed, to lay his accounts before the 



246 1780. — January Session. 

General Court once in six months, and oftener if required, 
for examination, allowance and payment. 

And it is fuithev Resolved, That the said superintend- 
ent be, and he hereby is authorized and empowered, to 
observe and execute the directions o-iven to the late 
superintending committee with respect to hides, tallow, 
and packing of beef. 

And it is further Resolved, That the said superintendent 
be, and he hereby is authorised and empowered to use 
and exercise all the powers for impressing cattle, &c. 
vested in the late superintending committee for purchasing 
cattle and forage, by the resolve of 23d June last. 

January 30, 1 781 . 

Chapter 53. 

Chap 53 ^ GRANT OF FOUB THOUSAND POUNDS TO EBEXEZER WALES, 
^ ' ESQ; AND CAPT. AMASA DAVIS, TO ENABLE THEM TO FUR- 

NISH THE OFFICERS OF THE MASSACHUSETTS LINE WITH 
CLOATHING. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth, to Ehenezer Wcdes, Esq ; and 
Capt. Amosa Davis, the sum oi four thousand pounds, 
new emission, to enable them forthwith to furnish the 
officers of the MassacJiusetts line with cloathing due to 
them by a resolve of September 20, 1779. 

And it is also Resolved, That the Board of War be, and 
they hereby are directed, to furnish the said Ehenezer 
Wales and Amasa Davis Avith an account of all the 
cloathing now due to the officers of the Massachusetts 
line of the army, agreeable to the resolve aforesaid, of 
Sejjtemher 20, 1779^ Januanj 30, 1781. 



Chap. 51 



Chapter 54. 

RESOLVE DIRECTING THE TREASURER TO STAY HIS EXECU- 
TIONS FROM THE TOWN OF HARWICH, CHATHAM, EAST- 
HAM, AND YARMOUTH, IN THE COUNTY OF BARNSTABLE, 
AND MANCHESTER, IN THE COUNTY OF ESSEX, UNTIL 
FURTHER ORDER. 

On the petition from the Toivns of Harwich, Chatham, 
Eastham and Yarmouth, in the county of Barnstable, and 
^Manchester iii the county of Essex, setting forth the many 
difficulties and distresses the inhabitants of said towns 



1780. — January Sessfon. 247 

labour under, hy reason of the extraordinary diminution 
of their inhabitants, and many other inconveniencies said 
towns labour under by reason of the present war, praying 
that they may he abated the taxes and requisitions of beef 
and other articles as is fully set forth in their said petitions. 
Therefore Resolved, That the Treasurer of this Com- 
monwealth lie, and he is hereby directed, to stay his 
executions from the towns of Harwich, Chatham, East- 
ham and Yarmouth, in the county of Barnstable, and 
Manchester in the county of Essex, until the further 
order of the General Court, and that their several peti- 
tions lie on the files of the General Court the same time. 

January 31, 1781. 



Cliapter 55. 

RESOLVE EXTENDING A RESOLVE PASSED THE GENERAL 
COURT THE 19th- OF SEPTEMBER, ON THE PETITION OF 
CALEB GRAFF AM. 

JV/iereas a resolve teas passed by the General Court the 
19th day of September last on the petition of Caleb Graf- 
fam, determining that in all causes 7vherein he might be 
interested, and luherein proof of the notifications of the 
assessments made agreeaJjle to a certain act therein men- 
tioned should be required, his oath that the same tcere 
posted up in the toivn of Marblehead, together ivith other 
proof that they v.'ere posted up in the towns of Falmouth 
and Windham, shoidd be accounted sufficient evidence. 

And whereas the said Caleb Graffam has petitioned this 
Court that the said resolve might be extended so as to make 
provision for the proof of notifying the sale of delinquent 
^proprietors lots agreeable to said act, and it appearing 
reasonable that said resolve shoidd be so extended, there- 
fore, 

Resolved, That in all causes or actions at law, wherein 
the said Caleb Graffam may be interested, and when 
proof of the notifications of the vendue at which any 
delinquent proprietors lots may have been sold, shall be 
required, the same mode of evidence shall be accounted 
sufficient which is provided for in the said resolve of the 
19th of September last, with respect to publishing the 
lists of assessments therein mentioned. 

February 1,1781. 



Chap. 55 



248 1780.— January Session. 

Chapter 56. 

Ghai) 56 f^ESOLVE directing the committee to sell the estates 

"' OF absentees in the county of HAMPSHIRE TO EXE- 

CUTE A GOOD DEED OF 50 ACRES OF LAND BELONGING TO 
COL. JOHN MURRAY, AND DECLARING NULL AND VOID A 
DEED MADE BY THE CLERK OF SAID COUNTY FOR 155 
ACRES OF LAND BELONGING TO SAID MURRAY, AND EM- 
POWERING HIM TO MAKE A GOOD DEED OF SAID LAND. 

Resolved, That the committee appointed to sell the 
estates of absentees in the county of Hampsliire be, and 
hereby are directed, to make and execute a good and 
sufficient deed of fifty acres of land originally belonging 
to Col. John Murray, being the northeasterly part of lot 
number twenty-two in the second division in Murray field, 
in said county, and now under the actual improvement 
of ISanmel French, to the said French, he paying therefor 
so much to said committee as they may judge in equity 
ought to be paid for the same. 

And it is further Resolved, That a deed made by the 
clerk of the peace for the county of Hanqjshire, for one 
hundred and fifty-five acres and one hundred and thirty 
rods of land, formerly the property of Col. John Murray, 
to James Cox and Alvord Fd wards, in consequence of an 
act passed the Great and General Court the nineteenth 
day of June, in the year of our Lord, 1779, empowering 
said clerk for certain purposes therein mentioned to sell 
the unimproved lands of John Chandler and others, be 
and is hereby declared null and void, and the said clerk 
of the peace is herel)y directed to make a new deed to the 
said Cox and Edwards, bounding north on said Frenches 
south line, and extending so far south as to make the 
quantity of land one hundred and fifty-five acres and one 
hundred and thirty rods, and that said land be surveyed 
before the deed be given. February 1, 1781. 

Chapter 57. 

ChaV 57 ""ESOLVE directing the committee to sell CONFISCATED 

-^ ■ ESTATES IN THE COUNTY OF WORCESTER, TO MAKE AND 

EXECUTE A GOOD DEED OF THE LAND MENTIONED IN THE 

PETITION OF JOHN CHILD, IN BEHALF OF JOSIAH CHENEY 

OF HOLDEN. 

The committee of both Houses appointed to take into 
consideration a resolve on the petition of John Cliild, in 
l^ehalf of Josiah Cheney, of Holden, in the county of 



1780. — January Session. 249 

Worcester, directing the committee for selling absentees 
estates to make a good deed of the land mentioned in a 
resolve passed the General Court the twenty-fourth day 
of February last, and to report what is proper to be done 
thereon, beg leave to report by way of resolve. 

Whereas it appeareth that the said Josiah Cheney did 
bar(iaiii with Eliakim Plutchinson some tiine before the 
present v:ar for tioo hundred and five acres and fourteen 
7'ods 'of land lying in said Holden, and paid part of the 
consideration and received a bo7id for a deed, lohen he 
should pay the remainder ; therefore. 

Resolved, That the committee appointed to sell such 
absentees estates in said county as have been confiscated, 
be directed, and they are hereby authorized and directed 
to make out and execute a good and sufficient deed of 
said land to said CJteney, he paying to the said committee 
so much money as is justly due, after the several sums 
already paid are deducted, accounting for the interest of 
the remainder. February 1, 1781. 

Chapter 5S, 

RESOLVE ON THE PETITION OF JOHN MAGRAY, GIVING HIM QJinj) 5g 
LIBERTY TO GO TO YARMOUTH, IN NOVA-SCOTIA. ^ ' 

On the petition q/" John Magray, an inhabitant o/" Yar- 
mouth, in Nova-Scotia, prayinrf he may have leave to go 
home in a small schooner or shallop with his effects, and 
return to this State again with his effects next sjjring. 

Resolved, That the prayer of the petition be so far 
granted, that the said Jolin Magray, have leave to pro- 
ceed to J^ova- Scotia, as above mentioned, and carry with 
him one thousand buncJtes of onions, fifty barrels cyder, 
one thousand iveight brown sugar, three barrels West- 
India rum, and one quarter cask icine; this Court being 
satisfied that he has interest in this State, sufficient to 
purchase said articles, he giving bonds to the Naval 
Officer of the port he may sail from, with two sufficient 
sureties in the penal sum of one thousand pounds new 
emission, conditioned that he carry with him no other 
articles but such as are mentioned in this resolve, except 
necessary stores for the voyage. And the commanders 
of all armed vessels and others belono-ino- to this State, 
are hereby directed to suffer the said Magray to pass 
with his vessel and the articles before mentioned unmo- 



250 1780. — Januaky Session. 

lested. And it is hereby recommended to the com- 
manders of all vessels belongins to the United States, 
or any of them, to let the said Magray pass as aforesaid, 
without hindrance. February 2, 1781. 



Chapter 59. 

Chav, 59 RESOLVE impowering the treasurer to pay oxe hux- 

^ ' DRED POUNDS IN SILVER MONEY TO THE COMMITTEE 

APPOINTED BY THE TOWN OF BOSTOX, FOR GETTING 
RECRUITS FOR THE CONTINENTAL ARMY, FOR THE PUR- 
POSE OF GETTING SEAMEN FOR THE SHIP ALLIAXCE. 

Whereas the Honorable Continental Congress have rec- 
07mnended to this State, to assist in fitting the ship Alli- 
ance /or sea v'ithoiit loss of time, and as there is wanting 
about thirty seamen to enable her to proceed to sea: 

Resolved, That the Treasurer of this State, be, and 
he is hereby empowered and directed, to pay out of the 
treasury one hundred pounds in silver money to the 
committee appointed b}' the town of Boston for getting 
recruits for the continental army, they to improve said 
mone}' for the purpose of getting the seamen aforesaid, 
and to account to this Court for the expenditure thereof, 
within ten days from this time for the same, and the 
money aforesaid be charged to the account of the United 
States. February 2, 1781. 



Chapter 60. 

Char>. 60 RESOLVE for abating six men TO THE TOWN OF HAXOVER. 

Wliereas by the resolve of the General Court of the 2d of 
December last, fixing the quota of men lohich the several 
toivns in this Commonwealth are required to raise for 
filling up the continental battcdions, it apjjears, that the 
toivn of Hanover is required to furnish six men more 
than is their true and real prop)ortion, agreeable to the 
rule established for determining each town's quota : There- 
fore, 

Resolved, That of the eighteen men required of said 
town of Hanover, there be abated six, and that they l)e 
held to raise twelve men, and no more, for the purpose 
aforesaid, any resolve to the contrary notwithstanding. 

February 2, 1 781 . 



1780. — January Session. 251 



Chapter 61. 



) POUNDS TO CAPT. AMASA DAVISi (JJiq^j Q\ 
:SQ; TO ENABLE THEM TO PUK- ^ ' 



A GRANT OF FOUR THOUSAND 
AND EBENEZER WALES, Et 
CHASE CLOATHING FOR THE OFFICERS OF THE MASSA- 
CHUSETTS LINE OF THE ARMY. 

Whereas by a resolve of January oOtJi last, the Treas- 
urer was directed to pay Capt. Amasa Davis and Eben- 
ezer Wales, Esq ; the sum of four thousand pounds, hi 
bills of the new emission, to enable them to fwrnish the 
officers of the Massachusetts line with the cloathing due 
to them by a resolve of September 20th, 1779 ; And 
whereas no provision ivas made in said resolve for the 
Treasurer to pay the same out of the thirty thousand 
pounds advanced by the Continental Loan Officer in 
(his State to the Treasurer of this Commonu'ealth : 

Therefore Resolved, that the said sum of four thousand 
pounds, granted by the said resolve of the 30th of Janu- 
ary \ast, be paid out of the said thirty thousand pounds 
advanced by the Continental Loan Officer in this State, 
to the Treasurer, agreeable to a recommendation of the 
General Court in their last session. February 2, 1781. 

Chapter 62. 

RESOLVE FOR DISCONTINUING THE BOARD OF WAR, AND DI- n},Q^^ g9 
RECTING A SETTLEMENT OF THEIR ACCOUNTS, AND APPOINT- ^ -f ' ^ 
ING CALEB DAVIS, ESQ; AGENT TO TRANSACT THE BUSINESS 
OF THIS COMMONWEALTH. 

miereas a great part of the business ichich has been 
transacted by the Board of War is now by the constitu- 
tion put into the hands of the siqjreme executive, by 
reason whereof if is unnecessary to continue the Board 
of War for the p)urposes originally intended; 

Therefore Resolved, That the Board of War, consti- 
tuted and appointed by this State be, and they are hereby 
directed, to make no more purchases or contracts in behalf 
of this government, but that said Board lie so far con- 
tinued that any three of the members, as they shall 
agree, with two of their clerks, remain in office, the 
whole number of said Board however to be responsible 
for the settlement of their accounts, until the next ses- 
sion of the General Court, for the purposes of adjusting 
the accounts between them and individuals, and for the 
paj^ment thereof, so far as the warrants now drawn on 



252 1780. — Jaxuary Session. 

the treasury in their favom- will admit, and also for 
posting their books and settling their accounts with 
the government of this Commonwealth, and for the 
delivery of the public articles in their hands as hereafter 
mentioned. 

Resolved, That the Board of War be, and they are 
hereby directed, to deliver all the cloathing in their 
hands to Ehenezer Wales, Esq ; and Capt. Amasa 
Davis, and all other goods, wares, merchandize and 
things whatsoever in their hands, belonging to this 
Commonwealth, to Richard Devens, Esq ; Commissary- 
General of this Commonwealth, making out particular 
invoices of all goods and thinos delivered as aforesaid, 
and taking duplicate receipts therefor, one of each to 
be lodged in the Secretary's office. 

Resolved, That Caleb Davis, Esq ; be, and he is 
hereby appointed agent in l)ehalf of this government, 
to receive all goods, wares and merchandize whatsoever, 
which may arrive in any port of the United States, con- 
signed to said Board of War, and to dispose thereof as 
the government of this Commonwealth shall order. 

Resolved, That the said Caleb Davis, Esq ; be, and he 
is hereby appointed, authorized and empowered as agent 
in behalf of this Commonwealth, to receive this State's 
proportion of all prizes that may be captured and sent 
into any port of the United States, and to do and trans- 
act all business necessary for the condemnation thereof, 
and to dispose of the same as the government of this 
Commonwealth shall direct ; and the §aid Caleb Davis, 
Esq ; is hereby authorized and empowered to sue and 
prosecute to final judgment and execution any person 
or persons indebted to the Board of War in their said 
capacity, and to appear and defend any suits brought 
against said Board, in their said capacity. The said 
agent to be accounta1)le to the General Court for his 
conduct, and lay his accounts before them when 
required, and shall receive such consideration for his 
service as the General Court shall determine. And 
the agent for transacting the business aforesaid is here- 
after to be chosen annually at the same time and in the 
same manner as other civil officers of government. 

And whereas man ij 2'>er sons have made very considerable 
advances of their property to the Board of War, by which 
means the public interest has been greatly benefited, as some 



1780. — January Session. 253 

of said persons are noio in a suffering condition for ivanf 
of the money justly due to them. 

Therefore Resolved, That the Treasurer of this Com- 
monwealth be directed, and he is hereby accordingly 
directed, to discomit with any collector or collectors 
such part of the money due to the Board of War (upon 
the warrants already drawn upon him in their favor) as 
said Board of War shall apply to him to have discounted 
as aforesaid, provided said applications does not exceed 
one half the amount of the warrants aforesaid. 

February 8, 1781. 



Chapter 63. 

A GRANT OF EIGHT HUNDRED AND SEVENTY-ONE POUNDS 
SIXTEEN SHILLINGS TO THE 
FOR SERVICES AT CONGRESS. 



SIXTEEN SHILLINGS TO THE HON. ELBRIDGE GERRY, ESQ; ^'^^P' "^ 



Resolved, That there be paid out of the treasury of this 
Commonwealth to the Hon. Elhridge Gerry, Esq ; the 
sum of eight hundred and seventy-one pounds sixteen 
shillings, in bills of the new emission, which sum, with 
that of twenty-three thousand two hundred and three 
pounds four shillings and two pence old emission, 
already granted to him, is in full for services done and 
expences incurred as a Delegate for this State at Con- 
gress from January 177(3 to July 1780, and make the 
grant for his services equal to those of the Hon. George 
Partridge, Esq; February 2, 1781. 



Chapter 64. 

A GRANT OF SIX HUNDRED AND TWENTY-SIX POUNDS TWO 
SHILLINGS AND NINE PENCE, TO THE HONORABLE SAMUEL 
HOLTON, ESQ; FOR HIS SERVICES AT CONGRESS. 

Resolved, That there be paid out of the treasury of 
this Commonwealth to the Honoral)le Samuel Holton, 
Esq ; the sum of six hundred and twenty-six pounds two 
shillings and nine pence in bills of the new emission, 
which sum to him is in full of the ballance due for ser- 
vices done and expences incurred as a Delegate for 
this State at Congress, from May 25, 1778, to August 
23,1780. " February 2,1781. 



Chap). 64 



254 1780. — January Session. 

Chapter 65. 

Chan 65 resolve directing the several agents and commit- 

^ * tees of correspondence who have the care of 

absentees estates, not to lease any of said estates 

TILL further orders. 

Whereas a number of estates lately helonging to jyersons 
commonly called absentees, have been legally confiscated to 
the use of this Commonwealth, and the trials of others 
are now pending in several courts within the same, ivhich 
estates either noiv are, or soon may be to be sold: And 
whereas the leasing of such estates at this time in manner 
as directed by a 7'esolve of the General Court of the 19^7^ 
of February, 1779, may operate to the disadvantage of 
the puhlic by incumbering the sale of such estate: Be 
it therefore, 

Resolved, That the several agents and committees of 
correspondence, who have the care of any of said 
estates, be, and they hereby are ordered and directed 
not to proceed any further in advertising or leasing any 
of said estates for the ensuing year, until the further 
order of the General Court. February 2, 1781. 



Chapter 66. 

Chav- 66 resolve directing capt. ezra lunt, sub-cloathier in 

^ ' THE continental ARMY, TO MAKE A RETURN INTO THE 

SECRETARY'S OFFICE, OF ALL THE STORES AND CLOATHING 
HE HAS RECEIVED, AND TO OFFICIATE IN HIS OFFICE, HIS 
NOT GIVING BONDS NOTWITHSTANDING. 

Resolved, That Capt. Ezra Lunt, sub-cloathier in the 
continental army and commissary for issuing small stores 
for this Commonwealth, l)e, and he hereby is directed 
without loss of time, to make return into the Secre- 
tar3''s office of this Commonwealth, a true account of 
all the stores and cloathing he has received, procured 
by this State, and of whom he received the same, and 
also from the Continent, also of the issues he has made 
and to whom, with proper vouchers for the same, and 
also what he has on hand. 

And it is further Resolved, That the said Ezra Lunt, 
continue to make return similar to what is required in 
the foregoing resolve, every three months during his 
continuing in office, and that he continue to officiate in 



1780. — January Session. 255 

said office till the further order of this Court, his not 
having given bonds agreeable to the orders of this 
Court notwithstanding. February 2^ 1781. 

Chapter 67. 

RESOLVE DIRECTING THE ATTENDANCE OF JOSEPH BAKER, QJiqj)^ QJ 
CHARLES MILLER AND JOSEPH RUGGLES, AT THE GENERAL ^ * 

COURT, TO GIVE INFORMATION RESPECTING PURCHASES. 

}V7te7'eas it is necessary that government should knoio 
the state of the purchases made hy Joseph Baker, Charles 
Miller and Joseph Buggies, therefore., 

Resolved, That Joseph Bal'er, Charles Miller and 
Joseph Rug f lies, be, and they are hereby directed, to 
give their immediate attendance at the General Court, 
to give such information respecting purchases by them 
made as may be thought necessary. 

And it is further Resolved, That the said Joseph 
Baker, Charles Miller and Joseph Ruggles be, and 
they are hereby respectively directed, to lay their 
accounts before this Court immediately for a settlement. 

And the Secretary is hereby directed to serve the said 
BaJcer, Miller and Ruggles with a copy of these resolves 
as soon as may be. February 3, 1781. 

Chapter 68. 

RESOLVE EMPOWERING EBENEZER WALES, ESQ; AND CAPT. njjfjjy (<g 
AMASA DAVIS, TO OCCUPY THE STORE LATELY IMPROVED ^""7^- ^° 
BY THE BOARD OF "WAR, IN KILBT-STREET, FOR THE PUB- 
LIC SERVICE. 

Resolved, That the store lately occupied by the Board 
of AVar, in liilby Street, Boston, be by the said Board of 
War delivered to Ehenezer Wales, Esq ; and Capt. Amasa 
Davis, the committee appointed to procure and send for- 
ward stores and cloathing for the army, to be occupied 
by them for the public service until the further order of 
the General Court. February 3, 1781. 



Chapter 69. 

RESOLVE ESTABLISHING THE PAY OF THE CLERKS IN THE 
SECRETARY'S OFFICE. 

On the 2)etition of AVilliam Harris, in behalf of him- 
self and the other clerks in the Secretary's office, foraying 



Clia]}. 69 



256 1780. — January Session. 

that they may he paid for their past services, and that 
some method may he adopted hoiv they shall he p)aid in 
future : 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, twelve sliillings per 
day, of the new emission, to each of the said clerks 
for as many days as is due to them respectively, from 
the time they were last paid to the 24th instant : And 
the Governor is requested to grant his warrant on the 
Treasurer for the sums that shall appear due to them to 
that time. February 5, 1781. 



Chapter 70. 

ChaD 70 RESOLVE directing the board of war to settle with 

^' COL. LEWIS MARSQUELLE. 

Whereas Monsieur Lewis De Maresquelle, has leave to 
go to Europe, after settling his accounts witli the Board 
of War and any others from whom he has received puh- 
lic stores : And ivhereas no hody of men look upon them- 
selves empowered to settle with him. 

Therefore it is Resolved, That the Board of AYar, be, 
and they are hereby empowered and directed to settle 
with the said Monsieur Leiois De Maresquelle. 

February 5, 1781. 



Chapter 71. 

Ohnrt 71 RESOLVE DIRECTING CAPT. GEORGE WILLIAMS AND JOXA- 

Kyliap. i 1 THAN PEAL, TO SETTLE THEIR ACCOUNTS OF LOSSES IN 

THE PENOBSCOT EXPEDITION, WITH THE BOARD OF WAR. 

The committee apjyointed to consider the ptetition of 
Capt. George Williams and Jonathan Peal, in hehalf 
of themselves and the other owners of the ships Hector 
and Black Prince, lost in the Penobscot expedition 
(praying they may he immediately paid for said skips 
Sc. for reasons set forth in said petition) have attended 
that service, and cfter didy considering the same, find it 
is not possihle for government in the present state of the 
treasury and the immediate demands on it for the sup- 
port of the army, to discharge said debts at this time. 

Therefore Resolved, That said petitioners be directed 
as soon as possible to settle the accounts of said losses 



1780. -^ January Session. 257 

%\'ith the Board of War, and ascertain the exact bal- 
lance due to them, and that the General Court will as 
soon as the state of the treasury will admit of it, make 
provision for the payment of the same. 

February 5, 1781. 



Chapter 73. 

RESOLVE ALLOWING PAY TO THE COMMITTEE APPOINTED FOR QJidj) 72 
METHODIZING PUBLIC ACCOUNTS AND GRANTING THEM ^ ' 

NiyiE SHILLIXGS PER DAY TILL FURTHER ORDER. 

On the petition of John Deming, Peter Boyer and 
Stephen Gorham, the committee for methodizing puhlic 
accounts, (f'c. praying for a suitable allowance for their 
past services, and such establishment in future as shall 
be adequate to their comfortable support, for reasons set 
forth in their said petition. 

Resolved, That there be allowed and paid to John 
Deming, Peter Boyer and Stephen Gorham (the com- 
mittee for methodizing public accounts) out of the pub- 
lic treasury of this Commonwealth, seven pounds to each 
of them in the new emission, which with what they 
have already received, is in full for their services to the 
first day of January, 1781. 

And it is further Resolved, That there be allowed and 
paid to the said John Deming, Peter Boyer and Step)Jien 
Gorham, nine shillings per day for each day they shall be 
employed in said service, from the first day of Janucm/, 
1781, until the further order of the General Court, in sil- 
ver or gold, or bills of credit equivalent thereto. 

February 5, 1781. 



Chapter 73. 

RESOLVE DIRECTING OLIVER PHELPS, ESQ; SUPERINTENDANT nj^r.^^ 7Q 
OF PURCHASES, TO RECEIVE PORK IN LIEU OF BEEF, IN ^"'^^r- ^ 
CERTAIN PROPORTIONS AND TO SEND FORWARD TO THE 
ARMY SUCH A PROPORTION OF LIVE CATTLE AS HE SHALL 
JUDGE PROPER. 

Wliereas by a resolve cf the General Court of the loth 
d^^y ^f January last, the Committee for sujjerintending 
jmrchases icere directed to receive, for the last requisition 
of beef, three pounds seven shillings and six pence in 



258 1780. — January Session. 

lieu of an hundred of beef, and in that proportion for a 
greater or less quantity, and where they receive grain in 
lieu of heef, they icere directed to alloiv as foUoics, viz. — 
liye 2^er bushel seven shillings, Indian corn five shillings, 
oats three shillings, and pease seven shillings ; but no pro- 
vision was made in said resolve for receiving pork in lieu 
of beef, nor any time limited for the sup)erintendent to 
receive the aforesaid su7n of money in lieu of an Jiiindred 
of beef: and whereas the circumstances of the army 
require an iimnediate supply of beef, porh and grain, 
in order therefore to encourage and excite the several 
towns in this Commonwealth to an itnmediate compli- 
ance with said resolve: 

It is therefore Resolved, That Oliver Phelps, Esq ; sup- 
erintendant of purchases be, and he hereby is directed, to 
receive of the several towns in this Commonwealth the 
aforesaid sum of money in lieu of an hundred of beef 
until the 20tli day of February instant, and no longer, 
and to receive one hundred pounds of pork well fatted, 
each swine weighing eight score and upwards, in lieu 
of one hundred and fifty pounds of beef, and in that 
proportion for a greater or less quantity, and to allow 
seven shillings and six pence per bushel for rye, five 
shillings and six 2^6nce for Indian corn, three shillings 
and four pence for oats, and seven shillings and eight 
p>ence per bushel for pease ; and any town that shall be 
deficient in whole or in part of the quantity of beef set 
upon such town, or the value thereof in money, pork 
or grain at the above rates, on the said 20th day of 
February, such delinquent town shall be held to deliver 
the quantity of beef they are so deficient, or the value 
thereof in pork or grain at the above rates, or a sum 
of money which in the opinion of the Superintendant 
will procure the quantity of beef any town shall l^e so 
deficient in. 

And it is further Resolved, that the said Superintend- 
ant is hereby directed to send forward to the army 
such a proportion of live cattle as he may judge neces- 
sary for the use of the army, any resolve of this Com- 
monwealth to the contrary notwithstanding. 

Fehriiary 5, 1781. 



1780. — January Session. 259 

Chapter 74. 

RESOLVE EMPOWERING EZRA LVNT, ESQ; TO COLLECT FROM ChttV. 74: 
THE SEVERAL REGIMENTAL CLOATHIERS, A RETURN OF ^ 

EVERY MAN IN EACH REGIMENT IN THE MASSACHUSETTS 
LINE OF THE ARMY, WHO MAY HAVE RECEIVED OF SAM- 
UEL RUGGLES, LATE STATE CLOATHIER, MORE THAN HIS 
ALLOWANCE OF CLOATHING, AND TO TRANSMIT THE BOOKS, 
&c, OF SAID RUGGLES, FOR SETTLEMENT. 

WTiereas it is necessary this State should knoiv the 
several soldiers names in the Massachusetts line of the 
army who may have received more than their alloivance 
of cloathing since the first day of January, 1780, in 
order that they may be charged ivitJi the same : 

It further Resolved, That Ezra Lunt, Esq ; the present 
Cloathier, be, and he is hereby impowered and directed, 
to collect from the several regimental cloathiers an exact 
return of every man in each regiment in the 31assachu- 
setts line of the army, who may have received of Samuel 
Ruggles, late State Cloathier, more than his said allow- 
ance, viz. of every shirt more than two, of every pair 
of hose or shoes more than two, and transmit the same 
to said Samuel Ruggles, in Boston, as soon as may be, 
together with the books, vouchers and papers said Rug- 
gles left in the hands of his assistant at camp, in order 
to enable said Ruggles to make a proper settlement of 
his accounts. February 5, 1781. 

Chapter 75. 

RESOLVE DIRECTING JOSEPH BAKER, PURCHASING COMMIS- flXf.^ nn 
SARY, TO RETAIN THE SALTED PROVISIONS PURCHASED ^"'"'P' '^ 
UNTIL FURTHER ORDER, AND TO LAY HIS ACCOUNTS 
BEFORE THE GENERAL COURT. 

It being rejyresented to this Court, that Joseph Baker, 
Esq ', purchasing commissary for this State, has purchased 
and salted a quantity of beef and pork designed for the 
public use, but that he has not, (as he says,) received the 
money to pay for the same. 

Resolved, That Joseph Baker, Esq ; purchasing com- 
missary for this State, be, and he is hereby directed to 
retain all the salted provisions purchased as aforesaid in 
his hands for the use of this State, until the further order 
of the General Court, and that he immediately attend and 
lay his accounts before the General Court for examina- 



260 1780. — January Session. 

tion ; that the ballance (if any due to him) may be im- 
mediately paid ; and the Secretary is hereby directed, 
immediately to serve the said Joseph Baker, Esq ; with 
a copy of the foregoing resolutions. 

February 6, 1781. 



Chapter 76. 



C/mj). 76 



Chap. 77 



RESOLVE IMPOWERING THE COMMITTEE ON ACCOUNTS TO 
EXAMINE AND ALLOW THE CERTIFICATES OF SOLDIERS, 
RAISED BY A RESOLVE OF THE 5th OF JUNE LAST FOR SIX 
MONTHS. 

Whereas hy a resolve of the General Court of the bth 
day o/" June last, to raise men for six months to reinforce 
the Continental army, there was a promise to each man 
that would furnish himself with a blanket, gun and accou- 
trements, or any of them, should he paid for a hlanhet 
fifteen pounds, for a gun, &c. five pounds, j^roy^(iec? they 
produced certificates as is provided by said resolve: And 
u-'hereas it is not provided by said resolve who should 
examine said certificates and alloiv the same: Therefore 
it is, 

Resolved, That the connnittee on accounts be, and they 
are hereby impowered and directed to examine and allow 
said sums, provided the said men produce proper vouchers 
that they have furnished themselves agreeable to the 
aforesaid resolve. February 6, 1781. 



Chapter 77. 

RESOLVE REQUESTING HIS EXCELLENCY TO PERMIT THE 
COMMANDER OF THE SHIP ALLIANCE TO TAKE TWENTY 
MEN FROM THE CASTLE. 

It being of the highest importance to the United States, 
that the Continental Frigate, Alliance, put to sea as 
speedily as possible. 

Therefore Resolved, That his Excellency the Governor, 
be requested to permit John Barre, Esq ; Commander of 
the aforesaid frigate, to take on board the same, a number 
of men l)elongino- to the o'arrison on Castle Island, in the 
harbour oi Boston, in the pay of this Commonwealth, not 
exceeding twenty who may be inclined to go on her 
intended cruize. February 6, 1781. 



1780. — January Session. 261 

Chapter 78. 

RESOLVE IMPOWERING THE COMMITTEE OR AGENTS APPOINTED (JJ^nj. TQ 
TO COLLECT BEEF IN THE SEVERAL TOWNS, TO ADVANCE ^ Z'* *-' 
THE MONEY IN LIEU OF BEEF, THOUGH THE SAID MONEY 
WAS NOT DELIVERED AT THE TIME PRESENTED. 

Whereas it appears to this Court, that some towns in 
this State, had collected their money in lieu of beef upon 
the firi^t requisition, and sent it to the committee or a(/ents 
on or before the twentieth day of December last, hut not 
having an opportunity to deliver said money till after the 
said day for receiving the same ivas past, since which 
said committee or agents have doubted their right to receive 
the same. 

Therefore Resolved, That where sufficient evidence 
shall be made to appear to said committee or agents, that 
any town in this State had so procured and sent forward 
their money as aforesaid, that said committees or agents 
be, and they hereby are directed to receive the same at 
tJtree pounds of the new emission per hundred weight, 
any resolve to the contrary notwithstanding. 

February 8, 1781. 



Chap. 79 



Chapter 79. 

RESOLVE ON THE PETITION OF SAMUEL BATCHELDOR. 

On the petition of Samuel Batchelder, praying for 
liberty to export six masts from Newbury-Port to tJie 
island of Martinico, in West Indies, 

Resolved, That the prayer of the petition be granted, 
and that the Naval Officer of the port of Neivhury-Port, 
be, and hereby is directed to clear out said six masts, 
any law or resolve to the contrary notwithstanding. 

February 6, 1781. 

Chapter 80. 

RESOLVE RELATIVE TO CONFERENCES OF BOTH HOUSES. ChaV 80 

Voted, That when a conference of the Senate and 
House of Representatives shall take place, in whichsoever 
house the .same shall be held, a decent chair shall be 
placed for the president of the Senate, near the body of 
the Senators, and a like chair for the Speaker of the 
House of Representatives, near the body of the Represen- 



262 1780. — January Session. 

tatives, and that when the Senators speak in conferrence, 
they ought to address the Speaker and the gentlemen of 
the Honorable House of Representatives, and when the 
Representatives speak, they ought to address the Presi- 
dent and the Honorable Senate ; and when the two 
Houses are thus met, a motion may be made by any 
member of either House for ending the conference, and 
being seconded by another member of the same House, 
the question shall be put, if no objection be made to it, 
and if in the affirmative, the conference shall then cease. 

February 6, 1781. 

Chapter 81. 

ChaV 81 RESOLVE ON THE PETITION OF ANTHONY VASSAL, AND 
■^' GRANTING HIM TWELVE POUNDS ANNUALLY OUT OF THE 

ESTATE OF JOHN VASSAL, ESQ; LATE OF CAMBRIDGE, AN 
ABSENTEE. 

On the petition of Anthony Vassal, 

Resolved, That the prayer thereof be so far granted 
that the committee for the sale of confiscated estates in 
the county oi Middlesex be, and are hereby directed, to 
pay out of the proceeds of the estate of John Vasscd, 
Esq ; late of Cambridge, m the county aforesaid, absentee, 
the sum of twelve pounds in specie, or a sum in bills of 
credit equivalent, to the said Anthony, taking duplicate 
receipts therefor, one of which to be lodged in the Secre- 
tary's ofiice. 

And it is further Resolved, That there be allowed and 
paid out of the public treasury unto the said Anthony, 
the like sum of twelve pounds annually for the above pur- 
pose until the further order of this Court. 

February 6, 1781. 

Chapter 83. 
Chart 82 Resolve on the petition of thomas fitt, of the island 

-^* OF BERMUDA, GIVING HIM LIBERTY TO PROCEED TO NOVA- 

SCOTIA, UNDER CERTAIN RESTRICTIONS. 

On the petition of Thomas Fitt of the island of Ber- 
muda, merchant. 

Resolved, That the said Thomas be, and hereby is per- 
mitted to proceed in his schooner called the Ranger, of 
about forty-five tons, from hence to the province of Nova- 



1780. — January Session. 263 

Scotia, for the purpose of settling his aflfairs there and 
transporting such property as he may be possessed of in 
that province, or the eiFects thereof into this Common- 
wealth, provided that previous to his departure, he give 
bond to the Treasurer of this Commonwealth with two 
sufficient sureties in the sum of one thousand jjounds hard 
money, that he will not carry out of this Commonwealth 
any thing in said schooner except ballast and stores 
necessary for such a voyage, and that he will return with 
said schooner and effects within the space of four months 
into this Commonwealth, dangers of the sea and other 
inevitable casualties excepted, and that he will not bring 
or suffer to be brought in said schooner, any goods, 
wares, merchandize or effects, except such as are really 
and truly his own property. 

And it is further Resolved, That the several command- 
ers of armed vessels belonging to this Commonwealth, 
be, and hereby are directed ; and also that the several 
commanders of such vessels belonging to the United 
States or either of them, be requested not to molest the 
said Thomas during his voyage aforesaid. 

February 7, 1781. 



Chapter 83. 

RESOLVE ON THE PETITION OF NATHANIEL ELY ANT) OTHERS, nhri'n 8^ 
INDEMNIFYING THEM AGAINST ALL CLAIMS OF SAMUEL ^"'^1'' ^*^ 
COLTON. 

On the Petition of Nathaniel Ely and others, against 
Samuel Colton. 

Resolved, That the pra^^er of the petition be granted, 
and that the said Nathaniel Ely, and all others concerned 
in taking the rum, salt, &c. mentioned in said petition 
from said Colton in July, 1776, be indemnified therefor 
against said Oolton, and all persons claiming said rum, 
salt, &c. under said Colton, it appearing that said rum, 
&c. was taken fi-om said Colton at a time when the law 
of the land was suspended, and the courts of justice shut 
up in the county of Hampshire; and it also further 
appearing that said Nathaniel Ely and others have paid 
said Colton a reasonable reward for said rum and salt, 
and that the petitioners have leave to bring in a bill for 
the purpose abovementioned. February 7, 1781. 



264 1780. — January Session. 



Chap. 84 



Cliapter 84. 

GRANT OF TEN THOUSAND POUNDS TO THE COMMITTEE 
APPOINTED TO CONCUR AND PAY ACCOUNTS. 

WJiereas the committee on accounts have represented that 
the live thousand pounds of the new emission, granted No- 
vember 20, 1780, is expended, and as it is necessary that a 
further su7n he appropriated for that purpose, therefore, 

Resolved, That there be paid out of the public treasury 
of this Commonwealth the sum of ten thousand pounds of 
the new emission, to the committee appointed by the 
Honorable Senate for concurring and passing on accounts, 
and for the payment thereof, the said committee to be 
accountable for the expenditure of the same. 

February 7, 1781. 

Chapter 85. 
Chan 85 resolve for apprehending Joseph welsh, of Cambridge, 

^ ' and DIRECTING THE COMMISSARY OF PRISONERS TO SEND 

HIM IN THE FIRST CARTEL TO THE ENEMY. 

^Vllereas Joseph Welsh, of Cambridge, hy a resolve of 
the loth of September last, was permitted to depart this 
State, loith his family, in the first cartel bound to New- 
York, in consequence of ivhich said Welsh is to he con- 
sidered as a sidjject of the King of Great-Britain, and a 
prisoner 2vithi?i this State: And tchereas it may be danger- 
ous to permit said Welsh to go at large within said State: 
It is therefore, 

Resolved, That the Sherift' of the county of Middlesex 
be, and he hereby is directed and empowered, to appre- 
hend the said Joseph Welsh, and him to commit unto the 
common gaol within said county, there to remain until he 
shall depart this State agreeable to the resolve aforesaid. 
And the keeper of the said gaol is hereby directed to 
deprive the said Welsh of the use of paper, pen and ink, 
and shall not permit any one to converse with him but in 
his presence, nor suffer any writing to be committed to 
him but by the express order of the selectmen of Cam- 
bridge. 

And it is further Resolved, That the commissary of 
prisoners be and he hereby is directed, to send said Welsh 
and family from this State in the first cartel that may sail 
for any port in possession of the King of Great-Britain, 

February 8, 1781. 



1780. — January Session. 265 



Chapter 86. 

RESOLVE DIRECTING EZRA LVXT, CLOTHIER TO THE MASSA- nhnjj QQ 
CHUSETTS LINE OF THE ARMY, TO AFFIX PRICES TO THE ^ ' 

CLOATHING HE SHALL DELIVER. 

Whe7'eas hy a resolve of the Oontineiital Congress of 
March 13, 1779, each State Clothier is directed to deliver 
to the Clothie^'- General, all such cloathirKj found hy each 
State, and to be charged to the Continent with their quality 
and price. 

Therefore Resolved, That Capt. Ezra Lunt, clothier 
for this State, be, and he hereby is directed, to affix 
such a price to each blanket, shirt, pair of shoes arid 
pair of hose, as on an average will amount to thirsty 
shillings for each blanket, tioelve shillings and nine pence 
for each shirt, tivelve shillings for each pair of shoes, and 
eight shillings for each pair of hose in hard money, takino- 
care to distinguish those of a better quality with a price 
accordingly ; and the Secretary is hereby directed to 
serve Capt. Ezra Lunt, with a copy of the foregoing 
resolution. February 9, 1781. 



Chapter 87. 

RESOLVE EMPOWERING M^iJATi/VCOLV, GUARDIAN TO JLPi?£- QJiaT). 87 
US MOORE, TO SELL THE LAND MENTIONED IN SAID PETI- ^ * 

TION. 

On the petition of Mark Lincoln, guardian to Alpheus 
Moore, a minor, praying for liberty to sell land lying in 
the town of Paxton. 

Resolved, That the above named Marh Lincoln, be, and 
he hereby is fully empowered to sell the said piece of land 
and meadow mentioned in the aforesaid petition, for the 
most the same will fetch, and make and execute a good 
deed or deeds of the same, he to be accountaljle to the 
judge of probate for the county of Worce^^ter, for the neat 
proceeds arising by the sale of said land and meadow, 
and for the application thereof to the use of the aforesaid 
minor. February 9, 1781. ■ 



260 1780. — January Session. 

Chapter 88. 

Chai). 88 RESOLVE REFERRING THE PAY OF CERTAIN OFFICERS MEN- 
^ ' TIONED IN A LETTER FROM THE PRESIDENT OF CONGRESS, 

DATED THE 18th OF JANUARY, AND THE RESOLVE OF CON- 
GRESS OF JANUARY 12th LAST TO THE COMMITTEE IN SET- 
TLING WITH THE ARMY. 

The committee appointed to consider the letter from 
the President of Congress of January 18th last, and the 
resolve of Congress of January 12th, relative to the pay 
of certain officers therein mentioned, reported, that they 
be referred to the committee for settling with the army, 
and that they be directed to conform themselves thereto 
in settling with such officers. February 9, 1781. 

Chapter 89. 

ChaV 89 RESOLVE for detaining THE NEW LEVIES RAISED IN THE 
^' COUNTIES OF YORK, CUMBERLAND AND LINCOLN, FOR THE 

DEFENCE OF THE EASTERN PARTS OF THIS COMMONWEALTH, 
AND ESTABLISHING A NAVAL FORCE. 

WJiereas the defence of the Eastern parts of this Gom- 
nionweaUh, against the unjust eucroachments and depre- 
dations of the enemy, is an object that demands the 
immediate attention of government : And whereas the 
time for which the troops late commanded by Brigadier- 
General Wadsworth were raised, is noiv elapsed, and the 
country by that means exposed not only to the ravages of 
the enemy, but also to the more rap)acious cruelties of 
refugee Tories from various jyarts, under their injluence 
and direction: Therefore, 

Resolved, That all the troops raised or to be raised, 
in the counties of York, Cumberland and Lincoln, pur- 
suant to a resolution of this Commonwealth of the 2d 
day of December last, be, and they are hereby detained 
in said counties until the further pleasure of Congress 
and his Excellency General Washington, respecting their 
future destination be known, but subject in the mean 
time to the orders and disposition of the Honorable 
Major-General Lincoln within said counties, or either 
of them. 

And whereas a small naval establishment within this 
Commonwealth the ensuing season is essentially necessary 
for the security of our coasts and the protection of our 
trade : 



1780. — January Session. 267 

Therefore Resolved, That two armed sloops, each of 
which to mount twelve 4-pounders, be immediately pro- 
cured, manned and equipped for sea, to be emploj^ed for 
the protection of the sea-coast of this Commonwealth, 
until the first day of December next, unless sooner dis- 
charged, but subject however to such special orders as 
the respective Commanders may from time to time receive 
from the Governor of this Commonwealth. 

And it is further Besolved, That the said sloops, during 
their continuance in service as aforesaid, be on the estab- 
lishment made, or that may hereafter be made, for armed 
vessels in the service of said Commonwealth. 

And it is further Remlved, That one row-galley be also 
procured and equipped, to be under the direction of the 
commanding officer in said counties for the time being, 
and manned by the troops as occasion may require. 

And it is further Resolved, That two boat-builders be 
appointed to repair the whale-boats now in the counties 
of Oumberland and Lincoln, and to •perform such other 
business as the commanding officer shall direct, to be 
furnished by the Commissary-General of said Common- 
wealth with tools and other articles necessary in that 
department from time to time ; that they continue in 
said service until the first day of December next, unless 
sooner discharged, and that they be aWov^ed. four pounds 
each per month, for each calendar month that they may 
be in service. 

And it is further Resolved, That the Surgeons who 
attended the troops, and furnished them with their 
own private medicine, at Falmouth and Thomaston, 
during the last season, be directed to lay their accounts 
before the General Court for examination, allowance and 
pa^anent. 

And whereas the necessity of an early supj^ly of pro- 
visions, ammunition and other articles, in order to give 
energy and effect to our military operations in tltose parts ^ 
is apparently great and indispensable : Therefore, 

Resolved, That the Continental Commissary of Issues, 
now in Boston, be requested immediately to procure two 
hundred barrels of flour, and one hundred barrels of 
pork ; and in case the said Commissary shall be unable 
to procure the whole or any part of said provisions, the 
Commissary-General of this Commonwealth be, and he is 
hereby directed, to procure said flour and pork, or so 



268 1780. — January Session. 

much thereof as to make up the aforesaid quantity, and 
that the same be charged to the United States. 

And it is further Resolved, That the Continental Com- 
missary of warlike stores be requested immediately to 
prepare for transportation two thousand pounds of powder 
and three thousand flints. 

And lohereas it appears that the said Commissary of 
ivarlike stores in unable to sup)phj many articles ivitJiin his 
department loJiidi vjill be hmnediately wanted, in the coun- 
ties aforesaid. 

Therefore Resolved, That the Commissary-General of 
this Commonwealth, l)e, and he is hereby directed, imme- 
diately to procure and lit for transportation, the following 
articles ; and that the same be charged to the United 
States, viz. — Four hundred fire-arms with an equal num- 
ber of bayonets, four thousand pounds of lead, four hun- 
dred cartridge boxes, two hundred hatchets, four hundred 
knapsacks, ten reams of cartridge-paper, ten pounds of 
brown thread suitable for making cartridges, five bullet 
moulds of different sizes fitted for running ball from 
sixteen to twenty-four in the pound, and one ladle to 
each mould, and one set of armourers tools ; and in case 
the said commissaries shoukl be unal)le to procure the 
flour and pork aforesaid, for want of money to purchase 
the same, then Oliver PJielps, Esq ; Superintendant of 
purchases for this Common w^ealth, is hereby directed to 
furnish the Commissary-General thereof with said pork 
and Hour, or a sufficient sum of money to purchase the 
same, out of the money which he has or may receive 
in lieu of beef. 

And it is further Resolved, That all the articles afore- 
said, which the several commissaries aforesaid are directed 
to procure, be delivered to such person or persons as the 
Governor may appoint, to receive and convey the same 
to Falmouth, in the county of Cumberland, there to l^e 
under the direction of the commanding officer, and by 
him secured in some safe place in said county, for the use 
of the troops, as occasion may require. 

Resolved, That the Governor be, and he is hereby 
desired, immediately to write to his Excellency General 
Washington, representing the critical and distressing- 
situation of the three eastern counties in said Common- 
wealth, but more especially the county of Lincoln; the 
importance of said counties to this and the United States 



1780. — January Session. 269 

of America, as well as to the enemy, who now consider 
said counties as one principal object of their attention ; 
the necessity of retaining within the same, the trooi)S 
raised or to be raised in said counties on the continental 
establishment, pursuant to a resolve of the General Court 
of tlie second day of Df^cehiher last, amounting to four 
hundred and seventy-three in the whole, and therefore 
(in behalf of this Commonwealth) to request his Excel- 
lency the General to order that said troops may be 
appointed to the immediate defence of said counties, and 
that they remain within the same during the present 
unfavorable appearances there, and that his Excellency 
General Washington Avill be pleased to order how said 
troops shall be officered and arranged. 

And it is further Resolved, That the Agent for this 
Commonwealth be, and he is hereb}^ appointed to pro- 
cure and equip said armed vessels as aforesaid. 

February 9, 1781. 



Chapter 90. 

RESOLVE VESTING THE GOVERNOR. LIEUTENANT GOVERNOR 
WITH THE ADVICE OF COUNCIL, WITH THE SAME POWER 
DESCRIBED BY AN ACT FOR TAKING AND RESTRAINING 
PERSONS DANGEROUS TO THIS STATE. 

Whereas the safety of this OommonweaJth require.^ that 
the Governor, or in his ahsence hy reason of sickness or 
otlieru'ise, the Lieutenant-Governor and Conncil shoidd 
he vested with the same authority and 2>ower to restrain 
and imprison persons inimical to this and the United 
States, as the late Council of the late State of Massa- 
chusetts-Bay had by an act made and passed in the year 
of our Lord, one thousand seven hundred and seventy- 
seven, entitled, '•'•an act for taking up and rf^straining 
persons dangerous to this State," vhich act >ras revived 
June twenty-second day, one thousand seven hundred and 
eighty, and continued to June tJie tenth day, one thousand 
seven hundred and eighty-one: therefore, 

Resolved, That the Governor, or in his absence by 
reason of sickness or otherwise the Lieutenant-Governor, 
with the advice of Council, be and hereby is authorized 
and empowered to apprehend and imprison any person 
described in the aforesaid act in the same way and man- 
ner the late Council were empowered to do b}- said act, 
until the further order of the General Court, while said 
act continues to be in force. February 10, 1781. 



Chap. 90 



270 1780. — January Session. 



Chapter 91. 

ChaV. 91 RESOLVE REQUIRING THE ATTENDANCE OF SETH CATLIX, 
^' JOHN WILLIAMS AND JONATHAN ASHLEY, ALL OF DEER- 

FIELD, IN THE COUNTY OF HAMPSHIRE, TO ATTEND THE 
GENERAL COURT TO ANSWER CERTAIN QUESTIONS. 

Wliei'eas the instructions given to the Representative of 
the town of Deerfield, are exjjressed in such manner as 
renders it doubtful what the intention of the inhabitants of 
said town of Deerfield is relative to the subject matter 
of said instructions. 

Therefore Resolved, That Seth Catlin, Gentleman, 
John Williams, Gentleman, and Jonathan Ashly, Esq ; 
all of Deerfield, in the county of Hampshire, be, and 
they are hereby ordered forthwith to attend the General 
Court, . to make answer to such questions as shall be 
put to them, relative to their views and designs in said 
instructions. February 10, 1781. 



Chapter 93. 

ChaV' 92 RESOLVE directing the commissary-general to DELIVER 

"' ENOCH GREENLEAF CERTAIN ARTICLES IN THE MAGAZINE 

AT SUDBURY, TO BE DISPOSED OF AT PRIVATE SALE, AS 

ALSO TO TRANSPORT TO BOSTON A QUANTITY OF MARLINE. 

Whereas it appears by a return from the Board of War, 
that there are in the magazine at Sudbury sundry stores 
belonging to this Commomvealth lohich are not likely to be 
wanted for the public service, it is therefore 

Resolved, That the Commissary General be, and he 
hereby is directed, to deliver to Mr. Enoch Greenleaf, 
of Weston, the following articles, which are now in said 
magazine, viz. One ton and an half of steel, two anvils, 
one cask of files, and twenty-four casks of nails ; and said 
Greenleaf \% hereby directed without loss of time to adver- 
tise the said articles for sale in the |Dublic news-papers, 
and to dispose of the same for money at private sale for 
the most they will fetch, and without any unnecessary 
delay ; he to be accountable to this Court for the proceeds 
of said sales, and for the monies he shall receive in con- 
sequence thereof, for which services he shall receive such 
compensation as the General Court shall allow. 

And as there is a quantity of marline in said magazine, 
the Commissary-General is directed to transport the same 



1780. — January Session. 271 

to Boston, and sell the same at public auction, and the 
monies arising from said sale to be accounted for agreeable 
to the order of the General Court. February 10, 1781. 

Chapter 93. 

RESOLVE FOR BRINGING SUNDRY PERSONS GUILTY OF TREA- (JJiaj). 93 
SONABLE PRACTICES, TENDING TO SUBVERT THE CONSTITU- ^' 

TION OF THIS COMMONWEALTH, IN THE COUNTIES OF 
BERKSHIRE, HAMPSHIRE AND WORCESTER, AND A COM- 
MITTEE APPOINTED TO PROCURE EVIDENCE AGAINST SAID 
PERSONS. 

Whereas if has been represented to this Court, that 
sundry persons in the counties of Hampshire and Berk- 
shire, enemies to the liberties of the United States of 
America, are endeavouring by treasonable j^'^'ctctices to 
subvert the constitution of this Commonwealth and poison 
the minds of the good people of this State. 

Resolved (In order to bring such persons to justice) 
That Major HezeMah Smith, do immediately repair to 
the county oi Hampshire, and Capt. Enos Parker to the 
county of Berkshire, and Capt. William Putnam for 
the county of Worcester, and procure all the evidence 
they can obtain of such treasonable practices, which evi- 
dences shall be conceived in writing, and sworn to before 
some justice of the peace, or before the town clerk, who 
is hereby impowered to administer such oath, which evi- 
dences are to be sealed up and sent without loss of time 
to the Governor and Council. 

And it is further Resolved, that the justices of the peace 
and town clerks in the several towns in said counties be, 
and they are hereby authorized and directed, to summon 
such persons to appear before them and give evidence of 
anj^ inimical or treasonable practices, as either of the 
above-named persons shall request. February 10, 1781. 



Chapter 94. 

RESOLVE ON THE PETITION OF A NUMBER OF INHABITANTS QJiqj) 94 
OF THE TOWN OF HOPKINTON — TO SHEW CAUSE, &c. -^ ' ' 

On the petition of a number of the inhabitants of the 
town of Hopkinton, praying that they may be set off from 
the toum of Hopkinton, and annexed to the town of Hol- 
liston,ybr reasons set forth in said petition: 



272 1780. — January Session. 

Ordered, That the petitioners notify the town of Hoj^- 
kinton, by serving the Town-Clerk with a copy of their 
petition and this order, twelve days before the next 
sitting of the General Court, that they may shew cause 
(if any they have) on the second Wednesday of the next 
sitting of the General Court, why the prayer thereof 
should not be granted. February 10, 1781. 



Cliapte;r 95. 

Chan 95 RESOLVE DIRECTING THE SUPERINTENDENT OF PURCHASES 
KjlLUp. VO j^ ^^jg COMMONWEALTH, TO DELIVER ALL SUCH ARTICLES 
OF PROVISION FOR THE ARMY AS ARE POINTED OUT BY 
THE RESOLVES OF CONGRESS, AND TO DELIVER A NUMBER 
OF LIVE CATTLE WEEKLY, FOR THE SUBSISTENCE OF THE 
ARMY. 

Resolved, That the superintendent of purchases in this 
Commonwealth be, and he is hereby directed, to deliver, 
or order to be delivered, all such articles of provision for 
the army as are or may be under his particular direction, 
in sucli w^ay and manner as is or may be pointed out by 
the resolves of Congress, and that the said superintendent 
deliver in the same manner, so many live cattle weekly as 
may be necessary for the subsistence of the army, any 
resolve of the General Court to the contrary notwith- 
standing. February 10, 1781. 



Chapter 96. 

dmrn Qfi RESOLVE DIRECTING THE TREASURER TO DELIVER ELIZABETH 
KjILWJJ' 0\J QjjjinY^ THE DEPRECIATION NOTES OF ROBERT CURRY, 
HUSBAND TO THE SAID ELIZABETH. 

Whereas the Treasurer of this State is in doubt ivhetlier 
lie is thoroughly authorized ivithoid the order of the Gen- 
eral Court, to deliver the depreciation notes of Robert 
Curry a soldier in Col. Shepherd's regiment, to the order 
of his Wife, he himself being at present in captivity. 

Therefore Resolved, That the Treasurer be, and he is 
hereby directed to deliver said depreciation notes to 
Elizabeth Curry, wife to the said Robert or her order. 

February 10, 1781. 



1780. — January Session. 273 

Chapter 97. 

RESOLVE DIRECTING THE NAVAL OFFICER FOR THE PORT OF (JJicnj^ 97 
BOSTON TO SEARCH THE VESSELS OF THOMAS FII T AND ^ * 

JOHN M'GRAY, WHO WERE LATELY PERMITTED TO GO TO 
XOVA- SCOTIA. 

Whereas by a resolve passed the General Court their 
jiresent sessions, Thomas Fitt ivas permitted to proceed to 
Nova-Scotia, in a vessel of about forty-Jive tons burthen, 
with ballast and stores sufficient for his passage ; and also 
a permit for John M'Gray, to carry certain articles to 
Nova-Scotia ; and it being represented to this Court, that 
the said Fitt and M'Gray have tal:en more goods on board 
their vessel or vessels than ivere permitted as aforesaid. 

Therefore Resolved, That Nathaniel Barber, Esq ; 
naval officer for the port of Boston, be, and he hereby is 
directed to search said vessel or vessels, and in case he 
shall find more goods than were pe?;mitted, he is hereby 
directed to take said vessels cargoes and stores into his 
possession, and make report to this Court ; and the Sher- 
ift', and all other civil officers in the county of Suffolk, 
are hereby directed to aid the said Naval Officer in the 
execution of this resolve, provided he finds it necessary. 

February 12, 1781. 

Chapter 98. 

RESOLVE DIRECTING EBENEZER WALES, ESQ; AND CAPT. (Jhnri 98 
AMASA DAVIS, A COMMITTEE OF SUPPLIES, TO PROCURE A ^ ' 

NUMBER OF BLANKETS AND FORWARD THEM TO SPRING- 
FIELD, FOR THE NEW LEVIES. 

Whereas by a resolve of the General Court of Decem- 
l)er 2, 1780, every soldier that enlisted into the Continental 
army for three years or during the -war, ivas to be fur- 
nished ivith a blanket, and as the number of blankets ap- 
portioned upon the severals counties of Worcester, Hamp- 
shire, and Berkshire, by a resolve of April last, is not 
equal to the number of men aj^portioned upon said counties. 

Resolved, That Ebenezer Wales, Esq ; and Capt. Am- 
asa Davis, committee of supplies, be, and they are hereby 
directed, to procure a number of blankets not exceeding 
one hundred and forty-eight, and forward them to Col. 
Shepherd at Springfield, the officer appointed to receive 
the men, who is to receipt for the same, and is requested 
to furnish those soldiers with blankets, who cannot be 



274 1780. — January Session. 

furnished by the Superintendent of said counties, taking 
their receipts for the same : 

And whereas the recruits from the countij of Berkshire, 
do rendezvous at Great Barrington. 

Be it further i?esoZvecZ, That Col. Shepherdhe requested 
to forward a number of the aforesaid blankets, not ex- 
ceeding sixty, to the officer appointed by him to receive 
these recruits, he taking a receipt from every soldier who 
is furnished with a blanket. February 12, 1781. 

Chapter 99. 

CJiaj). 99 RESOLVE EMPOWERING THE COMMITTEE APPOINTED TO PRO- 
^' CURE EVIDENCE IN THE COUNTIES OF BERKSHIRE, HAMP- 

SHIRE AND WORCESTER, AGAINST CERTAIN INIMICAL 
PERSONS, TO ADMINISTER THE NECESSARY OATHS IN THE 
EXECUTION OF THEIR BUSINESS. 

Resolved, That thqre l)e paid out of the public treas- 
ury of this Commonwealth, to Capt. William Putnam, 
Major Hezekiah Smith, and Capt. Enos Parker (a com- 
mittee appointed to go to the counties of Worcester, 
Hampshire and Berkshire, to procure evidence against 
inimical persons) the sum of twenty-five pounds each, in 
the new emission, to enable them to execute the business 
assigned them, they to be accountable for the sums they 
respectively receive. 

It is further Resolved, That the said committee respec- 
tively be, and they are hereby authorized and directed, to 
administer such oaths as may be necessary in the execu- 
tion of the business assigned them by the aforesaid Re- 
solve, where no Justice of the Peace can be had with 
convenience. February 12, 1781. 



Chapter 100. 

Chon 100 RESOLVE on the petition of JOSIAH brown and OTHERS, 
■^ RESPECTING ASA ROBERTS'S ESTATE. 

On the petition of Josiah Brown and others: 
Resolved, That the prayer of the petition be granted, 
and that the Honorable Judge of Probate for the county 
of Worcester be directed and empowered, to proceed with 
the said Asa Roberts's estate by appointing some suitable 
person to administer on and settle said estate in the same 
manner as though the said Asa Roberts had died at home, 
any law or custom to the contrary notwithstanding. 

February 12, 1781. 



1780. — Januaky Session. 275 

Chapter 101. 

RESOLVE REQUIRING OF THE DISTRICT OF CARLISLE, IN THE (Jhnrr> 101 
COUNTY OF MIDDLESEX, A CERTAIN PROPORTION OF MEN ^' 

SET TO THE TOWNS OF CONCORD, CHELMSFORD, BILLERICA 
AND ACTON, BY A RESOLVE OF THE 2d DECEMBER LAST. 

Whereas hy a resolve of this Court of the 2d of Decem- 
ber last, for recruiting tlie Continental army, the towns of 
Concord, Chelmsford, Billerica and Acton, 7vere called 
upon for their full proportion of men, as though the dis- 
trict of Carlisle had not been taken off from said towns, 
and 7ione required of said district, whereby injustice may 
take place; for the prevention of vjhich, it is 

Resolved, That there be deducted out of the number 
of men set in the schedule an'nexed to the resolve afore- 
said, from the towns afore-named, viz. From Concord 
three, Chelmsford one, Billerica one, and A.cton one ; 
and that there l)e, and hereby is required of the district 
of Carlisle, to raise six men towards recruiting the Con- 
tinental army, agreeable to the resolve before mentioned, 
and on said district's failure of raising the said six men 
in conformity to said resolve, that then said district to 
be subject to all the lines and penalties mentioned in the 
said resolve, or any subsequent resolve relative thereto. 

February 12, 1781. 



Chap.102 



Chapter 103. 

RESOLVE DIRECTING THE COMMISSARY-GENERAL TO DELIVER 
EBENEZER WALES, ESQ; AND CAPT. AMASA DAVIS, A QUAN- 
TITY OF BLOCK-TIN, FOR THE PURPOSE OF MAKING BUTTONS 
FOR THE SOLDIERS CLOATHS. 

Resolved, That the Commissary-General be, and he 
hereby is directed, to deliver to Ebenezer Wales, Esq ; and 
Capt. Amasa Davis, a quantity of block-tin, for the pur- 
pose of making buttons for the soldiers cloaths which they 
have been directed to procure, and take their receipt for 
the same, they to be accountable for the said block-tin. 

February 13, 1781. 

Chapter 103. 

RESOLVE ALLOWING PAY TO BARNABAS FREEMAN AND JOHN CJiar) 103 
BRIDGHAM, FOR THEIR TRAVEL AND ATTENDANCE AT THE ^' 

GENERAL COURT. 

On the petition of Barnabas Freeman and John Bridg- 
ham, praying for pay Qnent for attendance at the General 



276 1780. — January Session. 

Court, and travel, in the sessions of April and Sep- 
tember last : 

Be it Resolved, That the Treasurer be, and hereby is 
directed, to pay Barnabas Freeman, of Eastliam, for 
eight days attendance, and one hundred miles travel, and 
to John Bridgham, of Plympton, for twenty-three days 
attendance, and fifty miles travel, the same as other 
members were paid at the sessions afore-mentioned, and 
that the Treasurer be directed to charge the several towns 
which they represented, with the sums he shall pay the said 
members, any resolve to the contrary notwithstanding. 

February 13, 1781. 

Chapter 104. 

Chap.104: RESOLVE REQUIRING NATHAX JOXES TO LAY BEFORE THE 
^' GENERAL COURT AN ATTESTE'.D COPY OF THE RECORDS OF 

THE DIVISIONS OF CERTAIN LANDS LYING IN THE COUNTY 
OF BERKSHIRE, TOGETHER WITH A PLAN OF SAID LANDS. 

Whereas it api^ears to this Court that a certain grant 
of lands hath formerly been made by the General Court 
of the then province of Massachusetts-Bay, lying in the 
county of Berkshire, at a j-j/ace called Number One or 
East-Hoosuck, jointly to Nathan Jones, Elisha Jones, 
and John Murray : And whereas the said Nathan Jones 
hath informed this Court that there hath been a division 
made of said lands by and between said Nathan, Elisha 
and John, grantees to said Province, and that he the 
said Nathan is now possessed of the papers and records 
of said divisions, together with the original plan of said 
lands : Th e refore , 

Resolved, That the said JSfathan Jones be, and he is 
hereb}' required and directed, to lay before this Court, as 
soon as may be, an attested copy of the records of the 
divisions of said lands, made by and between said gran- 
tees, together with the original plans of said lands. 

February 14, 1781. 

Chapter 105. 

ChaV 105 RESOLVE on the memorial of STEPHEN PERKINS, DIRECT- 
^ ' ING THE COMMITTEE ON ACCOUNTS TO ALLOW THE AC- 

COUNTS OF THE TOWN OF TOPSFIELD. 

On the memorial of Stephen Perkins, in behalf of the 
town of Topsfield, praying that they may have their ac- 



1780. — January Session. 277 

counts passed hy the committee on accounts, for a horse 
purchased by the selectmen of said toicn, agreeable to the 
resolve of the General Court of the 23rZ q/June last, which 
horse was unfortunately Txilled before tJiey had opportunity 
to deliver him to the agent for his receipt, therefore. 

Resolved, That the committee on accounts be, and they 
are hereby directed, to pass on said accounts, and allow 
to the town of Top.'feld what was the full value of said 
horse, notwithstanding his being lost. 

February 14, 1781. 

Chapter 106. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN O//a».106 
OF PEPPERELLBOROUGH, DEDUCTING ONE MAN FROM THE ^ * 

SCHEDULE OF SAID TOWN, AND LAYING ONE ON THE TOWN 
OF SHAPLEYBOROUGH. 

On the petition of the selectmen of the toicn of Pepper- 
ellborough, praying that they might be relieved from pro- 
curing any more men for the Continental army than an 
equal proportion with other towns. 

Whereas it appears by the schedule of November 29^/i 
last, for filling up the Continental army, that the toivn of 
Pepperellborough has one man more assigned to them by 
said schedule than their equal share, and that a planta- 
tion called Shapleyborough has none assigned to them, 
which ought to have one: Therefore, 

Resolved, That one man be deducted from the town of 
Pepperellborough, and be laid on said Shapleyborough: 
And the Brigadier of the count}^ of York is hereby di- 
rected to inform said town and plantation of this resolu- 
tion that they may conform themselves accordingly. 

February 14, 1781. 



Chapter 107. 

RESOLVE EMPOWERING CALEB DAVIS, ESQ; TO SELL THE SHIP 
TARTAR, AND TO PAY MR. MORGAX, THE BALANCE DUE TO 
HIM FOR BUILDING THE SHIP. 

Resolved, That Caleb Davis, Esq ; be, and he hereby 
is authorized and empowered, immediately to sell the ship 
Tartar, together with such sails, rigging, cables, and ap- 
purtenances as are now l)elonging to her, provided he can 
obtain near the sum the said ship is worth, and to pay 



Chap.107 



278 1780. — Januaky Session. 

Mr. Morgan the balance that may be due to him for 
buildino; the ship ; and also any other persons who may 
have balances due to them for supplies furnished for said 
ship ; the remainder of the money to be paid into the 
hands of the Treasurer of this State, taking duplicate 
receipts for the same, one of which to be lodged in the 
Secretary's office. February 14, 1781. 



Chap.lOS 



Chap.109 



Chapter 108. 

RESOLVE REQUESTING ISRAEL JONES TO DELIVER THE PLAN 
OF CERTAIN LANDS IN EAST-HOOSUCK, TO THE SELECTMEN 
OF THE TOWN OF ADAMS. 

Whereas it is represented to this Court that there is a 
considerable quantity of land in the town of Adams, in 
the county of Berkshire, that is supposed to be absentees 
estates, but that the premises cannot be fully ascertained 
by reason that the plan of that part of said town formerly 
called East-Hoosuck is now in the hands of Gapt. Israel 
Jones of said Adams : Therefore 

Resolved, That the said Israel Jones be, and hereby is 
requested, forthwith to deliver the plan of said lands 
called East-Hoosuck to the selectmen of said town of 
Adams, they to take a copy of the same, and for the use 
of said town and for the benefit of this Commonwealth, 
and return the plan to said Jones. February 14, 1781. 

Chapter 109. 

RESOLVE ON THE PETITION OF WILLIAM POWELL. 

On the petition of William Powell. 

Resolved, That the honorable Judge of Probate for 
the county of Suffolk be, and he is hereby authorized 
and impowered to appoint three sufficient freeholders of 
the town of Boston, to appraise the estate of John Poic- 
ell, formerly of Boston, an absentee, consisting of one 
house and barn, situated in Boston aforesaid, and to take 
bonds of William Powell, of Boston, merchant, to the 
amount of one thousand pounds as a security to refund 
such part of what said house and barn may be appraised 
as may be the just proportion of the claims of any other 
creditors that may appear in the course of one year from 
the above date. 



1780. — January Session. 279 

And it is further Resolved, That when the said William 
Powell shall have complied with the above resolve, that 
the agent for the estate of John Powell, formerly of Bos- 
ton, an absentee, shall deliver into the hands of said Wil- 
liam the house and barn mentioned in his petition, when 
the present lease of the same shall expire, any law or re- 
solve to the contrary notwithstanding. 

February 14, 1781. 

Chapter 110. 

A GRANT OF EIGHTEEN POUNDS TO EACH OF THE SUPERIN- (JJidyy |X0 
TENDENTS OF THIS COMMONWEALTH. ^ ' 

liesolved, That there be paid out of the treasury of 
this Commonwealth, to each of the superintendents of 
this Commonwealth, the sum of eighteen i^ounds of the 
new emission of money, to enable them to send forward 
the men which may be delivered to them respectively, 
they to be accountable for the same. 

February 15, 1781. 

Chapter 111. 

A GRANT OF TWENTY POUNDS TO WILLIAM BAKER, MESSEN- fll^f^^ 1 1 "1 
GER OF THE GENERAL ASSEMBLY, L//iap.il± 

On the 2)€fition of William Baker, messenger of the 
General Assembly : 

Resolved, that there be allowed and paid out of the 
treasury of this Commonwealth, the sum of twenty 
pounds, new currency, in full for his extraordinary 
services. February 15, 1781. 



Chapter 1\2, 

RESOLVE REQUIRING THE TOWN OF WASHINGTON TO FUR- 
NISH FOUR MEN AS THEIR QUOTA TO FILL UP THE CONTI- 
NENTAL ARMY. 

Wliereas it appears to this Court, that the town of 
Washington in the last valuation ivere doomed one third 
part too high in polls and estate, upon ivhich doom six 
men was apportioned to that toicn in the last requisition 
for men to Jill up the Continental army : 

Therefore Resolved, That the town of Washington be 



Chap.112 



280 1780. — January Session. 

required to furnish four men as their quota of men to 
fill up the Continental army for three years or during 
the war with Great-Britain^ upon the last requisition, 
and no more. February 16, 1781. 



Chapter 113. 

(7^aX>.113 I^ESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
^' OF OAKHAM, RESPECTING THE MONIES ARISING FROM THE 

SALE OF THE ESTATE OF JAMES CRAIGE, AN ABSENTEE. 

The committee on the petition of the selectmen of the 
town of Oakham, praying that a part of the monies aris- 
ing from the sale of the estate of James Craige, an 
absentee, may be appropriated to the suptport of Triphosa 
Craige, daughter to said James : 

Resolved, That the prayer of said petition be 
granted ; and the committee of the sale of the estate of 
the said James Craige be, and they are hereby directed, 
to pay into the hands of the selectmen of the town of 
Oakham, the whole of the monies that shall arise from 
the sale of said estate, after paying and satisfying all 
the just claims and demands against said estate, and 
charges arising from the sale and settlement of the 
same, to be appropriated to the support of the said Tri- 
phosa, for reasons set forth in said petition. 

February 16, 1781. 



Chapter 114. 

Chan 114 resolve directing the treasurer to stay his execu- 

^ ' TIONS FROM THE TOWN OF FRTBURG UNTIL FURTHER 

ORDER. 

On the petition of Simon Fry, in heJialf of the town of 
Fryburg, setting forth that said town hath been taxed a 
much larger sum than their equal piroportion, by reason 
of said toivns being doomed near double to what said 
town ought to have stood in the last valuation. 

Resolved, That the Treasurer of this Commonwealth 
be, and he is hereby directed, to stay his executions 
from the town of Fryburg until the further order of the 
General Court, provided the said town of Fryburg pays 
the one half of all the taxes laid on said town since the 
last valuation was taken. February 16, 1781. 



1780. — Januakt Session. 281 

Chapter 115. 

RESOLVE REQUIRING THE TOWN OF HANCOCK TO RAISE SEVEN Chan.115 
MEN, AS THEIR QUOTA OF MEN TO FILL THE CONTINENTAL ^ ' 

ARMY. 

On the 2^6fiiion of the selectmen of the toimi o/" Hancock, 
praying to be abated part of the men required of them by a 
resolve of December 2, 1780. 

Resolved, That the prayer of the petition be so far 
granted that the said town of Hancock be required to 
raise seven men, which shall be considered as their full 
quota of said requisition, the resolve aforesaid to the 
contrary notwithstanding. February 16, 1781. 

Chapter 116. 

RESOLVE RESPECTING THE CONDUCT OF JOSHUA THOMAS AS Qhnj) 1 1Q 
AGENT TO THE ESTATE OF NATHANIEL RAT THOMAS, AN ^ * 

ABSENTEE. 

The committee appointed to examine into the conduct of 
Joshua Thomas as agent to the estate of Nathaniel Ray 
Thomas, an absentee, have attended the business assigned 
them, and beg leave to report as their opinion — That 
the infomnation given to this House, respecting the con- 
cealment of sundry articles belonging to tJie personal 
estate of said absentee, and the trespasses committed by 
cutting down the wood and timber upon said estate, are 
in several instances iv ell founded ; but by the declaration 
of said Thomas they were made entirely ivithout his 
knowledge: The committee are therefore of opinion. 
That it 2viU be most for the advantage of the public to 
continue him iii his agency: Therefore 

Resolved, That he be directed to prosecute without 
delay, agreeable to law, every person who shall have con- 
cealed any part of said personal estate, or who have been 
guilty of trespasses as aforesaid. February 16, 1781. 

Chapter 117. 

RESOLVE REQUIRING SOLDIERS RAISED BY A RESOLVE OF THE Choil 117 
5th JUNE LAST, TO PRODUCE CERTIFICATES FROM THE p-^^t 

SELECTMEN AND COMMANDING OFFICER OF THEIR BEING 
ACTUALLY PROVIDED WITH A BLANKET, &c. AND SERVING 
THEIR TIME OUT, TO ENTITLE THEM TO PAY. 

JVliei^eas several soldiers who were raised to serve six 
months in the Continental army, by a resolve of the Gen- 



282 1780. — Januaey Session. 

eral Court of the fifth of June last, actually found and 
provided themselves, at their own expence, ttntJi a blanA'et 
and other equipments, agreeable to said resolve, hut ivhen 
discharged were unable to procure such certificates as are 
by said resolve required to entitle them to receive pay for 
the use of the same: Therefore, 

Resolved, That every soldier who was procured to 
serve six months in the Continental army by said 
resolve of June last, and actually provided himself dur- 
ing said time, at his own expence, with a blanket, and 
shall produce a certificate from the selectmen or com- 
mittees of the town for which he went, that he pro- 
vided himself with said articles at his own expence, 
and also a certificate from his commanding officer in 
camp that he actually served the said term of six 
months, or till he was discharged, such certificates shall 
intitle him to receive pay for the use of said equipments 
in the same manner as if he produced the certificate 
required by th^ said resolve of the fifth of June last, 
any law or resolve to the contrary notwithstanding. 

February 17, 1781. 

Chapter 118. 

Chap.WS RESOLVE EMPOWERING JOHN NYE TO MAKE SALE OF THE 
-'■ ' LAND MENTIONED IN HIS PETITION. 

On the pietition of John Nye, guardian to John Allen, 
a minor, son of John Allen, late of Sandwich, in the 
county of Barnstable, deceased, praying that he may be 
enabled to sell the remainder of the real estate yet unsold, 
in said toivn of Sandwich, belonging to said minor, as 
an heir to his said father, deceased, for reasons set forth 
in his petition. 

Resolved, That the aforesaid John Nye be, and he 
hereby is authorized and impowered to make sale of 
the realj estate of John Allen, a minor, for whom he is 
guardian in the town of Sandunch, and county of Barn- 
stable, which belongs to said minor as an heir to his late 
deceased father John Allen, for the most the same will 
fetch, and make and execute a good and legal deed or 
deeds of the same, he the said John Nye observing the 
rules and directions of the law for the sale of real 
estates by executors and administrators, and giving 
sufficient security to the Judge of Probate for the 



1780. — January, Session. 283 

county of Barnstable that the neat proceeds arising 
from said sale or sales both principal and interest shall 
be applied to the use of said minor, by being paid to 
him when he shall arrive to the age of twenty-one years, 
or to his legal representatives, if he does not arrive to 
that age. February 17, 1781. 

Chapter 119. 

RESOLVE ON THE PETmON OF LIEUTENANT AARON STRATTON. (JJiaj).W^ 

On the petition of Lieut. Aaron Stratton, late of Col. 
Paul Dudley Sergeant's regiment, ivlio has been a pris- 
oner in New-York and on Long-Island, for upwards 
of four years, praying for his ivages and depreciation, 
in prop)ortion to the rank that he might have had in 
case he had not been captivated by the enemy. 

Whereas it appears to this Court that Lieut. Aaron 
Stratton, late of Col. Paul Dudley Sergeant's regiment 
ivas reco7n7nended as a first Lieutenant in the arrange- 
ment which took place the first of January 1777, and 
would have had that appointment in Col. M. Jackson's 
regiment had he not been in captivity at that time: 
Therefore, 

Resolved, That Lieut. Aaron 8t7'atton be, and he is here- 
by in titled to his full pay, equal to the officers of the same 
rank which he would have held had he not been in cap- 
tivity : And the committee for settling with the array 
are hereby directed to settle and make up depreciation 
to him, in the rank of Lieutenant, in the same manner 
as officers of like rank are settled Avith, deducting all 
monies or other things sup[)lied him, either by Con- 
gress or this State. February 17, 1781. 

Chapter 130. 

RESOLVE ON THE PETITION OF JOHN GLOVER, BRIGADIER- (JJian.VlO 
GENERAL IN THE AMERICAN ARMY. ^ * 

On the petition o/* John Glover, Brigadier-General in 
the American army : 

Resolved^ That the committee for selling the estates of 
Absentees in the county of Essex be, and they hereby are 
authorised and directed to appoint five sufficient free- 
holders in said county, who are to be under oath, to 



284 1780. — January Session. 

appraise that part of William Broivn, Esq's, estate 
lately occupied by Thomas Vining and others, lying 
in 8alem and Marhleliead, in said county ; and said 
committee are authorised and directed to give a deed 
to said John Glover, at said appraisement of said farm, 
in behalf of this Commonwealth, and to take in pay 
notes given him by this State for his wages, &c. which 
shall become payable in March next, at the real value, 
and the ballance, if any to be paid, in current money ; 
and said committee are directed to pay the same into 
the treasury of this State, after deducting so much as 
will be necessary to pay the expences that may arise 
from the sale aforesaid. February 17, 1781. 

Chapter 131. 

Chap.121 RESOLVE ABATING EIGHT SHILLmOS AND FOUR PENCE, TO 
^ THE TOWN OF CAPE-ELIZABETH, IN THE COUNTY OF CUM- 

BERLAND, SET ON SAID TOWN, AND ALLOWING ALL SUCH 
SUMS THAT SHALL APPEAR THEY HAVE PAID IN CONSE- 
QUENCE OF THE HUNDRED POLLS SETTLED IN THE LAST 
VALUATION. 

IVJiereas it appears to this Court that the town o/* Cape- 
Elizabeth, in the county q/" Cumberland, was charged with 
one hwidred polls more than there were in said town at the 
time the last valuation was settled. 

Therefore Resolved, That eight shillings and four pence 
be abated from the proportion set on the town of Cape- 
Elizaheth, to the thousand p)Ound in the last valuation, 
and that they be allowed out of the next State tax set 
on said town, all such sum or sums of money that shall 
appear they have paid in consequence of said hundred 
polls . February 17,1 781 . 

Chapter 133. 

Chap.V2i2 ^ GRANT OF TWENTY POUNDS TO ASAHEL COGSWELL. 

On the petition of Asahel Cogswell : 

Resolved, That there be paid out of the treasury of 
this State, to the said Asahel Cogsivell, the sum of 
twenty pounds, new currency, in full for loss of time, 
expences incurred by Surgeon's accounts, in conse- 
quence of a wound he received in the army, by return- 
ing home, board and nursing in his own family after he 
returned home. February 19, 1781. 



1780. — January Session. 285 



Chapter 123. 

• 

RESOLVE EMPOWERING THE EXECUTORS AND EXECUTRIX TO ChaV.123 
THE WILL OF THOMAS CALL, LATE OF CHARLESTOWX, ^ ' 

DECEASED, TO MAKE SALE OF THE LANDS MENTIONED IN 
THEIR PETITION. 

On the petition of James Bradish, jun. Benjamin 
Goodwin, and Bethiah Call, executors and executrix to 
the last will and testament of Thomas Call, late of 
Charlestown, in the count}/ of Middlesex, deceased, set- 
ting forth in their said petition, that the said Thomas 
Call, died seized and possessed of real estate part of which 
lies in the town of Sunderland, in the county of Hamp- 
shire, unimproved and subject to taxation, which loill in 
a short time annihilate the whole value thereof. 

Resolved, That the said executors and executrix, in 
their said capacit}^ be, and hereby are authorized and 
impowered, to make sale of the lands aforesaid, for the 
most the same will fetch, and to make and execute a 
good and sufficient deed or deeds thereof, to the pur- 
chaser or purchasers, they observing the rules of law 
for the sale of real estates by executors or adminis- 
trators, and giving security to the Judge of Probate for 
the county of Middlesex, that the proceeds arising by 
said sale be applied agreeable to the will of the tes- 
tator, after deducting the charge of sales. 

February 19, 1781. 



Chapter 134. 

RESOLVE APPOINTING MAJOR JOHN GLEASON OF FRAMING- QJidj) \'2i^ 
HAM AND OLIVER BARRON, ESQ; OF CHELMSFORD, MUS- -^ ' 

TER-MASTERS IN THE COUNTY OF MIDDLESEX. 

Whereas hy a resolve of the General Court, passed the 
21th of November last, for raising men to reinforce the 
Continental army, there was hut one Muster-Master 
appointed for the county of Middlesex, which is very 
inconvenient for several parts of said county. 

Therefore Resolved, That Major Johii Gleason of 
Frarninyham, and Oliver Barron, Esq ; of Chelmsford, 
be, and they hereby are appointed in addition to the one 
already appointed to muster the men that shall be raised 
in said county as aforesaid. February 19, 1781. 



286 1780. — January Session. 



Ch<apter 125. 

Chan.125 resolve directing joseph noyes of falmouth, in the 

^' COUNTY OF CUMBERLAND, TO LA.Y HIS ACCOUNTS OF SUP- 

PLIES TO THE TROOPS AT THE POST AT FALMOUTH, BEFORE 
THE COMMITTEE ON ACCOUNTS FOR ALLOWANCE AND 
PAYMENT. 

Resolved, That Joseph JSfoyes, of Falmouth, in the 
county of Cumherland, be, and he hereby is directed to 
lay his accounts of supplies and expenditures in the 
Quarter- jNIaster's department, to the troops at the post 
at Falmouth, and also for what provision and other 
necessaries he has purchased for the use of said troops, 
before the committee on accounts for allowance and pay- 
ment, which sums are to be charged to the Continent. 

February 19, 1781. 

Chapter 126. 

ChaV 126 I^ESOLVE upon the representation RESPECTING A TRACT 
^ * OF LAND LYING BETWEEN THE TOWNS OF CHESTERFIELD 

AND WORTHINGTON, MURRATFIELD AND CHESTERFIELD 
GORE, AS ALSO ANOTHER TRACT ADJOINING TO THE TOWN 
OF CUMMINGTON, APPOINTING JOHN HASTINGS, ESQ; AND 
MR. EPHRAIM WRIGHT, A COMMITTEE TO ENQUIRE INTO 
THE PREMISES. 

WJiereas it has been represented to this Court, that there 
is a certain tract of land lying in this Commonicealth 
between the towns of Chesterfield and Worthington, 
Murrayfield and Chesterfield Gore, containing about 1200 
acres; and also another tract or Gore of land supposed to 
contain one or tu'o hundred acres lying near the same, 
adjoining to the toion of Cummington, which have never 
been granted by the Great and General Court; wherefore 
it is 

Resolved, That John Hastings, Esq ; and Mr. Ephraim 
Wright, be a committee to enc{uire into the premises, 
and if they shall find l)oth or either of the tracts of land 
aforesaid not granted as aforesaid, that in that case they 
be authorized to make an exact surve}^ of the premises, 
and divide them into lots if they shall judge it to be best 
for the public, and sell the same at public auction, giving 
previous notice of the time and place of sale, by publish- 
ing the same in the towns or plantations aforesaid five 
weeks at least before the time of sale, and publishing the 



1780. — January Session. 287 

same in the Hartford, Worcester, and one of the Boston 
news-papers, three weeks successively before said sale ; 
and that said committee be and hereby is authorized to 
make out to the purchaser or purchasers good and suffi- 
cient deed or deeds for the same, he or they paying one 
moiety of the money at the time of sale, and giving 
sufficient security with surety or sureties for the payment 
of the other moiety within three months from the time of 
sale, and said committee are ordered to pay the monies 
arising from the sale of said lands into the public treasury 
of this Commonwealth as soon as may be, taking dupli- 
cate receipts for the same, one of which to be lodged in 
the Secretary's office. February 19, 1781. 

Chapter 137. 

RESOLVE ON THE PETITION OF ABIGAIL NEWMAN OF BOX- ChaV.127 
FORD, IN THE COUNTY OF ESSEX, IMPOWERING HER TO ^* 

SELL THE LAND MENTIONED IN SAID PETITION. 

On the petition of Abigail Newman, of Boxford, in the 
county of ^^^^^, praying that she may be enabled to sell 
a lot of land in Winchendon, in the county of Worcester, 
lohich teas lately the property of Hannah Wood, deceased ^ 
for reasons set forth in her petition. 

Resolved, That said Abigail Newman, of Boxford, in 
the county of Essex be, and she hereby is authorized 
and impowered to sell for the most the same will fetch, 
an eighty acre lot of land in the town of Winchendon, in 
the county of Worcester, which lot is number one hundred 
and thirteen, in the north division, on the original right 
of Thomas Lufkin, which lot of land was the estate of 
Hannah Wood, late deceased, and which descended to her 
by her late deceased father Solomon Wood, and make and 
execute a deed or deeds of the premises, which shall cor- 
respond with the right and title the said Hannah had to 
the premises at the time of her decease, she the said 
Abigail observing the directions of the law for the sale 
of real estates by executors and administrators. 

Provided, That the said Abigail Newman before she 
shall make any conveyance of the premises, procure some 
suitable person -to the satisfaction of the Judge of Pro- 
l)ate for the county of Essex, to give his bond to said 
Judge as principal, together with such sureties as shall 
be required by said Judge that the neat proceeds arising 



288 1780. — Januaey Session. 

from the aforesaid sale shall be divided to and amongst 
the legal heirs of the said Hannah Wood, deceased, 
according to the law for the division of intestate estates. 

February 19, 1781. 

Chapter 128. 

Chav 128 i^ESOLVE for the disposal of a number of masts and 

^' OTHER SPARS IN THE EASTERN PARTS OF THIS COMMON- 

WEALTH, AND AUTHORIZING JEDEDIAH PREBLE, ESQ; 
THOMAS RICE, ESQ; AND JAMES McCOBB, ESQ; TO DISPOSE 
OF SAME, AND TO RENDER AN ACCOUNT OF THEIR PROCEED- 
INGS TO THE GENERAL COURT. 

TF7^ere«s there are a number of masts and other spars 
in the eastern j)cirts of this Commonwealth, belonging to 
this government, for which there is no immediate use, 
and it may be greatly for the interest of the public that 
the masts and spars aforesaid should be speedily disposed 
of, therefore. 

Resolved, That Jedediah Preble, Esq ; be appointed 
and authorized, and he is hereby accordingly authorized, 
to dispose of such masts and spars belonging to this gov- 
ernment as are under the care of William Fi^ost, at Fal- 
mouth. And that Thomas Rice, Esq ; be appointed and 
authorized, and he is hereby authorized to dispose of the 
masts and spars belonging to this government that are 
under the care of Timothy Parsons, at Wiscasset-Point. 
And that James McCobb, Esq ; be appointed and author- 
ized, and he is hereby accordingly^ authorized to dispose 
of the masts and spars belonging to this government that 
are under the care of said Timothy Parsons, aforesaid, at 
Kennebeck, for the most said masts and spars will fetch, 
and pay the money arising therefrom immediately into 
the public treasury, taking duplicate receipts therefor, 
one of which to be lodged in the Secretary's oiEce. 

And it is further Resolved, That the said Jedediah 
Preble, Thomas Rice and James McCobb, Esq'rs. render 
an account of their proceedings respecting the sale of the 
masts and spars aforesaid to the General Court as soon as 
possible after said masts and spars are disposed of, they 
to receive such compensation for transacting said business 
as the General Court shall hereafter order. 

And it is further Resolved, That the aforesaid William 
Frost and Timothy Parsons be directed, and they are 



1780. — January Session. 289 

hereby accordingly directed, to deliver all such masts and 
spars as are in their possession belonging to this govern- 
ment to the persons respectively appointed to sell the 
same. February 22, 1781. 



Chapter 129. 



A GRANT OF TEN THOUSAND POUNDS TO THE COMMITTEE 
APPOINTED TO CONCUR AND FAY ACCOUNTS. 

Whereas it appears to tliis Court, that the committee 
for paying accounts have expended the sum allowed them 
for that purpose, and it being necessary that a further sum 
be allowed said committee to enable them to make further 
payments, agreeable to the order of Court, therefore. 

Resolved, That the sum of ten thousand p>ounds of the 
new emission be, and hereby is ordered to be paid out of 
the pu])lic treasury of this Commonwealth to said com- 
mittee, to enable them to pay such accounts as may be 
allowed by the committee appointed by this House for 
that purpose, said committee to be accountable for the 
expenditure of the same. February 20, 1781. 



Chap.129 



Chapter 130. 

RESOLVE DIRECTING THE JUDGES OF THE SUPREME JUDICIAL 
COURT TO DELIVER THEIR OPINIONS IN WRITING UPON THE 
SUBJECT MATTER IN DISPUTE BETWEEN THE TWO HOUSES, 
RESPECTING THE SETTLEMENT OF A VALUATION. 

Whereas it is provided by the constitution '■'■that all 
money bills shall originate in the House of Hepresenta- 
tives," and the House are of opinion, that, agreeable to 
the spirit of the clause above recited, it is their exclusive 
right and duty to originate an enquiry into the returns 
made from the several toions and plantations for the pur- 
pose of settling a valuation, and finally to conclude on the 
proportion of rateable property vnthin each town and 
plantation in this 8tate. 

And ivhereas the Senate are of opinion, that the above 
recited clause does not apply to the settlement of a valua- 
tion, and therefore, that by virtue of the equal rights and 
poivers ivhich are given by the first section of the first 
chapter in the frame of government to the tivo branches of 
the legislature, the Senate have an equal right and concern 
with the House of Rep)resentatives in originating and 
compleating the settlement of a valuation. And whereas 



Chap,\m 



290 1780. — January Session. 

it is essential to the public interest, that the two branches 
of the legislatw^e should on the present occasion unite in 
their construction of the constitution without delay. 
Therefore, 

Resolved, That in order hereto, the Judges of the 
Supreme Judicial Court be, and they liereby are directed, 
to deliver in writing to each house of the legislature, on 
or before the 2 2d day of February instant, their respec- 
tive opinions on the above questions in debate. 

February 20, 1781. 



Chapter 131. 

Char) 131 RESOLVE entitling andrew wiseaker to half pay, to 

^ ' COMMENCE FROM THE flRST OF SEPTEMBER, 1779. 

On the representation of John Lucas, commissary of 
continental pensioners, in behalf of Andrew Wiseaker, 
loho was imprest and sent on board the ship Putnam, and 
in an engagement at Penobscot lost his right arm in 
August, 1779, as appears by his certificate. 

Resolved, That the said Andrew Wiseaker, is intitled 
to half pay as a soldier, to commence from the first daj^ 
of September, 1779, the time of his discharge. 

February 20, 1781. 



Chap.132 



Chapter 133. 

RESOLVE ENTITLING WILLIAM PEDRICK TO HALF PAY FROM 
THE 1st of MARCH, 1779. 

On the representation of John Lucas, commissary of 
continental pensioners, in behalf of William Pedrick, 
Quainter- Master on board the continental brig Resistance, 
William Burke, commander, ivho was taken prisoner the 
2{Uh day of August, 1778, and carried to New- York, 
and ivhile a prisoner lost all his toes by the frost, as 
appears by his certificate and other papers accompanying 
the same. 

Resolved, That the said William Pedrick is entitled 
to one third pay, to commence from 1st day of March, 
1779, at which time his pay ceased. 

February 20,1781. 



1780. — January Session. 291 

Chapter 133. 

RESOLVE ENTITLING JOSIAH HAYWOOD TO HALF PAY AS A (JJiap.l3d 
SOLDIER, TO COMMENCE THE FIRST OF JUNE, 1780. ^ 

On the representation of John Lucas, commissary of 
jjensioners, in helicdf of Josiali Haywood, a soldier in 
Col. Timothy Bigelow's regiment and Capt. Robins's 
company, who toas tvounded in his left arm in the service 
of the United States o/" America ; by said wound he has 
lost the use of his arm, as ajjpears by his certificate. 

Therefore Resolved, That the said Josiah Haywood, is 
entitled to one third pay as a soldier, to commence from 
the time of his discharge, which was the first day of 
June, 1780. February 20 , 1 781 . 

Chapter 134. 

RESOLVE ENTITLING EBENEZER PERKINS TO HALF PAY AS A (7^««.134 
MARINE, TO COMMENCE FROM THE 13th APRIL, 1780. -' ' 

On the representation of John Lucas, commissai'y of 
pensio72ers, in behalf of Ebenezer Perkins, a marine on 
board the continental ship Warren, icho teas wounded at 
Penobscot, by a ball's entering his breast and going through 
part of /lis shoidder and arm, by ichich he has lost the use 
of his arm as appears by his certificate. 

Therefore Resolved, That the said Ebenezer Perkins is 
entitled to one third pay as a marine, to commence from 
the 13th oiAptril, 1780. February 20, 1781. 

Chapter 135. 

RESOLVE ENTITLING CHRISTOPHER NEWBIT TO HALF PAY AS (Jhnyy \'^^ 
A SOLDIER, TO COMMENCE FROM THE 28th SEPTEMBER, 1779. 1 ' 

On the rejjresentation of John Lucas, co77imissary of 
continental pensioners, in behalf of Christopher Newbit, 
a soldier in Philip M. Ulmer's company, icho lost his arm 
by a cannon ball, in a battle ivith the enemy at ]\rajorbig- 
waduce, the 28th day of Jn\j, as appears by his certifi- 
cate. . 

Resolved, That the said Christopher JVeivbit is entitled 
to half pay as a soldier, to commence from the 28th Sej)- 
tember, 1779, the time of his discharge. 

February 20, 1781. 



292 1780. — January Session. 

Chapter 136. 

ChaV 136 A GRANT OF THIRTEEN POUNDS TEN SHILLINGS TO EDWARD 
^ ' MANCHESTER, A PENSIONER. 

The com7nittee to loliom the petition of Edward Man- 
chester, a pensioner of this co^nmonivealth iims referred, 
beg leave to I'eport by way of resolve. 

Resolved, That there be paid to Edward Manchester 
aforesaid, out of the treasury of this Commonwealth, the 
sum oi thii'teen pounds ten shillings, in bills of the new 
emission, in full to this day, it being eighteen months 
since he received his last pension. February 20, 1781. 

Chapter 137. 

Char) 137 ^ grant of four pounds to the selectmen of grafton, 

^ for GEORGE GIRE, A PENSIONER. 

The Committee app)ointed to consider the petition of the 
selectmen of Grafton, in behalf of George Gire, a pen- 
sioner of this Commonwealth, beg leave to report by ivay 
of resolve : 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to the selectmen of Grafton, for said 
George Gire, the sum oi four pounds, in bills of the new 
emission, in full for one years pension, commencing in 
June, 1779. February 20, 1 781 . 

Chapter 138. 

Char) 1S8 RESOLVE on the petition of the hon. james barker, esq-, 

Ky/tUp.XOO directing THE TREASURER TO DELIVER A NOTE FOR THE 
VALUE OF THE BILLS MENTIONED. 

On the petition of the Hon. James Barker, Esq; pray- 
ing that he might have a note from the Treasurer of this 
Commonwealth for twelve pounds one shilling, in lieu of 
that sum 7iow in his possession, of bills emitted by this 
State, and not redeemed by reason of their being within 
the enemies lines on Rhode-Island, at the time prefixed for 
their redemption; Therefore 

Resolved, That the prayer of said petition be granted, 
and that the Treasurer of this Commonwealth be, and he 
hereby is directed, to deliver to the petitioner a note for 
the value of said bills, dated the last day of the redemp- 
tion of said money, any resolve to the contrary notwith- 
standing. February 20,1781. 



1780. — Januahy Session. 293 

Chapter 139. 

RESOLVE DIRECTING THE SEVERAL DELINQUENT TOWNS, &c. (7^rtT).139 
TO MAKE RETURN OF THE BOUNTIES GIVEN THE THREE ^' 

AND SIX MONTHS MEN, ON OR BEFORE THE 5th DAY OF 
APRIL NEXT, AND ON NEGLECT NOT TO BE ENTITLED TO 
HAVE ANY OF SAID BOUNTIES INCLUDED IN THE TAX TO BE 
GRANTED. 

Whereas by the resolves of the General Court of June 
last, for raising the six and three months men, the select^ 
men of the several towns and committees of plantations in 
this Commonwealth were called to make returns on oath of 
the bounties given by their towns or individuals to said 
men with vouchers from the several men of said sums they 
received as aforesaid, on or before the first day o/" January 
last: And whereas some toivns have neglected to make such 
returns; therefore it is 

Resolved, That the selectmen of the several delinquent 
towns, and committees of phmtations be hereby directed, 
to make returns into the Secretary's office of the bounties 
as aforesaid, on or before the fifth day of Aj)ril next, and 
on the failure thereof, the towns and plantations whose 
selectmen and committees shall neglect this duty, shall 
not be entitled to have any bounties which they may 
have given for procuring said three and six months men, 
included in the tax which shall be granted agreeably to 
the tenor of the aforesaid resolve, or to receive any credit 
for the average of said bounties as by the same resolve 
is provided. And the Secretary is hereby directed to 
publish the foregoing resolve, in one of the Boston and 
the TForce^s^er news-papers. February 20, 1781. 



Chapter 140. 

RESOLVE FOR RAISING GUARDS AT THE SEVERAL POSTS ON 
THE SEA COASTS IN THIS COMMONWEALTH, AND MAKING AN 
ESTABLISHMENT FOR SAID MEN. 

The committee to report an establishment for the sea 
coasts men beg leave to report : 

That ichereas the time for which the guards stationed at 
the several posts on the sea coasts in this Commonwealth, 
expired the first day q/" January last: 

Therefore Resolved, That there be raised in the Prov- 
ince of Main, and stationed at Falmouth and Cape-Eliza- 
beth, one sergeant and twelve matrosses. 



ChapAiO 



294 1780. — January Session. 

Resolved, That there be raised in the county of Essex, 
and stationed at the fort on Pkim-Ishind, one corporal 
and two matrosses. 

At Glocester, one sergeant and six matrosses. 

At Beverly, one corporal and three matrosses. 

At Salem, one sergeant and six matrosses. 

At Marhlehead, one sergeant and four matrosses. 

Resolved, That there be raised in the county of Plym- 
outh, and stationed at the Gurnet one sergeant and six 
matrosses. 

And it is further Resolved, that there be allowed and 
paid to each sergeant thirty-six sJiillings per month, and 
to each corporal thirty-four shillings per month, and each 
private or matross thirty-two shillings ]^er month, during 
their continuance in said service ; the aliove wages to be 
paid in specie or bills of credit equivalent thereto. 

And it is further Resolved, that the wages of the men 
who shall be raised and stationed at the several sea-ports 
agreeable to this resolve, commence from the day they 
march from their respective homes for the posts to which 
they shall be stationed, and shall continue in service until 
the first day oi January, 1782, unless sooner discharged. 

And it is further Resolved, That his Excellency the 
Governor be, and hereby is desired, to appoint suitable 
persons to provide for and supply the aforesaid men at 
the several stations with such provisions as are allowed 
the men in the Continental army. 

And it is further Resolved, That his Excellency the 
Governor l)e requested to appoint the officers mentioned 
in these resolves. March 2, 1781. 



Chap. 14:1 



Chapter 141. 

RESOLVE DIRECTING GEORGE WILLIAMS, ONE OF THE MANA- 
GERS OF THE STATE LOTTERY, TO PAY THE BALANCE DUE 
UPON SETTLEMENT OF HIS ACCOUNT UNTO THE TREASURER, 
AND MAKING HIM COMPENSATION FOR HIS SERVICES. 

Whereas on settlement of the accounts of Oapt. George 
Williams, one of the managers of the State lottery, for the 
forfeited prizes in the fourth and last class, it appears 
there is a balance due from said Williams one State note 
of one hundred and fifty pounds, thirty-six notes o/" fifteen 
pounds each, and eighteen hundred and fifty dollars, of 
the old emission: 



1780. — January Session. 295 

Resolved, That the said Williams be, and is hereby 
directed to pay the above mentioned State notes into 
the treasury of this Commonwealth, and take duplicate 
receipts therefor, one of which to be lodged in the Sec- 
retary's office, in full discharge for his part of the for- 
feited prizes in the fourth and last class of the above- 
mentioned lottery, and the eighteen hundred and fifty 
dollars aforesaid is considered as a full compensation for 
said Williams's service in settling said classes. 

February 21, 1781. 

Chapter 142. 

RESOLVE EMPOWERING BENJAMIN CHADBOURN, ESQ; OF BER- (JJian 142 
WICK, IN THE COUNTY OF YORK, TO PROSECUTE TO FINAL ^' 

JUDGMENT ALL TRESPASSORS UPON A TRACT OF LAND IN 
SAID COUNTY, CALLED COOK'S LOT. 

Wliereas there is a tract of land in the county of York, 
of about three miles square, called Cook's Lot, on the 
western side q/" Saco-River, and adjoining thereunto, with- 
out the bounds of any incorporated toivn, upon ivhich there 
are many valuable white-pine masts, a considerable ptart of 
ivhich lot is the prop)erty of this Commonwealth; and as 
it is said that some persons have made strip and ivaste 
thereon, and are again preparing to carry off the pine 
masts aforesaid, by cutting them into mill-logs and for 
other uses: Therefore, to prevent any further destruction 
of said timber, and also that such as have heretofore tres- 
passed on said lot may be called upon to make speedy 
satisfaction : 

Therefore it is Resolved, That Benjamin Chadbourn, 
of Berivick, in the county of Ybi'Jc, Esq ; be, and here])y 
is fully authorized and impowered, in the name and on 
the part of this Commonwealth, to join with the other 
proprietors or tenants in common of the said tract, in 
commencing and prosecuting to final judgment and exe- 
cution any person or persons that have unlawfully entered 
and committed any trespass on said lot, since the first day 
of Janua7nj, 1775, or that hereafter may commit tres- 
passes thereon, said Chadbourn to appear in person, or 
by such attorney as he may see cause to appoint, and on 
the part of this Government to submit to reference any 
action or suit, or supposed cause of action, in the same 
way and manner other parties in their own suits have 



296 1780. — January Session. 

usually submitted tliera, said Chadbourn to account with 
the Judge of Probate for York county for this Govern- 
ment's proportion of the damages that may be recovered 
and received by him, and to pay into the treasury of this 
Government such sum or sums as may, on his accounts 
so examined and allowed, appear to be due to the State ; 
and the Treasurer's receipt shall be a full discharge for all 
such sums as he may pay. 

And it is further Resolved, That if any persons have 
entered on said lot with an intention of settling thereon 
without leave of the owners, that the said Benjamin may 
join Avith the other tenants in common in commencing 
and prosecuting to final judgment and execution, actions 
of trespass or ejectment against such intruders as the case 
ma}^ require ; any law, usage or resolve to the contrary 
notwithstanding. February 21, 1781. 



Chapter 143. 

Chart 143 '^ grant of one hundred dollars new emission, to his 
J^' honor the lieutenant governor, for his expences 

AS A commissioner ON THE PART OF THIS COMMONWEALTH, 
TO MEET AT PROVIDENCE, ON THE SUBJECT OF SUPPLIES 
TO THE FRENCH ARMY AND NAVY. 

Resolved, That there be granted and paid out of the 
treasury of this Commonwealth, to his Honor the Lieu- 
tenant Governor, one hundred dollars of the new emis- 
sion, for his ex[)ences as a commissioner on the part of 
this Commonwealth, at a convention to be held at Provi- 
dence, on the subject of supplies to the French army and 
navy, he to be accountable for the same. 

February 21, 1781. 

Chapter 144. 
Chnn 144- i^esolve directing the treasurer to apply to nathan- 

^ -jf^ lEL APPLETOX, ESQ; FOR THE SUM OF EIGHT THOUSAND 

POUNDS IN BILLS OF THE NEW EMISSION, AND GRANTING 
FIVE THOUSAND POUNDS TO JOSEPH BAKER, ESQ; OUT OF 
SAID SUM, AND TO RETAIN THE BALANCE TILL FURTHER 
ORDER. 

Whereas Joseph Baker, Esq ; has represented to this 
Court, that he has a quantity of beef and porh for sale; 
and ivhereas this Commonivealth is in want of the same 
for the use of the army. 



1780. — January Session. 297 

Therefore Resolved, That the Treasurer of this Com- 
monwealth be, and he herel)y is directed to appl}^ to 
Nathaniel Ajypleton, Esq ; Continental-Loan officer within 
this Commonwealth, for the sum oi ekjld thousand 'pounds 
in bills of the new emission, for the purpose abovemen- 
tioned ; and the Treasurer of this Commonwealth, be, 
and he hereby is directed to replace the same in Conti- 
nental bills of credit of the old emission to the value 
thereof, as soon as he can avail himself of the same ; and 
it is hereby recommended to said Loan-Officer, to furnish 
said Treasurer with the sum aforesaid. 

And it is further Resolved, That there be paid out of 
the public treasury of this Commonwealth to Joseph 
Baker, Esq ; out of the above sum, j^ve thousand pounds 
advanced by the Loan-Officer as aforesaid, he to be 
accountable for the same ; and the Treasurer aforesaid is 
hereby directed to retain the other three thousand pounds 
advanced as aforesaid, in the office for the order of the 
General Court. February 23, 1781. 



Chapter 145. 

RESOLVE DIRECTING THE TREASURER TO RECEIVE OF CALEB 
DAVIS, ESQ; ONE OF THE MANAGERS OF THE LATE STATE 
LOTTERY, THE BALANCE OF NOTES DUE UPON SETTLE- 
MENT. 

Whereas it apjjears upon settletnent with Caleb Davis, Esq ; 
(one of the managers of the late State lottery) that there 
remains a balance of one State note of three hundred 
pounds, two notes of thirty pounds each, forty-one notes 
of fifteen pounds each, and seventeen hundred dollars of 
the old emission due from, said Davis to this State, from 
the forfeited prizes in the third and fourth classes of said 
lottery. 

It is therefore Resolved, That the Treasurer be, and he 
is hereby directed to receive said balance, and give dupli- 
cate receipts therefor, one of which to be lodged in the 
Secretary's office, in full discharge of said Davis's part 
of forfeited prizes in the third and fourth classes above 
mentioned. February 21, 1781. 



Chap.U5 



298 1780. — January Session. 



Chapter 146. 

ChaV 146 RESOLVE ALLOWING ADDITIONAL PAY TO THE HONORABLE 
^ ' COUNCIL, SENATE AND HOUSE OF REPRESENTATIVES, FOR 

THEIR ATTENDANCE AT THE GENERAL COURT. 

The committee appointed to consider what ivill be a rea- 
sonable compensation for the travel and attendance of the 
members of the General Court for the present session, have 
attended that service, and ash leave to report by way of 
resolve. 

> ..Resolved, That there be paid out of the public treasury 
of this Commonwealth to each of the members of the 
Honorable Council, the sum oi fifteen shillings per day 
for each day of their attendance since the last pay roll 
was made up ; and that there be paid to each of the 
members of the Honorable Senate, the sum of thirteen 
sliillings and six-pence per day for each day of their 
attendance this present session, and that there be paid 
to each of the members of the House of Representatives, 
the sum of twelve shillings per day, for each day*of their 
attendance this session, and that their travel be made up 
in proportion according to former custom, and the com- 
mittee on the pay roll are directed to make up the pay 
roll accordingly. February 21, 1781. 



Chapter 147. 

Chav 147 RESOLVE impowering the committee for supplying the 

* * officers of the MASSACHUSETTS LINE OF THE ARMY 

to supply SAID OFFICERS WITH MONEY TO PURCHASE 
CLOATHING. 

Wliereas several o fleers of the Massachusetts line of the 
army have supplied themselves with cloathing, and others 
are desirous of receiving money in lieu of cloathing, in 
order that they m^y purchase for themselves, therefore. 

Resolved, That Ebenezer Wales, Esq ; and Capt. Amasa 
Davis, the committee for supplying the officers of the 
Massachusetts line of the army with cloathing, be, and 
they are hereby impowered to supply any of said officers 
with a sum of money sufficient to purchase the cloathing 
due to said officers, provided they chuse to receive the 
same. February 23, 1781. 



1780. — Januaky Session. 299 



Chapter 148. 

RESOLVE DIRECTING THE METHOD HOW THE COMMITTEE QJian.l'iS 
APPOINTED TO SETTLE WITH THE ARMY SHALL SETTLE ^' 

WITH THEM. 

JVJiereas the committee delegated by the Massachusetts 
line of the Continental army, to act in their behalf in the 
settlement of the dejireciation of their wages, have ajpjpliecl 
to this Court for an alloicance of the sum which is due to 
them on account of the depreciation which toolx place after 
their wages became due, before they actually received pay- 
ments; and however reasonable it may have been hereto- 
fore considered, that an adjustment hereof should be made 
by Congress, yet as a settlement of it in this mode may be 
attended ivith delay and embarrassments; and the Assembly 
are cheerful on all 2yrop)er occasions to express their sense 
of the services and sufferings of their military brethren in 
the present important contest: 

It is therefore Resolved, That the committee of this 
Court for settling with the army be, and they hereby 
are directed to alloAV the Massachusetts line of the Con- 
tinental army the amount of the depreciation which took 
place on their wages, from the several periods at which 
they became due, to the time Avhen the Pay-Masters of 
the respective regiments received the same. 

It is further Resolved, That the additional pay of the 
military staft', and of the line of the Massachusetts forces 
be made good, and depreciation allowed thereon in the 
same manner as on the established pay of the line : 
That the officers and non-commissioned officers be respec- 
tively charged with all monies received by them for the 
purpose of enlisting recruits, and be credited for each 
soldier by them respectively enlisted, and who was mus- 
tered before the 2d day of December last, such sum as 
is allowed by the resolves of the General Court. 

That the officers, non-commissioned officers and pri- 
vates be charged with all supplies of stores and cloatli- 
ing delivered to them, except such cloathing as is 
allowed by Congress, after deducting the value of the 
money they paid for the same, but no charge is to be 
made of any cloathing supplied by Congress, on condi- 
tion that no account be brought against the State for 
any other deficiency than the depreciation of wages. 

That the benefit of this resolve be extended to all who 



300 1780. — January Session. 

were in service as part of this State's quota of the 
Continental army on the 31st of December hist, and to 
the heirs of such as have died or been killed while in 
said service, previous thereto, and also to such as have 
been regularly discharged therefrom since the sixth of 
February, 1779. ^ Marcli 2, 1781. 

Chapter 149. 

Chav 149 RESOLVE supplying joseph baker, esq; commlssary of 

^ PURCHASES, WITH 500 BUSHELS OF SALT, FOR BARRELING A 

QUANTITY OF BEEF AND PORK. 

Whereas it is necessary that Joseph Baker, Esq ; Com- 
viissary of purchases be supplied with 500 bushels of salt 
for the purpose of barreling a quantity of beef and p)ork 
for the use of the army : Therefore 

Resolved, That the said Joseph Baker, Esq ; be, and he 
hereby is directed, to apply to Daniel Loring, Deputy- 
Commissary of the Continental store at Sudbury, for the 
said 500 bushels of salt ; and it is hereby recommended 
to said Deputy-Commissary to furnish said Joseph Baker 
with the quantity aforesaid, and this Commonwealth will 
replace the salt in quantity and quality, or credit the 
United States therefor. February 23, 1781. 

Chapter 150. 

Chav 150 RESOLVE discharging the committee for PAYING AC- 
^ * COUNTS OF THE SUM OF FIVE THOUSAND FIVE HUNDRED 

AND THIRTY POUNDS SEVENTEEN SHILLINGS AND FIVE 
PENCE. 

Whereas by the representation and report of the commit- 
tee for settling tJie public accounts, it appears to this Court, 
that the committee on the part of the Senate appointed to 
concur and pay accounts, have i-eceived of the Treasurer of 
this Gommomvealtli, by warrant from the Governor, dated 
November 21, 1780, the sum q/* five thousand pounds, 
which with the suin of four pounds six shillings and ten 
pence, the ballance at their last account, and five hundred 
twentj^-eight pounds one shilling and four pence, ballances 
of sundry accounts they received, makes five thousand five 
hundred and thirty-two pounds eight shillings and two 
pence, they having produced to said committee good and 
sufficient vouchers for the expenditure q/'five thousand two 



1780. — January Session. 301 

pounds sixteen shillings and four pence, and the Treas- 
urer's receipts for fivehundred twenty-eight pounds one 
shilling and four pence, tvhkh maJces five thousand five 
hundred thirty pounds seventeen shillings and five pence, . 
and leaves a baUance of one pound ten shillings and nine 
pence due to the Commomcealth. 

Therefore Resolved, That the committee for paying 
accounts as aforesaid, be, and they hereby are dis- 
charged of the abovementioned sum of five thousand five 
hmdred and thirty pounds seventeen shillings and five 
pence, for the expenditure of which they have produced 
good and sufficient vouchers, and that said committee be 
accountable for the sum of one pound ten shillings and 
nine pence, a ballance in their hands due to the Com- 
monwealth. February 23, 1781. 

Chapter 151. 

RESOLVE DIRECTING THE COMMITTEE FOR SETTLING WITH Qhap.Wl 
THE ARMY TO SETTLE WITH CAPT JOHX WOOD AND SEV- 
ENTEEN OTHER PERSONS IN THE CORPS OF ARTIFICERS, 
FOR THE DEPRECIATION OF THEIR WAGES. 

On the p)etition of Capt. John Wood, of Westborough, 
in behalf of himself and seventeen other persons belonging 
to this State, in the corps of artificers or served in said 
corps till discharged, praying they may be allowed the 
depreciation of tlieir wages for reasons set forth in said 
petition. 

Resolved, That the committee for settling the deprecia- 
tion of the wages of this State's quota of the Continental 
army, be, and they are hereby directed, to settle with the 
said John Wood, and the other seventeen persons who 
served in said corps of artificers in the Continental ser- 
vice, for the depreciation of their wages, in the same 
manner as they settle with the corps doing like duty in 
the Continental army. February 24, 1781. 



Chapter 153. 

RESOLVE APPOINTING NATHANIEL WILLIS, PRINTER TO THE /^^«r, "[52 
GENERAL COURT, AND ESTABLISHING HIS PAY FOR PRINT- ^ 1 ' 
ING ALL ACTS, RESOLVES, &c. ON CONDITION THAT HE 
SENDS HIS PAPER GRATIS TO THE SEVERAL TOWNS WITH 
THE SAID ACTS, RESOLVES, &c. PRINTED. 

^VJlereas it appears by a proposal made by Nathaniel 
Willis, Printer, that he will furnish each town and plan- 



302 1780. — January Session. 

tation in this Co7nmonwealth with his neivs paper 
weekly, for the privilege of printing the acts, resolves, 
orders, and advertisements for the sale of confiscated 
■ estates, receiving for the same, six shillings in sjjecie or 
bills of credit equivalent thereto for each square. 

Therefore Resolved, That Nathaniel Willis shall print 
all the acts, resolves and advertisements, in his pa])er, 
and receive therefor, out of the public treasury of this 
Commonwealth, for each square so printed, six shillings 
in specie, or bills of credit equivalent thereto, on condition 
that the said Willis send his paper //rfc^i.s- and Aveekly, with 
the said acts, &c. printed therein, to the several towns 
and plantations aforesaid, directed to the town clerks 
thereof respectively, until the further order of the Court, 
and said town clerks are hereliy directed to file said 
papers for the benefit of the town, and to communicate 
immediately to the proper persons, any and every thing 
of a public nature that shall require the exertion of the 
town, or any particular member thereof. And the said 
Willis is hereliy directed to send said papers by the usual 
carriers, without any expence to this Commonwealth or 
the towns to which they are directed. 

And the Selectmen of the several towns in this Com- 
monwealth are directed to take such measures to ]:>ro- 
cure said papers after the usual carriers have deposited 
them, as may be most effectual for that purpose, and 
said Willis is directed to print this resolve three weeks 
successively in his paper. March 9, 1781. 

Chapter 153. 

Chap.l5S RESOLVE REQUESTING HIS EXCELLENCY TO ORDER THE IMME- 
DIATE CONFINEMENT OF WILLIAM BRYAN AND HENRY 
BINGHAM.. 

W7ie7'eas it appear^s to this Court to be of the m,ost per- 
nicious conseqvence to permit prisoners of war to go at large; 
and as this Court has received information that a certain 
AVilliam Bryan and Henry Bingham, botJi prisoners of war, 
are permitted to go at large, notwithstanding the lairs of 
this Commonivecdth to the contrary : Therefore, 

Resolved, That his Excellency the Governor be requested 
to order the aforesaid William Bryan and Henry Bingham, 
now said to be in Boston, to be immediately put under con- 
finement. February 24, 1781. 



1780. — January Session. 303 

Chapter 154. 

RESOLVE DIRECTING THE COMMISSARY-GENERAL TO DELIVER QJiQ^y) 154 
SUNDRY ARTICLES FOR THE USE OF THE EASTERN INDIAN ^ ' 

DEPARTMENT, AND GRANTING COL. JOHN ALLEN SIX HUN- 
DRED POUNDS, TO DEFRAY THE EXPENCES OF SAID 
DEPARTMENT, AND REQUESTING THE GOVERNOR TO CON- 
TINUE TO WRITE TO CONGRESS RESPECTING THE EASTERN 
AFFAIRS. 

Resolved, That the Commissary-General be, and he 
hereby is directed, to deliver to Lieut. James Avery, 
agent to Col. Allen, superintendent to the Eastern 
Indian department, one hundred bushels of corn, two 
hogsheads of rum, and one quarter cask of wine, to be 
sent at ditierent times, in such proportions thereof as 
the Governor and Council shall direct ; and that there be 
])aid out of the treasuiy of this Commonwealth, to the 
Commissary-General or his order, to enable him to pro- 
cure the said articles, the sum of one hundred and fifty 
pounds of the new emission. 

And it is also Resolved, That the agents for cloathing 
be, and hereby are directed, to deliver to said Avery 
cloath and trimmings of a suitable quality, sutBcieut for 
forty suits of cloaths, and forty blankets, as a bounty 
for the men ordered to be raised by the resolve of the 
:^8th Jsfoveiuher last, to augment the garrison at Machias. 

And as it ajjpeais by the ?nemorial of Col. Allen, that 
ronsiderable expences have arose by reason of his not hav- 
ing siqiplies in time for which he is indebted: Therefore, 

Resolved, That there be paid out of the treasury of 
this Commonwealth, to Col. John Allen, or his order, 
the sum of six hundred pounds new emission, to defray 
the expences aforesaid, he to be accountable for the 
same. 

And ivhereas the critical state of the Eastern depart- 
ment requires all jwssible attention for its support and 
defence, ivhich is of great consequence not only to this 
Commonwealth, but the United States in general: 
Therefore, 

Resolved, That the Governor be, and hereby is 
requested, to continue to write to Congress, that what 
has been and may be advanced by this Government for 
the support and defence of the Eastern country, may be 
carried to the credit of this Commonwealth. 

February 26,1781. 



30i 1780. — January Session. 



Chapter 155. 

Chap.155 RESOLVE DIRECTING THE TREASURER TO EXCHANGE JABEZ 
HATHAWAY A'SB CYPRO.y WRIGHT'S DEPRECIATION NOTES, 
FOR REASONS MENTIONED. 

Whereas it is represented to this Court, That Jabez 
Hathaway and Cypron Wright, are soldiers in the Con- 
.tinental army and ivere inlisted during the war , for part 
of the quota of this Commonwealth, hut through some 
mistake had their depreciation notes sent, becoming due 
in the last periods of said notes, as though they had 
inlisted for three years only, whereby they are greatly 
disappointed. 

Therefore Resolved, That the Treasurer of this Com- 
monwealth, be, and he hereby is directed to exchange 
said notes, and lodge a receipt in the Secretary's office 
for the same, and give others of the like tenor and date 
in lieu thereof, becoming due in the first periods of 
said depreciation notes, which were given soldiers 
who inlisted during the war, agreeable to the resolves 
of the General Court. February 26, 1 781 • 

Chapter 156. 

Char) 156 resolve discharging the hon. jabez fisher, benjamin 

^' WHITE, AND DANIEL DAVIS, ESQ'RS. LATE A COMMITTEE 

on the PART OF THE COUNCIL FOR CONCURRING AND 
PAYING ACCOUNTS OF THE SUM OF THREE HUNDRED AND 
NINETY-TWO THOUSAND FIVE HUNDRED AND THIRTY- 
SEVEN POUNDS FOUR SHILLINGS AND TEN PENCE, AND 
GRANTING THE SUxM OF FIFTEEN POUNDS NINE SHILLINGS 
AND ONE PENNY, TO SAID COMMITTEE, FOR THE BALLANCE 
DUE TO THEM UPON SETTLEMENT OF THEIR ACCOUNTS. 

W7iereas it is made to appear to this Court, by the 
representation and report of the committee to methodize , 
state and settle public accounts, that Jabez Fisher, Benja- 
min White and Daniel Davis, Esq'rs. late committee on 
the part of the Hon. Council to concur and pay accounts, 
have received from the Treasurer of this now Common- 
wealth, from June \Wi to October Qth, 1780, three 
hundred and ninety thousand pounds, which, with nine- 
teen hundred and nineteen pounds, ballances of sundry 
persons they received, makes three hundred ninety-one 
thousand nine hundred and nineteen pounds ; they have 
also produced to said committee good and sufficient vouch- 



1780. — January Session. 305 

ersfor the expenditure of three hundred ninety thousand 
and ninety-one pounds seven shillings and seven pence, 
and paid into the treasiiri/ nineteen hundred and nine- 
teen pounds, ichich sums, with five hundred and twenty- 
six pounds seventeen shillings and three pence, hallance 
of their late account due to them, makes three hundred 
ninety-two thousand five hundred thirty-seven pounds 
four shillings and ten pence, and leaves a hallance due to 
said committee from the Co7nmonicealth, of six hundred 
eighteen pounds four shillings and ten pence, upon the 
final settlement of their accounts, made this 'ilst of Feb- 
ruary, 1781 : Therefore, 

Resolved, That said committee for concurring and pay- 
ing accounts, viz, Jahez Fisher, Benjamin White, and 
Daniel Davis, Esq'rs. be, and they hereby are fully 
discharged of the fore-mentioned sum of three hundred 
ninety-two thousand five hundred thirty-seven pounds four 
shillings and ten ptence, which they have paid by order of 
Court. 

And whereas it appears hij this final settlement, that 
there is due to said committee a hallance of six hundred 
and eighteen pounds four shillings and ten pence, equal to 
fifteen pounds nine shillings and one penny new emis- 
sion: Therefore, 

Resolved, That there be paid out of the public treasury 
of this Commonwealth, to said committee, the sum of 
fifteen pounds nine shillings and one penny, in bills of the 
new currency, in full of the ballance aforesaid. 

February 26, 1781. 



Chapter 157. 

'^_Ghap.Ul 



RESOLVE DISCHARGING THE COMMITTEE ON ACCOUNTS FOR 
THE SUM OF TEN THOUSAND AND ONE POUNDS TEN SHIL 
LINGS AND NINE PENCE, NEW EMISSION. 

Wliei'eas hy the representation and report of the commit- 
tee for settling the public accounts, it appears to this Court, 
that the committee on the part of the Senate, appointed 
to concur and pay accounts, have received of the Treas- 
urer of this CommonwealtJi, hy warrant from the Gov- 
ernor dated the eighth instant, for ten thousand pounds, 
ivhich, with a hallance of one pound ten shillings and 
nine pence, due from said committee on settlement of their 
last account, is ten thousand and one pounds ten shillings 



306 1780. — January Session. 

and nine pence ; they have also 2'>vocluced to us good and 
sufficient vouchers for the expenditare of ten thousand and 
twelve pounds nineteen shillings and two pence, ichich 
leaves a ballance due to the committee from the Common- 
wealth, of eleven pounds eight shillings, and five pence, 
upon settlement of their account this 2Gth February, 1781 : 
Therefore Resolved, That the committee for paying 
accounts as aforesaid be, and they hereby are discharged 
of the abovementioned sum of ten thousand and one 
pounds ten shillings and nine pence, for the expenditure 
of which they have produced good and sufficient vouchers, 
and that the said Commonwealth be accountable to the 
said committee for the sum of eleven pounds eight shillings 
and five pence, a ballance due from said Commonwealth 
to said committee. February 26, 1781. 

Chapter 158. 

Char) 158 i^esolve directing the committee appointed by a re- 

^ ' SOLVE OF THE 19th JUNE LAST, FOR HIRING MONEY UPON 

ABSENTEES ESTATES, TO MAKE SUCH ALTERATIONS IN THE 
HOUSE OF WILLIAM JACKSOX, AN ABSENTEE, AS WILL BEST 
ACCOMMODATE THE ROOMS APPROPRIATED FOR THE SEV- 
ERAL COMMITTEES AND MESSENGER OF THE HOUSE, AND 
TO LET THE SHOP IN SAID HOUSE. 

Whereas by a resolve of October 2cZ, 1780, one loioer 
room and two chambers in the house of William Jackson, 
an absentee, loas appropriated for the accommodation of 
William Baker, messenger of the General Court, and a 
door and partition ivas ordered to be made for such accom- 
modation, and the committees for methodizing the public 
accounts, &c. And as it ivill be much more for the advan- 
tage of the Commonwealth if the whole of the corner shop 
now improved as an entry for the committee aforesaid and 
others who sit in said building, be let, and an entry made 
through the front of the building for the purpose aforesaid. 

Resolved, That the committee appointed by a resolve 
of the 19th of June last, for hiring money in behalf of 
government upon the absentees estates, be, and they are 
hereby authorized and empowered, to make such altera- 
tions as will best accommodate the rooms appropriated 
for the several committees and messenger of the House 
aforesaid, and to let said shop upon such terms as they 
may judge best for the Commonwealth. 

February 26, 1781. 



1780. — January Session. 307 

Chapter 159. 

RESOLVE DIRECTING THE COMMITTEE ON MUSTER-ROLLS TO (Jfiar) 159 
MAKE UP THE PAY OF THE OFFICERS AND SOLDIERS RAISED ^' 

BY A RESOLVE OF THE 22d OF JUNE LAST FOR THREE 
MONTHS, IN GOLD OR SILVER, OR BILLS EQUIVALENT. 

Resolved, That the committee upon muster-rolls be, and 
hereby are directed, to allow and make up the pay of the 
oiBcers and soldiers which were raised in consequence of 
a resolve of the General Court of the 22d of June last, 
for the term of three months, in gold or silver, or current 
bills equivalent thereto, agreeable to said resolve. And 
said committee are further directed to alter and make 
conformable to the above standard, all such rolls belong- 
ing to said corps as shall appear to have been heretofore 
made up at the rate of forty pa})er dollars of the old 
emission for one of silver. And his Excellency the 
Governor, with advice of Council, is hereby requested 
to grant warrants upon the treasury of this State for the 
sum or sums that shall appear to be due upon said rolls, 
made up and adjusted in manner aforesaid. 

February 26, 1781. 

Chapter ICO. 

RESOLVE EXCUSING THE TOWN OF FRYBURG FROM RAISING QJidj) ICQ 
THREE MEN OF THE QUOTA ASSIGNED THEM BY A RESOLVE ^ ' 

OF DECEMBER 2, 1780. 

The committee appointed to take into consideration the 
requisition for men laid on the town of Fryburg, bi/ a 
resolve of the General Court of the '2d q/" December, 1780, 
have attended that service, and it appears to your com- 
mittee that the toion of Fryburg have more men required 
of them than their proportion, therefore, heg leave to report 
hy way of resolve. 

Ttesolved, That the town of Fryburg be, and they 
hereby are excused from raising of three men of the 
quota assigned them by the resolve of December 2d 
aforesaid. February 26, 1781. 



Chapter 161. 

RESOLVE AUTHORIZING THE CLASSING OF MEN IN THE 
SEVERAL DEFICIENT TOWNS AND PLANTATIONS IN THIS 
COMMONWEALTH, FOR THE ARMY, 

Whereas it is of the utmost importance that the quota of 
men required by a resolve of the 'id of December last, be 



Chap.lQl 



308 1780. — January Session. 

speedily cotrvpleated ; and as the mode of classing has been 
more successful in ^^rocuring the men than any other 7neas- 
ure: Therefore, 

Hesolved, That the assessors of every deficient town 
and plantation, together with the commanding-officer of 
each militia company, where the mode of classing has 
not been adopted, be, and they hereby are authorised 
and directed immediately upon the receipt hereof, to 
class their inhabitants and such others as are liable by 
law to pay taxes within the same, into as many classes 
as shall be equal to the number of men deficient in such 
town or plantation, agreeable to the rules and directions 
given by the said resolve of the 2d of December, unless 
it shall so happen that by the rule established in said 
resolve, it .shall be the share of some one or more indi- 
viduals to procure more than one man each, in which case 
the number of classes may be reduced conformably to 
such case or cases : 

Provided nevertheless, If any such town or plantation, 
in consequence of the resolve of December aforesaid, any 
person or persons shall previously have procured a man 
or men for three years or during the war, or shall have 
advanced money, &c. for that purpose, he or they shall 
be exempted from being classed so far as the money 
advanced or soldiers procured is the proportion in the 
judgment of the assessors, or such committee as the town 
shall appoint for that purpose, he or they ought to furnish 
of the quota required ; and in case any such class as may 
be formed in consequence of this resolution, or such as 
have been heretofore classed agreeable to the recom- 
mendation in the said resolve of December, shall procure 
a man on or before the 25th day of March next, they 
shall not be held to pay any part of the penalty incurred 
by such town or plantation for not procuring their men 
by the 20th of February instant, and every delinquent 
class or individual thereof shall be assessed and proceeded 
with aijreeable to the directions g-iven in the said resolve 
of December ; and if any assessor or commanding officer 
shall neglect the duties enjoined upon them by this resolve, 
they shall individually forfeit to the use of this Common- 
wealth, the sum oi fifteen pounds for each and every man 
that shall be wanting to compleat the quota of men 
required of such town or plantation, to be sued for in 
an action of debt by the Superintendent in the same 
county, in any court proper to try the same : 



1780. — January Session. 309 

And whereas it has hap2'>ene(l already, and may here- 
after happen, that some persons loho icere taxed in the hard 
money tax may he dead, or out of the Commonwealth at 
the time of classing as aforesaid, and other persons may 
have re^noved into some of the toivnsofthis Commomvealth, 
so that the tax aforesaid cannot in all cases he a rule for 
classing as aforesaid. 

Resolved, That such alterations as may be necessary 
from any of the causes aforesaid, or any other unfore- 
seen accident, may be made by the assessors and militia 
officers aforesaid. February 26, 1781. 



Chapter 163. 

RESOLVE AUTHORIZING THE PRESIDENT OF THE SENATE AND QJian 162 
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO ^ " 

SIGN THE ADDRESS TO THE INHABITANTS OF THIS COMMON. 
WEALTH, AND DIRECTING THE MODE OF DISPERSING SAID 
ADDRESS IN THE SEVERAL TOWNS. 

Whereas an address to the inhabitants of this Common- 
icealth has been formed, and it is expedient that the same 
he authenticated and made public: Therefore, 

Resolved, That the President of Senate and the Speaker 
of the House of Representatives be, and they hereby are 
directed to sign the same in behalf of the General Court. 

And it is further Resolved, That the Secretary be, and 
he hereby is directed, to procure printed nine hundred 
copies of said address, and nine hundred copies of two 
acts of the General Court, passed the present session — 
one entitled " An act for repealing certain parts of an act 
for postponing the payment of the debts of Government, 
&c." — the other, "An act for supplying the treasury with 
four hundred thousand pounds." And that said copies be 
dispersed as follows, viz. One of each to the Governor, 
Lieutenant-Governor, and Council, and to the Members 
of the General Court — one of each to the clerks of 
towns, districts and plantations ; the remainder to the 
selectmen of the several towns, &c. to be dispersed by 
the Secretary in proportion to the number of polls in 
each town, &c. And the clerks of said towns, districts 
and plantations, are hereby ordered to read said address 
and acts publicly, at the first meeting that shall be held 
after their receiving the same respectively. 

February 26, 1781. 



310 1780. — January Session. 



Chapter 163. 

Ckap.l6S TO THE INHABITANTS OF THE COMMONWEALTH OF MASSA- 
CHUSETTS. 

The Representatives of this Commonwealth in General 
Court assembled, with the most sincere and warm regard 
for your happiness, think it their duty to address you at 
the present important crisis of public atfairs. 

We do not believe that you have lost or can lose sight 
of the GRAND OBJECT for which you were compelled, 
reluctantly, to draw the sword ; and we think it necessary 
to inform you that Britain, amidst all her disappointments, 
. has not i/et intimated an assent to that INDEPENDENCE, 
which violated faith and infringed charters first rendered 
necessary, and which a just regard to our future safety 
and well being now makes an indispensible preliminary of 
peace. 

The magnanimity, firmness and intrepidity which you 
manifested in opposing at every hazard the power exerted 
to plunge America into ruin, commanded the applause and 
astonishment of Europe — powerful monarchies became 
allied to you by interest and affection — The animated 
struggle of six years successful warfare has enhanced 
your national character, and, on your part, done honour 
to human nature, while it has covered your enemies with 
disgrace and confusion. 

We are sensible that in dispair of conquest, having 
recourse to art, they are using every possible means of 
deceit ; and that there are designing and mischievous men 
among you, who, envious of that happiness which must 
result from the establishment of our Independence, are 
endeavouring, under the guise of friendship, to prejudice 
you against the measures of Government, and to check 
your generous pursuits. 

The sums necessary for the services of the current year 
(exclusive of raising the men and the supply of beef, 
respectively assessed upon the towns) are as follow. 

For shirts, shoes and stockings, for the Massachusetts line, . £20,200 
To pay for cloathing from Europe, already purchased, and 

charges, 6,000 

To import cloathing from ditto, 20,000 

To pay for offlcers cloathing, noiv due to them, . . . 12,000 

To discharge part of the j)ri7icipal of the jyublic debt, . . 50,000 

To purchase small stores for the army , 11,000 

Money required by Congress for payment of the troops, &c. &c. 86,000 



1780. — January Session. 



311 



Ditto, to discharge Quarter-Master'^ s certificates, . 

To discharge interest on the dejjreciation notes, and such of 

them as become clue in a few days. 
To pay interest on the securities of government, 
For the sttpjjort of civil government. 
For the Commissary-OeneraVs office. 
For the stcpjilies of forts and garrisons, 
To discharge the debts due from the late Board of War, 
To pay interest on hard money notes. 
To j^rocure 13,000 bushels of salt, . 
Ditto — 74,500 gallons of rum, ... 
For redeeming one seventh part of the new money 
To procure two thousajid barrels of pork. 
To pay for transportation of rum., salt and pork. 
Motley for sundry charges of the war, not enumerated. 



£64,000 

95,000 

118,000 

30,000 

30,000 

40,000 

12,500 

6,000 

9,750 

18,625 

66,000 

16,000 

16,000 

212,000 



(in specie, £939,075 

Amounting in the whole to ni7ie hundred and thirty-nine 
thousand and seventy-five pounds, in specie. The means 
for the payment of which, as we conceive, may best be 
obtained in the following: manner. 



By loan on the supply bill, 

The silver-money tax now collecting 

The surplus of beef, appro2:)riated to the supply of pork. 

By the shoes, stockings, &c. proportionably levied 07i the 

several towns, 

By the sale of confiscated estates, . 
By excise on articles of consumption. 
By a tax on polls and estates. 
By a lottery for the purchase of cloathing. 



£400,000 
72,000 
16,000 

20,200 
40,000 
50,875 
320,000 
20,000 



(in specie, £939,075 

We doubt not your most strenuous exertions for su[)- 
plying the requisition for beef in due season, when you 
reflect but for a moment on the cruelty and injustice of 
neglecting our brethren in the field, while you are living 
comfortably at home. 

The necessity of a seasonable, full, and permanent army, 
the uncertainty of temporary levies, and the great addi- 
tional expence of procuring them, with the necessary 
delay and extraordinary charge incident to the common 
modes of inlistment, fully demonstrate the expediency 
of immediately classing the inhabitants for the purpose 
of compleating our proportion of the army — a measure 
which (we are well informed) has been attended with 
happy success. 

The money arising from confiscated estates, together 
with the hard money tax now in the hands of the col- 



312 1780. — January Session. 

lectors, will be applied to the payment of interest on 
government securities, and of such depreciation notes as 
shall first become due. 

It will be enquired how the sixty-six thousand pounds 
raised as a fund for the redemption of one-seventh part 
of the bills of the new emission can be disposed of 
consistently with the solemn engagement we entered into 
prior to their being issued. 

The enquiry we are sensible is natural, and evidences 
that concern for the support of the public faith which 
gives dignity to the Commonwealth and security to its 
members. 

When Congress entered into the resolution of emitting 
those bills, the common exchange between the old Conti- 
nental money and hard was forty of the former for one 
of the latter, and bills of the new emission were to be 
received at the same rate as specie. This fixed an idea 
that one new dollar was worth forty old ones and no 
more ; and thus the latter was unhappily adopted as a 
standard for the former, instead of keeping the new 
money on a par with hard, which before the new money 
could be thrown into circulation, was exchanged for 
seventy-five instead of forty of the old. 

Some difficulty, you may remember, attended the issu- 
ing the new money and giving it credit among you, even 
at the rate of one for forty ; which was and now is but 
eight fifteenths of the value at which it must be redeemed, 
and the interest of five per cent be paid. 

At this rate each bill of the new emission now in circu- 
lation was issued, and thus a loss of seven fifteenths of 
each dollar has been sustained. 

From this view of the matter we were induced to order 
the Treasurer to retain in his hands and deface one- 
seventh part of the new bills designed to have been issued 
— A measure by which your interest is evidently pro- 
moted ; inasmuch as you are thereby freed from the loss 
above mentioned, and save the five per cent, at the same 
time that our public faith is strictly preserved ; for if the 
one-seventh part of the new emission is never issued, the 
sixty-six thousand pounds raised for its redemption are 
certainly at our own disposal ; the money not being- 
issued, a fund cannot be w^anted to redeem it. 

The Treasurer is directed to horvo^Y four laindr^d fJiou- 
sand pounds in mone}^ merchandize and produce : And 



1780. — January Session. 313 

in order to induce you to lend freely, a subscription will 
be opened, and the money, merchandize and produce, as 
they may be respectively sul)scribed, are to he paid in 
quarterly payments ; whilst the whole sum is to draw 
interest from the day of subscription. But notwithstand- 
ing these peculiar advantages, and that a bounty of four 
per cent, is offered to the lenders, we are persuaded that 
still higher motives will influence you to supply the sums 
which may be necessary. 

Though you might suppose that by putting your 
money into trade you would make a much greater ad- 
vancement of your interest, yet you cannot but recollect 
that if your arm}', for want of supplies, should quit the 
field, and no other alternative is left you but subjugation, 
such gain would serve only to enrich the minions of a 
conqueror, and add pain to the reflection that once you . 
were rich. 

But should it be said, that you have freely lent your 
substance to Government from an expectation of being 
supported upon the interest solemnly promised you, that 
those promises have not been complied with, and that 
your expectations are thereb}' disappointed. 

We answer that these reflections are melancholly and 
severe — but should the cause of your distresses be re- 
moved, and you be persuaded that none of them, however 
multiplied they may have been, arose from the principles 
of injustice on the one hand, or inattention to the public 
weal on the other, but from a want of acquaintance with 
the operation and efl'ects of a paper medium, we should 
be doing injustice to your patriotism and virtue to doubt 
of a restoration of your confidence in the pul)lic faith. 

That right may be done to all the creditors of Govern- 
ment, we have repealed the paragraph of the law which 
postponed the payment of their debts to a distant period, 
and a clause in the same act making the money of the new 
emission a tender at another rate than its real value ; and 
are making provision for the just and punctual payment of 
that interest which has been solemnly promised. 

The value of mone}', which is but a representative of 
property, will ever be regulated by the common consent 
of the people at large ; hence the attempts of any legisla- 
ture to regulate it must prove abortive : long experience 
has put the truth of this observation beyond dispute. 

We have now made the paper currency a tender accord- 



314 1780. — January Session. 

ing to the value established by yourselves in your mutual 
commerce — the method in which this value is to be liqui- 
dated and ascertained will appear from the act making it 
a tender, and in which due provision is made to defend 
poor debtors from the rigor of unreasonal)le creditors : 
your confidence in the wisdom and integrity of the Jus- 
tices of the Supreme Judicial Court will, we hope, make 
this method agreeable. 

As the late tender act stood, a debtor might, under the 
sanction of law, deprive his creditor of seven fifteenths of 
his .property, without remedy — than which nothing could 
be more iniquitous. 

Great wrongs, it is too notorious, have been done to 
individuals ; and the burdens of supporting the w^ar have 
been very unequal. Justice therefore, manifestly dictated 
a repeal, which was also found necessary on other consid- 
erations. For the circumstances of the army the year 
past, are well known to have been such, as demanded 
instant and effectual relief. This could be effected only 
by taxation and loaning. 

The former has been of late practised to an extent 
which the legislature would have gladly declined, could 
it have consisted with the public safety. 

The latter was utterly impracticable, while the laws of 
the land denied to the lender his right. 

If therefore, honesty is the best policy — if righteous- 
ness exalteth a nation, we conceive the salutary effects of 
this measure will be manifest, and its policy — its justice 
— and its necessity, will be felt and acknowledged by the 
community. 

Our public debt does not exceed twelve hundred thou- 
sand pounds. This is not more than double the sum 
you paid the last year in taxes ; and but one seventh of 
the interest that arises annually on the national debt of 
Britain. 

We acknowledge our debt is considerable, but when we 
contemplate the important object for which it v;as con- 
tracted — when you consider the constant increase of 
numbers, and that we are even now more numerous by 
several thousands than we were at the commencement of 
the present war — when you consider the extending settle- 
ments and copious resources of the country — and look 
forward to the free commerce thereof, which established 
by a peace on American principles, will insure a degree 



1780. — January Session". 315 

of affluence, at least sufficient to enable you to discharge 
your debts, and fully adequate to the welfare of a people. 
— We cannot but conclude that you will consider the 
debt much lighter than might have been expected ; and be 
relieved of all anxiety about your future circumstances. 

There will still remain a deficiency of tJtree hundred 
and twenty tliousand pounds, which must be provided for 
by taxes upon polls and estates — but considering the 
amount of those already issued and now collecting, with 
the burdens on our constituents by reason of compleating 
the army, and supplying the requisitions for victualling 
them, we have thought it expedient to postpone the act 
for levying the same, until the next session of the General 
Court. 

Little, if any thing, need be said, to convince you of 
the reasonableness, utility, or necessity of making season- 
able provision for complying with this measure. 

This tax does not amount to more than half the taxes 
of the last year — The whole will not be called for at 
once, but in half yearly payments. 

And although we are far from regardino- it as small or 
inconsiderable, yet taking into view its important objects 
— the defence of the State against invasion — the payment 
and supplies of the army — the restoration and establish- 
ment of the public credit, and facilitating the loans — and 
that even our political existence may depend on this exer- 
tion ; we cannot entertain a suspicion that the free citizens 
of this Commonwealth will hesitate a moment upon the 
subject, but assure ourselves that they will rather antici- 
pate than postpone their payments. 

In the mean time, while the proposed tax is suspended 
for the relief of the subject, the exigencies of government 
are such as render it absolutely necessary that the taxes 
now out, should be immediately collected and paid in ; 
and it will afford a miserable consolation to a friend of 
his country, that a temporary relief from one tax had 
taken off the general attention to another, in consequence 
whereof the supplies had ceased, the army been dis- 
banded, and the country enslaved. — Wherefore we con- 
jure yoii, by all the ties of honor and patriotism, to give 
up every consideration of private advantage which you 
may propose to yourselves from the improvement of the 
money already assessed, and that without delay the same 
be paid into the treasury ; as it is impossible to support 



316 1780. — January Session. 

an army if the people withold their taxes. — Let it on the 
contrary be evident, that the freemen of Massachusetts 
are animated by the same principles which inspired them 
in the early stages of the contest, and that the salvation of 
their country absorbs every other object — thus shall we 
dash the last hope of our enemy, founded as it is upon the 
inattention and avarice of any part of the community. 

Thus have we, with all possible simplicity, and in the 
fullest manner, disclosed to you the real situation of our 
public affairs, our plans, and the reasons of them. 

And may we not, on a review of them, with confidence 
and pleasure ask you, whether any consideration of per- 
sonal ease or mistaken ideas of interest, can induce you 
to neglect the support of that glorious fabric of Freedom 
which is founded in the blood of your dearest connec- 
tions, and reared by unexampled efforts of fortitude and 
patriotism. 

Happy are we in finding among the numerous inhalji- 
tants of this free and independent State, so very few whose 
powers of discernment and means of information are such, 
as to expose them to fall a prey to the artifices of the 
enemy, and entertain an idea of returning to a state of de- 
pendance on Britain: But in tenderness to those unhappy, 
misguided persons, we beg your indulgence while we sug- 
gest a few considerations, which you might otherwise justly 
resent as an insult upon a virtuous and enlightened people. 

Great-Britain would receive the submission of America 
as a success due to the justice of their cause ; and while 
they triumphed in our wrongs, would burden us with the 
many millions hitherto lavished in vain attempts to sub- 
jugate us, and to wrest from us the rights of human 
nature — Contempt would crowd upon misfortune, and 
insult be added to injury — National honor at an end, 
no foreign power would aid our quarrel or relieve our 
distress — And our latest posterity, miserably expiring, 
would execrate our memories, while they reproached our 
perfidy and baseness. In addition to this, France and 
Spain, the generous avengers of our injuries, whose blood 
and treasure have been profusely expended in our 
defence, thus insulted and abused by a breach of compact, 
would be fully authorised by the laws of nations in taking 
exemplary vengeance on our defection. 

Another consideration presents itself to our view and 
demands the most serious attention. Our brethren of 



1780. — January Session. 317 

the army, from a firm reliance on our first declarations, 
which pledged to them our lives and fortunes for mutual 
support, can never be abandoned — they have hitherto 
borne, with patient expectation of better days, the toils 
of military duty. — Much is due to their virtuous firmness 
and perseverance — rendered as they are by their exer- 
tions peculiarly obnoxious, they can have no hope but 
what centers in the happy completion of our Independence. 
Let it be our care to second their generous efforts, and 
pay that tribute to their services, which so much merit 
exacts, and which our plighted faith requires as a debt of 
justice from ourselves. 

We are no strangers to the designing whispers of our 
enemies, which, circulated with sedulous industry, as well 
in Europe as America, would lead the world to believe, 
that the terms of reconciliation ofl:ered by Britain, were 
such as the honor and interest of the continent would 
have been consulted by accepting. 

To defeat these insinuations, we need only remark, 
that even the speciousness of appearances could not con- 
ceal the f^dlacy of their designs. The parliament of 
Britain reserved to themselves the controul of every 
eno;ao;ement which their commissioners mioht enter into. 
Under this restriction, had every proposition which their 
commissioners made been acceeded to by us, or proposals 
the most honorable been made by us and acceded to by 
them, and finally disapproved of by their Parliament, we 
should, when too late to remedy the evil, have found our- 
selves duped by the arts of negociation — resting upon 
professions which had no other views to accommodation, 
but such as were founded on a hope, that, our army being- 
disbanded, and our people lulled into a fallacious security 
by false promises, we should no longer be alile to make 
head against their reiterated attacks. 

Nor was even this shadowy system adopted, until our 
foreign connections, which the pride and obstinacy of 
Britain had induced us to contract, were entered into and 
fully ratified, and from which neither honor as a nation, 
nor honest}^ as individuals would suffer us to recede. 

An honorable peace cannot be obtained but at the point 
of the sword ; for the insolence of our enemies claims, 
and the measure of their barbarities have ever been pro- 
portioned to their ideas of our strength and resources : 
Should we then basely lay our swords at their feet, can 



318 1780. — January Session. 

we entertain a doubt, but that after plunging them into 
our bosoms they would foljricate them into shackles for 
our sons. This persuasion alone should rouse up all that 
is American within you, and stimulate to every exertion 
of your abilities (for compleating your army and provid- 
ing amply for its support) which the dread of slavery, 
the dictates of religion and the sensations of honor and 
humanit}-^ can inspire. 

If, in the first stages of this glorious contest, the free- 
men o^ America, undisciplined and unprovided, destitute 
of internal resources or foreio-u connections, and having' no 
government but such as was exercised by common consent 
from day to day, could successfull}^ oppose the armies of 
Britain, it follows by irresistable conclusion, that, taught 
by experience the art of war, furnished with every thing- 
necessary for its continuance, and supported by the energy 
of an excellent political constitution, we cannot fail, by a 
junction of our own powers, Jionorably exerted, with the 
proffered aid oi Europe, under the auspices of Heaven, to 
secure our Independence and all its attendant blessings. 
But if, with victory, peace and lilierty full in our view, 
we permit either averice or indolence to deprive us of 
them, we deserve to suffer, beyond the example of an}* 
other people, all the miseries of slavery, contempt and 
insult, which a merciless conqueror can inflict. 

Being your brethren, honored with your suffrages, in a 
day of danger and adversity, we could not reconcile it to 
our duty, or the affection we bear you, to be silent at the 
present most important crisis. 

JEREMIAH POWELL, \ ^ n j jr f 

President of the Senate. Y'L^T'^.^l 
CALEB DAVIS, ( clurt 

Speaker of the House of Represeyitatives. ) 

February 26,1781. 



Chap.W4: 



Chapter 164. 

RESOLVE DIRECTING THE TREASURER TO FAY JOSEPH BAKER 
UPON THE ^V ARRANT GRANTED HIM BY A RESOLVE OF THE 
21sT OF FEBRUARY LAST, OVT OF THE MONEY ADVANCED BY 
NATHANIEL APPLETOX, ESQ; OF ONE HUXDRED THOUSAND 
DOLLARS. SOME TIME SINCE. 

Wliereas the General Assembly of this Commonwealth, 
hy their resolve of the '2\st day of February instant, 
advised Nathaniel Appleton, Esq ; to advance to the Treas- 
urer 'of this State^ei^t thousand pounds of the new 



1780. — Januaky Session. 319 

emission, five thousand pounds of which was ordered to he 
paid to Joseph Baker, Esq; for salted provisions now in 
the hands of the said Baker, yb?' which sum the said Baker 
hath obtained a warrant on the Treasurer of this Common- 
iveaJth. And ivhereas Nathaniel Appleton, Esq; declines 
issuing the money aforesaid on the aforesaid recommenda- 
tion, therefore^ 

Resolved, That the Treasurer of this Commonwealth 
be, and he hereby is directed, to pay to the said Joseph 
Baker, on the warrant aforesaid, the sum of five thou- 
sand pounds, out of the sum of one hundred thousand 
dollars advanced by the said Nathaniel Appleton, Esq ; 
to the Treasurer, by virtue of a recommendation of the 
General Assembly of this Commonwealth, some time 
since, if so much of the said last mentioned sum remains 
in his hands ; if not, to discharge said warrant with an}^ 
other monies of the new emission he may have in the 
treasury aforesaid. February 27,1871. 



Chapter 165. 

RESOLVE ALLOWING PAY TO MOSES GUNy, FOR HIS ATTEND- CJJtnv 165 
ANCE AND TRAVEL AT THE GENERAL COURT IN THE ^ ' 

YEAR 1777. 

Whereas Moses Gunn, representative for the town of 
Montague, in the year \111 , attended his duty in said 
house for 15 days in that year, in the May aud ^oyevoi- 
hev sessions, for which, and one travel, he hath not been 
made up in any pay-roll : 

Resolved, That he the said Moses Gunn be made up in 
the pay-roll of this session, for the 15 days attendance 
and travel aforesaid, at the same rate as other members 
are made up, and that the same be charged to the town 
of Montague in the next tax. February 27, 1781. 



RESOLVE INTITLING ASA WARE TO HALF PAY AS A SOLDIER 
TO COMMENCE JUNE 13th, 1780. 



Chapter 166. 

ChapAQQ 

On the representation of John Lucas, commissary of 
continental pensioners, in behalf of K^a Ware, a soldier 
in the continental army, who lost his arm in an action at 
Monmouth, 2Uh June, 1778 ; 

Resolved, That the said Asa Ware is entitled to half 
pay as a soldier, to commence June 13th, 1780, the 
time of his discharge. February 27, 1780- 



320 1780. — January Session. 



Chapter 167. 

Chap.167 RESOLVE directing the secuetary of this common- 

WEALTH TO PUBLISH THE SEVERAL RESOLVES FOR CLASS- 
ING THE INHABITANTS OF THE SEVERAL TOWNS, PASSED 
THE PRESENT INSTANT. 

Resolved, That the Secretary of this Commonwealth be, 
and he liereby is directed, forthwith to publish the several 
resolves respecting classing the inhabitants of the several 
towns within this Commonwealth, passed the present 
instant, by directing one to the selectmen of each town 
respectively, and to forward them by the express that 
carries the address, &c. February 27, 1781. 

Chapter 168. 

CkaV 1C8 RESOLVE DIRECTING THE TREASURER TO BORROW OF THE 
■^' CONTINENTAL LOAN-OFFICER, SIX THOUSAND DOLLARS OF 

THE NEW EMISSION, AND TO PAY THE SAME TO MR. MILLER, 
TO ENABLE HIM TO PAY TEAMSTERS. 

Resolved, That the Treasurer be directed to borrow of 
the Continental Loan Officer, six thousand dollars of the 
new emission, and that he be directed to pay the same 
into the hands of Mr. Miller, to enable him to pay the 
teamsters who have been employed by him in the ser- 
vice of this State ; and the Treasurer is hereby further 
directed to repay the money he may borrow, as soon as 
a sufficient sum shall be brought into the treasury. 

February 28, 1781. 

Chapter 169. 

Chan 1G9 RESOLve directing george Godfrey, esq; to receive of 

^ ' the committee for PURCHASING CLOATHING, CERTAIN 

ARTICLES OF CLOATHING, AND TO RETURN THE LIKE NUM- 
BER THAT ARE GOOD AND MERCHANTABLE. 

WTiereas there has been a quantity/ of cloathing received 
from George Godfrey, Esq; agent for the county o/" Bris- 
tol (ivho loas directed to inspect the same) that is not 
merchantable : Therefore, 

Resolved, That George Godfrey, Esq ; be, and hereby 
is directed, to receive of JSbenezer Wales, Esq ; and 
Capt. A7nasa Davis, the committee for purchasing cloath- 
ing for the army, the following articles of cloathing 
(by him delivered to them) viz. — 2 shirts, 130 pair 



1780. — January Session. 321 

of shoes, 20 pair of hose, and 43 blankets, and return 
without delay, an equal number of each of said articles, 
that are good and merchantable, to the committee 
aforesaid, or pay into their hands a sum of money 
equal to the whole amount of what is allowed by the 
committee on accounts for the articles aforesaid. 

February 28, 1781. 



Chapter 170. 



A GRANT OF THIRTEEN POUNDS TO JOHN NEWBET, FOR 
EXPENSES INCURRED BY HIS SON'S LOSING HIS ARM IN 
BATTLE. 

The committee who were appointed to take into consider- 
ation the petition of John Newbet, praying for a sum 
of money to enable him to pay the expences incui^red by 
his son's losing his arm in a battle with the enemy at 
Penobscot, report the follovjing resolve: 

Resolved, That there be paid out of the treasury of 
this Commonwealth to John Newbet, the sum of thirteen 
pounds, in bills of the new emission, in full for all sur- 
geon's bills and other expences incurred by the loss of 
his arm in the battle aforesaid. February 28, 1781. 



Chap.170 



Chap.171 



Chapter 171. 

RESOLVE APPOINTING CAPT. RICHARD WARD MUSTER MASTER 
FOR THE COUNTY OF ESSEX. 

Whereas Major Joseph Hi Her, one of the Muster Mas- 
ters for tlie 'county q/" Essex, proposes to remove out of 
said county, by wliich means great injury luill ar'ise 
unless some person is appointed in his room: 

Resolved, That Capt. Richard Ward be, and he 
is hereby appointed a Muster Master for said county, 
to have and exercise the same authority as was given to 
said Hiller, or any other Muster Master in said county, 
by the resolves of this Court passed in December last. 

February 28, 1781. 

Chapter 173. 

A GRANT OF ONE THOUSAND POUNDS TO JOHN LUCAS, fJir/^j 179 
COMMISSARY OF PENSIONERS. \ylU p.l. 

The committee to whom was committed the memorial and 
representation of John Lucas, commissary of pensioners, 



322 1780. — January Session. 

have considered said memorial and representation, and 
report the following resolution : 

Resolved, That there be paid out of the treasury of 
this Commonwealth the sum of one thousand pounds, in 
bills of the new emission, to John Lucas aforesaid, to 
pay the pension due to those pensioners whom this 
Court have allowed and approved of, he to be account- 
able for the expenditure of the same. 

February 28, 17 SI. 



Chapter 173. 

Chan.Yl^ RESOLVE directing the treasurer to receive seven 
^' state notes of the muster-master of the county of 

cumberland. 

Wliereas there are seven State notes, each of the value 
of ten pounds, of the folloioing numbers, and dated 
January 15, 1111— No. 5960,9972,5958,9975, 1841, 
5955, 5913, and said notes are endorsed ivith four pounds 
ten shillings on the hack of each by the Muster Master of 
the county of Cumberland, with a design to have been 
given to such soldiers as should not find their oivn guns; 
and it apjjearing to this House that said notes ivere never 
given to any soldier for that purpose: 

It is Resolved, That the said notes be returned to the 
Treasurer of this Commonwealth ; and the said Treas- 
urer is hereby directed to receive said notes as though no 
such endorsement had ever been made. 

February 28, 1781. 



Chapter 174. 

CJ n ^71 RESOLVE DIRECTING THE SECRETARY TO FURNISH THE 
Kjnay.H'k PRINTER TO THE GENERAL COURT, WITH A COPY OF ALL 
THE RESOLVES PASSED SINCE THE COMMENCEMENT OF THE 
NEW CONSTITUTION, AS ALSO THE CLERK OF THE SENATE 
AND HOUSE OF REPRESENTATIVES, TO FURNISH SAID 
PRINTER WITH AN AUTHENTIC COPY OF THE JOURNALS OF 
THE SAID GENERAL COURT. 

Resolved, That the Secretary of this Commonwealth, 
be, and he is hereby directed, to furnish the Printer 
who prints the resolves, with a copy of all the resolves 
of the General Court since the commencement of the 
new Constitution, as soon as may be, also that the Clerk 



1780. — January Session. 323 

to the Senate and the Clerk to the House of Representa- 
tives, be, and they are hereby directed, to furnish the 
Printer, to each House respectively, with an authentic 
copy of the Journals of said House, and properly 
arange the same, until said General Court was duly 
organized with the name of each member, and from 
what town returned for, and that the book of resolves 
be prefaced with the following words, — The Journals 
of the General Court of the Commonwealth of Massa- 
chusetts, until the organizing of each House was com- 
pleated under the new Constitution, together with the 
resolves of the General Court, begun and held at Bos- 
ton, in the county of Suffolk, on Wednesday the 25th 
day of October, Anno Domini, 1780. 

March 2, 1781. 



Chapter 175. 

IN SPECIE,' TO THE njfrfj) 175 
HONORABLE GENERAL LINCOLN. i^ttujj. ^ 

Whereas his Excellency General Eochambeau, has de- 
sired that the Honorable General Lincoln may be apj)ointed 
to take the command of the troops to be sent to Rhode- 
Island, by a resolve passed this day: 

Resolved, That there be paid to the Honorable General 
Lincoln, to enable him to proceed forthwith on said com- 
mand, out of the treasury of this Commonwealth, the 
sum of two hundred pounds, in specie, he to be account- 
able for the same. February 28, 1781. 



Chapter 176. 

RESOLVE REPEALING A RESOLUTION OF THE GENERAL COURT 
PASSED JUNE 23d, 1779, QUIETING WIN WOOD SERGEANT IN 
THE POSSESSION OF A CERTAIN HOUSE AND LAND. 

Resolved, That the resolution of the General Court of 
this Commonwealth, of June 23d, 1779, quieting Win- 
ivood Sargeant in the possession of the house and land, 
prayed for in the petition of Samuel Parker, agent and 
attorney to said Sargeant, be and hereby is repealed. 

February 28, 1781. 



Chap.176 



324 1780. — January Session. 

Chapter 177. 

Chap.VJl RESOLVE DIRECTING THE JUDGES OF THE SUPREME JUDICIAL 
' COURT, TO PROCEED TO LIQUIDATE THE INTEREST AND 

PRINCIPAL DUE UPON THE DEPRECIATION NOTES, BY THE 
RETURNS OF THE AVERAGE PRICE OF SHEEPS-WOOL, SOLE- 
LEATHER, &c. 

Wliereas the Justices of the Supreme Judicial Court, 
are appointed to adjust the interest and principal due 
upon the notes given to mal:e up the depreciation of the 
money to the army, and are directed to liquidate the 
same according to the returns from the several parts of 
the State, of the average price of sheeps-tvool, sole-leather, 
Indian-corri and beef; but said returns being not all made, 
and it being necessary that the said interest and principal of 
the notes due on the first of March next, shoidd be settled: 
Therefore, 

Resolved, That the said Justices proceed to liquidate 
the said interest and principal, by the returns already 
made, taking into consideration at the same time, what- 
ever certain information they may be able to obtain 
from those parts of the State from whence no returns 
are made. February 28, 1781. 

Chapter 178. 

Chap.178 RESOLVE requesting his excellency the governor, 

^' with the advice OF COUNCIL, TO DETACH TWELVE HUN- 

DRED MEN FROM THE MILITIA IN THE COUNTIES OF PLY- 
MOUTH, BRISTOL, SUFFOLK AND MIDDLESEX, FOR THE 
DEFENCE OF RHODE ISLAND, AND TO ORDER A SUFFICIENT 
QUANTITY OF PROVISIONS FOR SAID TROOPS, AND TO 
REQUEST GENERAL LINCOLN TO TAKE THE COMMAND. 

Whereas it appears by a letter from General Eocham- 
beau, that there is reaso7i to expect a sudden attack from 
the British troops upon the State of Rhode-Island : 

Therefore Resolved, That his Excellency the Governor, 
with the advice of Council, be impowered to order 
twelve hundred men properly officered to be imme- 
diately detached in this Commonwealth for a term not 
exceeding forty days, to march forthwith to Tiverton, or 
such other routs as his Excellency shall order, and to 
proceed to JSfeuport in Rhode Island, the above men to 
be detached from the counties of Plymouth and Bristol, 
Col. GilVs and BuUard's regiments, in Suffolk, Col. 



1780. — January Session. 325 

Tyler's in Worcester and Col. Perry's, in Middlesex, 
and not to exceed those limits, the men aforesaid to 
take with them three days provision. 

And it is further Resolved, That his Excellency with 
advice of Council, be impowered, to order any number of 
the militia of this Commonwealth, to hold themselves in 
readiness to march at a minute's warning, and when he 
shall judge it necessary, to march them to such part of 
the State of Bhode-Island, as he shall judge necessary. 

And it is further Resolved, That his Excellency with 
advice of Council, be impowered to order one hundred 
and fifty barrels of beef on to the State of Rhode Island, 
from Joseph Baker, Esq ; and one hundred and fifty bar- 
rels of flour or meal equivalent, from the Commissary- 
General of this State, to be sent forward inmiediately, 
and to draw a warrant upon the treasury of this State, 
for monies to purchase said flour if not on hand, and to 
furnish such other provisions as may hereafter be neces- 
sary, also to appoint some suitable person or persons to 
supply the aforesaid troops with potatoes or other vege- 
tables, and fuel, and to lay their accounts before the 
committee on accounts for payment. 

Resolved, That his Excellency the Governor with ad- 
vice of Council, be requested to desire General Lincoln, 
to take the command of the aforesaid troops, agreeable to 
the request of his Excellency General Rochambeau. 

Resolved, That the aforesaid troops, and any others that 
may be ordered on as aforesaid, shall receive such pay 
and rations as the General Court shall hereafter order. 

February 28, 1781. 

Chapter 179. 

RESOLVE REPEALING THE SEVERAL RESOLVES PASSED THE ChaV.VId 
GENERAL COURT, FOR CHARGING AND ALLOWING INTEREST ^' 

IN RECEIVING AND PAYING THE BILLS OF THE NEW EMIS- 
SION—PROVIDED NEVERTHELESS, &c. 

W7ie7^eas the several resolves of the General Court lohich 
relates to the charging and alloiving interest in receiving 
and paying the bills of credit of the neio emission, have 
already been productive of many embarrassments, incon- 
veniences and perplexities, and in divers instances, mani- 
fest injustice, lohich at the time of passing those resolves, 
were not foreseen : And whereas it is probable that those 



326 1780. — Januaey Session. 

evils ivill continue so long as said resolves remain in force: 
Therefore, 

Resolved, That uU the former resolves of the General 
Court, which relate to the oharo-ino- and allowins^ interest 
in receiving or paying the bills of credit of the new 
emission, saving such parts of said resolves as relate to 
the commencement of the interest and the annual payment 
thereof, be, and hereby are declared to be null and void. 
Provided nevertheless. That all constables and collectors 
of taxes, who have already allowed interest in their col- 
lections, or shall allow the same befoje the 15th day of 
March, 1781, in consequence of said resolves, shall be 
intitled to an allowance for so much interest as they have 
severally allowed others in said collections, and no more ; 
but previous to such allowance to be made to said consta- 
bles and collectors, they shall severally make oath, 
according to the best of their knowledge, before the 
Treasurer of this Commonwealth, or some Justice of the 
Peace, town, district, or plantation clerk, that they have 
really and truly allowed in said collections, so much inter- 
est as they respectively demand an allowance for, and 
where the oath is not administered by the Treasurer, a 
certificate thereof shall be produced by the person paying 
the money, from the officer that administered the same. 
And the Secretar}^ is hereby directed to publish the fore- 
going resolve in the Boston and Worcester news papers. 

March 1, 1781. 



Chaj^.lSO 



Chapter 180. 

RESOLVE DIRECTING THE COMMISSARY GENERAL TO PROCURE 
TEAMS FOR THE TRANSPORTATION OF BEEF, FLOUR, &c. TO 
THE STATE OF RHODE-ISLAND, AND REQUESTING HIS EX- 
CELLENCY, WITH THE ADVICE OF COUNCIL, TO GRANT 
WARRANTS FOR PAYMENT. 

Resolved, That his Excellency the Governor, with 
advice of Council, l)e, and he is hereby empowered, to 
grant warrants on the treasury of this Commonwealth in 
favor of the Commissary General, for such sum of money 
as shall be sufficient to enable him to procure teams for 
transporting of beef, flour, and other necessaries to the 
State of Rhode Island, for the subsistance of the twelve 
hundred men ordered to said State by a resolve of yester- 
day. And the Commissary General is hereby directed 



1780. — January Session. 327 

to procure teams, and to send on the beef, &c. as afore- 
said. And his Excellency, with advice of Council, is 
hereby empowered and requested, to appoint all such 
staff-officers as shall be necessary for the troops aforesaid. 
And his Excellency is hereby empowered and requested 
to issue a warrant to the Commissary General, empower- 
ing him to procure said teams by impress, if he cannot 
otherways seasonably obtain them. March i, 1781. 

Chapter 181. 

RESOLVE DIRECTING THE TREASURER OF THIS COMMONWEALTH (J]ian.\^\ 
TO DEFACE A CERTAIN NUMBER OF CONTINENTAL BILLS IN ^ * 

HIS POSSESSION, OF THE EMISSION ' OF MAY 20, 1777. AND 
APRIL 11, 1778, AND TO FORWARD THE SAME TO CONGRESS. 

TJie committee appointed to enquire vhetJier the Conti- 
nental emissions of bills, of May 20, 1777, and April 11, 
1778, taken out of circulation agreeahle to a resolve of 
Congress, and lodged in the Treasurer's office of this 
iState, have been defaced and foricarded to Congress, 
agreeahle to their resolves, have attended that service, and 
find, there is noio in the Treasurer'' s office to the amount of 
two hundred thirty-five thousand one hundred and eighty- 
nine pounds sixteen shillings, old Continental currency, 
of said bills, not defaced nor forwarded to Congj'ess; and 
as it is absolutely necessary that the whole of said bills 
should be immediately sent, in order that this State may 
have credit for the same : 

Resolved, That the Treasurer of this Commonwealth be, 
and he 'is hereby directed, forthwith to take an exact 
account of the whole amount of said bills, punch a hole 
through each bill in order to deface the same, and forward 
the whole of said bills to Congress, without delay, agree- 
able to the directions given by Congress in their resolve 
for that purpose. March 1, 1781. 

Chapter 183. 

AN ADDITIONAL GRANT OF ONE HUSDRED POUNDS l^ SPECIE, nj^f.^. 1QO 
TO THE HON. MAJOR GENERAL LINCOLN. l^ntlJJ.LO^ 

Resolved, That the sum of one hundred pounds in 
specie, in addition to the two hundred pounds, granted to 
the Honorable Major General Lincoln yesterday, by this 



328 1780. — Janxtart Session. 

Court, be paid him out of the public treasury, and that 
he account for the whole of said sums out of the money 
due to him from this Commonwealth. March i, 1781. 

Chapter 183. 



Chav 183 i^EsoLVE allowing one hundred and SE] 

^' SIXTEEN SHILLINGS AND SIX PENCE, TO 



:VENTEEN POUNDS 
TO THE SELECTMEN 
OF THE TO^VN OF HANCOCK, FOR MILEAGE MONEY PAID TO 
SOLDIERS IN THE YEAR 1777. 

JV7ie7'eas it appears to this Court, that one hundred 
and seventeen pounds sixteen shillings and six pence, 
Continental money, ivas due to the Selectmen of the town 
of Hancock, for mileage money paid to soldiers in the 
year 1111 , and yet remains due. And whereas the com- 
mittee on accounts have expressed some doubts in respect 
to the alloirance of the depreciation of money on said sum. 
Therefore Resolved, That the aforesaid sum of one hun- 
dred and seventeen pounds sixteen shillings and six pence, 
Continental money, be paid to the Selectmen of the town 
of Hancock, together with the depreciation thereof, by 
,the committee on accounts. March 1, 1781. 

Chapter 184. 

Chan 184 ^ grant of two hundred pounds to richard gridley. 

On the petition of Richard Gridley, Esq. 

Resolved, That there l)e paid out of the public treasur}-- 
of this State, to Richard Gridley, Esq; the sum of two 
hundred pounds in the new emission of money, he to be 
accountable for the same upon the settlement of his pay, 
agreeable to a resolution of the Continental and Provin- 
cial Congress. March 10, 1781. 



Cha2xl85 



Chapter 185. 

RESOLVE GRANTING THREE HUNDRED POUNDS TO JOSEPH 
BAKER, ESQ; ONE OF THE PURCHASING COMMISSARIES, IN 
SILVER OR GOLD, IN ACCOUNT OF A QUANTITY OF BEEF 
WHICH HE HAS ON HAND FOR THE USE OF THIS COMMON- 
WEALTH. 

Whereas it app)ears to this Court, that Joseph Baker, 
Esq; one of the p)urchasing Commissaries, has expended 
of his own money, and promised to pay in behalf on this 



1780. — January Session". 329 

Oommonivealth, about three hundred pounds of silver 
money, in purchasing beef and j)ork for the use of this 
Commonwealth, and there being 710 provision made to pay 
the said Joseph Baker, Esq ; said money. Therefore, 

Resolved, That his Excellency the Governor of this 
Commonwealth with advice of Council, be, and hereby is 
requested to make out a warrant in favor of Joseph Baker, 
Esq ; for the sum of th7'ee hundred pound in silver or 
gold, to be made payable to the said Joseph as soon as 
possible, after the gratuity of twenty four dollars is com- 
pleated, that is granted this session to each soldier in 
the Continental army, he to be accountable for the same, 
on account of six hundred barrels of beef and pork which 
he has on hand for the use of this Commonwealth. 

March 1 , 1 781 . 



Chapter 186. 

RESOLVE ON THE REPRESENTATION OF THE MAJOR PART OF njinj) 186 
THE SELECTMEN OF BOOTH BAT, APPOINTING A COMMITTEE ^ * 

TO ENQUIRE INTO THE FACTS SET FORTH IN SAID REPRE- 
SENTATION. 

On the representation of the major part of the Select- 
men of Boothbay, to this Court, dated Octob&Y 25, 1780. 

Resolved, That Nathaniel Thwing, Esq ; of Woohoich, 
Dummer Seioall, Esq ; of George-Town, and Waterman 
Thomas, Esq ; of Thomaston, all in the county of Lin- 
coln, be, and they are hereby appointed a committee to 
enquire into the representation made by the Selectmen of 
Boothbay, in said county, and if they find the facts to 
be as set forth in said representation, that they see the 
Treasurer's accounts of said town adjusted as soon as may 
be, and the late Treasurer mentioned in said representa- 
tion, and the preser^t Treasurer are hereby directed to 
attend the business of settlement as aforesaid ; and they 
are also directed to order a settlement with the delinquent 
militia ofl[icers in said town ; and they are hereby directed 
to pay the fines received by them into the treasury of 
said town for the use of said town, the expence arising 
in consequence of the above to be paid by the town of 
Boothbay; and the committee aforesaid are directed 
to make return of their doings to this Court, as soon 
as may be . March 1,1781. 



330 1780. — January Session. 



Chapter 187. 

ChaV-^S7 l^ESOLVE DIRECTING THE HON. HENRY GARDNER, ESQ; TO 
-^ ' SUE, FOR THE USE OF THIS COMMONWEALTH, THE BOND 

GIVEN HIM BY BENJAMIN PRIZE L, COMMANDER OF THE 
SLOOP HERO. 

^V/iereas it has been represented to this Court that Ben- 
jamin Frizel, Uommander of the sloop Hero, wJto had a 
clearance to go vnth said sloop> and a certain cargo to St. 
Eustatia, but contrary to his said clearance and to his 
bond given to the Treasurer, he has been to Bermuda, and 
there sold his cargo: Therefore, 

Resolved, That Nathaniel Barber, Esq ; Naval Officer 
for the port of ^08^o?i, be, and he is hereby empowered 
and directed, to seize and take possession of the said 
sloop, her cargo and appurtenances, in behalf of this 
Commonwealth, and that he libel and prosecute the same 
to final judgment. 

Resolved, That the Hon. Henry Gardner, Esq ; be, 
and he is hereby directed to sue, for the use of this Com- 
monwealth, the bond given him by said Benjamin Frizel, 
who has broke the conditions thereof. March 2, 1781. 



Chapter 188. 
Char) 188 Resolve for forwarding with all possible dispatch 

-^* the levies raised in this COMMONWEALTH TO CAMP. 

WJiereas his Excellency General Washington has 
directed that the levies raised in this State for compleating 
the Continental army be immediately forwarded to Camp: 

It is Resolved, That the superintendents in the several 
counties within this Commonwealth (excepting the coun- 
ties of Yorh, Lincoln, and Cumberland) be, and they 
hereby are directed, without loss of time, to forward all 
the men raised in the several towns throughout their 
respective districts, to the places of rendezvous appointed 
by the Hon. Major-General Lincoln, in order that they 
may be sent on to head-quarters with all possible dis- 
patch ; and that the said superintendents inform the said 
recruits that the Government of this Commonwealth have 
ordered a full supply of cloathing to be procured, and 
that the same is how preparing and will be sent on to 
camp as soon as possible. March 2, 1781. 



1780. — January Session. 331 

Chapter 189. 

RESOLVE ON THE PETITION OF COL. DAVID BREWER, RESPECT- fJJidjy 189 
ING THE PAYMENT OF HIS ACCOMPT FOR KEEPING AND -' ' 

BOARDING SIX INDIANS AND THEIR INTERPRETER. 

On the petition of Col. David Brewer, of Boston, to- 
gether ivitJi his account exJtibited, for allowance and pay- 
ment, for keeping and boarding six Indians and their 
iyderpreter thirty-six days, by order of the honorable 
Jeremiah Powell, ■'Esq; And whereas the said David 
Brewer Jiath cotnmenced an action against the said Jere- 
miah Powell, to the next Inferior Court of Common 
Pleas to be holden in and for the county of Suffolk, upon 
his above said account: Therefore, 

Resolved, That upon the said Brewer's withdrawing his 
said action against said Powell, and paying cost, that 
there be paid out of the treasury of this Connnonwealth, 
to him the said David Preiver, the sum of one hundred 
and fifty one pounds and ten shillings, new emission, in 
full for his said account, together with six pounds ten 
shillings in said new emission, for the damage done him 
by said Indians, in breaking his windows and destroying 
his household goods, &c. March 2, 1781. 

Chapter 190. 

RESOLVE REQUESTING THE ADMIRAL OF THE FRENCH FLEET (JhajJ 190 
AT NEWPORT, TO ORDER THE FRENCH FRIGATE, NOW LAY- ^ ' 

ING IN THE PORT OF BOSTON, TO CRUISE UPON THE EASTERN 
COAST OF THIS COMMONWEALTH, WITH THE SHIP MARS, AND 
GIVING ENCOURAGEMENT TO PRIVATE ARxMED VESSELS OF 
WAR. 

WJierecis by recent advices received by express from the 
Eastward, it appears, that the enemy, with a number of 
armed vessels, are daily committing the most horrid depre- 
dations and cruelties, on the inhabitants who reside on or 
near the sea coasts in the county of Lincoln. 

Therefore Resolved, That the Governor be, and he 
hereby is requested, immediately to dispatch an express 
to the Admiral or Commander of the French fleet at 
Newport, earnestly requesting, in behalf of this Com- 
monwealth, that the said Admiral or Commander, will 
be pleased immediately to order that the French ship of 
war, now laying in the port of Boston, and if possible, 
one frigate from the said fleet at JVeivpo7't, be detached 



332 1780. — January Session. 

to cruise for a few days on the Eastern coast of this 
Commonwealth, for the purpose of capturing or destroy- 
ing any vessels that may be found infesting the same. 

And it is further Resolved, That the Governor be 
requested immediately to order that the ship Mars be dis- 
charged of her cargo, and fitted for sea with all possible 
dispatch, that she may be ready to proceed on said cruise, 
in conjunction with the said ships or either of them, on 
the shortest notice. 

And it is further Resolved, That as an inducement to 
private armed vessels to cruize against the worthless 
banditti who are continually ravaging said coasts, the 
following bounty be granted by this Commonwealth to 
the OAvners and crew of every private armed vessel, 
which, after the tenth day of March instant, shall caj)- 
ture and bring into port, or destro}^, any vessel belong- 
ing to the enemy which may be found infesting the sea 
coast of the counties of York, Cumberland, or Lincoln, 
or cruizing within five leagues thereof, viz. For each can- 
non mounted on board of any such vessel carrying two 
pound shot the sum oi fifty j)OU'nds in silver and gold, or 
bills of credit equivalent ; for each cannon mounted as 
aforesaid, carrying three pound shot, the sum of sixty 
pounds, in like money ; for each cannon mounted as 
aforesaid, carrying four pound shot, the sum of seventy 
pounds, in like money ; for each cannon mounted as 
aforesaid, carrying a six pound shot, the sum of eighty 
pounds, in like money ; for each cannon mounted as 
aforesaid, carrying a nine pound shot, the sum of one 
hundred and twenty pounds, in money as aforesaid. 
And also for each man that shall be taken on board 
any such vessel and belonging to the same, and deliv- 
ered to the commissary of prisoners, the sum of six 
pounds, in money as aforesaid. March 2, 1781. 



Chapter 191. 

Char) 191 Resolve on the petition of amos lawrence, empower- 

^ * ING THE COMMITTEE TO SELL CONFISCATED ESTATES IN THE 

COUNTY OF MIDDLESEX, TO SELL THE FARM MENTIONED. 

Oil the 2)etition of Amos Lawrence, of Groton, in the 
county of Middlesex, praying that he may he aUov:ed to 
purchase two ninth parts of the farm in the said town of 



1780. — January Session. 333 

Groton, ivhich Gapt. Samuel Tarbell, deceased, died seized 
of, lohich two ninths ivas set off to his son, Samuel Tarbell, 
and has since been taken by execution for a debt due to this 
government. 

Resolved, That the committee who are appointed to sell 
confiscated estates in the county of Middlesex, be, and 
hereby are authorized and impowered to sell at public or 
private sale, as they shall think most beneficial for this 
Commonwealth, the abovementioned two ninths of the 
farm which the abovesaid Capt. Samuel larbell, deceased, 
died seized of, and was set ofl* to his son Samuel Tarbell, 
and make and execute a good and legal deed or deeds of 
the same ; and they are hereby directed, to pay the neat 
proceeds arising by said sale or sales, into the treasury 
of this Commonwealth, taking duplicate receipts therefor, 
one of which to be lodged in the Secretary's office. 

March 3, 1781. 



Chap.l92 



Chapter 192. 

RESOLVE OX THE PETITIOX OF OLIVE' REED. 

On the petition of Olive Reed. 

Resolved, That Mr. James Locke, agent on the estate 
of Doctor Josej)h Adams, who has fled to the enemy, be, 
and he hereby is authorised and directed, to make and 
execute a good and lawful deed of sale of the fourteen 
acres of land, in the town of Pepperell, to 01 ire Reed, of 
said Toivnsend, and which she was put into the possession 
of, by said Doctor JosepJi Adams, as set forth in her peti- 
tion. Provided, that she the said Olive Reed, shall lodge 
in the hands of the aforesaid Mr. James Locke, a good 
and lawful deed of sale of the half lot of land in the town 
of Townsend mentioned in her petition to this Common- 
wealth, which land she put the aforesaid Doctor Joseph 
Adams, into the possession of. March 3, 1781. 

Chapter 193. 

A GRANT OF TWE\TT-ONE POUNDS FOVRTEEX SHILLINGS, ni^fjj. 1QQ 
NEW^ EMISSION, TO SAMUEL BARRETT, ESQ; SECRETARY OF ^'''^*/'' 
THE LATE CONVENTION. 

Resolved, That the Treasurer of this Commonwealth 
be, and he hereby is directed, to pay to Samuel Barrett, 
Esq ; Secretary of the late Convention, the sum of twenty- 



334 1780. — January Session. 

one pounds fourteen shininr/s, in bills of the new emission, 
in full for a ballance due to him on account from this 
Commonwealth, and for his service in and for said Con- 
vention. March 3, 1781. 

Chapter 194. 

C%«Z>.194 RKSOLVE REQUESTING HIS EXCELLENCY, WITH THE ADVICE 
^ ' OF COUNCIL, TO ORDER THE COMMISSARY-GENERAL, TO 

SUPPLY THE NAVAL DEPARTMENT OF THIS COMMON- 
WEALTH, WITH PROVISIONS AND AMMUNITION, AND TO 
DELIVER THE AGENT A QUANTITY OF DUCK, &c. 

Wliereas in the present arrangement of the naval depart- 
ment of this Commonwealth, it is not determined ivhose 
business it is to supiphj provisions or other stores, for any 
of the vessels belong ing to the same. 

Therefore Resolved, That his Excellency the Governor 
be, and he hereby is requested, with advice of Council, 
to order the Commissary-General of this Commonwealth, 
to supply any of the vessels belonging thereto, with such 
provisions and ammunition of all kinds, which may be 
necessary for them either while in port or for a voyage or 
cruize ; And as the Board of War have been directed to 
deliver all kinds of Stores to the Commissary-General. 

Therefore Resolved, That his Excellency the Governor 
be requested to give orders to the Commissary-General, 
to deliver to the agent of this Commonwealth, such a 
quantity of duck, cordage, naval or other stores, which 
he may have on hand, as may be necessary for repairing 
and fitting said vessels for such service as may be ordered 
for them." March 3, 1781. 

Chapter 195. 

/^i„„^ 1 or RESOLVE RECOMMENDING TO XATHANIEL APPLETON, ESQ; 

^ -^ TO MAKE A FURTHER ADVANCE TO THE TREASURER, OF 

TWENTY THOUSAND DOLLARS, NEW EMISSION, OUT OF 
THE APPROPRIATED SIX TENTHS, AND DIRECTING THE 
TREASURER TO MAKE PAYMENT OF FIVE THOUSAND 
DOLLARS OF THE SAME TO RICHARD DEVENS, ESQ; WHO 
IS DIRECTED TO APPROPRIATE THE SAME FOR THE PUR- 
CHASE OF FLOUR, &c. 

W7ie7'eas the exigencies of government for the service of 
this and the United /States, require an immediate supply 
of the treasury. 



1780. — January Session. 335 

It is Resolved, That it be recommended to Nathaniel 
Ap2)leton, Esq ; to make a further advance of twenty 
thousand dollars, of the new emission, to the Treasurer 
of this Commonwealth, out of the sixth tenths of the 
new money appropriated to the use of this government, 
agreeable to the resolution of Congress, of the 18th of 
March last, for which and all former advances made by 
him to the Treasurer aforesaid, for the use of this Com- 
monwealth, this resolve shall be his security and indem- 
nification. 

And it is further Resolved, That the Treasurer be, and 
he hereby is directed, to make payment oi five thousand 
dollars of the said new emission, advanced as aforesaid, 
to Richard Devens, Esq ; in part of a warrant in his favor, 
and that he reserve the ballance in his hands, for further 
order of this Court, or of the Governor and Council, in the 
recess thereof. 

And it is further Resolved, That the said Richard 
Devens, Esq ; be, and he hereby is directed, to appro- 
priate the sum aforesaid to the sole purpose of procuring 
flour or other meal or bread, and transportation of the 
same, and other articles for the use of this Common- 
wealth, or of the United States, as his Excellency the 
Governor, with advice of Council, shall direct. 

March 3, 1781. 



Chapter 196. 



SEVERAL COUNTIES, TO SELL CONFISCATED ESTATES, TO 
EXAMINE INTO THE SITUATION OF THE SEVERAL ESTATES, 
AND TO LEASE SUCH ESTATES AS THEY SHALL JUDGE FOR 
THE INTEREST OF GOVERNMENT. 

Whereas hy a resolution passed the present session, the 
agents on the several absentees estates, were directed to 
suspend the leasing of said estates until the further order 
oj the General Court: And whereas many of said estates 
may not be confiscated for some time, a^nd others which may 
he or have been confiscated, may be in such a situation, 
that the committee may think it necessary to susjiend the 
sale. 

Therefore Resolved, That the committees appointed in 
the several counties to sell the confiscated estates, be, and 
they hereby are directed, forthwith to examine into the 



CM^.196 



336 1780. — January Session. 

situation of the several estates that remain unsold, and 
any of such estates which they shall judge it will be for 
the interest of government to lease for the ensuing year, 
they are hereby directed to give notice to the agent on 
* such estate, and on receiving such notice, the agents 

aforesaid are hereby directed, to advertise said estates 
in one of the Boston or the Worcester news papers, and 
also posting the same in the town where such estates lie, 
at least fifteen days previous to leasing, and then proceed 
to lease said estate at public auction, for one year from 
the time of leasing the same, to the highest bidder, the 
lessee to pay the rent in fifteen days, which money the 
said agents are hereby directed to pay into the Treasurer's 
office without delay, taking duplicate receipts for the 
same, one of which to be lodged in Secretary's office ; 
and where it shall so happen that there is no agent on 
said estates, the committees who are appointed to sell 
said estates are hereby directed, to proceed to lease such 
estates as they judge necessary, in the same manner the 
agents are directed to lease the same ; and the Secretary 
of this Commonwealth is hereby directed, without delay 
to transmit a copy of the foregoing resolution to the 
chairman of each of the committees appointed to sell 
estates in the respective counties. March 5, 1781. 

Chapter 197. 

ChnnA^l RESOLVE EMPOWERING WILLIAM GOOCH TO MAKE SALE OF 
f^nap.liJl ^jjj^ HOUSE AND LAND MENTIONED IN HIS PETITION. 

On the petition of William Gooch of Boston, in the 
county of Suftblk, administrator of the estate of Matthew 
Stewart, late of said Boston, deceased, intestate, and 
Robert Wier, guardian to Matthew, a son of the deceased, 
praying that said Gooch 7nay be impowered to sell a house 
and a piece of land in Orange Street, in Boston aforesaid, 
for the reasons set forth in the petition. 

Resolved, That the said Willia7n Gooch, be, and he 
hereby is authorized and impowered, to sell for the most 
the same will fetch, the house and land in Orange Street, 
in the town of Boston and county of Suffolk, Avhicli 
3Iattheiv Stewart, late of said Boston, labourer, deceased, 
died possessed of, and make and execute a deed or deeds 
of the same, which shall correspond with the title said 
Stewart had to the premises at his decease, he the said 



1780. — January Session. 337 

William Gooch observing the directions of the law for the 
sale of real estates by executors and administrators, and 
giving proper security to the Judge of Probate for the said 
county of Suffolk, that one third of the neat proceeds 
arising from the aforesaid sale or sales shall be put on 
interest, and that the interest arising from the same shall 
be annually applied for the support of the widow of the 
said deceased Matthew Stewart, during her natural life, 
and that after the debts due from said estate are paid 
(deducting only such sum or sums as the personal estate 
falls short in payment) what remains to be put on interest 
also, and the interest applied for the support of the minors, 
and the principal, with the principal set oft" for the support 
of the widow, shall be paid to the minors or their heirs, 
at those periods that by law they ought to possess in. 

March 3, 1781. 



Chapter 198. 

RESOLVE FOR SUING PERSONS WHO HAVE RECEIVED PUBLIC ChuV'^^S 
MONIES, AND HAVE NOT ACCOUNTED FOR THE SAME, AND ^ ' 

APPOINTING A COMMITTEE TO PROSECUTE THEM TO FINAL 
JUDGMENT. 

Whereas it appears to this Court, that there are a great 
number of persons who have received monies and other 
property belonging to this Commonwealth, and have not 
accounted for the same. 

Therefore Resolved, That all persons in the county of 
Suffolk, Essex and Middlesex, who have received monies 
or other property belonging to this Commonwealth, and 
have not accounted for, properly adjusted and settled 
the same, shall be sued for the same at the next inferior 
court of common pleas, to be holden at Boston, in the 
county of Suffolk, unless they prevent said suit by imme- 
diate settlement. 

And all persons in each and every other county in this 
Commonwealth, who have received monies or other prop- 
ei'ty as aforesaid, and shall not have settled the same on 
or before the tenth day of June next, shall be sued there- 
for, at the inferior court of common pleas, to l)e holden 
at Boston, in the county of Suffolk, on the second Tues- 
day of July next. 

liesolved. That the Honorable Increase Sumner, Esq ; 
Lemuel Iiollock, Esq ; and Samuel Henshaw, Esq ; be, 



338 1780. — January Session. 

• 

and they are hereby appointed a committee, any two 
to be a quorum, with full power and authority to sue 
and prosecute in behalf of this Commonwealth to final 
judgment and execution, each and every person who 
has received monies or other property as aforesaid, and 
shall not account and settle for the same as aforesaid, 
And the Secretary is hereby directed to publish this 
resolve in the Boston and Worcestei^ news papers. 

March 3,1781. 

Chapter 199. 

GA-a».199 RESOLVE on the petition of ROBERT BARKER, EMPOWERING 
^ ' HIM TO MAKE SALE OF THE LAND MENTIONED. 

Whereas it appears by the petition of Robert Barker, 
of Pembroke, in the county of Plymouth, and the papers 
accompanying the same, that Josiah Barker, late of said 
Pembroke, deceased, made his two sons, viz. Ebenezer 
and ThonvAs, joint executoi's to his last will and testa- 
ment, and gave them his estate to be equally divided 
between them; that the said Thomas purchased his 
brother Ebenezer's shaj'e of his said fathe7'\'^ estate, and 
gave him an obligation under his hand and seal to pay 
all their said father'' s debts, but did not in his life time 
pay said debts, nor make any settlements whatever with 
the judge of probate, but at his decease left a ivill, in 
which he made the petitioner, Robert Barker, his exec- 
utor, who prays that he may be impowered to 'sell so 
much of the said Josiah Barker's real estate, as shall be 
sufficieyit to discharge the debts due from the estates, to 
prevent the whole from being wasted in law suits; 
therefore. 

Resolved, That the aforesaid Robert Barher be, and he 
hereby is authorised and impowered to make sale of so 
nuich of the real estate that did belong to Josiah Bar- 
Jeer, late of PembroJie, in the county of Plymouth, 
deceased, as shall be sufficient to pay the debts due 
from his estate at his decease, and the charges of sale, 
said sale to be made of such part as shall least dam- 
age the remainder, and make and execute such title or 
titles to the premises as shall correspond with the title 
said Josiah Barker had to the same at the time of his 
decease, he the said Robert Barker first giving proper 
security to the judge of probate for the county of Ply- 



1780. — January Session. 339 

mouth, that the neat proceeds arising from the aforesaid 
sale or sales shall be wholly applied to the payment of 
the aforesaid debts, and that he will compleat the settle- 
ment of said estate with said judge of probate fully, 
and in the same manner as the executors by law were 
obliged to. And he hereby is directed in the aforesaid 
sale to govern himself by the directions of the law for 
the sale of real estates by executors and adminis- 
trators. March 3, 1781. 

Chapter 300. 

RESOLVE EMPOWERING THE JUDGES OF THE SUPREME JUDI- Chan.200 
CIAL COURT TO GRANT A NEW TRIAL TO TIMOTHY HALL, OF ^ ' 

BROOKFIELD, IF SUFFICIENT REASONS BE GIVEN THEREFOR. 

Wltereas Timothy Hall, of Brooklield, in the county of 
Worcester, urns at the Superior Court of Judicature, d:c. 
held iyi said county on tlie third Tuef<day of September, 
1780, convicted of feloniously stealing and carrying aivay 
eight sheep of the goods and chattels of Benjamin Tainter ; 
and lahereas the said Hall has represented to this Court, 
that for ivant of evidence in his favor, whicJi he can now 
produce, and for other reasons set forth in said represen- 
tation, prays he may have a neiv trial before the said 
Superior Court. 

Resolved, That the prayer of the petition be so far 
granted, that the Judges of the Supreme Judicial Court 
l)e, and they hereby are fully authorised and impow- 
ered, upon the application of Timothy Hall, of JJrook- 
field, who was convicted of theft at the same Court, 
held within and for the county of Worcester, on the , 

third Tuesday of September last, to grant to the said 
Timothy Hall a new trial, if the Judges of the said 
Court should think the said Timothy Hall offers suffi- 
cient reason therefor. March 5, 1781. 

Chapter 301. 

RESOLVE ON THE PETITION OF OLIVER PARTRIDGE, AND (JJidr) 201 
OTHERS, SELECTMEN OF HATFIELD, IN THE COUNTY OF "' 

HAMPSHIRE, EMPOWERING JOHX HASTINGS, ESQ; TO SELL 
THE FARM MENTIONED. 

On the petition q/" Oliver Partridge, Perez Graves, Ben- 
jamin Wells, Phinehas Frary, and Elijah Morton, select- 
men of Hatfield, in the county of Hampshire, settiyig 



340 1780. — January Session. 

forth that Elisha Cole, late of said Hatfield, deceased, 
died seized of about one hundred acres of larid, arid a 
2)00r house thereon, in Hatfield aforesaid; that about 
one half of the same was set off to Esther Cole, tuidow 
of the said Elisha, and the remainder to Justin Cole, 
Elijah Cole, and Prudence Cole ; that said farm is in 
such circumstances that v:ill rent for but very little, and that 
the ividow, Esther Cole, ^.s so far deprived of he*' reason, 
as to become a town charge, and pray that said farm may 
be sold, under such directions as shall be ordered: 

Resolved, That Johri Hastings, Esq ; of Hatfield afore- 
said, be, and he is hereby authorized and impowered, to 
sell, for the most the same will fetch, the farm (which 
contains about one hundred acres) that Elisha Cole died 
seized of, in the town of Hatfield, and county of Hamp- 
shire, excepting Justin Cole's share thereof, who is now 
of age, and make and execute a deed or deeds of the 
same, giving such title as shall correspond with the title 
that said Elisha Cole had to the premises at his decease, 
he the said John Hastings giving proper security to the 
Judge of Probate for said county of Hampshire, that the 
neat proceeds arising from said sale or sales, shall be 
applied as follows, viz. the whole put on interest, and 
the one half the inte^^-est annually applied for the support 
of the aforesaid Esther Cole, during her natural life, and 
at her decease the principal paid to such heir or heirs as 
would have inherited the land if this order for sale had 
not been passed ; the interest of the other half, so much 
as belongs to Elijah Cole and Prudence Cole, to be 
annually paid to their guardians, until they severally 
» arrive to lawful age, at which periods the principal is to 

be paid said Elijah and Prudence. He the said John, 
Hastings observing the directions of the law for the sale 
of real estates by executors and administrators in the 
abovesaid sale. March 5, 1781. 



Chapter 303. 

Chnr) 202 i^^solve directing the committee for settling with 

J THE ARMY, TO ALLOW JOSEPH WELCH, A LIEUTENANT IN 

COL. PATTERSON'S REGIMENT, THE DEPRECIATION OF HIS 
WAGES, AND GRANTING FIFTY DOLLARS, NEW EMISSION, 
FOR HIS SUFFERINGS. 

Whereas it appears by the petition of Joseph Welch, a 
Lieuteriant in Col. VnXievson^i^ regiment of the Continental 



1780. — January Session. 341 

army, that the said Joseph Welch, loas taken prisoner at 
the cedars in the year 1776, and remained a prisoner ivith 
the enemy until November 1779, ivhen he was exchanged, 
and has not yet received his depreciation notes. 

Therefore Resolved, That the committee for settling 
with the army, l)e, and they are hereby directed to set- 
tle with the said Joseph Welch, and allow him the depre- 
ciation on his wages as other officers of the same rank 
have been allowed. 

And it is further Resolved, That there l)e allowed and 
paid out of the treasury of this Commonwealth unto 
the said Joseph Welch, the sum of fifty dollars, new 
emission, for his extraordinary sufferings in returning 
from captivity. March 6, 1781. 



Chapter 303. 

RESOLVE DIRECTING THE COMMITTEE FOR THE SALE OF CON- 
FISCATED ESTATES WITHIN THE COUNTY OF SUFFOLK, TO 
SELL THE ESTATE OF GIBBS ATKINS, LATE OF BOSTON, AN 
ABSENTEE, AND TO SETTLE WITH TITUS MORGAN, FOR THE 
MONEY HE HAS ADVANCED. 

Resolved, That the committee appointed to make sale 
of confiscated estates within the county of Suffolk, be, 
and they hereby are directed, to sell the estate of Gibbs 
Atkins, late of Boston, an absentee, agreeably to the 
resolve of the General Court of the 20th JSFovember last, 
first obtaining the consent of Mr. Titus Morgan, who 
has advanced a sum of money on a lease of the said 
estate, and to pay to the said Morgan, the sum which 
he has advanced as aforesaid, and to the Treasurer of 
this Commonwealth the ballance of the money arising 
from the said sale. And that the Treasurer be, and he 
hereby is directed to pay the money aforesaid to the 
Board of War, in part of a warrant on him in their 
favor, and the said Board are directed to pay the said 
money to Titus Morgan, so much thereof as may be due 
to him for building the ship Tartar. March 6, 1781. 

Chapter 304. 

RESOLVE APPOINTING CAPT. THOMAS COWDEN, AND CAPT. 
JAMES BANCROFT, TO TAKE CHARGE OF THE MONEY 
GIVEN AS A GRATUITY TO THE MASSACHUSETTS LINE OF 
THE ARMY. 

Resolved, That Capt. Thomas Gowden, and Capt. James 
Bancroft, be a committee to take the charge of safely con- 



ChajJ.^OS 



Chap.204: 



342 1780. — Jajs^uary Session. 

veying the remainder of the hard money gratuity for the 
Massachusetts line, now on hand, and deliver it to Briga- 
dier Jonathan Warner, and Col. John Ashly, at West- 
Point or elsewhere, who are appointed a committee for 
distributing the same, taking duplicate receipts for the 
same, one of which they are directed to lodge in the 
Treasurer's office. March 6, 1781. 

Chapter 205. 

Chap.205 RESOLVE making null and void a resolve passed the 

^ ' 14th day of FEBRUARY, 1781, RESPECTING THE SALE OF THE 

SHIP TARTAR, AND DIRECTING THE AGENT TO MAKE SALE 
OF THE SHIP MARS, AND TO APPLY THE MONEY ARISING 
FROM SAID SALE TO DISCHARGE THE DEMANDS ON THE 
SHIP TARTAR, AND DIRECTING THE AGENT TO FIT OUT A 
SMALL 'VESSEL AS A TENDER TO SAID SHIP. 

Whei^eas the Honorable Caleb Davis, Esq; has, hy a 
resolve of this Court of the lUh day of February, 1781, 
been invpowered and directed to make sale of the new ship 
called the Tartar, and it now appears to this Court that it 
will he more advantageous to this Commonwealth to retain 
the ship aforesaid, and to fit her out for public service, and 
to make sale of the ship Mars, lately arrived from France, 
instead of the sale of the ship Tartar : Therefore, 

Resolved, That the resolve aforementioned be, and 
hereby is repealed and made null and void, and that 
the Honorable Caleb Davis, Esq ; be, and hereliy is 
impowered and directed, as soon as may be after the 
ship Mars is discharged from her present voyage, to 
make sale of her on the best and most advantageous 
teims to the Commonwealth, reserving such cannon and 
other stores as may be now wanted for the use of the 
Commonwealth, and to apply the money arising from 
the sale of said ship to the purposes of paying all the 
reasonable demands for materials and services in build- 
ing said ship Tartar, and to employ the remainder 
towards compleating said ship, and fully equipping her 
for the sea. 

Resolved, That the Honorable Caleb Davis, Esq ; 
instead of fitting out two small vessels to guard the 
coast, as directed by a resolve of the 19th day of Feb- 
ruary, 1781, be, and hereby is directed, to fit one small 
vessel, to mount from eight to twelve guns, to serve as 
a tender to the said ship Tartar. 



1780. — Januaky Session. 343 

And whereas by a resolve of this March instant ^ the 
ship Mars is ordered to he fixed out immediately , to pro- 
ceed on a cruize in company ivitJi one or more French 
frigates, for the defence of the Eastern coast, if the 
French Admiral at Newport shall think proper to order 
any part of the French squadron on that service, which 
may put it out of the j)Oiver of the agent aforesaid to 
carry into execution immediately the foregoing resolves, 
and may leave him in a state of uncertainty ichat is 
expected from him: 

Therefore Resolved, That m case the ship Mars does 
proceed on a cruize in consequence of the resolve of this 
March instant, the sale of her be suspended until her 
return, and then made as soon as possible ; and in case 
she does not go on that service, then the agent aforesaid 
is to proceed in the same manner as if no such resolve or 
order had taken place. March 6, 1781. 

Chapter 206. 



OF EIGHTEEN HUNDRED AND THIRTY POUNDS, -^^W Hhrnj 906 
OX, TO HIS HON. THOMAS GUSHING, ESQ; AND -^ *^ 



A GRANT 
EMISSION, 

OTHERS A COMMITTEE OF FOREIGN AFFAIRS, TO BE RE- 
MITTED TO JONATHAN LORING AUSTIN, ESQ; IN ORDER TO 
DISCHARGE SUNDRY DEBTS. 

Whereas it appears by the letters and accounts received 
from Jonathan Loring Austin, and Jonathan Williams, 
Esqr's. by the ship) Mars from France, that there is a con- 
siderable sum of money due to said Jonathan Williams, 
Esq ; for disbursements upon the ship Mars while in 
France, and for advances made by him to Mr. Austin, 
in order to enable said Austin to pay the expences in- 
curred for his support while in France, and Holland, in 
the prosecution of the commission icith which he was 
charged by this Government. 

Therefore Resolved, That the Treasurer of this Com- 
monwealth be directed, and he is hereby accordingly 
directed, to pay to His Honor, Thomas Gushing, Esq ; 
and others the committee of foreign affairs, out of the 
first monies that come into his hands, the sum of eight- 
een hundred and thirty pounds money of the ncAV emis- 
sion, wdiich said committee are directed to vest in bills 
of exchange, and remit the same to Jonathan Loring 
Austin, Esq ; in order to discharge the debt due to Mr. 



M4: 1780. — January Session. 

Williams for disbursements on the ship Mars, and for 
money advanced to said Austin as aforesaid, the said 
Austin to be accountable for the expenditure of the 
money that shall be remitted to him by the committee 
aforesaid, in consequence of this resolve. 

And it is further Resolved, That the committee on for- 
eign affairs be directed, and they are hereby accordingly 
directed, to write to the said Jonathan Loving Austin, 
Esq ; discharging him from his agency on account of this 
Commonwealth. March 6, 1781. 

Chapter 307. 

Chav 207 k-esolve directing the treasurer to receive of oliver 

^ * WENDELL, ESQ; ONE OF THE MANAGERS OF THE LATE STATE 

LOTTERY, NOTES OF SEVERAL DENOMINATIONS IN FULL DIS- 
CHARGE OF SAID WENDELL'S ACCOUNTS. 

^V^lereas it appears tJiat there remains in the hands of 
Oliver Wendell, Esq ; one of the managers of the late 
State lottery, a balance of two State notes of sixty 
pounds each, eleven of thirty pounds each, one of twenty- 
two pounds ten shillings, and seventy-two of fifteen 
pounds each, together with sixteen hundred and twenty- 
nine pounds seven shillings and eleven pence, in money 
of the old emission due to this Oommonwealth from for- 
feited prizes and tickets sold in the several classes of said 
lottery. 

Resolved, That the Treasurer be, and he is hereby 
directed to receive said notes and money of said Wendell, 
giving duplicate receipts therefor, in full discharge of 
said WendelVs accounts, as one of the managers of said 
lottery, one of which receipts to be lodged in the Secre- 
tary's office. March 7, 1781. 

Chapter 308. 
Chan 208 i^ksolve directing the commissary-general to sell at 

^ * PUBLIC AUCTION A QUANTITY OF NAILS AND FILES BELONG- 

ING TO THIS COMMONWEALTH, IN THE PUBLIC STORE AT 
SUDBURY, AND TO PAY THE PROCEEDS THEREOF TO THE 
TREASURER. 

Wliei'eas Richard Devens, Esq; Commissary- General 
of this Gominonivealth, is directed by a resolve of the 
tenth of February last, to deliver sundry goods belonging 
to this Commonwealth, in the public store at Sudbury, to 



1780. — January Session. 345 

Mr. Enoch Greenleaf, in order that the same might be sold 
on account of this Commonv:ealth ; and whereas there is 
among said goods a quantity of nails and files, not suita- 
ble for common use in the country. Therefore, 

Resolved , That the Commissary General be directed, 
and he is hereby accordingly directed, to transport to 
Boston the nails, files and steel, which by the resolve of 
the 10th of February, he is directed to deliver to said 
Enoch Greenleaf, and to sell the same either at auction 
or private sale, and pay the proceeds thereof to the 
Treasurer of this Commonwealth, taking duplicate receipts 
therefor, one of which to be lodged in the Secretary's 
office. And the Treasurer is hereby directed to pay the 
said money to the late Board of War, on account of war- 
rants in their favor. 

And it is further Resolved, That the members of the 
Board of "War aforesaid be directed, and they are hereby 
accordingly directed, to pay the money they may receive 
from the Commissary General aforesaid, to John Titus 
Morgan, on account of the debt due from the Board of 
War to said Morqun, for building the ship Tartar. 

March 7, 1781. 



Chapter 209. 

RESOLVE MAKING AX ALTERATION IN THE DISTRIBUTION OF 
SMALL STORES TO THE OFFICERS AND SOLDIERS OF THE 
MASSACHUSETTS LINE OF THE ARMY. 

Whereas it appears to this Court, that it icill be of 
utility to this Commonioealth, and satisfactory to the 
army, to make an alteration in the distribution of small 
stores : 

Resolved, That Major Ezra Lunt be, and he is hereby 
appointed, to reside in Camp to receive and dispose of 
such stores to the officers and soldiers of the Massachu- 
setts line, Avhich shall be purchased and forwarded by a 
committee a})pointed by this Court for that purpose, 
agreeable to the directions he shall from time to time 
receive from said committee ; and the said Ezra Lunt 
shall transmit to the committee, unless otherwise directed 
by this Court, all the monies he shall receive for said 
stores, taking duplicate receipts, one of which to be 
lodged in the Secretary's office ; and he is also directed, 
once in six months, to transmit an account of the articles 



Cha2).20^ 



346 1780. — January Session. 

he has received from the committee, and the money he 
has transmitted to them, with the articles and money he 
may have on hand, into the Secretary's office ; and said 
Commissary is hereby directed, before he enter upon his 
office, to be sworn to the faithful discharge of his trust. 
And it is further Resolved, That Ebenezer Wales, Esq ; 
and Capt. Amasa Davis, be, and they are hereby ap- 
pointed a committee to purchase and forward to the said 
Ezra Lunt, from time to time, such articles as they shall 
judge most convenient and needful for the Massachusetts 
line of the Army, taking duplicate receipts, one of which 
to be lodged in the Secretary's office, together with an 
invoice of such articles, putting such a price on them as 
will pay the expence of purchasing, transporting and issu- 
ing, directing said Ezra Lunt to sell accordingly ; and the 
said Ebenezer Wales and Amasa Davis are directed to lay 
before the General Court an estimate of the articles they 
hav>e forwarded to the said Ezra Lunt, with the })rice 
affixed to them, and the money they have received from 
the said Ezra Lunt, once in six months. 

And it is further Resolved, That the Commissary of 
small stores at camp lie, and he is hereby directed, not to 
issue any more of said stores agreeable to the resolve of 
November 18, 1779, but shall deliver them to said Ezra 
Lunt, by this resolve appointed to dispose of said stores, 
and transmit an account of the articles to the committee 
for supplies, who are directed to lay the same, together 
with what they have on hand, before this House, as soon 
as may be. 

And it is further Resolved, That the said committee 
and commissary, on settling their accounts, shall have 
such compensation for their services as the General Court 
shall direct. March 7, 1781. 

Chapter 310. 

Chan 210 resolve considering bacchus cockran, not to be duly 
' * inlisted as a soldier in the continental army. 

Whereas James Parks, of Lincoln, has complained to 
this Court, that one Bacchus Cockran, said to be inlisted 
by the said Parks, ivas rescued by a certain Chambers 
Russell and John Codman, and the parties having been 
heard, it appears the said Bacchus is a servant of James 
Russell, Esq ; father of said Chambers, and was tahenby 



1780. — January Session. 347 

the said Cliaml)ers Russell and John Coduuin, ybr his use, 
and hy the resolve of Congress, ivas not liable to be inlisted 
by said Parks. 

Therefore Resolved, That the said Bacchus could not 
be duly inlisted as a Continental soldier by the said 
Parks, without leave of his master, and ought not to be 
considered as such. March 7, 17S1. 



Chapter 311. 



RESOLVE ON THE PETITION OF COLS. FUTNAM, JACKSON AND 
BROOKS, A COMMITTEE FROM THE ARMY, GIVING LIBERTY 
TO BOTH OFFICERS AND SOLDIERS OF THE MASSACHUSETTS 
LINE, TO PURCHASE CONFISCATED ESTATES WITH THEIR 
DEPRECIATION NOTES, AND MAKING PROVISION FOR THE 
REDEMPTION OF SAID NOTES. 

On a petition of Cols. Putnam, Jackson and Brooks, a, 
committee from the army, praying thai the officers and 
soldiers of the Massachusetts line of the army, may have 
liberty to purchase confiscated estates, and pay for them in 
their depreciation notes, and that 7nonies arising from the 
sale of confiscated estates, may be appropriated for the 
redemption of said notes. 

Resolved, That if any officer or soldier of the Massa- 
chusetts line of the Continental army, or his agent, shall 
purchase at public vendue, any confiscated estate in this 
Commonwealth, on his paying so much money as to dis- 
charge the debts due from said estate, he shall have 
liberty to pay the remainder in depreciation notes drawn 
in his favor, and payable the first of March instant, and 
still his property, and if said notes are presented by his 
agent, said agent shall produce a certificate from a gen- 
eral officer, or officer commanding a regiment, that said 
notes were the property of the original holder at the time 
the certificate was given, and said agent shall make oath 
before some Justice of the Peace that he knows nothinaf 
directly or indirectly, but the said notes are still the 
property of the original holder. 

And it is further Resolved, That if any person not 
belonging to the army, nor agent for the army, shall 
purchase any confiscated estate, the monies resulting to 
government from the sale thereof after the just debts of 
the same are paid, shall be appropriated for the redemp- 
tion of the above described notes. 



Cha2).211 



348 1780. — January Session. 

And the committees appointed to make sale of absen- 
tees estates, be, and hereby are authorised and directed 
to pay such notes, if presented by the original owner or 
his agent, in manner aforesaid, any law or resolve to the 
contrary notwithstanding. 

And the Treasurer is hereby authorised and directed, 
to receive of said committees, the notes which they may 
receive as above directed, at their value. 

And it is further Resolved, That the committee afore- 
said, be and they hereby are directed, for the term of 
three months from the date hereof, not to require or 
reserve in their hands, a larger sum in money, than is 
necessary to discharge such claims against any of the 
aforesaid estates, as they are respectively informed of at 
the time of selling the same, and if any legal claims 
ao'ainst such estates shall be exhibited after the Side 
thereof, such claims shall be a charge against the proceeds 
of such forfeited estates as may be sold after the expira- 
tion of the aforesaid term of three months, and shall be 
discharged by the committee holding the same, provided 
the estate from which such debts are due is not insolvent, 
in which case such proportion of said debts shall be dis- 
charged as is prescribed by the acts providing for the pay- 
ment of the creditors of said absentees. 

It is further Resolved, That the Treasurer be, and 
hereby is directed, to give an order or receipt on any 
collector, in favor of any officer or soldier now belonging 
to the Massachusetts line of the Continental army, who 
shall in person (or 1)y his agent, with such vouchers as 
are above described) present a note drawn in his favor, 
and still his property, which is payable on the first of 
March instant, for such sum as will discharge such note, 
and also for the interest of such other depreciation notes as 
shall, in the manner above described, be made to appear 
to be the property of the persons above mentioned. 

And it is further Resolved, That any money that is 
now or may hereafter be paid into the treasury from the 
sale of such estates, be appropriated to the sole purpose 
of redeeming the notes as aforesaid, continuing to be the 
property of the officers and soldiers aforesaid. 

March 8, 1781. 



1780. — January Session. 349 

Chapter 313. 

RESOLVE RESPECTING GOVERNMENT SECURITIES. Chap.212 

On the letter' of Henry Gardner, Esq; Treasurer of 
this Comiiionvecdth, respecting the government securities: 

Risolved, That the Treasurer of this Commonwealth 
be, and he hereby is directed, to pay interest on such 
notes as were not renewed in obedience to a former reso- 
kition of the General Court for that purpose, also the 
principal thereof in the same manner, and on the same 
scale of depreciation as is directed by the several acts and 
resolves of the said Court, in respect to other govern- 
ment securities. 

Provided nevertheless. That the Treasurer in no case 
pay compound interest on any government securities 
whatsoever. 

And whereas sundry persons have had securities of this 
government renewed in conformity to the resolves thereof, 
irherehy they must suffer by depreciation, unless relieved 
by special provision : Therefore, 

Resolved, That the possessors of all notes which have 
been received in exchange for the notes afore mentioned, 
are intitled to receive full compensation for depreciation, 
incident to the currency, which may have arisen on the 
same, from the time they were originally given, until 
they Avere renewed, and that the Treasurer be, and he 
hereby is accordingly directed, to liquidate and adjust 
the same, by the rule for ascertaining depreciation pre- 
scribed by an act made and passed this session, intitled, 
' ' An act for repealing certain parts of an act postponing 
the payment of government securities to a distant period, 
&c." and that he pay the sums which may appear to be 
due to the possessors of the notes aforesaid for deprecia- 
tion, any act or resolve of this Court to the contrary not- 
withstanding. March 7, 1781. 

Chapter 213. 

RESOLVE REQUESTING THE GOVERNOR TO INFORM ^^^- QkaV 2t\^ 
WHEATON THAT MEASURES ARE ADOPTING FOR THE DE- ^ ' 

FENCE OF THE EASTERN PARTS OF THIS COMMONWEALTH. 

On the letter from Col. Wheaton,/)©;// Thomaston : 
Resolved, That the Governor be, and he hereby is 
requested, to inform said Colonel that measures are now 



350 1780. — January Session. 

adoptino- for the immediate defence of tlie Eastern parts 

of this Commonwealth, and that in the mean time Col. 

Wheaton be directed to take the most effectual measures 

for the security of the provisions and stores at TJiomaston. 

March 7, 1781. 
* 

Chapter 314. 

Chan 214 i^esolve making an establishment for the officers and 

^ ' seamen on board the ship mars, and empowering 

the governor to impress seamen to go on board said 

SHIP. 

Whereas it is expedient that the shi]) Mars should he 
immediately fitted fo)' tlie sea, to act in co-operation ivitJi 
one of his Most Christian Majesty's frigates, on an expe- 
dition to the Eastern parts of this Commonii'ealth : There- 
fore, 

Resolved, That the officers and seamen who shall 
engage on board said ship during her cruize, shall be on 
the same establishment as the officers and seamen who 
have heretofore engaged on board the ships in the service 
of this Commonwealth, with the addition of seven dollars 
of the bills of credit of the new emission, as a bounty to 
each seaman who shall voluntarily enter on board said 
ship for said service. 

And it is further Resolved, That the Governor, watli 
advice of Council, be authorized to impower the Com- 
mander of said ship, in case he cannot man his ship in 
season, on the aforesaid encouragement, to impress a 
sufficient number of seamen to go on board said ship to 
serve on said expedition, not exceeding six weeks from 
the time of said ship's sailing. March 9, 1781. 

Chapter 215. 

Chan 215 i^esolve on the petition of the inhabitants of thomas- 
^ ' rojv, in the county of Lincoln. 

On the petition of the inhabitants of Thomaston, in the 
county of Lincoln, setting forth their difficulties, by reason 
of a number of cruizers on their coast, and other circum- 
stances they are under, therefore pray for a temporary 
7'elease of the Reef Tax set upon that totem : 

Resolved, That the inhabitants of Thomaston be in- 
formed, by having a copy of this resolve sent to them, 



1780. — January Session. 351 

that this Court are taking proper measures for the defence 
of all the Eastern sea coasts ; that there will be soldiers 
in such places in that part of the country as shall be 
thought proper, and that such part of their beef as they 
can furnish, will be expended in the ensuing campaign 
for their own defence. And the Secretary is hereby 
directed to furnish said inhabitants of Thoviasfon with 
an attested copy of this resolve. March 7, 1781. 



Chapter 316. 

RESOLVE CONSIDERING THE PAY AND WAGES OF THE OFFICERS 
AND SOLDIERS OF THE MASSACHUSETTS LINE OF THE ARMY 
AS so MUCH IN SPECIE, AND GIVING SECURITIES FOR BAL- 
LANCES, AND APPOINTING A COMMITTEE TO ASCERTAIN SAID 
BALLANCES. 

Resolved, That the pay and wages of the oiBcers and 
soldiers of the Massachusetts line of the army, established 
by Congress, l)e considered as so much in specie, and that 
securities of this Commonwealth be given for the ballances 
due to said officers and soldiers, payable in gold or silver, 
or current bills of credit equivalent thereto, and that no 
reference be had to the late monopoly act in the settle- 
ment for the year 1780, and that said officers and soldiers 
be charged with the monies they have received for any 
part of the services of said year, at the real value thereof, 
agreeable to the scale of depreciation, and that the sup- 
plies in small stores that have been furnished the army 
the last year, l)e charged at the prime cost and charges of 
transportation of those supplies when delivered in camp. 

Resolved, That securities as aforesaid be given for 
the ballanceS' due for the first nine months services in 
said year, and also for the ballances due on account of 
the delay of payment and the bounties that have been 
deducted from the ballances due to the soldiers, the sums 
due on account of the delay of payment, and the l)ounties 
deducted to be ascertained by the same rule the value of 
the bounties so deducted were ascertained. That securities 
be given for one third part of the ballance found due as 
aforesaid, payable in the year of our Lord, 1784, with 
interest at the rate of six per cent, per anniim. That 
securities be given for one other third part payable in 
the year of our Lord, 1785, with like interest. That 
securities be given for one other third part, payable in 



ChapJ21Q 



352 1780. — January Session. 

the year of our Lord, 1786, with interest as aforesaid, 
said securities to be receivable for taxes granted in any 
of the years in which they respectively become payable. 
And in consideration of their loaning the sums aforesaid, 
they be allowed /b»r j^er cent, bounty, as is provided in 
other cases in the supply bill. That securities l)e given 
for the ballances found due for the services of the last 
three months, in the year 1780, payable on demand, with 
interest at six per cent, until paid, and that they be made 
receivable in the payment of any future tax that may be 
granted. 

Resolved, That Ellis Gray, Esq ; with such as the 
honorable House shall join, be a committee to ascertain 
the ballances that may be due to the army, said com- 
mittee to deduct what may be due from said officers on 
account of cloathing. 

And that Mr. Robert Jenkins and Samuel Henshaw, 
Esq ; be a committee on the part of the House, to ascer- 
tain the ballances that may be due to the army. 

Resolved, That Capt. Ezra Lunt, commissary of small 
stores for this Commonwealth, be, and he hereby is 
directed in person, or by his deputy, to attend in Boston 
immediately, with all the vouchers that may be necessary, 
to shew how much said officers and soldiers are indebted 
to this Commonwealth, on account of the small stores 
with which they have been furnished. 

And the Secretary of this Commonwealth is hereby 
directed to forward as soon as may be, this last resolve 
to said Capt. Lmit. March 8, 1781. 



Chap.2ll 



Chapter 317. 

RESOLVE DIRECTING THE COMMITTEE APPOINTED TO SETTLE 
THE ACCOUNTS OF THE TREASURER OF THIS COMMON- 
WEALTH, TO HIRE ONE OR MORE CLERKS FOR THIS BUSI- 
NESS. 

It appearing to this Court absolutely necessar;/ that the 
Treasurer of this Commonwealth be immediately called 
upon to settle and adjust his accounts with the committee 
appointed by this Court for that pnrjjose : Therefore, 

Resolved, That the committee appointed for this busi- 
ness be allowed, and they are herel)y directed, to hire 
one or more clerks, for the expediting said business with 
the utmost dispatch, that so said Treasurer's accounts 
may as soon as possible be closed. March 7, 1781. 



1780. — January Session. 353 

Chapter 318. 

A GRANT OF TWO HUNDRED AND TEN POUNDS, NEW EMIS- Chap.^ilS 
SIGN, TO JAMES KIMBALL, A LATE LIEUTENANT IN CAPT. 
GLEASON'S COMPANY, IN COL. NIXON'S REGIMENT. 

liesolved, That the sum of seven hundred dollars, of the 
new emission, be paid out of the public treasury of this 
Commonwealth to Janie.-< Kimball, a late Lieutenant of 
Capt. Gleasori's company, in Col. Nixon^s regiment, for 
nursing, Doctor's bill and losses he met with in conse- 
quence of the wounds he received in battle at Trenton, 
in the Jerseys, the 2d oi Ja)aiary 1777, which disenabled 
him from doing business for his support for near two 
years, as set forth in his petition ; and that the same be 
charged to the United States. March 8, 1781. 

Chapter 319. 

RESOLVE RELINQUISHING ALL CLAIM TO THE TERRITORY OF Qhar) 219 
VERMONT, IN CASE CONGRESS SHALL RECOGNIZE THEM AS ' ^' 

A SOVEREIGN INDEPENDENT STATE. 

Whereas an application has been made to the General 
Court of the Commonwealth o/" Massachusetts by Governor 
Chittenden, in behalf of himself and the inhabitants of a 
territory of land known by the name of Vermont, re- 
questing the said General Court to relinquish the claim of 
jar'isdiction of said Conimonirealth to the said territory ; 
this Court having maturely and deliberately considered 
the same, feel themselves disposed to comply with the 
reqtiest of said inhabitants, and to concede that the said 
territory, and the inhabitants within the same shoidd be a 
Sovereign Independent /State, in such tvay and manner, 
and upon such terms as shall be agreed upon and estab- 
lished by the Congress of the United States of America : 

Therefore Resolved, That in case the territory called 
Vermont be recognized by Congress, as a Sovereign Inde- 
pendent State, and enter into the confederation with the 
other American States, this Commonwealth will, and do 
hereby relinquish their claim of jurisdiction in and over 
the said territory, and to every part and parcel thereof 
from the north side of the town of Northfield, on the 
west bank of Connecticut river, in the county of Hamp- 
shire, to the north-west corner of the town of Williams- 
town, in the county of BerksJiire, in such manner, and 



354 



1780. — January Session. 



described by such other bounds as shall be established 
by the Delegates of the United States in Congress assem- 
bled ; reserving, nevertheless, to each and every indi- 
vidual within and without sjyd territory of Vei^mont, their 
full right and title to such lands within the same as are 
held and enjoyed by virtue of any right or grant derived 
from the Province, State, or Commonwealth of Massa- 
chusetts. 

And it is further Resolved, That His Excellency the 
Governor of this Commonwealth, be and hereby is re- 
quested to write to Congress informing them of the 
doings of this Court in the premises, and also to inclose 
a copy of this Resolve in a letter to Governor Chit- 
tenden. March 8, 1781. 



Chapter 330. 

ChaV 220 ^ GRANT OF ONE HUNDRED AND FIFTEEN POUNDS THREE 
^ ' SHILLINGS, TO JONATHAN ALBURT AND OTHERS, FOR FIRE- 

ARMS DETAINED FROM SAID MEN, WHa DID SERVICE IN 
COL. FELLOWS' S REGIMENT, IN 1775. 

}V7iereas Col. Benjamin Tupper has represented to the 
Honorable Congress of the United States that fifty-jive 
stands of arms were, in the year 1775, detained from the 
men that had done service in Col. Fellows' regiment, and 
the same v^ere turned into the Continental store, and which 
were never paid for ; and Congress having, by their reso- 
lution of the 'iUh of November last past, referred to the 
executive of Massachusetts to examine into the nature of 
the claim, and if equitable, to take order for the payment 
of the same on account of the United States. 

Hesolved, That it appears equital)le that the stands of 
arms afore mentioned l)c i)aid for to the respective OAvncrs, 
out of the treasury of this Commonwealth, amounting to 
the sum of one hundred and fij teen pounds three shillings, 
and that the same be charged to the United States, viz. 



In Captain Hazletoii's company. 





£. 8. 




£. «. 


To Jonathan Alburt . 


. 2 5 


To Isaac Stone . 


. 1 16 


Liman Clark 


. 2 


John Bament 


. 3 


Jonas Clark . 


. 1 18 


Luther Conant 


. 1 12 


Sam7iel Parks 


. 1 10 


Nathaniel Sprout . 


. 1 18 


Samuel Parks 


. 2 5 







1780. — January Session. 



355 



Captain William 


King^s company. 




To Josiah Dewer 


2 10 


To Gamaliel Wliiting 


. 1 18 


Great Barrington 


2 T) 


William King 


. 1 18 


Joseph Laivrencc . 


2 5 


Hackaliah Doolittle 


. 1 16 


William Whiting . 


2 


Eli Noble 


. 1 10 


Phineas Nash 


2 4 


Nathan Perry 


. 1 14 


Simeon Harlbut . 


2 


William King 


. 2 


Asa Edy 


2 


Dobartus Willard 


. 2 5 


Thomas Dexter . 


2 


Josiah Nash . 


. 1 10 


William Scharmerhorn 


1 18 


Samuel Chapin . 


. 2 16 


Henry William Divight 


3 


Great Barri?igto?i 


. 2 10 


William Denton . 


2 18 






Captain Thayer''s company. 




To Benjamin Reed . 


2 


To Thomas Fancey . 


. 2 2 


John Thayer 


2 6 


Joseph Hill . 


. 1 18 


Captain Pomr 


oy''s company. 




To Nathaniel Dady . 


2 


To Asahel Strong 


. 2 4 


Samuel Edwards . 


2 8 


John Strong . 


. 1 10 


John Or off el . 


2 10 


John Elliot . 


. 1 10 


Jonathan Holliday 


2 4 


Masa Cook . 


. 1 10 


Captaii 


1 Webs 


er''s company. 




To Serjeant James Cocks . 


2 6 


To Wheeler Higbe 


. 2 


Joseph Brown 


2 8 


Daniel Littlefield . 


. 2 


Bazaleel Moffatt . 


2 8 


Samuel Thotnas . 


. 1 13 


Enoch Pratt . 


2 


Robert Deming 


. 2 2 


Adam Bed . 


2 16 


Ebenezer Cole 


. 1 10 


Christopher Orant 


1 10 


George Mills 


. 1 10 


Captain Chaj) 


ins company. 




To Israel Chajmi 


• 





. 2 10 



£.115 3 

Resolved, That the respective sums set against the 
names of each of the persons or towns above named be 
paid to them or their respective heirs, or to their order, 
in silver or gold, or in paper currency equivalent thereto, 
amounting in the whole to the sum of one Jmndred and 
fifteen pounds three shillings, specie, which sum is to be 
charged to the United States, agreeable to a resolution of 
Congress dated November 24, 1780. March 8, 1781. 



Chapter 331. 

RESOLVE DIRECTING THE COMMITTEE OF SUPPLIES TO DE- 
LIVER BENJAMIN WELD AND THOMAS WALCUT A SUIT OF 
CLOATHS EACH. 

On the petition of Benjamin Weld, Assistant Ooinmis- 
sary, and Thomas Wallcut, steivard to the general hos- 
pital in this State, praying that he may be supplyed ivith 
cloathing. 



Chap.221 



356 1780. — January Session. 

Resolved, That Ehenezer Wales and Amasa Davis, 
committee of supplies, be, and they hereby are directed, 
to deliver Benjamin Weld, Assistant Commissary, and 
Thomas Wallcut, steward to the general hospital, a suit 
of cloaths each, they to be accountable for the same. 

March 8, 1781. 

Chapter 333. 

ChaV'^^^ RESOLVE RESPECTING THE CHOICE OF A GENTLEMAN TO 
^ ' PREACH THE ELECTION SERMON. 

Whei^eas it has been the practice of this government, at 
the formation of every new General Court, to attend 
divine service previous to their entering upo?i public busi- 
ness, and it is highly proper that so laudable a practice 
shoidd be continued: Therefore, 

Resolved, as the sense of the Senate, That it is highly 
expedient for the General Court, at their first meeting, 
annually to attend divine service, as heretofore, and that 
the Rev. Gentleman to preach on future occasions, be ap- 
pointed by each House alternately — the choice for the next 
election to be made by the Senate. March 8, 1781. 



Chap.22^ 



Chapter 333. 

RESOLVE DIRECTING THE COMMITTEE APPOINTED TO CONFER 
WITH A COxMMlTTEE OF OFFICERS OF THE MASSACHUSETTS 
LINE OF THE ARMY, TO BRING IN A RESOLVE AND A 
DRAUGHT OF A LETTER TO ACQUAINT CONGRESS OF THE 
MEASURES THIS COMMONWEALTH HAVE TAKEN WITH 
REGARD TO A SETTLEMENT WITH THEIR QUOTA OF THE 
ARMY. 

Ordered, That the committee of both Houses, that 
were appointed to confer with a committee of officers of 
the Massachusetts line of the army, be a committee to 
bring in a resolve and a draught of a letter to acquaint 
Congress of the measures this Commonwealth have taken 
with regard to a settlement with their quota of the army. 

March 8, 1781. 

Chapter 334. 

m^ OOA ^ GRANT OF FIVE THOUSAND POUNDS, NEW EMISSION, TO 
iytiap.JiA^ EBENEZER WALES AND AMASA DAVIS, THE COMMITTEE 
OF SUPPLIES. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth to Ebenezer Wales and Amasa 



1780. — January Session. 357 

Davis, the committee of supplies, the sum oi Jive thou- 
sand poimds, in the new emission, out of the first money 
the Treasurer may receive on tlie supply bill or otherwise, 
to enable said committee to execute the business assigned 
them, they to be accountable for the same. 

March 8, 1781. 

Chapter 335. 

RESOLVE EMPOWERING JOHN ALLEN, TO SELL THE HOUSE QJiaT).^^ 
AND LAND MENTIONED IN HIS PETITION. ^' 

On the 'petition o/John KW^nofthe State of 'New-Yovk. 

Resolved, That the abovesaid John Allen, be, and he 
hereby is authorised and impowered to sell for the most 
the same will fetch, a house and barn, and about one 
hundred acres of land, in the town of Dartmouth, and 
county of Bristol, being part of the estate which was 
given to his late deceased wife, Hope Allen, by her father, 
James Shearman, in his last will and testament, and make 
and execute a good and legal deed or deeds of the same. 
He the said John Allen, observing the directions of the 
law for the sale of real estates, by executors and admin- 
istrators, and giving proper security to the Judge of 
Probate, for the county of Bristol, that the neat proceeds 
arising from the aforesaid sale or sales, shall be put on 
interest, and the principal and interest paid to his son 
James Allen, now a minor, and the only surviving child 
of his late deceased wife. March 9, 1781. 

Chapter 226. 

RESOLVE RESPECTING THE CONTROVERSY BETWEEN GOVERN- n]jf,q, OOQ 
MENT AND PAUL DUDLEY SERGEANT, ESQ; RELATIVE TO ^ * 

CERTAIN CLAIMS ON THE ESTATE OF WILLIAM BROWN, 
ESQ; OF SALEM, AN ABSENTEE, EMPOWERING THE ATTOR- 
NEY GENERAL TO REFER SAID CONTROVERSY TO THE JUDG- 
MENT OF THREE INDIFFERENT PERSONS. 

W7iereas there is a controversy arose between Govern- 
ment and Paul Dudley Sargent, Esq ; respecting certain 
claims on the estate o/" William Brown, Esq ; late o/" Salem, 
in said county o/" Essex, a refiKjee. 

Therefore Resolved, That the Attorney General of this 
Commonwealth, in behalf of Government, be, and he 
hereby is empowered and directed, to agree with the 
said Paul Dudley Sargent to refer said controversy to 



358 1780. — January Session. 

the judgment of three indifterent persons, mutually chosen 
between them, whose award and determination thereon, 
or either two of them, shall be final, but if said Paid 
Dudley Sargent shall not agree thereto, the said Attorney 
General, be, and he hereby is directed, to proceed in a 
due course of law, and determine in whom the property 
of said estate is vested. And the committee for the sale 
of confiscated estates in the county of Essex, are directed 
to govern themselves accordingly. 

And it is further Resolved, That this Commonwealth 
Avill indemnify the said committee for all their doings 
pursuant to this resolve. March 9, 1781. 



Chapter 327. 

Char) 227 i^esolve hespecting deserters from the continental 

^ ' ARMY, BELONGING TO THIS COMMONWEALTH. 

Wliereas it appears to this Court that some further 
measures are requisite for the more speedy takinc/ up and 
securing such soldiers belonging to this Commonwealth's 
quota of the Continental army, now raising, ivho have 
deserted or may desert from the custody of any superin- 
tendent, before they' have been delivered over to a Conti- 
nental officer : Therefore, 

Resolved, That the several superintendents of the coun- 
ties within this Commonwealth, from whom any soldier 
has deserted, or shall hereafter desert as aforesaid, be, 
and they hereby are impowered and directed, forthwith 
to advertise any such deserter or deserters, in the public 
news-papers or otherwise, as to them shall seem most 
likely to produce the desired effect, promising, in the 
name of this Commonwealth to any person or persons 
who shall take and bring back any such deserter or. 
deserters to the superintendent from whom he or they 
deserted, a sum not exceeding twenty dollars of the new 
emission as a premium for each deserter so taken and 
brought back ; and such superintendent shall oblige said 
soldier, if of ability, to pay said premium and all other 
charges otherways, and shall lay their accounts before 
the committee of accounts for advertising, and all other 
necessary expences that may accrue in taking and bring- 
ing back an}' such deserter, together with the amount of 
the premium he may have paid as aforesaid, with sufli- 



• 1780. — January Session. 359 

cient vouchers for the same, before the committee of 
accounts for immediate allowance and payment, which 
sum shall be deducted out of any such soldiers wages, 
when due ; and the committee of accounts are hereby 
directed to keep a list of the names of all such deserters 
taken up as aforesaid. March 9, 1781. 

Chapter 337 a. 

RESOLVE DIRECTING THE TREASURER TO ISSUE HIS RECEIPTS (JJi^ 227 A 
ON THE COLLECTORS OF THE SEVERAL TOWNS IN THIS 
COMMONWEALTH FOR PAYMENT OF THE MEMBERS OF THE 
SENATE AND HOUSE OF REPRESENTATIVES. 

Whereas the state of the public treasury is such that the 
Representatives cannot receive the money for their travel 
and attendanQe on the General Court the present sessions: 
Therefore, 

Resolved, That the Treasurer be, and he hereby is 
directed to issue his receipts on the collectors of the 
several towns in this Commonwealth to all those Mem- 
bers of the Senate and House of Representatives who 
shall be willing to receive them in payment for their 
services the present sessions. March 9, 1781. 

Chapter 238. 

RESOLVE DETERMINING THAT THE COMMITTEE ON THE VALU- Chaj) 228 
ATION CONSIST OF MEMBERS OF BOTH HOUSES OF ^ ' 

ASSEMBLY. 

The committee of both Houses appointed to consider the 
opinions of the Justices of the Supreme Judicial Court 
upon the question between the two Houses, relating to the 
taking of the valuation, and enquire into, and report the 
principles on which the valuation shall be taken : Report 
as their opinion. 

That there be a committee of ])oth Houses appointed to 
examine the returns of the several towns in this State, 
respecting their taxable property, and state a valuation 
thereon, and report the proportion that the several towns 
and plantations in this Commonwealth shall pay towards 
the public taxes — to consist of five Members from the 
Senate, with such Members from the House, as the House 
shall think proper to add thereto : And the committee on 
the valuation be, and they hereby are directed, to form 
the valuation conjointly upon the whole real and personal 
property of the State, and upon the whole incomes of 
each. March 9, 1781. 



360 1780. — January Session. 



Chap22^ 



Chapter 339. 

A GRANT OF FIFTY-FIVE POUNDS NEW EMISSION, TO WILLIAM 
BAKER, MESSENGER OF THE- GENERAL COURT. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to William Baker, Messenger to both 
houses, fifty-Jive imuiids new emission, in full for a 
quarter of a years service, ending the 26th of February 
last. March 10, 1781. 



Chapter 330. 

Chan.'2'dO ^ grant of fifty-five pounds, new emission, to william 
^ ' baker, jun. clerk to the senate. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to William Baker, jun. Clerk to the 
Senate, fifty-five pounds, new emission, in part for his 
services as Clerk for the present year. March 10, 1781. 



Chapter 331. 

Chan 231 resolve granting nine shillings per day, to the hon. 

^ ' JEREMIAH POWELL, PRESIDENT OF THE SENATE, OVER AND 

ABOVE HIS PAY AS A MEMBER OF THE SENATE. 

Resolved, That there be paid out of the public treasury, 
to the Hon. Jeremiah Powell, Esq ; President of the 
Honorable Senate, the sum of nine shillings new emis- 
sion, per day, for each day's attendance the present 
session, in addition to his pay as a member of the Senate. 

March 10, 1781. 



Chap.232 



Chapter 333. 

RESOLVE DIRECTING THE JUDGES OF PROBATE IN' THE. SEVE- 
RAL COUNTIES WITHIN THIS COMMONWEALTH, TO REQUIRE 
DELINQUENT AGENTS TO SETTLE THEIR ACCOUNTS, AND 
IMPOWERING THEM TO PUT THE BONDS OF SUCH AGENTS 
IN SUIT. 

Whereas by representations made to this Honse, it 
appears that several agents on the estates of absentees 
within this Commonwealth, have neglected or refused to 
settle their accounts as by law dii^ected. 

Therefore Resolved, That the Judges of Probate, &c. 
in] the several counties within this CommouAvealth, be, 
and -are hereby directed, to require said delinquent 



1780. — January Session. 361 

agents in their counties respectively, forthwith to settle 
their accounts, and if said agents or either of them, shall 
neglect or refuse to settle his or their accounts when 
thereto required by said Judges, by the 12th day of 
June, 1781, the said Judges are hereby directed, to put 
in suit the bonds of such delinquent agents, and prosecute 
the same to effect. March 10^ 1781. 

Chapter 233. 

RESOLVE GRANTING CALEB DAVIS, ESQ; XIXE SHILLIYGS Chap.2d3 
PER DAY OVER AND ABOVE HIS PAY AS A MEMBER OF 
THE HOUSE OF REPRESENTATIVES. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to the Hon. Oalf-b Davis, Esq ; Speaker 
of the House of Representatives, for each days attendance 
as Speaker, nine shillings, new emission, per day, over 
and above his pay as a member of the House of Repre- 
sentatives . March 10, 1 781 . 

Chapter 234. 

RESOLVE DIRECTING THE COMMITTEE FOR SETTLING WITH QJidy) 234 
THE ARMY TO CALL ON ALL PERSONS WHO HAVE RECEIVED -^ ' 

CLOATHING FOR OFFICERS OF THE ARMY, TO SEND IN AN 
ACCOUNT THEREOF. 

Whereas a settlement is speedily to tal:e place vnth the 
officers and soldiers in the Massachusetts line; and it loill 
he necessary that all accounts should he laid before the 
committee appointed for that purpose; and as some offi- 
cers have received cloathing for the officers of a regiment 
or brigade; and it ivHl he necessary for that committee to 
be informed what cloathing to charge to each particular 
officer: Therefore, 

Resolved, That the committee for settling with the 
army be, and they are hereljy directed, where such infor- 
mation is wanting, to call on the persons who received 
such cloathing to send in an account of what each respec- 
tive officer has received ; and all persons who have 
received cloathing for officers of the army are hereby 
directed to furnish said committee w^ith an account of the 
distributions they have made of said cloathing, as they 
would avoid beins; charged with the whole of said cloath- 
ing themselves. And the Secretary is hereby directed to 
publish this resolution. March 10, 1781. 



362 1780. — January Session. 



Ckap.2S5 



Chap.236 



Chapter 235. 

GRANT OF OyE HUNDRED POUNDS TO JOHN AVERY, JUN. 
SECRETARY OF THIS COMMONWEALTH. 

ReHolved, That there be paid out of the treasury of this 
Commonwealth to John Avery, jun. Esq ; Secretary of 
this Commonwealth, one hundred pounds, new emission, 
in part for his services as Secretary. March 10, 1781. 

Chapter 236. 

RESOLVE REQUESTING NATHANIEL APPLETON, ESQ; LOAN- 
OFFICER, NOT TO STOP ANY MONEY ADVANCED WHICH IS 
TO BE PAID OUT OF THE MONEY ARISING FROM TAXES, 
AND DIRECTING THE TREASURER TO EXCHANGE SAID 
MONEY, RESERVING ONE TENTH. 

Whei^eas the money arising from the sale of confiscated 
estates is apioropriated to discharge the debts due from 
such estates, and to pay the depreciation notes of the army 
luhich became due the first instant: And whereas a con- 
siderable part thereof is iri the bills of credit of the old 
emission, which the Treasurer is dii'ected to lodge in the 
Loan Office: And ivhereas the Treasurer is indebted to 
Nathaniel Appleton, Esq; said Loan-Officer, for money 
advanced, ivhich is to be paid out of the money arising 
from taxes: Therefore, 

Resolved, That Nathaniel Appleton, Esq; Continental 
Loan Officer, be requested not to stop an}^ of said money 
for payment of money advanced as aforesaid, and which 
was to be paid out of the taxes ; and the Treasurer is 
hereby directed to exchange said money, and pay the 
value thereof as before directed, reserving the one tenth 
arising to this Government for the order of the General 
Court. March 10, 1781. 



Ghap231 



Chapter 237. 

RESOLVE REQUESTING THE GOVERNOR TO WRITE TO THE 
PRESIDENT OF CONGRESS RESPECTING THE MEASURES 
THAT HAVE BEEN TAKEN TO SETTLE WITH THAT PART OF 
THE CONTINENTAL ARMY BELONGING TO THIS COMMON- 
WEALTH. 

Resolved, That his Excellency the Governor, be, and 
he hereby is requested to write to the President of Con- 
gress, and inform him of the measures the government 
of this Commonwealth are taking to settle with their 



1780. — January Session. 363 

quota of the Continental army, for their services the 
last year, and also to enclose (if he shall deem it to be 
necessary) the several resolves that have passed this 
session, relative to paying of the depreciation notes that 
are become payable, and also for paying the interest of 
such other like notes as are not yet become payable. 
And the scAcral acts that have passed this session 
respecting the currency. March 10, 17S'l. 

Chapter 237 a. 

RESOLVE DIRECTING THE COMMITTEE ON PAY ROLLS, TO (JJ^ 287 A 
MAKE AN ADDITIONAL SUM TO THE PAY ROLLS MADE UP 
FOR THE THREE MONTH'S SERVICE THE LAST YEAR. 

JV/ieveas several pay rolls for (he men loho served in (he 
three month\s service the last year, have been exhibited to 
this Court Jbr alloioance and pai/ment, which rolls were 
made up, making the bills of credit of the new emission 
equal to gold and silver, and have been examined and 
alloived by the committee established for that purpose, and 
warrants granted for the payment thereof; since which, 
this Court have ordered that those who served as above, 
should be paid in gold and silver, or bills of credit 
equivalent thereto. 

Therefore Resolved, That the committee for examin- 
ing and passing of pay rolls, be, and they hereby are 
directed and impowered, to make an additional sum to 
such pay rolls as were made up for services done by the 
three month's men the last 3^ear, making the bills of 
credit of the new emission equal to gold and silver, and 
already examined and passed upon and warrants for pay- 
ment granted, which said additional sum, shall be such 
as in the whole will be equivalent to the sum ordered 
to be paid for said service, by a resolution of this 
Court passed this present session, and the Governor is 
requested to grant his warrant for the payment of said 
additional sum accordingly. March 10, 1781. 



Chapter 338. 

RESOLVE REQUESTING THE GOVERNOR WITH ADVICE OF (JJidt) 23g 
COUNCIL, TO RESTRICT JOHN WILLIAMS, SETH CATLIN AND ^ ' 

JOXATHAN ASHLEY, IN SUCH A MANNER AS THE COMMON- 
W^EALTH MAY RECEIVE NO INJURY. 

WJiereas it appears to this Court from the exatnination 
of John Williams, Seth Catlin and Jonathan Ashley, 



364 1780. — January Session. 

toucliing the inMructions given the Representatives of the 
toivn of Deerfield, and from the particular time at which 
those instructions were given, that there are just grounds 
of suspicion, that the said John Williams, Seth Catlin, 
and Jonathan Ashley, are unfriendly to the independ- 
ence of the United States. 

Therefore Resolved, That the Governor with advice of 
Council, be, and hereby is requested to lay the said John 
Williams, Seth Catlin and Jonathan Ashley, under such 
restrictions, as that the Commonwealth receive no injury 
from them or either of them. March 10, 1781. 



Chapter 339. 

(7Aa7>.239 RESOLVE DIRECTING THE SECRETARY TO FURNISH THE COM- 
^ * MITTEES FOR PROCURING LOANS, WITH AN ATTESTED COPY 

OF THE RESOLVES PASSED THIS DAY, WITH A SUBSEQUENT 
FORM OF A SUBSCRIPTION. 

Resolved, That the Secretary of this Commonwealth, 
be, and he hereby is directed, to furnish without loss of 
time, an attested copy of the resolves this day passed, 
appointing committees for procuring loans in the several 
towns and counties, &c. to the first named gentleman on 
each committee appointed as aforesaid, also of the subse- 
quent form of a subscription for the said loans, viz. 

" We the subscribers, taking into our serious considera- 
tion the present critical situation of pitblic affairs, and 
determined to give all possible aid to government for com- 
pleating the establishment of peace and independence, by 
filling up and supplying the army, do agree to pay to the 
Treasurer of this Commonwealth, through the hands of 
being a committee appointed by the Gene- 
ral Court for procuring loans, agreeable to an act passed 
the last session of the said Court, intitled, '■'■An act to 
supply the treasiwy ivith the sum of four hundred thou- 
sand pounds," the sums to our names respectively affixed, 
in money and effects, subject to the terms and conditions 
expressed in the said act and in the resolves of the said 
Court appointing the committee aforesaid, &c. dated 1781. 

March 10, 1781. 



1780. — January Session. 365 

Chapter 240. 

RESOLVE DIRECTING BRIGADIER-GENERAL WARNER TO RE- (J/fap 240 
CEIYE OUT OF THE TREASURY THREE THOUSAND ONE ^ ' 

HUNDRED AND TWENTY POUNDS, IN SPECIE, TO COMPLEAT 
THE GRATUITY ALLOWED TO THE MASSACHUSETTS LINE OF 
THE ARMY; AND GRANTING HIM ONE HUNDRED POUNDS, 
TO ENABLE HIM TO PROCEED UPON THE BUSINESS ASSIGNED 
HIM; AND DISCHARGING CAPT. THOMAS COWDEN Al>iD CAPT- 
JAMES BANCROFT FROM THE BUSINESS ASSIGNED THEM. 

Resolved, That Brigadier-General Warner receive out 
of the treasury of this Commonwealth, the sum of three 
thousand one hundred and twenty jiounds, in addition to 
the sum of twelve thousand pounds heretofore ordered to 
him and Col. JoJin Ashley, to compleat this Common- 
wealth's gratuity to the Massachusetts's line of the 
army, and that he proceed therewith to the army, and 
pay the same with Col. Ashley, in the same manner as is 
directed by a resolve of the 27th of January last past, 
the}^ the said Waimer and Ashley to be accountable for 
said money, and that there be paid out of the treasury 
of this Commonwealth, the further sum of one hundred 
pounds of the new emission money, to Brigadier Jona- 
than Warner, to enable him to proceed with the busi- 
ness by this resolve assigned him, he to be accountable • 
therefor to this Court. 

And u'hereas hy a resolve of the 6th of ]March current, 
Capt. Thomas Cowden and Capt. James Bancroft ivere 
appointed a committee to forward the hard money gratu- 
ity to Brigadier Jonathan Warner and Col. Ashley, 
which is become unnecessary hy the return of said War- 
ner, therefore. 

Resolved, That Capt. TJiomas Oov:den and Capt. 
James Bancroft be discharged from the business 
assigned them by said resolve of the sixth of this 
instant, March. March 10, 1781. 



Chapter 241. 



RESOLVE APPOINTING COMMITTEES FOR THE SEVERAL TOWNS 
AND COUNTIES WITHIN THIS COMMONWEALTH, FOR SUPPLY 



ING THE TREASURY WITH MONEY. 



Whereas it is of the highest importance that the most 
speedy and effectual measures be adopted for supplying 
the treasury of this Commonivealth with money; and 



366 1780. — January Session. 

also the superintendent, commissary general, and com- 
mittee for jourchasinc/ cloathing respectively, with specific 
articles in some measure adequate to the demands of 
government, agreeahle to the Tale su])ply bill. 

It is Resolved, That the following gentlemen be, and 
they hereby are appointed a committee for the several 
towns and counties within this Commonwealth, and for 
the purposes hereafter specified, viz. 

For the town of Boston, William. JPhillips, Esq ; JlJllis 
Gray, Esq ; John Rowe, Esq ; Edward Paine, Esq ; and 
Mr. Stephen Higginson. 

For the town of 8ale)a, Elias Hasket Derby, JSTathan 
Goodell, and Jacob Ashton, Esq'rs. 

For the town oi Newbury Port, Tristram Dalton, Es(| ; 
Nathaniel Tracy and Jonathan Jackson, Esq'rs. 

For the town of Beverly, George Cahot and Josiah 
Batchelder, jun. Esq'rs. 

For the town of Gloucester, Epes Sargent and Peter 
Ooffin, Esq'rs. 

For the town of Ipswich, Diimmer Jewett and Michael 
Farley, Esq'rs. 

For the town of Marblehead, Elbindge Gerry and Jona- 
than Glover, Esq'rs. 

For the county of Suffolk, the town of Boston excepted. 
Cotton Tufts, Esq ; Mr. Abner Ellis and Stephen Metcalf, 
Esq. 

For the county of Essex, the towns of Salem, Neir- 
bury Port, Beverly, Ipswich, Gloucester and Marble- 
head excepted, Mr. William Shillaber, Edmund Saw- 
yer, Esq ; Samuel Phillips, jun. Esq ; Daniel Thurston, 
Esq ; Mr. Isaac Redding ton, and Mr. Jonathan Chaplin, 
jun. 

For the county of Middlesex, Col. Samuel Thatcher, 
Nathaniel Gorham, Esq ; Oliver Prescott, Esq ; Mr. 
Simon Stow, Mr. Enoch Greenleaf, and Mr. Benjamin 
Hall. 

For the county of Worcester, Samuel Curtis, Esq ; 
Jonathan Fessendon, Esq ; Col. William Henshaw, Mr. 
William Page, Abner Holden, Esq ; and Capt. John Tyler. 

For the county of Hampshire, Samuel Mather, Esq ; 
Elijah Hunt, Esq ; Major Selah Barnard, Major Wil- 
liam Pynchon, and Elisha Porter, P^sq ; 

For the county of Bristol, Mr. Nicholas Baylies, Mr. 
Lemuel Williams, and Col. Tho^nas Carjyenter. 



1780. — January Session. 367 

For the town and county of Phjmouth, Capt. EpJwaim 
Spooner, Cvi^it. David ICim/ man, and C&Yit. Joseph Smith. 

For the county of Barnstable, Joseph Nye, Esq ; of 
Sandwich, and Elisha Doane, Esq. 

For the county of York, Joseph Simpson, Esq ; Capt. 
WiUiam Ro<iers and Mr. Joseph MorriU. 

For the county of Cumberland, John Waite, Esq ; John 
Levis, Esq ; and Col. Edmund Phinney. 

For the county of Lincoln, William Lithgow, Esq ; 
William Harvard, Esq ; and Capt. Charles Sampson. 

For the county of Berkshire, Timothy Edwards, Esq ; 
Capt. WiUiam Bacon, and Col. Jonathan Smith. 

Who are respectively empowered and directed, imme- 
diately on the receipt hereof, to open subscriptions in 
the several towns and counties aforesaid, for loans to 
Government, agreeable to the supply bill aforesaid ; and 
to take such other measures as they may find necessary 
for expediting and regulating the same ; and also to form 
any part of the inhabitants of the said towns and coun- 
ties into associations for entering into contracts with each 
other for the purposes aforesaid — provided that the same 
be not repugnant to law. 

And ivJiereas the pressing demands of Government for 
supjilying the army are such as to render it necessary 
that money and specific articles only he received on the 
present loan. 

It is Resolved, That no securities of this Government 
heretofore given, except those usually stiled depre- 
ciation notes, and which are now payable, shall be 
received as money on the said loans, for the term of 
three months from the date hereof, any thing in the said 
supply bill to the contrary notwithstanding : And that 
a committee be appointed to prepare and bring in a 
supply bill on the tirst week of the next session of the 
General Court, for the express purpose of receiving the 
aforesaid securities on loan. 

And ivhereas the state of the treasury has been such as 
not to admit of punctual payment of interest as the same 
became due: 

It is further Resolved, That the Treasurer be, and he 
hereby is directed, to allow and pay annual compound- 
interest on all securities of this Government, any resolve 
of this Court to the contrary notwithstanding. 

And it is also further Resolved, That all sums, whether 



368 1780. — January Session. 

in money or specific articles, loaned to Government as 
aforesaid, l^e, and they hereby are exempted from every 
species of taxation to Government, during the continu- 
ance of the same in the treasury of this Commonwealth. 

March 10, 1781. 

Chapter 243. 

Choil 242 ^ GRANT OF TEN THOUSAND POUNDS, NEW EMISSION, TO BE 
^ * DRAWN OUT OF THE TREASURY DURING THE RECESS, BY 

THE GOVERNOR, WITH THE ADVICE OF COUNCIL, TO 
ANSWER CONTINGENT SERVICES, 

Mesolved, That the sum of ten thousand pounds, new 
emission, be appropriated for contingent services during 
the recess of the General Court, to be drawn out of the 
treasury by his Excellency the Governor, with advice of 
Council, on any emergency that may require the same : 
And his Excellency is requested to direct the accounts 
of the expenditure of any such mone}^ as may be drawn 
out of the treasury as aforesaid, to be laid before this 
Court for examination. 3Iarc7i 10, 1781. 



ChajjMd 



ChapMi: 



Chapter 343. 

A GRANT OF FIFTY-FIVE POUNDS, TO ANDREW HENSHAW, 
ESQ; CLERK OF THE HOUSE OF REPRESENTATIVES, FOR 
PART OF HIS SERVICES AS CLERK. 

Resolved, That there be paid out of the treasury of this 
Commonwealth to Andreiv Henshcnv, Clerk of the House 
of Representatives, fifty -five pounds, new emission, in 
part for his services as Clerk for the present year. 

3Iarch 10, 1781. 

Chapter 344. 

RESOLVE FOR ALL PERSONS IN THE SEVERAL TOWNS IN THIS 
COMMONWEALTH, WHO MAY BE ELECTED AS TOWN OFFI- 
CERS AND SUSPECTED OF BEING INIMICAL, TO HAVE THE 
OATH OF ALLEGIANCE TENDERED TO HIM, AND IN CASE. 

Whereas it appears to this Court, that some part of the 
inhabitants q/" Deerfield, /"rom disaffection to the American 
cause, and from a loicked design, of affording aid to Brit- 
ain in subjugating the American States, have upon all 
occasions embarrassed in that town the execution of 
the measures of government for maintaining the inde- 



1780. — January Session. 369 

pendency of America, and for the support of this Com- 
momvealth : And whereas David Field, Esq ; and a num- 
ber of other inhabitants of said toivn, icell affected to the 
American cause, and to the cause of liberty and virtue, 
have, by their petition represented their readiness to com- 
ply with the requisitions of this Court made upon the 
town of Deerfield, and the great dijiculties that arise to 
them from the conduct of the persons aforementioned, and 
pray for relief: And similar circumstances may have 
tahen place in other towns. 

Resolved, That all persons now in any town or parish 
office, who may hereafter be elected to an}^ town or par- 
ish office, as also grand and petit jurors, chosen by any 
town, and all persons offering, to vote in any town meet- 
ing, whose allegiance, fidelity and good-will to the 
American cause, may be suspected and called in ques- 
tion by any five freeholders of the town where such 
officer has I)een or may be elected, or such person may 
offer his vote, the oath of allegiance provided by the 
constitution for the officers of government (mutatis 
mutandis) shall be tendered to them, and such of them 
as shall refuse to take or subscribe the same shall not be 
permitted to vote in any town or parish meeting, or to 
hold any town or parish offices, or act as grand or petit 
jurors. And all elections of such officers already made, or 
that shall hereafter be made of such persons, shall be 
void, and any town or parish where such elections shall 
become void by means of the refusal as aforesaid, shall 
as soon as may be, proceed to the choice of some others 
to fill such vacant offices, and if necessary the Select- 
men of towns or the committee of plantations for the 
preceeding year, a're hereby required to call town or 
parish meetings for that purpose, in the way and man- 
ner prescribed by law. 

Resolved, That any person or persons in any town 
within this Commonwealth, where there shall be, either 
from disaffection or other motives, any such opposition 
to the requisitions from time to time that shall be made 
on such town by the General Court, as may prevent the 
execution of said orders, and subject the town to the 
payment of penalties for neglect, and thereby involve all 
the inhabitants in such town without distinction in the 
same punishment, and who shall furnish their proportion 
of such requisitions, or pay to the selectmen a sum of 



370 1780. — January Session. 

money equal thereto, within the time limited by such 
order of Court, shall be exempted from tlie payment, or 
I of being assessed for the payment of any lines or penalties 

that may be incurred as aforesaid, and the whole of such 
tines and penalties, shall be levied upon and paid by such 
inhabitants of any town as have not complyed as afore- 
said. 

And it is further Resolved, That where there is no jus- 
tice of the peace present, the town clerk for each town or 
plantation is impowered to administer the oatli aforesaid. 

March 10\ 1781. 



Chap.2i5 



Chapter 345. 

RESOLVE DIRECTING THE TREASURER TO DISCHARGE SUCH 
DEPRECIATION NOTES AS WERE PAYABLE ON THE FIRST OF 
MARCH, INSTANT, AND ARE STILL THE PROPERTY OF THE 
OFFICERS AND SOLDIERS OF THE MASSACHUSETTS LINE OF 
THE ARMY. 

Whet^eas it may he difficult in some instances to obtain 
such evidence concerning the property of the officers and 
soldiers depreciation notes, as is jjresci'ibed in the resolve 
of the dd of March instant, touching this matter. 

Resolved, That the Treasurer be, and he is hereby 
directed, to discharge such depreciation notes as were 
payable on the first of March instant, and are still the 
property of the officers and soldiers now belonging to 
the army, as Avell as the interest on the three other notes 
given to, and still belonging to said officers and soldiers, 
provided the person who presents any such notes shall 
produce a certificate from the selectmen of any town or 
the committee of any plantation to w^hich such officer or 
soldier belongs, certifying that they have satisfactory 
reasons to believe that such notes w^ere the property of 
the original holder at the tim'e the certificate was given ; 
and if the person presenting the same shall take the oath 
prescribed for this [)urpose in the resolve aforesaid. 

And the Secretary is hereby directed to cause this 
and the said resolve of the 3d of March, with the report 
of the Justices of the Supreme Judicial Court, determin- 
ing the value of said notes in specie, to be printed in 
the Independent Chronicle. March 10, 1781. 



1780. — January Session. 371 



Chapter 346. 

RESOLVE REQUESTING THE GOVERNOR TO WRITE THE LEG- (Jhap.246 
ISLATURE OF THE STATE OF NEIV-HAMPSHIRE, THAT NEC- 
ESSARY MEASURES MAY BE TAKEN TO PREVENT THE 
EXPORTATION OF MASTS, &c., FROM SAID STATE. 

Whereas earl]/ in the jjresent contest ivith Great Britain, 
it was found that some persons, infitienced hy avarice or 
disaffection, and unrestrained at that time hy any positive 
Imo, supplied the fleets of Britain from time to time tvith 
masts, yards and spars, under pretence of exjwrting those 
articles to the French Islands in the West-Indies, and 
other persons, thour/h honestly disposed, frequently gave 
the enemy opjMvtunities of captwing valuable cargoes of 
said articles hy incautiously transjwrting them to foreign 
markets. The Gerieral Court of the State of Massachu- 
setts-Bay were no sooner apprized of a practice dangerous 
in its consequences, and evidently tending to serve our 
enemies and distress onr friends, than they passed an act, 
prohihiting under severe penalties, the exportation of any 
masts, yards and spars from said State, of fifteen inches 
diameter and upwards, unless hy permission specially 
obtained for that purpose from the General Court, under 
the seal of the State, or from the Goveimor and Council 
in the recess of said Court, ivhich act has heen revived 
and is still in force, and as the present shattered condition 
of the British fleet in the West-Indies and other parts, 
must greatly enhance the value of those articles among our 
enemies, and consequently hold up an additional incite- 
ment to the commission of those evils which the said act 
ivas intended to prevent, — it is therefore more than prob- 
able that so7ne individuals in those States, where no similar 
prohibitory laws are now in being, may he induced, from 
lucrative or other motives, to supply the said fleets ivith 
masts, yards, and spars, articles of ivhich they are in 
great want, and cannot othertvise obtain but at an expence 
and delay that onust greatly retard their operations and 
facilitate those of our generous ally ; hence ive conclude, 
that every State that has not already made effectual provi- 
sion for the purpose, will see the necessity of prohibiting 
the exportation of said articles, uidess under certain severe 
restrictions ; hut such is our confidence in the luisdom and 
patriotism of the government of New Hampshire, that we 



372 1780. — January Session. 

are sensible it is only necessary to point out the probable 
existence of an evil of the preseyit magnitude, in order to 
induce the legislature of that State to adopt the most 
speedy and effectual measures to prevtnt or punish it. 

Therefore Ilesolved, That the Governor be, and he 
herel)y is requested to write to the legislature of the 
State of Nevj Hampshire, on this subject, that the neces- 
sary measures may be taken, if none such are already 
adopted, to prevent the exportation of masts, yards and 
spars from said State. March 10, 17 SI. 



Chapter 347. 

Chan ^47 Resolve empowering the governor, with the advice 

^ '" OF COUNCIL, TO ADOPT SUCH MEASURES IN THE RECESS OF 

the GENERAL COURT, AS SHALL BE DEEMED NECESSARY 
FOR THE DEFENCE OF THE EASTERN PARTS OF THIS COM- 
MONWEALTH, AND GRANTING SIX THOUSAND DOLLARS, 
NEW EMISSION, FOR SAID PURPOSE. 

Whereas in the present critical situation of the three 
Eastern counties of this Commonwealth, it is necessary 
that extraordinary powers should be vested in the Governor 
and Council, in the recess of the General Court: There- 
fore, 

Resolved, That the Governor be, and he is hereby em- 
powered and requested, by and with the advice of Coun- 
cil, to adopt such measures during the recess of the 
General Court, as he may deem necessary for the defence 
of the Eastern parts of this Commonwealth : For which 
purpose, it is further 

Resolved, That the Governor be, and he is hereby 
emi)owered, with the advice of Council, to draw out of 
the treasury of this Commonwealth, a sum not exceeding 
six thousand dollars of the new emission, part of the sum 
of twenty thousand dollars ordered to be borrowed by the 
resolves of the second instant ; and that the Governor be 
requested to give order that the account of the expendi- 
ture of the money he may draw out of the treasury in con- 
sequence of this resolution, be laid before the General 
Court for examination. March 10, 1781. 



1780. — January Session. 373 

Chapter 348. 

RESOLVE DIRECTING THE TREASURER TO DISCHARGE THE Cliap.^i.^ 
MONEY DUE ON AN ORDER OF CONGRESS, OF THE 15th OF 
APRIL LAST, IN FAVOR OF JEREMIAH WADS WORTH, ESQ; 
COMMISSARY-GENERAL, ENDORSED TO MR. JOSEPH RUG- 
GLES, IN CERTIFICATES OF THE SAME TENOR WITH THOSE 
FURNISHED TO THE LATE COMMITTEE FOR SUPERINTENDING 
PURCHASES. 

^VJiereas tJiere appears to he due on an order of 
Congress, of the loth day of April last, draimi on the 
Treasurer oj this CommomuealtJt, in favor of Jeremiah 
Wadsworth, Esq; late Commissary General of the Conti- 
nental army, live hundred and seventy thousand pounds, 
of the old emission of money : And ivhereas said order hy 
endorsement is noio in the hands of Mr. Joseph Ruggles, 
and a umrrant of the late Council for payment of the 
same. 

Therefore Resolved, That the Treasurer be, and he 
hereby is directed, to discharge the same in certificates of 
the same tenor with those furnished to the late committee 
for superintending purchases, and to be negotiable in the 
same manner, provided said Ruggles is disposed to 
receive the same as a discharge of said warrant, which 
warrant bears date June 20, 1780. March 10, 1781. 



Chapter 249. 

A LETTER TO THE PRESIDENT OF CONGRESS. 

A Letter to the President of Congress. 

Sir, 
The General Assembly of this State being near the 
close of a tedious session when your Excellency's letter, 
inclosino- the resolves of Conijress of the 3d and 7th 
ultimo, was received, and doubting greatly whether the 
good people of this State will agree to such a disposition 
of the effects of an impost duty as is proposed (if they 
should think any adviseable) have thought it prudent to 
postpone a determination thereof to the next session, which 
will be early in April, and communicate to your Excel- 
lency our objections thereto. The Massachusetts are 
ready, and trust by their conduct have given evidence of 
their readiness to contribute their full proportion towards 
the expences of the war, and other public charges, but 
they have great reason to suppose, that by some accident 



CAa/?.249 



374 1780. — January Session. 

or mistake they are already called upon in an undue pro- 
portion to their abilities ; but a representation on this 
head they are preparing to send to Congress — such a 
duty as this we conceive would be an unequal burthen, 
operating very heavily on some States and with little 
weight on others. Every State must be supposed able 
to pay taxes in proportion to their wealth ; but if one 
Slate employs its wealth in raising corn or pork, rice or 
toljacco, and another, from its local situation, throws the 
same quantity of wealth into vessels of war, the one may 
pay a large sum upon this plan, and the other nothing at 
all ; so, if one State is so far advanced in manufactories 
as to 1)6 able to cloath themselves, and another is obliged 
to import all they wear, the same event may take place : 
If therefore, we should accede to a part of the proposi- 
tion, there appears no degree of probability of our doing 
it upon any other plan than that the proceeds of the 
duties should be passed by Congress, to the credit of the 
State from which they rise, and deducted out of their 
annual })roportion of the public exi)ence ; but though we 
had agitated among ourselves the question of laying 
duties on importation for our own internal purposes, 
before we received your Excellency's letter, we found it 
a question of such magnitude, that we have not yet 
decided it. The mercantile interest in this Common- 
wealth seem to consider it as a partial tax, as they say 
the general maxim of these burdens being borne b}^ the 
consumer, does not hold in the present state of our trade, 
when it is notorious that most imported commodities are 
vended below their cost. We are very sensible of the 
necessity of furnishing Congress with a permanent fund, 
of which they may have the sole distribution, and feel the 
daily embarrassments arising from the confusion produced 
by the mixed requisitions that are necessarily made, and 
the settlements we are called upon to make with the Con- 
tinental army, in which we find it impossible to distin- 
guish what ought to be settled by officers of Congress, 
and what by us. We shall therefore very readily concur 
in any measures for establishing funds, upon such prin- 
ciples as will operate in proportion to the abilities of each 
State, and that such taxes, and the management of them, 
should be under the controul of Congress, or to agree to 
any other arrangements, upon equitable principles, that 
will give weight to the exertions of Congress. 



1780. — January Session. 375 

Eead and accepted, and thereupon Ordered, That the 
President of the Senate be, and hereljy is requested, to 
sign the above letter in the name and behalf of the 
General Court; and that his Excellency the Governor 
be desired to transmit the same to Congress. 

March 10, 1781. 



1780. — April Session. 377 



RESOLVES 

OP THE 

GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS. 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUF- 
FOLK, ON WEDNESDAY THE TWENTY-EIFTH DAY OF 
OCTOBEE, ANNO DOMINI, 1780; AND FROM THENCE 
CONTINUED, BY PROROGATION AND ADJOURNMENT, TO 
WEDNESDAY THE ELEVENTH DAY OF APEIL, ANNO 
DOMINI 1781, AND THEN MET AT THE SAME PLACE, 
(BEING THE THIRD SESSION OF SAID COURT.) 



1780. — April Session. 
Chapter 1. 

RESOLVE PERMITTING THE SOLDIERS AT CASTLE ISLAND TO nj^vn \ 
ENLIST IN THE CONTINENTAL SERVICE FOR THREE YEARS ^' 

OR DURING THE WAR ; AND AUTHORIZING THE COMMAND- 
ING-OFFICER OF SAID GARRISON TO ENLIST AS MANY SOL- 
DIERS AS SHALL BE NECESSARY TO FILL UP ANY VACANCY. 

Wliereas it has been rejjresented to the General Court 
that a number of soldiers belonging to the garrison at 
Castle Island, are ivilling to inlist into the Continental 
army to serve three years or during the war : Therefore, 

Resolved, That the commissioned-officers, committees 
and classes of the several towns, to which such soldiers 
belong, be, and hereby are permitted to inlist said sol- 
diers into the Continental army, to serve therein three 
years, or during the war with Great-Britain ; and such 
soldiers, so inlisted, being mustered by one of the county 
Muster-Masters, and delivered to the Superintendent of 
the county to which they belong, shall be considered as 
part of the quota of the several towns to which they 



378 1780. — April Session. 

respectively belong, as assigned such towns by the 
resolve of the 2d day of December^ 1780, any act or 
resolve to the contrary notwithstanding. 

And it is further Resolved, That the chief Command- 
ing-Officer of said garrison be, and hereby is author- 
ised and directed, to inlist from time to time as many 
soldiers as shall be necessary to fill up any vacancy 
which may arise from the inlisting soldiers, now doing 
duty in said garrison into the Continental army, in con- 
sequence of this resolve. April 17, 1781. 

Chapter 3. 

ChaV 2 RESOLVE DIRECTING BRIGADIER-GENERAL WARNER TO PAY 
^' TO THE NON-COMMISSIONED OFFICERS AND PRIVATE SOL- 

DIERS (THAT SHALL APPLY TO THEM AT BOSTON) ONE 
HALF OF THE HARD MONEY GRATUITY GRANTED TO THE 
MASSACHUSETTS LINE OF THE ARMY BY THE GENERAL 
COURT. 

Resolved, That Brigadier-General Warner be, and is 
hereby directed to pay to the non-commissioned officers 
and private soldiers that belong to the Massachusetts 
line of the army (that shall apply to them at Boston, and 
produce sufficient vouchers to his satisftiction, that they 
are engaged during the war, and are in this State on 
furlough or command) one half the hard money gratuity 
granted to them by the General Court of said Common- 
wealth, he taking proper receipts therefor, any resolve 
to the contrary notwithstanding. A^nil 16, 1781. 

Chapter 3. 

Char) 3 resolve on the petition of Joseph welch, a prisoner 

^ * * IN THE COMMON GAOL IN CAMBRIDGE. 

On the petition of Joseph Welch, « prisoner in the 
common gaol in Cambridge, praying fot' enlargement. 

Resolved, That the prayer of said petition be so far 
granted that the said Welch have liberty to go at large 
within the limits of the first parish in the town of Cam- 
bridge, under the inspection of the selectmen of said 
town, lor the purpose of negotiating his private busi- 
ness, until a cartel shall sail for Nevi-YorTc; and the 
Sheriff of the county of Middlesex, or the under keeper, 
be, and hereby is directed, to liberate liim accordingly. 

Aprilie, 1781. 



1780. — April Session. 379 

Chapter 4. 

A GRANT OF THIRTEEN POUyOS TEN SHILLINGS, TO JOHN (Jkap. 4 
BROOK, A PENSIONER, PAYABLE TO MAJOR JOHN PHILLIPS. 

Resolved, That forty-five dollars, the new emission, be 
paid out of the pul)lic treasuiy of this Commonwealth, 
to Major John Phillips, for the use of John Brook, 
in full for his pension for one year, ending on Decem- 
ber 20, 1780, agreeable to a former resolve for said 
purpose. April 16, 1781. 

Chapter 5. 

RESOLVE ON THE PETITION OF ZEBADIAH SHATTUCK, OF (Jhn^j 5 
BLUE-HILL-BAY, ON THE EASTERN SHORE OF THIS COM- ^ * 

MONWEALTH. 

On the petition of Zebadiah Shattuck, lately an inhabi- 
tant on the eastern shore, called Blue Hill Bay, jsraym^/ 
for liberty of passing to his former habitation, for the 
purpose of securing his estate, and to return ivith the 
proceeds thereof: 

Resolved, That the prayer of said petition be granted, 
and that the aforesaid Zebadiah Shattuck have liberty 
of passing to his former habitation for securing his 
estate, and returning with the proceeds of it : And 
that the aforesaid Zebadiah give bonds to the Treasurer 
of this Commonwealth, with two sufficient sureties, in 
the snm. five hundred jjounds, lawful money, that he will 
carry nothing that may not be necessary for his support, 
nor bring any thing from thence but the proceeds of his 
own estate ; and that he will return as soon as may be. 

Aprill6,1781. 



Chapter 6. 

RESOLVE ON THE PETITION OF DR. CHARLES JARVIS, PERMIT. 
TING HIM TO IMPORT THE GOODS MENTIONED, IN ANY FLAG 
FROM NEIV YORK. 

On the ptetition of Dr. Charles Jarvis, setting forth. 

That Lady Pepperell, Mrs. Sparhawk and his wife 

have some goods lying in New York, for the use of their 

families, to the value of about one hundred pounds, 

sterl. which was sent there witJiout orders: 

Resolved, That Dr. Charles Jarvis be, and he is hereby 



Chap. 6 



380 1780. — April Session. 

permitted to import said goods into this Commonwealth, 
in any ilag from New York, he giving bonds to the 
amount of two thousand pounds , to the Naval Officer of 
this State, that he will remit no monies or articles for 
said goods, and import no more than to the amount 
aforesaid, agreeable to his petition. April 16, 1781. 

Chapter 7. 

(JJiaj), 7 RESOLVE ON THE PETITION OF JOHN BROWNE, EMPOWERING 
-^* HIM TO SELL ONE THIRD OF THE DWELLING-HOUSE AND 

LAND MENTIONED. 

On the petition of John Browne, shewing, that he is 
guardian duly appointed to Benjamin Browne Plaisted, 
a non-co7nj)os, and praying to be empoivered to sell one 
third part of a dioelling-house and land in Salem, in 
the county of Essex, the property of the said non-compos ; 
and that the proceeds of the sale may he applied to pay 
the just debts of the said non-co7npos, and for his com- 
fortable support : 

Resolved, That the said John Broivne be, and he is 
hereby impowered to make sale of the one third part 
of said dwelling-house and land, for the most the same 
will fetch ; and in his said capacity of guardian to the 
said Benjamin Browne Plaisted, to make and execute 
good and sufficient deed or deeds of sale of the same, 
he the said guardian giving proper security to the 
Judge of Probate for the county of Suffolk, that the 
proceeds of said sale shall be applied to pay the just 
debts of the said non-compos in the first place, and the 
overplus to his comfortable support. April 16, 1781. 

Chapter 8. 

Chaj)' 8 I^ESOLVE ON THE PETITION OF SAMUEL SHELDON POOL, AND 
^' TWO OTHER PERSONS, GIVING THEM LEAVE TO PURCHASE 

A VESSEL AND PROCEED TO CAPE FORSHUE, THEY GIVING 
BONDS, &c. 

On the petition of Samuel Sheldon Pool and two other 
persons, praying for liberty to go to Cape Forshue, in 
Nova-Scotia, /or reasons set forth in their petition. 

Resolved, That Samuel Sheldon Pool, Seth Barnes and 
James Kane, the petitioners, having liberty to procure a 
vessel, nor exceeding twenty tons ])urthen, and proceed 



1780. — April Session. 381 

to Cape Forshue, in J!^ova- Scotia, and the Naval Officer 
of the port of Boston is hereby directed to clear said 
vessel out, the said Samuel Sheldon Pool, Seth Barnes, 
and James Kane, giving bonds to the said Naval Offi- 
cer, that no article be carried in said vessel, excepting 
provisions sufficient for the men who navigate her, to 
carry her to said Co/^e Forshue: And all commanders 
of armed vessels belonging to this Commonwealth, are 
hereby directed, and all commanders of armed vessels 
belonging to any other of the United States, are requested 
not to seize or molest said vessel or men in their passage 
to said place. April 17, 1781. 

Chapter 9. 

RESOLVE ON THE MEMORIAL OF RICHARD DEVENS, BSQ; COM- (Jhdj) 
MISSARY-GENERAL, DIRECTING HIM TO DISPOSE OF CER- ^ ' 

TAIN ARTICLES AT PUBLIC AUCTION. 

On the memorial of Kichard Devens, Esq ; (Jommis- 
sary General, pray ing for leave to dispose of a number of 
articles delivered him by the Board of War, ivhich are not 
toantedfor the use of the Commonivealth. 

Resolved, Thaf the said Richard Devens, be, and he is 
hereby impowered and directed, to dispose of all such 
articles in his hands as are not wanted for the use of 
government, at public auction, and pay the neat pro- 
ceeds of the same into the Treasurer's office of this 
Commonwealth, taking duplicate receipts therefor, one 
of which to be lodged in the Secretary's office. 

April 18, 1781. 

Chapter 10. 

A GRANT OF TWENTY-FIVE POUNDS TO ABU AH FROST, A ril,r,rn 10 

PENSIONER. K^naj). lU 

On the petition of Ahiiah. YvoQt, praying for allowance 
on account of the depreciation of his pension. 

Resolved, That the prayer of the petition be granted, 
and that there be paid out of the public treasury of this 
Commonwealth to the said Abijah Frost, the sum of 
twenty-five jjounds in gold or silver, or paper currency 
equivalent thereto, in full for his pension for two years, 
which became due on the fifth day of April, A. D. 
1781. 



382 1780. — Apkil Session. 

And be it further Resolved, That all pensions heretofore 
granted and now due, or that may hereafter become due, 
shall be paid in gold or silver, or paper currency equiva- 
lent thereto . April 17, 1 781 . 

Chapter 11. 

CliaV 11 RESOLVE DIRECTING THE TREASURER OF THIS COMMON- 
-^ ' WEALTH TO PAY TO CHARLES MILLER, TWO THOUSAND 

TWO HUNDRED POUNDS NEW EMISSION, ADVANCED TO 
HIM BY THE CONTINENTAL LOAN OFFICER. 

The committee on the memorial of Charles Miller, Pur- 
chasing Commissary , praying he may be supplied with 
two thousand two hundred pounds, new money. 

Resolved, That the Treasurer of this Commonwealth be, 
and he is hereby directed, to pay to said Charles Miller, 
two thousand two Aw?icZ?'eJj90imcZs, new emission, out of 
the money advanced to him by the Continental Loan 
Officer, in this Commonwealth, agreeable to a resolve 
of the General Court last session, said Miller to be 
accountable for the same. April 17, 17 SI. 



Chap. 12 



Chapter 13. 

RESOLVE REPEALING A RESOLVE OF THE GENERAL COURT 
PASSED THE 9th OF FEBRUARY, RESPECTING THE SOLDIERS 
RAISED IN THE THREE EASTERN COUNTIES, AND SUBJECT- 
ING THEM TO THE ORDER OF MAJOR-GENERAL LINCOLN. 

Whereas by a resolution of the General Court of the dth 
day of Yehvunry last, the ti'oops ordered to be raised in the 
three Eastern counties of this Commonwealth, as their 
quota of the Continental army, according to a resolve of 
the 2d of December last, were retained in the said 
counties until the' pleasure of his Excellency General 
Washington, respecting their future distination should 
be known: And whereas it appears that General Wash- 
ington is of opinion, that the pidjlic service requires that 
the said troops be immediately forivarded to the grand 
army. 

Therefore Resolved, That the said resolve of the 9th 
of February last, so far as it respects the detention of 
said troops in the said counties or either of them, be, 
and it is hereby repealed, and that the said troops in 
future be subject to the order of the Hon. Major-Gen- 
eral Lincoln. April 17, 1781.- 



1780. — April Session. 383 

Chapter 13. 

RESOLVE MAKING AN ADDITIONAL ESTABLISHMENT FOR THE (JJia^^. 13 
OFFICERS AND SOLDIERS BELONGING TO COL. TYLER'S ^ ' 

REGIMENT, IN THE RHODE-ISLAND SERVICE. 

]Vliereas it appears that the officers and soldiers belong- 
ing to Col. Tyler's regiment^ in the service of the United 
States at Rhode-Island, received no Continental ipaij from, 
the last day of Aujxust, 1779, to the first day of January, 
1780, and there being no Continental officer at llliode- 
Island to give any tvarrant for said regiment, and all 
others under similar circumstances, must be great sufferers, 
if they receive only the noininal sum due to them ivhen 
they left the service: 

Therefore Resolved, That the officers and soldiers in 
said reijiment, and all others under like circumstances 
exhibit their pay rolls on oath to the committee on pay 
rolls for the Continental pay, mileage and rations, that 
may be due to them for their services, and said conmiittee 
is herel)y directed to add to said rolls agreeable to the 
scale of depreciation established by this Commonwealth, 
such sums as will be equal to the nominal sum due at the 
time said service was done ; also to adjust the pay rolls 
of the officers and soldiers who have served in the Eastern 
department, and still unpaid, in the same manner as by 
this resolve directed, any act or resolve to the contrary 
notwithstanding, and charge the amount of the Conti- 
nental rolls to the United States. April 17, 17 SI. 

Chapter 14. 

RESOLVE EMPOWERING MESSIEURS SAMUEL AUSTIN, THOMAS Chat) 14: 
WALLET, AND COL. LOAMMI BALDWIN, TO SETTLE WITH ^' 

THE MASSACHUSETTS LINE OF THE ARMY, FOR THE DEPRE- 
CIATION OF THEIR WAGES FOR THE YEAR 1780, AND DIRECT- 
ING THE COMMITTEE APPOINTED TO METHODIZE ACCOUNTS 
TO ASSIST THE SAID COMMITTEE. 

The committee appointed to bring in a resolve authoriz- 
ing the committee which settled with the army for the three 
years service, to settle with the army for the year 1780, 
beg leave to report the folloioing resolve. 

Resolved, That Messieurs Samuel Austin, Thomas 
Walley and Col. Loammi Baldwin, be, and they hereliy 
are impowered and directed to settle with this State's 
quota of the Continental army for the depreciation of 



384 1780. — Apkil Session. 

their wages for the year 1780, and all other allowances 
made them, agreeable to the several resolves of the 
General Court. 

And it is further Resolved, That Messieurs John Dem- 
ing, Peter Boyer and Stephen Gorham, the Committee 
appointed to methodize and state the accounts of this 
State, be empowered and directed to assist the aforesaid 
committee, when the business of their other appointment 
will admit. April 17, 1781. 

Chapter 15. 

CJiaV' 15 MESSAGE TO HIS EXCELLENCY THE GOVERNOR, RESPECTING 
^ ' THE EASTERN PARTS OF THIS COMMONWEALTH. 

Ordered, That the Hon. John Pitts, Esq ; Major Lith- 
gow and Mr. Henshaw, be a committee to vmit on his 
Excellency the Governor, with the following messagct 

May it j^lease your Excellency, 

The General Court request to be informed what meas- 
ures have been adopted during the recess by your Excel- 
lency, for the protection of the Eastern parts of this 
Commonwealth . Ajrnl 17,1781. 

Chapter 16. 

Chaj). 16 RESOLVE ENTITLING RICHARD HARRIS TO HALF PAY AS A 
-'■ * MATROSS. 

On the representation of John Lucas, commissary of 
continental pensioners, in behalf of Richard Harris, a ma- 
tross in Col. Thomas Craft's regiment, Capt. Phillips's 
company, in the sa-vice of this State, ivho lost his left 
arm by an accident of a cannon's goitig off when loading 
the same: 

Resolved, That the said Richard Harris is intitled to 
half pay as a matross, to commence from the 9th of 
May, 1780, at which time his pay ceased. 

April 18, 1781. 

Chapter 17. 

Char) 17 R^^olve on the petition of jason wright, of western, 

^ ' IN THE COUNTY OF WORCESTER, PERMITTING HIM TO KEEP 

A HOUSE OF PUBLIC ENTERTAINMENT. 

On the petition of Jason Wright, of Western, in the 
county of Worcester, praying that he may be permitted 



1780. — April Session. 385 

to Iceep a public house of entertaininent in said town of 
Western, ichere he now divells, until the usual time 
appointed hy law for granting licences in said county of 
Worcester, /or reasons set forth in said petition : 

Resolved, That if the said Jason Wright shall exhibit 
a certificate, under the hands of the selectmen of said 
town of WeMern, that he the said Wright is qualified 
for an iunholder in manner as the law directs, and shall 
give bonds, with sufficient sureties, for his good behavior 
in that business, that then and in that case two of the 
Justices of the Peace for said county of Worcester, 
(quorum unus) be, and they hereby are authorised and 
impowered to grant a licence to the said Jason Wright, 
to keep a house of public entertainment in said town, 
any act or resolve of the General Court to the con- 
trary notwithstanding ; and the said Justices are further 
directed to make return of their doings to the clerk of 
the General Sessions of the Peace in said county, that 
a proper list may be obtained for the benefits of said 
county. April 18, 1781. 

Chapter 18. 

RESOLVE ON THE REPRESENTATION OF CALEB DAVIS, ESQ; QhaTt 18 
AGENT FOR THIS COMMONWEALTH, GIVING HIM DIRECTIONS ^ ' 

RELATIVE TO THE SALE OF THE PRIZES CAPTURED BY THE 
SHIPS PROTECTOR AND DEAX. 

On the representation of Caleb Davis, Esq ; agent for 
this Commonwealth, praying for directions from this 
Court relative to the sale of their part of the two prizes 
captured hy the ships Protector and Dean, and the brig 
Little Porgy and her cargo, captured by the ship Mars, 
Capt. Sampson. 

Resolved, That the said CaUb Davis, Esq ; be, and he 
is hereby impowered and directed, to deliver to Ebenezer 
Wales, Esq ; and Capt. Amasa Davi'<, the committee for 
purchasing small stores and cloathing, all such articles on 
board said prizes, belonging to this Commonwealth, as 
may be wanted for the use of the army, they paying said 
agent for the same, their full value ; he is further directed 
to deliver to Richard Devens, Esq ; Commissar}^ General, 
all such articles of said prizes, belonging to this Com- 
monwealth, as may be wanted in that department, he 
-paying the full value for the same to said agent : and he 
is further impowered and directed, to dispose of thi-> 



386 1780. — April Session. 

State's part of all the other articles on board said prizes 
that are not wanted in either of the above departments 
(except the sea-coal and such other articles as he shall 
judge may be wanted for the use of government) at public 
sale, and pay the neat proceeds of the whole, into the 
Treasurer's office, taking duplicate receipts therefor, one 
of which receipts to be lodged in the Secretary's office ; 
and he is further directed, in the recess of the Court to 
apply to the Governor and Council, for such further 
directions as he may stand in need of, relative to the 
above or any other prizes or goods that may come into 
his hands, belonging to this Commonwealth, and the Gov- 
ernor and Council are hereby impowered and requested 
to give him directions accordingly. Ajjril IS, 1781. 

Chapter 19. 

Chap. 19 RESOLVE ON THE PETITION OF WILLIAM TODD, PERMITTING 
HIM TO SEND TO NEW-TORK, FOR A TRUNK OF GOODS. 

On the Petition of "William Todd, praying that he may 
have per7nission to send to New York, for a small trunk 
of goods mentioned in an invoice annexed to his petition, 
amounting to thirty pounds, it being on account of some 
small debts due to him in Great Britain, before the present 
war. 

Resolved, That the prayer of the petition be so far 
granted, that said William Todd or Sarah Todd, his 
attorney, be, and they hereby are permitted to send to 
NeiD York, in the next cartel that may go there, for a 
trunk containing the goods mentioned in the invoice 
annexed to his petition, he or his attorney entering 
into bonds with sufficient sureties to the Naval Officer for 
the port of Boston, that he has not since the present war 
commenced, nor will not hereafter send any money or 
effects to any person or persons whatsoever, subjects of 
the King of Great Britain. April 24, 1781. 

Chapter 20. 

Chap. 20 RESOLVE DIRECTING THE COMMITTEE OF SUPPLIES TO SUPPLY 
^ * CAPT. AMOS LINCOLN, WITH CLOATHING FOR HIS MEN, 

AGREEABLE TO THE TERMS OF THEIR INLISTMENT. 

Resolved, That the committee of supplies be, and they 
are hereby directed to supply Capt. Amos Lincoln, with 
cloathins for his men a^i-eeable to the terms of their inlist- 



1780, — April Session. 387 

ment, to consist of one hat, one coat, one waistcoat, one 
pair of breeches, one shirt, one pair of hose, and one pair 
of shoes. 

Also Resolved, That the said committee be directed to 
supply said Lincoln with a blanket for each of said men, 
taking his receipt for the same. April 18, 1781. 

Chapter 31. 

RESOLVE ON THE PETITION OF COL. JOSHUA DAVIS, OF (JJinrry 21 
BOSTON, IN THE COUNTY OF SUFFOLK, EMPOWERING THE "* 

JUSTICES OF THE GENERAL SESSIONS OF THE PEACE IN 
SAID COUNTY, TO LICENCE HIM TO KEEP A HOUSE OF 
ENTERTAINMENT. 

On the 2^^t{tion of Col. Joshua Davis, of Boston, in 
the county of Suflblk, praying that the Justices of the 
Peace for the county of Suffolk may he empoiuered to 
grant him a licence to keejp a public house of entertain- 
ment in said town of Boston : 

Resolved, That the Justices of the General Sessions of 
the Peace in their present sessions in said county of 
Suffolk, be, and they hereby are authorised and impow- 
ered to grant a licence to him the said Joshua to keep a 
house of public entertainment in said town, he producing 
an approbation under ihe hands of the selectmen of said 
town of Boston, that he the said Joshua is qualified in the 
manner the law directs for that employment, until the 
time appointed by law for granting licences for that 
purpose shall arrive, he the said Joshua giving bonds 
with sufficient sureties to comply with the directions of 
the law in that case provided, any act or resolve of this 
Court to the contrary notwithstanding. 

Aprill8,1781. 



Chapter 22. 

RESOLVE ALLOWING THREE SHILLINGS VE,R DAY TO THE 
COMMITTEE ON ACCOUNTS, OVER AND ABOVE THEIR PAY 
AS MEMBERS OF THE GENERAL COURT. 

Resolved, That there be allowed and paid to each of the 
committee on accounts, the sum of three shillings per day, 
in the new emission, for each day they have been em- 
ployed in said service, over and above the pay of the 
members of the General Court, from the 25th day of 
October last to the end of the present session, and longer, 
if continued in the service. April 18, 1781. 



Chap. 22 



388 1780. — April Session. 

Chapter 33. 

Chan 23 i^esolve. empowering lemuel kollock, esq; to join with 

^ * THE PROPRIETORS OF LAND LYING PARTLY IN OXFORD AND 

PARTLY IN CHARLTON, IN THE COUNTY OF WORCESTER, IN 
PETITIONING THE JUSTICES OF THE SUPREME JUDICIAL 
COURT TO ORDER A DIVISION OF SAID LAND. 

WJiereas there is a certain tract of land lying partly in 
Oxford and partly in Charlton, in the county of Worces- 
ter, which lies in common and undivided, betioeen this 
Commonwealth and a number of other proprietors ; and 
whereas it is for public interest that a division shoidd 
take place as soon as may be, and this State hold their 
right in severalty : 

Therefore Resolved, That Lemuel Kollock, Esq ; be, 
and he hereby is appointed and empowered, to join with 
the other proprietors, or the major part of them, in peti- 
tioning the Justices of the Supreme Judicial Court to 
order a division thereof. April 19, 1781. 

Chapter 34. 

ChaV. 24 ^ GRANT OF FIFTEEN POUNDS TO SAMUEL KENDALL. 

On the j^eiii^on of Jedediah Estabrook, in behalf of 
Samuel Kendall : 

Resolved, That there be paid to Samuel Kendall, out 
of the treasury of this Qomn\owiv eaAth, ff teen pounds, in 
gold or silver, or bills of credit equivalent thereto, for 
his being held a prisoner seven months and fifteen days 
in the hands of our enemies, after he had served nine 
months in the Continental army, and that the same lie 
charged to the United States. April 19, 1781. 



Chapter 35. 

Chap. 25 



RESOLVE ENTITLING PELEG TOLMAN TO HALF PAY AS A CAR- 
PENTER'S YEOMAN. 

On the representation of John Lucas, commissary of 
pensioners, in behalf of Peleg Talman, carpenter's yeo- 
man on board the Continental Frigate Trumbull, who 
was ivounded in an engagement with a British ship of 
war, and lost his left arm on the first of June, 1780, as 
appears by his certificate: 

Resolved, That the said Peleg Talman is entitled to 
half pay as carpenter's yeoman, to commence the first 
of October, 1780, being the time his pay ceased. 

April 19, 1781. 



1780. — April Session. 389 

Chapter 26, 

RESOLVE ENTITLING GEORGE BACOX TO ONE THIRD OF HIS QJiaj). 26 

PAY. 

On the representation of John Lucas, commissary of 
pensioners, in helialf of George Bacon, an American on 
hoard the Continental ship Warren, luas loounded in his 
arm at Penobscot, in July, 1779, as appears by his cer- 
tificate: 

' Resolved, That George Bacon is entitled to one third 
of his pay, to commence from his discharge, which was 
the 14th of August, 1779. April 19, 1781. 



Chapter 37. 

RESOLVE ENTITLING PHIXEHAS COOKE TO ONE FOURTH PART 
OF THE PAY OF A CAPTAIN IN THE CONTINENTAL ARMY. 

On the representation of John Lucas, commissar y of pen- 
sioners, in 6e/m?/"q/"Phinehas Cooke, late Captain in Col. 
Bond's regiment, who lost the sight of one of his eyes by the 
small pox, in the year 1776, as appears by his certificate. 

Resolved, That the said Phinehas Cooke is entitled to 

one fourth part of the pay of a Captain in the Continental 

army, to commence from the 12th of January, 1111 , at 

which time his pay as a Captain ceased. , ., ,^ ,„^, 
^ ^ ^ AprillO, 1781. 

Chapter 38. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN 
OF SPENCER, REMOVING THE FAMILY OF WILLIAM MAN- 
NING TO THE TOWN OF CHARLTON. 

On the petition of the selectmen of the town of Spencer, 
praying that William ^Manning and family be removed 
from the town of Spencer : 

Resolved, That the prayer of the petition be granted, 
and that the said William Manning and family be removed 
to the town of Charlton ; and the selectmen of the town 
of Charlton are hereby directed to receive said William 
Manning and family, and provide for them agreeable to 
law. April 19, 1781. 

Chapter 39. 

RESOLVE ENTITLING ELISHA RICE TO ONE THIRD OF HIS PAY. 

071 the representation of John Lucas, commissary of 
pensioners, in behalf of Elisha Rice, a soldier in the loth 



Chap. 27 



Chap. 28 



Chap. 29 



390 1780. — April Sesstox. 

Massachusetts i-er/imeut, ivho loas ivoimded the third of 
February, 1780, as ajjpears hy his certificates. 

Resolved, That the said Elisha Rice is intitled to one 
third of his pay, to commence from his discharge, which 
was the fifth of January, 1781. April 19, 1781. 

Chapter 30. 

ChaV 30 ^ GRANT OF TBIRTY-SIX POUNDS TO EPHRAIM PERRY, FOR 
^ * HIS EXPENCES OF RATIONS, NURSING, &c. 

On the 'petition o/Ephraim Vevvy, praying that he might 
he paid for the expence of nursing , funeral charges, &c. of 
his son, Wilder Perry, a sailor on board the ship Protector, 
in her last cruize, ivho died in a private house in this toivn, 
and received no supply from the State hospital, therefore. 

Resolved, That the said Ephraim Perry be paid out of 
the treasury of this Commonwealth, the sum of ninety-six 
pounds, old currency, in full for his expence of rations, 
nursing and funeral charges of the said Wilder Perry. 

April 19, 1781. 

Chapter 31. 

ChaV 31 I^ESOLVE REQUESTING THE GOVERNOR TO ISSUE A WRIT TO 
^ ' THE SHERIFF OF THE COUNTY OF WORCESTER, TO PUT 

COL. RUFUS PUTNAM INTO QUIET POSSESSION OF THE FARM 
MENTIONED IN HIS PETITION. 

On the petition o/Rufus Putnam, ^:)7'a?/m^ to he put into 
possession of a farm which lie purchased at pulilic auction 
of the committee appointed to sell confiscated estates in the 
county of Worcester, on the 6th of April instant, late the 
property of Daniel Murray, an absentee : 

Resolved, That his Excellency the Governor be, and he 
is hereby impowered and requested, to issue a writ to the 
Sheriff of the county of Worcester, commanding him to 
put the said Rifus Putnam into full and quiet possession 
of that part of the real estate (late the property of Daniel 
Murray, an absentee) Avhich the said Riifus ])ought of 
said committee as before mentioned. April 19,-1781. 



Chap. 32 



Chapter 32. 

RESOLVE INTITLING ELIAS BARRON TO ONE THIRD PART OF 
HIS PAY AS A SOLDIER. 

On the rep)resentation of John Lucas, Commissary of 
Pensioners, in behalf of Elias Barron, a soldier in Col. 



1780. — April Session. 391 

Sheldon's dragoons^ ivJio ivas wounded in an action ivith the 
enemy on the head and one ar')n, by which means he has 
lost the use of one hand, as appears by his certificate : 

Resolved, That the said Elias Barron, is intitled to one 
third part of his pay as a soldier, to commence the 20th 
of Septemher, 1780, the time of his discharge. 

April 19, 1781. 

Chapter 33. 

RESOLVE ON THE PETITION OF THOMAS MORS AND OTHERS, ChaV 33 
OF THE TOWN OF BRADFORD. -^ * 

On the petition of Thomas Mors and others, of the toion 
of Bradford : 

Resolved, That the prayer of the i)etition be so far 
granted, that the petitioners be directed to serve the 
parish clerk of the west precinct with a copy of their 
petition, with the order of Court thereon, at least ten 
days before the last Wednesday of May next, to shew 
cause, if any they have, to the then General Court, on 
the 6th day o^ June next, why the prayer of the petition 
should not be granted. April 19, 1781. 

Chapter 34. 

A GRANT OF NIXETEEX POUXDS OXE SHILLIXG AXD FOUR QJian S4 
PEXCE TO JOXATHAX DAVIS. J • 0'± 

On the petition o/" Jonathan Davis : 

Resolved, That there be paid out of the public treasury 
of this Commonwealth, the sum of nineteen pounds one 
shilling and four pence, in silver, gold, or bills of credit 
equivalent thereto, in compensation for his being detained 
a prisoner in J}^ew York nine months and sixteen daj^s 
after the time of his inlistment was expired, and that the 
above sum be charged to the United States. 

April 19, 1781. 

Chapter 35. 

RESOLVE ON THE PETITION OF JOSEPH PARKER, OF XATICK, ni^f,^ Qrt 
IN THE COUNTY OF MIDDLESEX. Kyfiaj). DO 

On the petition of Joseph Parker, of Natick, in the 
county of Middlesex, praying he may be put into the 
peaceable possession of a certain tract of land which he 



392 1780. — April Session. 

'purchased of one Cesar Ferrit ; and said Cesar purchased 
said land of one Sarah Ahorton, an Indian woman: 

Resolved, That the guardians of the Indians of I^atick 
be directed to make careful enquiry into the matter; and 
if they find the petitioner paid the full value of the land 
and the Indian woman aforesaid has received the full 
benefit of her property, then and in that case the said 
guardians of said Indians be and hereby are directed to 
give the petitioner a good and well authenticated deed 
of said land. " April 19, 1781. -, 



Chaj). 



Chaj). 



Chapter 36. 

3(J RESOLVE INTITLING PHILIP AUDEBERT TO ONE HALF HIS PAY 

AS A MARINE. 

On the rejwesentation of John Lucas, Commissary of 
Pensioiiers, in behalf of Philip Audel^ert, a marine on 
hoard the armed hrigantine Hazard, of this Common- 
wealth, iras icounded the 11th o/July, 1779, as appeaj'S 
hy his certificate: 

Resolved, That the said Philip Audebert is intitled to 
one half his pay as a marine, to commence from his dis- 
charge, which Avas the 14tli of Auc/ust, 1779. 

April 19, 1781. 



Chapter 37. 

gy RESOLVE DIRECTING THE COMMITTEE TO SETTLE WITH THE 
ARMY TO GIVE THE PREFERENCE IN SETTLING TO SUCH 
OFFICERS WHO ARE GOING ON TO CAMP; AND DIRECTING 
THE TREASURER TO GIVE THE PREFERENCE IN PAYMENT 
TO SUCH OFFICERS; AND DIRECTING THE COMMITTEE OF 
SUPPLIES TO PROCURE CERTAIN ARTICLES. 

Resolved, That the committee to settle with the army 
be, and are hereby directed, to give the preference in 
settling to such officers who are first oroins: on. 

Also Resolved, That the Treasurer l)e, and is hereby 
directed, to give the preference, in pa^^ment of the three 
months pay promised for 1780, to such officers as are 
immediately ordered on to camp, they producing a cer- 
tificate or order for that purpose. 

It is further Resolved, That the committee of supplies 
])e, and are hereby empowered and directed to procure, 
without loss of time, a sufficient quantity of suitable stufi' 



1780. — April Session. 393 

for four thousand hunting shirts and ov'eralls, to have 
them made and sent forward to this State's cloathier, at 
or near the main army. April 19, 1781. 

Chapter 38. 

A GRANT OF ELEVEN SHILLINGS AND SIX PENCE TO OLIVER Chap. 38 

GAY. ^ ' 

0)1 the petition of Oliver Gay, a soldier in the tivo 
tnonths service in 1779, praying that his expences on 
account of his sickness in the State o/" Rhode Ishmd might 
be reimbursed to him. 

Resolved, That the prayer of said petition be granted, 
and that there be allowed and paid out of the treasury 
of this Commonwealth, to Oliver Gay, the sum of eleven 
shillings and six pence, in silver or gold, or bills of 
credit equivalent, as a compensation for his expences in 
his sickness. April 20, 1781. 



Chapter 39. 

RESOLVE ON THE PETITION OF THOMAS COGSWELL. 

On the petition of Thomas Cogswell. 

Resolved, That the prayer of the petitioner be granted, 
and the Treasurer pay to tlie said Cogs > veil his deprecia- 
tion notes now due, agreeable as other officers of the 
MassacJiusetts line are paid, any law or resolve to the 
contrary notwithstanding. April 20, 1781. 



Chapter 40. 

RESOLVE INTITLING WILLIAM HUBBARD TO HALF PAY AS A 

MARINE. 

On the representation o/" John Lucas, commissary of pen- 
sioners, in 6eAa?/'q/' William Hubbard, a marine on board 
the Continental ship Warren, and who was umunded by 
a musket ball through the knee, the 29th o/"July, 1779, at 
Majorbagaduce, by ivhich ivound he hath lost the use of 
his leg, as appears by his certificate. 

Resolved, That the said William Hubbard, is intitled 
to half pay as a marine, to commence from the 2d of 
September, 1779, the time of his discharge. 

April 20, 1781. 



Chap. 39 



Chaj). 40 



•"^94 1780. — April Session. 

Chai>ter 41. 

Chap. 41 RESOLVE DIRECTING THE COMMITTEE APPOINTED TO SETTLE 
WITH THE ARMY, TO MAKE UP THE DEPRECIATION OF THE 
WAGES TO FLINT POMEROT AND OTHERS. 

On the petition of Pliny Pomeroy, jun. and others, 
setting forth that they inlisted into the Continental army, 
in April, 1777, and was assured by the Continental 
officers^ that their term for three years ivould expire on 
the first day of January, 1780, and did on the said first 
day of January, leave the camp, and luere afterwards 
returned as deserters: And afterward agreeable to the 
resolves of Court of June 15, 1780, returned to camj) and 
served the full term required by said resolve of June 15, 
1780, notiuithstanding they could not obtain their dis- 
charges, by ^ohich means they are deprived of their depre- 
ciation notes: Therefore, 

Resolved, That the prayer of the petition be granted, 
and that the committee appointed to settle with the 
anuy, be directed to make up their depreciation agreeable 
to the resolves of Court of June 15, 1780, to Pliny 
Pomeroy, jun. Oliver Edwards, Joseph Bruce, Paul 
Clapp, Elijah Alverd and James Taylor, they not having 
their discharges notwithstanding. April 20, 1781. 

Chapter 43. 

Chap. 42 RESOLVE PERMITTING THE HON. SAMUEL ADAMS, ESQ; TO 
RETURN FROM CONGRESS, AND DIRECTING SAMUEL OS- 
GOOD, ESQ; TO REPAIR THERE. 

Whereas it appears by a letter from the Hon. Samuel 
Adams, Esq; that he is desirous of returning home from 
Co?igress, his health not permitting him to give any further 
attendance in Congress at present; therefore. 

Resolved, That the Hon. Samuel Adams, Esq ; be, and 
he hereby is permitted to return home ; and that Sainuel 
Osgood, Esq ; be, and hereby is directed to repair to 
Congress as soon as may be. April 20, 1781. 

Chapter 43. 

Chap. 43 RESOLVE on the PETITION OF THOMAS SEALS. 

On the petition of Thomas Beals, of Boston, praying 
he may obtain licence to keep a public house as the law 
directs : 



1780. — April Session. 395 

Resolved, That the Justices of the Court of the General 
Sessions of the Peace, now holden at Boston, are hereby 
authorized and empowered to grant the aforesaid Thomas 
Beals licence to keep a public house, agreeable to his 
petition, until the usual time for granting licences, pro- 
vided he is approbated by the selectmen of Boston. 

April 20, 1781. 



Chap, M 



Chapter 44. 

RESOLVE ESTABLISHING THE DIVIDING LINE BETWEEN THE 
TOWN OF WESTFIELD AND SOUTHIVICK, IN THE COUNTY 
OF HAMPSHIRE. 

\V7iereas the resolve 2)assed the General Court, Novem- 
ber 30, 1779, suspending the operation of an act that 
passed the then last session of said Court for talcing two 
hundred rods in ividth from the town of Westfield, in the 
county of Hampshire, and annexing the same to the toivn 
of Southwick, in said county, until the further order of 
said Court, and it is found unreasonable that the operation 
of said act shoidd longer he suspended ; therefore. 

Resolved, That the line mentioned in said act as the 
dividing line between said town of Westfield and South- 
ivick is just and equitable, and that the said line here- 
after shall continue and be established as the dividing line 
between the said towns. That said act shall be in full 
force as soon as a new valuation shall be established by 
the Legislature of this Commonwealth, and that all inhab- 
itants and rateable estates contained within the said two 
hundred rods, shall be included in said valuation to the 
said town of tiouthiuick. April 20, 1781. 



Chapter 45. 

RESOLVE ON THE PETITION OF COL. EBENEZER BANCROFT, OF QhaV 45 
DUNSTABLE. ^ 

On the petition of Col. Ebenezer Bancroft, o/* Dunstable : 
Resolved, That the committee for methodizing the 
accounts of this Commonwealth be, and they are hereby 
ordered and directed, to allow the aforesaid committee 
of Dunstable, in the settlement of their accounts with 
this Commonwealth, the sum of fourteen pounds two 
shillings, in the same manner as though they had actu- 



396 1780. — April Session. 

ally received it of the said prisoners, and paid it into 
the treasury agreeable to the order of government. 

And vjliereas it justly appears that the aforesaid commit- 
tee of Dunstable have not received any compensation for 
their time and trouble for receiving and paying the money 
aforesaid : 

It is further Resolved, That the sum oi four pounds six 
shillings, in the new emission, be paid to the committee 
of Dunstable aforesaid, in full of their account for said 
service. Ajn-il 20, 1781. 

Chapter 46. 

Chap. 46 RESOLVE empowering the sheriffs in this common- 

^ ' WEALTH, TO SELL IN THEIR OWN COUNTIES, ANY PUBLIC 

PROPERTY, WHEN APPLIED TO THEREFOR. 

Resolved, That the Sheriffs in this Commonwealth be, 
and they are hereby authorized and empowered, to sell 
at auction, in their own counties, any pul^lic property, 
when applied to therefor by any committee or agent 
appointed by the General Court to sell the estates of 
absentees, or other public property, the act for regulat- 
ing sales at auction or vendue notwithstanding. 

April 20, 1781. 

Chapter 47. 

ChaV 47 RESOLVE empowering LUCT EDWABDS to make SALE OF 
^ ' THE LAND MENTIONED IN HER PETITION. 

On the petition of Liucy l^dwards, jJraying for liberty 
to make sale of a certain lot of land in the to2vn o/" North- 
ampton, in the county of Hampshire, /or reasons set forth 
in the petition: 

Resolved, That the prayer of the said petition l)e 
granted, and the petitioner be and hereby is empowered 
to make sale of the land in the said petition mentioned 
for the most the same will fetch, and make and execute 
a good and lawful deed to the purchaser, she observing 
the rules and directions of the law for the sale of real 
estates by executors and administrators, giving caution 
to the Judge of Probate for the county of Hampshire , 
that the proceeds of said sale, after deducting the charge 
of sale, be put on interest for the l>enefit of the minor, 
in sa;d petition mentioned, to be paid to him when he 
shall arrive at lawful age. April 21, 1781. 



1780. — April Session. 397 



Chapter 48. 

RESOLVE EMPOWERING JOHN IIALBERT TO MAKE AND EXE- QJ^ajj 48 
CUTE A GOOD AND LAWFUL DEED OF ALL THE LAND MEN- ^ ' 

TIONED IN HIS PETITION. 

On the petition of So\\x\ Halbert, administrato?' on the 
estate of Jauies Halbert, deceased, and (juardian to the • 

heii's of Timothy Rice, deceased, praniwj that he may he 
empoivered to make and execute a good and lawful deed to 
Nathan Pratt of Pelham, in the county of Hampshire, of 
one hundred and thirty acres of land, lying in Pelham, 
and county aforesaid, belonging to the heirs of said 
Timothy Rice, and known by the name of Home-Lot, 
JSTo. 29, reference being had to the proprietors book of 
records in said Pelham, for buts and bounds, said 
Timoth}^ Rice having formerly given said James Hal- 
bert, deceased, power to sell and give a title of the above 
mentioned land, by virtue of whicli said James Halbert 
sold said land, and gave a bond under his hand and 
seal to execute a good and lawful deed to Nathan Pratt 
aforesaid, of said land, but he the said James Halbert 
died without fid filling said obligation: 

Therefore Resolved, That the prayer of the petitioner 
be granted, and that John Halbert, administrator on the 
estate of James Halbert, deceased, and guardian to the 
heirs of Timothy Rice, deceased, be, and he is hereby 
empowered to make out and execute a good and lawful 
deed to jSTafhan Pratt, of Pelham, in the county afore- 
said, of one hundred and thirty acres of land lying in 
Pelham, and known by the name of the Home-Lot, No. 
29, as above mentioned, he being accountable to the 
Judge of Prol^ate of the county of Hamj)shire for the 
proceeds of said land. April 21, 1781. 



Chapter 49. f 

RESOLVE ON THE PETITION OF HUGH ORR. 

On the petition of Hugh Orr : 

Resolved, That there be granted and paid to the said 
Hugh Orr, out of the public treasury, the sum of eight 
hundred pounds, in the new emission, he to be account- 
able for the same ; and that the Commissary General l)e, 
and he hereby is directed, to deliver to the order of the 



Cha2h 49 



398 1780.— Apkil Session. 

said Hugh On\ one barrel of i)ork and one barrel of 
beef for the use of the State's furnace at Bridgewater, 
he to be accountable therefor. And that the said Hugh 
Orr be under the direction and orders of the Governor 
and Council of this Commonwealth until the further 
^ orders of the General Court. 

And it is further Resolved, That the said Hugh Orr is 
hereby ordered to lay his accounts before the late Board 
of War for immediate settlement. April 21, 1781. 



Chap. 50 



Chapter 50. 

RESOLVE DIRECTING THE TREASURER TO RECEIVE OF COL. 
THOMAS CHASE, LATE D. Q. M. G. HIS CERTIFICATES. 

On the representation of Thomas Chase, D. Q. M. G. 
prai/ing some jjerson may be appointed by the Court to 
receive of him his certificates for the several sums of 
money he has borroived of this Commonwealth, for the 
use of the United States : 

Resolved, Thoi the Treasurer of this Commonwealth be, 
and he is hereb}^ empowered and directed, to receive of 
said Tliomas Chase his certificates, in his capacity afore- 
said, for the several sums of money lent him by this 
Commonwealth, for the use of the United States, said 
certificates being dated at the same time the several 
sums of money were advanced him, and that upon 
receiving said certificates as above directed, he give said 
Chase a discharge for the money so advanced him. 

April 21, 1781. 



Chap. 



51 



Chapter 51. 

RESOLVE DIRECTING THE TREASURER TO PAY SUCH OFFICERS 
AS ARE ORDERED ON TO CAMP THREE MONTHS PAY 
TOWARDS WHAT IS DUE TO THEM FOR THE YEAR 1780. 

On the representation of Major General Lincoln : 
Resolved, That the Treasurer be and he is hereby 
directed, to pay to such oflScers as are now here, and 
are ordered on to camp immediately with the new 
levies, three months pay towards what is due to them 
for the year 1780, in specie, or bills of credit equiva- 
lent, out of the money that he has or ma}'^ receive for 
the sale of confiscated estates. April 21, 1781. 



1780. —April Session. 399 



Chapter 53. 

C%>. 52 



RESOLVE ON THE PETITION OF GILBERT DENCH, PERMITTING 
HIM TO PAY THE QUIT RENTS DUE ON THE ESTATES MEN- 
TIONED. 

On the petition of Gilbert Dench, agent to the estate of 
the Rev. Roger Price and others, respecting quit rents on 
said estates: 

Resolved, That the prayer of the said petition be 
granted, and that the said Dench be, and he hereby is 
permitted and authorized, to pay the quit rents due on 
the said estates out of the yearly rents received by him 
as agent on the same . April 21 , 1 781 . 



Chapter 53. 



Chajy. 53 



RESOLVE EMPOWERING JOSHUA HARDING AND ELEAZER 
HOWARD TO MAKE SALE OF THE LAND MENTIONED. 

On thejpetition of Joshua Harding and Eleazer Howard : 
Resolved, That the prayer of said petition l)e granted, 
and that the petitioners be, and they are hereby empow- 
ered, to make sale of the land and buildings in said 
petition mentioned, for the most the same will fetch, 
and make and execute a good and lawful deed or deeds 
to the purchaser or purchasers, they observing the rules 
and directions of the law for the sale of real estate by 
executors and administrators, first giving sufficient 
security to the Judge of Probate for the county of 
Worcester, that the proceeds of said sale l)e appro- 
priated to the payment of the just debts of the 
deceased, if any there be, and the charge of sale, the re- 
mainder to be put on interest, for the benefit of the 
heirs of the deceased, to be paid to them as they sever- 
ally arrive to lawful age, in such proportion as the law 
directs . April 21, 1 781 . 

Chapter 54. 

RESOLVE ON THE PETITION OF ELIZABETH WARNER, RESPECT- fij „ ka 
ING THE SALE OF SIXTY ACRES OF LAND, iy/lUp. O^ 

On the petition of Elizabeth Warner, praying for 
licence to sell about sixty acres of land, in her petition 
mentioned, for reasons therein set forth: 

Resolved, That the prayer of the petition be so far 
granted that the said Elizabeth Warner, together with 



400 1780. — April Session. 

Asa Spaidding , the deceased's eldest son now of age, 
and Benjamin Bonney, guardian to two of the otner 
heirs, be, and they are hereby fully impowered to 
make sale of the land in said petition mentioned, for 
the most the same will fetch, and make and execute a 
good deed or deeds thereof to the purchaser or purchas- 
ers, they observing the rules and directions of the law 
for the sale of real estates b}^ executors and adminis- 
trators, lirst giving sufficient security to the Judge of 
Probate for the county of Hamjjshire, that the proceeds 
of said sale shall be applied for the payment of the 
deceased's just debts, if any there be, and the remain- 
der, after the deducting the charge of sale in manner 
following, viz. the interest of one third part thereof 
annually to the deceased's widow, during her natural 
life, the remainder, both principal and interest, pay to 
the deceased's heirs, as they severally arrive of age, in 
such proportion as the law directs. ApviL21^ 1781. 

Chapter 55. 

ChaV' 55 RESOLVE directing commissary miller to make appli- 

^ * CATION TO THE SEVERAL COMMITTEES APPOINTED BY A 

RESOLVE OF THE 10th OF MARCH TO PROCURE LOANS, TO 
MAKE THE MOST ADVANTAGEOUS CONTRACTS FOR RUM AND 
SALT. 

On the ajjplication of Charles Miller, Bsq; I). C. P. 

Resolved, That ISlr. Commissary Miller be, and he 
hereby is directed, to make immediate application to 
the several committees appointed by a resolve of the 
10th of March last, in the several sea-ports of this Com- 
monwealth, to procure loans on the late supply-bill, to 
make the most advantageous contracts he can for such 
quantities of rum and salt as persons in the said ports 
may be disposed to subscribe on loan, and that he ascer- 
tain to this Court, as soon as may be, the quantities of 
those articles which he may be likelj' to obtain in that 
way. ' April 21,1781. 

Chapter 56. 

Chn^l rrfJ RESOLVE EMPOWERING RACHEL HANNUM TO MAKE SALE OF 
\ynujJ. 0\J ^jjg hKHT) MENTIONED. 

On the petition of Rachel Hannum, of Belchertown, 
in the county of Hampshire, widow, and guardian to 
Silas Hannum, « minor: 



1780. — April Session. 401 

Resolved, That the prayer of the petition be granted, 
and that the said petitioner, in her said capacity, be, 
and hereby is fully impowered, to sell the lands set 
forth in said petition, for the most the same will sell for, 
and execute a good and sufficient deed or deeds to the 
purchaser or purchasers thereof, she oljserving the rules 
of the law for the sale of real estates by executors and 
administrators, and giving security to the Judge of Pro- 
Ixite for the county of Hampshire, that the proceeds of 
said sale be applied for the benefit of the said minor. 

April 21, 1781. 

Chapter 57. 

RESOLVE EMPOWERING SAMPSON MARVIN AND OTHERS TO (JJid^-f 57 
MAKE SALE OF THE LAND MENTIONED. '^ ' 

On the petition of Sampson Marvin, Kuth Marvin, and 
Sampson L?aoab, praying for liberty to make sale of two 
tracts of land, with the buildings thereon, situate in the 
county Gore (so called) for reasons set forth in said 
petition. 

Resolved, That the prayer of said petition be granted, 
and that the petitioners be, and they are hereby empow- 
ered, to make sale of the land and buildings in said 
petition mentioned, for the most the same will fetch, 
and make and execute a good deed or deeds to the pur- 
chaser or purchasers, they observing the rules and 
directions of the law for the sale of real estates by 
executors and administrators, first giving suiBcient secur- 
ity to the Judge of Probate for the county of Worcester 
that the proceeds of said sale shall be appropriated in 
manner following, viz. To the payment of the just debts 
of the deceased, if any remains unpaid, the remainder, 
after deductino; the charge of sale, the interest of one 
third part thereof to lie paid annually to the widow of 
the deceased during life, the remainder pay to the 
deceased's heirs as they respectively arrive to lawful age, 
in such proportion as the law directs. April 21, 1781. 



Chapter 58. 

A GRANT OF EIGHTY-FIVE POUNDS ONE SHILLING AND SIX 
PENCE TO CHARLES GUSHING, ESQ. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, the sum of eighty-five 



Chap. 58 



402 1780. — April Session. 

pounds one shilling and six pence, of the new emission, 
to Charles Cushing, Esq ; Brigadier of the county of 
Lincoln, in full of his account annexed to his petition. 

April 21, 1781. 

Chapter 59. 

Char). 59 resolve empowering solomon allen to make sale of 

^' THE LAND MENTIONED IN HIS PETITION. 

On the petition of Solomon AWqw, praying for liberty 
to maJce sale of a certain tract of land, situate in the town 
o/" Northampton, in the county q/" Hampshire , /or reasons 
set forth in said petition : 

Resolved, That the prayer of said petition be granted, 
and that the petitioner be, and he is hereby empowered, 
to make sale of the land in said petition mentioned, for 
the most the same will fetch, and make and execute a 
good and lawful deed or deeds to the purchaser or pur- 
chasers, he observing the rules and directions of the law 
for the sale of real estates by executors and adminis- 
trators, first giving sufficient security to the Judge of 
Probate for the county of Hampshire, that the proceeds 
of said sale (after deducting the charge of sale) be put 
on interest for the benefit of the minor in said petition 
mentioned, to be paid to him when he shall arrive to 
lawful age. * April 21, 1781. 



Chap. 60 



Chapter 60. 

RESOLVE DIRECTING THE JUSTICES OF THE INFERIOR COURT 
OF COMMON PLEAS, IN THE COUNTY OF LINCOLN, TO CON- 
TINUE THE ACTION OF HENRY HODGE, OF PO]VNAL- 
BOROUGH, AGAINST ANDRE fV REED, OF BOOTHBAT, AND 
ROBERT REED, OF SAID BOOTHBAT, MARINER, TO THE 
INFERIOR COURT TO BE HELD IN SAID COUNTY THE LAST 
TUESDAY OF SEPTEMBER NEXT. 

W7iereas it appeal's to this Court that the sloop Towns- 
end, the property of Andrew Keed, of Boothbay, in the 
county of Lincoln, was, on the 22(7 day of July, in the 
year of our Lord, one thousand seven hundred and 
seventy-nine, taken into the service of government, on tJie 
expedition against Penobscot, heing undertalien and 
improved by General Lovell as a hospital ship, and that 
she, together with the rest of the fleet, zvas lost on the 



1780. — April Session. 403 

retreat from before that place: That Henry Hodge, of 
Pownalborough, in the same county, the former owner of 
said sloop, availing himself of the late act for better 
regulating the currency of said Commonwealth, has com- 
menced his action against the said Andrew, and one 
Robert Reed, tvho purchased her of him, although they 
repeatedly tendered the money vjhich they agreed to pay 
him by their note of hand for said sloop, at the time 
when it became due, which action is now pending at the 
Inferior Court of Common Pleas, to be holden at Pow- 
nalborough, tvithin and for said county of Lincoln, on 
the first Tuesday of June next, by which means the said 
Andrew Reed and his family will probably be involved 
in ruinous circumstances, unless pi^evented by the equita- 
ble intervention of the Legislature, therefore. 

Resolved, That the Justices of the Inferior Court of 
Common Pleas, in the county of Lincoln, be, and they 
are hereby directed, to continue from term to term the 
action of Henry Hodge, of Pownalborough, in said 
county, yeoman, against Andrew Peed, of Boothbay, 
in said county. Esq ; and Robert Reed, of said Booth- 
bay, mariner, on their note of hand dated the 14th day 
of August, 1111 , payable in nine months after the date 
of said note, for the sum of one hundred and sixty 
pounds, which was to be equal to five hundred and 
thirty-three Spanish milled dollars, and one third of a 
dollar, to the Inferior Court to be held in said county 
of Lincoln the last Tuesday of September next. 

April 23, 1781. 

Chapter 61. 

RESOLVE EMPOWERING WILLIAM BROWN AND OTHERS, TO Hhfjq^ ftl 
MAKE SALE OF THE LAND MENTIONED. KyltUlJ. U± 

On the petition of William Brown and others. 

Resolved, That the prayer of said petition be granted, 
and that Samuel Brown, and Ezra Ide, two of the peti- 
tioners, be, and hereby are impowered to make sale of 
the land and buildings in said petition mentioned, for the 
most the same will fetch, and make and execute a good 
and lawful deed or deeds to the purchaser or purchasers, 
they observing the rules and directions of the law for the 
sale of real estates, to executors and administrators, first 
giving caution to the Judge of Probate for the county of 



404 1780. — April Session. 

Bristol, that the proceeds of said sale, after deductmg the 
charge of sale and paying the just debts, if any there be, 
be put on interest for the benefit of the heirs, to be paid 
to them in equal proportion as they shall severally arrive 
to lawful age. April 21, 17 SI. 

Chapter 63. 

ChaV' 62 RESOLVE DIRECTING THE BOARD OF WAR TO SETTLE THE 
^ * ACCOUNT MENTIONED IN THE PETITION OF LOAMMI BALD- 

WIN, FOR SUPPLIES, AND DIRECTING THE TREASURER ■ TO 
DISCOUNT WITH THE COLLECTORS, .SUCH PART OF THE 
MONEY DUE TO THE BOARD OF WAR UPON WARRANTS 
DRAWN IN THEIR FAVOUR. 

Upon the petition o/'Loammi Baldwin, _p?^a?/m^ that his 
account for supplying the Oommoniuealth with eighty-eight 
barrels ofheef, may be settled and the balance paid. 

Resolved, That the late Board of War be, and hereby 
are directed, to settle the account with the said Loammi 
Baldwin, for what beef he has supplied the Common- 
wealth, and pay the balance that may be due to him 
upon a just settlement, either in money or receipts upon 
the collectors, as is provided in the following resolve. 

Resolved, That the Treasurer of this Commonwealth 
be, and he hereby is directed, to discount with any 
collector or collectors, such part of the money due to the 
Board of War, upon the warrants already drawn upon 
him in their favor, as said Board of War shall apply to 
him to have discounted as aforesaid, to the amount of the 
balance of said Baldwins account. April 23, 1781. 

Chapter 63. 

ChaV' 63 RESOLVE for limiting the STOCK TO BE KEPT ON THE 
^ ISLANDS OF COTAHUNKER, NASHAWINNEE, PERK AND PEN- 

NEKEESE, PART OF THE ELIZABETH ISLANDS. 

On the letter from the select^nen of the town of Dart- 
mouth, representing the necessity of the General Courfs 
limiting the stoch to be hept on the islands of Cotahunkei-, 
Nashawinner, Perk and Pennekeese, part of the Elizabeth 
islands, the ensuing season. 

As the stock kept on those islands for several years j^ast, 
has principally fell into the hands of the enemy, whereby the 
public have been greatly injured, and the enemy benefited; 
therefore to remedy that evil the ensiling season. 



1780. — April SEsstoN. 405 

Resolved, That there be no stock of any kind whatever, 
carried on any of the islands of Ooiahmiker, Nashaioinner 
Perh and Pennekeese, neither by the owners, occupiers or 
any other person or persons whatever, except under the 
following restrictions, to wit. Horses without limitation, 
milk cows without calves, and oxen sufficient to plow 
the ground, ewes with lambs, and those that have lambs. 
And also each tenant living on said islands, the privilege 
of carrying on and keeping one ox or cow to fat for the 
use of his family. 

And be it further Resolved, That the owners and occu- 
piers of said islands, as soon as may be after receiving 
these resolves, repair to said islands and bring ofi* all 
such stock as they may then have on said islands, not 
permitted in the aforegoing' resolve, and also that they, 
on the loth day oi June next, if the weather is suitable, 
if not the iirst day after that is suitable, by themselves or 
some persons under them, to repair to said islands with 
suitable vessels, and bring ofl' said islands all the oxen 
they shall then have on said islands, with all the ewes 
and lambs, excepting thirty ewes, with their lambs, to 
each tenant on said islands, and one ox or cow allowed to 
each tenant as in the aforegoing resolve ; and also that 
the owners and occupiers of said islands be, and they 
hereby are further required, to bring off said islands from 
time to time all the cheese they by their tenants, or any 
other person or persons, shall manufacture there during 
the ensuing season, as soon as the same will do to remove. 

And it is further Resolved, That the selectmen for the 
said town of Dartmouth, be and they hereby are required 
by themselves or some person under them, to serve each 
of the owners and occupiers of said islands, with an 
attested copy of the foregoing resolutions as soon as may 
be, and if said owners and occupiers or any of them do 
transgress any of the aforegoing resolves, after being 
served with an attested copy, on complaint thereof to 
them made, one or more of them are hereby required 
to repair to said islands and examine into the foundation 
of said complaint, and on finding more stock there than 
allowed of in these resolves, or cheese that is suitable to 
be removed, and had been so for the space of ten days 
before ; the said selectmen be, and they hereby are impow- 
ered and directed to bring ofi" to the main such stock and 
cheese, and sell the same at public vendue for the most it 



406 178P. — April Session. 

Avill fetch, and deposit the neat proceeds thereof in the 
town treasury of Dartmoutli , for the use of the poor in 
said town, after deducting all necessary charges that shall 
have arisen in consequence thereof. April 23, 1 781 . 

Chapter 64. 

OkaV 64 RESOLVE PERMITTING THE SELECTMEN OF THE TOWN OF 
^ BOSTON TO IMPROVE THE HALL IN THE MANUFACTURY 

HOUSE, FOR A SCHOOL. 

On the petition of the Selectmen of the town of Boston, 
Resolved, That the selectmen of said town have liberty 
to make use of the Hall in the Manufactury House belong- 
ing to this Commonwealth, in said town, for a school, 
free of rent, until the further order of this Court. 

April 23, 1781. 

Chapter 65. 

ChaV ^^ ^ GRANT OF EIGHTEEN POUNDS TO JOHN AUSTIN, KEEPER OF 
^ ' THE POWDER-HOUSE AT CHARLESTOWN. 

On the j^etition of Mr. John Austin, praying to be 
' allowed for his services as keeper of the public magazine 
of powder at Charlestown. 

Resolved, That there be paid out of the public treasury 
to Mr. John Austin, the sum of eighteen pounds of the 
new emission, in full consideration for his services as 
keeper of said magazine, from the 6th of October, 1780, 
to the 6th of April, 1781. April 23, 1781. 

Chapter 66. 

ChaV ^Q RESOLVE FOR RETAINING THE WAGES DUE TO CAPT. LUKE 
^ ' HOWEL, WHO SERVED IN COL. TYLER'S REGIMENT AT 

RHODE ISLAND IN 1779, UNTIL HE SHALL ACCOUNT FOR 
THE MONEY RECEIVED. 

Wliereas it appeal's to this Court that Luke Howel, 
who served as a Captain in' Col. Tyler'*- regiment at 
Ehode Island, in the year 1779, hath received pay for 
himself and co77ipany for their service in the month of 
December, in said year, and hath absconded xvithout pay- 
ing said company, by means of which they have not 
received pay for their service aforesaid: Therefore, 

Resolved, That the Avages due to said Capt. Howel 
from the Continent, and ordered to be paid by a resolve 



1780. — April Session. 407 

of this Court of the 17th instant, be retained in the treas- 
ury until he shall account for the money received for said 
company as above mentioned. April 23, 1781. 

Chapter 67. 

A GRANT OF SIXTY POUNDS TWELVE SHILLINGS TO THOMAS Chaj). 67 
riER, FOR THE LOSS HE SUSTAINED ON THE 19th OCTOBER "^ * 

LAST, BY HIS SON'S BEING WOUNDED. 

On the petition of Thomas V\qv, praying that he might 
have pay for his loss sustained on the 19th October last, 
by his son's being wounded and scalped by the Indians, 
when Col. Brownie?/; 

Resolved, That there be paid out of the treasury of 
this Commonwealth, to Thomas Pier, the sum of sixty 
pounds twelve shillings, new emission, it being in full for 
the time and expences and the Doctor's bill, also for his 
gun, accoutrements and cloathing — to be charged to the 
United States . April 23, 1 781 . 



Chapter 68. 



R TO ISSUE HIS ORDERS (JhaV 68 
rY OF WORCESTER, TO ^ ' 



RESOLVE REQUESTING THE GOVERNOR 
TO THE SHERIFF FOR THE COUNT' 
SUSPEND THE EXECUTION OF A WRIT FOR PUTTING 
COL. RUFUS PUTNAM IN QUIET POSSESSION OF A CERTAIN 
HOUSE AND FARM IN RUTLAND. 

Wliereas a resolution p)assed the General Court the 
19th instant, empowering and requesting the Governor to 
issue a writ to the Sheriff of the county of Worcester, 
com,manding him to put Col. Rufus Putnam in possession 
of a certain house and farm in Rutland, which he lately 
purchased of the committee for selling confiscated estates 
in said county ; and whereas it is noio represented by the 
said committee, that Col. Putnam was not to enter into 
possession of the premises until he had Tnade a second 
payment, agreeable to the conditions of sale, in tiventy 
days from said sale, which term is not yet expired, and 
likeivise give security for the third payment, agreeable to 
the conditions of said sale: Therefore, 

Resolved, That the Governor be, and he is hereby 
requested, to issue his orders to the said Sheriff of 
the county of Worcester, directing him to suspend the 
execution of the writ beforementioned : and that the 



408 1780. — Apeil Session. 

committee aforesaid be directed to put the said Rufus 
Putnam into quiet possession of the premises, when the 
said Putnam shall fully comply with the conditions of 
sale. April 24, 1781. 

Chapter 69. 

Chap. 69 RESOLVE directing the agent to deliver the treasurer 

^ ' AND secretary SUCH A QUANTITY OF PAPER AND OTHER 

stationary AS SHALL BE NECESSARY FOR THEIR OFFICES. 

Resolved, That Caleb Davis, Esq ; Agent for this 
Commonwealth, be and he is hereby directed, to deliver 
to the Hon. Henry Gardner, Esq ; Treasurer of this 
Commonwealth, such a quantity of paper, and other 
stationary, as may be necessary for his office, he paying 
the said Agent the value thereof. And the said Asrent is 
further directed to deliver to John Avery, Esq ; Secretary 
of this Commonwealth, such a quantity of paper and 
other stationary as may be necessary for his office, and 
for the use of the General Court, he paying for the same 
as aforesaid, any resolve to the contrary notwithstanding. 

April 28, 1781. 

Chapter 70. 

Char) 70 ^ grant of two hundred pounds to the hon. george 

^ ' PARTRIDGE AND SAMUEL OSGOOD, ESQ'RS. TO ENABLE 

THEM TO PROCEED TO CONGRESS. 

Resolved, That there be paid out of the public treas- 
ury to the Hon. George Partridge, and the Hon. Samuel 
Osgood, Esq'rs tvjo hundred pounds, in the new emission, 
each, to enable them to proceed to Congress, they to be 
accountable for the sums they respectively receive. 

April 24, 1781. 



Chap. 71 



Chapter 71. 

RESOLVE MAKING PROVISIok FOR THE DEFENCE OF THE 
EASTERN COUNTIES IN THIS COMMONWEALTH. 

Wliereas the depredations committed and daily commit- 
ting on the eastern parts of this Qommomvealth, by the 
enemy from Penobscot, and Halifax, evince the immediate 
necessity of a military establishment in the eastern coun- 
ties, adequate to the purpose of preventing detached parties 



1780. — April Session. 409 

of the enemy from plundering their frontiers ivith impu- 
nity : AVherefore 

Resolved, That one hundred and sixty effective men, be 
immediately raised in the county of Lincoln, by vohm- 
tary inlistment, for the defence of the same, and stationed 
at such places, and in such proportion, within the said 
county, to the westward of Penobscot River, as the 
Governor, with the advice of Council, may from time to 
time order. 

Provided always. And it is hereby further Resolved, 
That the recruiting officers appointed for this purpose shall 
have full liberty to inlist men, part of the number afore- 
said, in any such towns in the counties of Yorh and 
Oumherland, as may have procured their proportion of 
Continental troops assessed upon them respectiA'ely by a 
resolution of the General Court of the 2d of December last. 

And it is further Resolved, That eighty men be raised 
a^ aforesaid, in the counties of York and Cumberland, 
and stationed at Falmouth, within the limits of the 
latter, the whole of said troops to be properly armed 
and equipped, and to continue in the service of said 
Commonwealth from the time of their respective engage- 
ments until the first da}^ of December next, unless 
sooner discharged; that they shall be mustered by the 
muster master in their respective counties ; that those 
troops to be raised as aforesaid in the county of Lincoln 
shall be divided into two companies ; that those stationed 
at Falmouth compose one company : the whole of said 
companies to be on the Continental establishment in 
every respect, save only that the non-commissioned offi- 
cers and privates shall, in addition to their Continental 
pay, be entitled to receive a further sum of twenty shil- 
lings per month for each callender mojith they shall 
respectively continue in service as aforesaid, which, 
together with their Continental pay, shall be paid in 
gold and silver, or an equivalent in bills of credit cur- 
rent within this Commonwealth, said companies to be 
officered by the Governor, with the advice of Council, 
and commanded by such field officer or officers as the 
Governor, with the advice of Council, shall direct; that 
a Surgeon, Surgeon's ]Mate, Quarter-Master and Adju- 
tant, shall be appointed by the Governor, with the 
advice of Council, to be also on the Continental estab- 
lishment. 



410 1780. — April Session. 

And it is further Resolved, That the said troops, during 
their continuance in service as aforesaid, sliall be subject 
to march out of either of the said counties into the other, 
as occasion may require, at the discretion of the com- 
manding officer. 

And it is further Resolved, That the Agent for this 
Commonwealth be, and he is hereby empowered and 
directed, to procure, either by hire or purchase, as he 
shall judge best, and tit for sea as speedily as possible, 
two armed vessels, to be employed within said Common- 
wealth as guarda coastas, to be under the direction of 
the Governor and Council, neither of which vessels to 
mount less than ten nor more than fourteen 4 or 6- 
pounders. 

And it is further Resolved, That the said armed vessels, 
during their continuance in service as aforesaid, shall be 
on such establishment as the General Court shall here- 
after order. 

And it is further Resolved, That such of the troops 
aforesaid as shall be unable to furnish themselves with 
arms or accoutrements, shall have liberty to purchase 
them out of the public arms, &c. and which were ordered 
to be procured and forwarded to the lower counties by a 
resolve of the General Court of the 9th day of February 
last, paying for each arm, with a bayonet and cartouch 
box, the sum oi fifty shillings, and for each fire arm and 
bayonet, without a cartouch box, the sum oi forty-five 
shillings, to be deducted out of their wages respec- 
tively ; and the commanding officer is hereby directed 
to take duplicate receipts for all fire arms, &c. that may 
be delivered to said troops as aforesaid, one of which to 
be lodged in the Secretary's office prior to the pay-rolls 
being made up. 

Provided nevertheless, That each soldier who shall, 
when he is discharged, return his fire arm and accoutre- 
ments to the commanding officer in good order, shall 
have no deduction made from his wages therefor. 

And it is further Resolved, That the militia who have 
done duty, or are now doing duty in the counties of 
Lincoln and Cumberland, be on such establishment as 
the General Court shall hereafter order. 

April 24, 1781. 



1780.— April Session. 411 

Chapter 73. 

rp:solve on the petition of Elizabeth mullins, allow- (JJiap. 72 

ING HER ONE HUNDRED POUNDS, OUT OF THE ESTATE OF ^ * 

HER HUSBAND, THOMAS MULLINS, AN ABSENTEE. 

On the petition of Elizabeth Mullins. 

Resolved, That the prayer of the petition be granted, 
and that the committee tor settling the estate of Thomas 
Mullins, an absentee, be directed to pay to Elizabeth 
Mullins, wife to the said Thomas, the one hundred 
pounds, with interest, mentioned in said petition, out of 
the proceeds of the sale of said estate, if there is suffi- 
cient to pay tlie whole of the just debts due from said 
estate ; but if not, then she shall be paid in the same 
proportion with the other creditors, after satisfying the 
charges arising from the sale and settlement of said 
estate. April 24, 1781. 

Chapter 73. 

A GRANT OF FORTY-FIVE FOUNDS TO SCARBOROUGH GRID- (JhaV. 73 
LEY, ESQ; AND REQUESTING THE GOVERNOR TO WRITE ^' 

GENERAL WASHINGTON TO DETERMINE THE RANK AND 
STANDING OF THE SAID MR. GRIDLEY. 

On the petition of Scarborough Gridley : 
Resolved, That there be paid out of the public treasury 
of this Commonwealth, forty-five j)Ounds, new emission, 
equal to the said sum of eighteen hundred pounds men- 
tioned in said petition, he to be accountable for the 
same ; and that his Excellency the Governor be desired 
to write to General Washington, requesting him to give 
information what rank and standing Scarborough Grid- 
ley, Esq ; has in the Continental army, and from whence 
he is to receive his pay. April 25, 1781. 

Chapter 74. 

RESOLVE PERMITTING ANNA SHATTUCK TO MAKE SALE OF THE (Jliap. 74 
LAND MENTIONED IN HER PETITION. . ^ ' 

On the petition of Anna Shattuck, and others, praying 
for liberty to make sale of certain lands lying in Andover, 
in the county of Essex. 

Resolved, That the prayer of said petition be granted, 
and that the said Anna Shattuck be, and she is^^^hereby 



412 1780. — Apkil Session. 

permitted to make sale of the land mentioned in said 
petition, with the buildings thereon, for the most the 
same will fetch, and to make and execute to the pur- 
chaser or purchasers thereof a good and lawful deed or 
deeds, she observing the directions of the law for the 
sale of real estates by executors and administrators, 
and giving bond with sufficient sureties to the Judge of 
Proljate for the county of Essex, that the proceeds of the 
sale, after deducting the charges and paying the just 
debts of the deceased, if any there be, shall be put on 
interest, on good security, and be disposed of agreeable 
to the directions of the law. Aixi-il 25, 1781. 

Chapter 75. 

ChaV- 75 ^ GRANT OF NINE POUNDS THREE SHILLINGS AND SIX PENCE 
^ ' TO THE SELECTMEN OF THE TOWN OF WESTBOROUGH, FOR 

SUPPORTING ONE JOHN SCUDAMORE. 

On the petition of the toivn of Westborough, praying 
that they may he allowed their account for cloathing and 
providing for one John Scudamore, a transient person, 
for reasons set forth in their petition : 

Resolved, That the prayer of said petition be granted, 
and that there be allowed and paid out of the public 
treasury of this Commonwealth, to the selectmen of the 
town of Westhorongh, the sum of nine pounds three shil- 
lings and sixpence, in the new emission, in full of their 
account for supporting one John Scudamore, a tran- 
sient person, twenty weeks. 

And it is further Resolved, That the said selectmen of 
Westhorongh still continue to provide for the said 
Scudamore, and lay their accounts before the commit- 
tee on accounts for examination and payment. 

April 26, 1781. 

Chapter 76. 

Char) 76 i^esolve requesting the settlement of disputes in 
•^ ' classing men in the several towns in this common- 

wealth. 

Whereas by several resolves of this Court, empowering 
and directing the towns within this State to class them- 
selves for the purpose of raising their quota of men set on 
them respectively , for filling up the Continental army, it 



1780. — Apeil Session. 413 

has and may happen that two or more classes in the same 
town claim right to the same man, and no line hath been 
yet pointed out hy this Court how and by whom such dis- 
jnites shall be settled: Therefore, 

Resolved, That in all cases where disputes arise between 
two or more classes in the same town, or between any town 
or class within the same, respecting their just claim to any 
soldier raised agreeable to the resolves of the General 
Court above referred to, one or more Muster Masters 
of the several counties are hereby- empowered and 
directed to hear and determine all such disputes within 
their respective counties, agreeable to justice and 
equity, and proceed in the same manner in lu'inging 
forward such hearing, as is directed in the resolve of 
the 2d of December last, for settling like disputes 
between town and town. April 28, 1781. 

Chapter 77. 

RESOLVE FOR LICENCING BENJAMIN COOPER TO KEEP TAVERN. (Jhap. 77 

On tite petition of Benjamin Cooper, praying to be 
licenced to keep an innhold: 

Resolved, That the prayer of said petition be so far 
granted, that two of the Hon. Justices of Sessions of 
the Peace for the county of Snjfolk, viz. Hon. Samuel 
JViles and Joseph Greenleaf, Esq'rs. be, and are hereby 
empoAvered, to grant the said Benjamin Cooper licence 
to keep an innhold or tavern in his house in Boston, in 
Fish Street, until the usual term for granting licences. 

April 25, 1781. 



Chapter 78. 

RESOLVE ON THE PETITION OF DAVID BEMIS. 

On the petition o/" David Bemis, praying that this Court 
looidd pass some order relative to opening such sluices 
through his mill dam, made across the river betiveen 
Watertown and Newton, as this Court shoidd think 
proper for the purpose of fish passing up said river: 
Therefore, 

Resolved, That the said David Bemis l)e, and he 
hereby is ordered and directed, to make and open two 
sluices, eight feet wide, through his mill dam aforesaid, 



Chap. 78 



414 1780. — April Session. 

to be made in such places, and to be kept open at such 
times, as he and tlie selectmen of the toAvns of Water- 
town and JViewton shall agree upon for the purpose of 
letting fish pass up said river. 

And it is further Resolved, That no person or persons 
shall hereafter be allowed to take fish with sean or net 
in the said river, between said Bemis's dam and the old 
dam, which is about three quarters of a mile below, on 
the penalty of paying a fine oi fifty pounds for every 
such offence, to be recovered by any person who shall 
sue for the same, in any Court proper to try the same, 
one moiety to be for the use of the prosecutor, and the 
other moiety shall be for the use and support of the poor 
of the towns of Watertown and Newton, to be equally 
divided between them. April 25, 1781. 

Chapter 79. 

Chap. 79 ^ GRANT OF SIXTY-FOUR POUNDS SEVEN SHILLINGS AND 
^' SEVEN PENCE, TO NATHANIEL BARBER, NAVAL-OFFICER 

FOR THE PORT OF BOSTON, IN FULL FOR HIS ACCOUNT OF 
GUARDS AND OTHER EXPENCES. 

Resolved, That there be allowed and paid out of the 
public treasury of this Commonwealth, the sum of sixty- 
four pounds seven sJiillings and seven pence, of the new 
emission, to Nathaniel Barher, Naval Ofiicer for the port 
of Boston, in full of his account for guards and all other 
expences, in and about the sloop Hero, Benjamin Frizel 
late master, from Bermuda, which sloop the said Barher 
seized in behalf of said Commonwealth, ])y virtue of a 
resolution of the General Court of the 2d of March last. 

April 26, 1781. 

Chapter 80. 

Chan 80 resolve requesting the governor and council to 

' ■ DIRECT THE COMPLEATING OF A COMPANY OF ARTILLERY 

AT THE PORT OF MACHIAS, AGREEABLE TO A RESOLVE OF 
CONGRESS OF THE 1.5th OF FEBRUARY, 1781, AND TO DIRECT 
SUPPLIES FOR SAID TROOPS. 

Resolved, That the Governor and Coiuicil of this Com- 
monwealth be, and hereby are requested, in compliance 
with the resolve of Congress, dated the 15th day oi Feb- 
ruary, 1781, to give the necessary directions for com- 



1780. — April Session. 415 

pleating the coiij^Dan}^ of artillery at the port of Machias, 
to the number mentioned in said resolve. 

And it is further Resolved, that the Governor, with the 
advice of Council, be, and hereby is empowered to order 
the Commissary General of this Commonwealth to furnish 
the troops which are or hereafter may be stationed at said 
port, in pursuance of said resolve, with such supplies as 
from time to time may be judged necessary ; and the 
Commissary General is hereby directed, once in six 
months, and oftener if required, to lay his accounts of 
all such supplies before the General Court, for examina- 
tion and allowance, and in order that the same may be 
charged to the United States. April 25, 1781. 

Chapter 81. 

A GRANT OF NINE POUNDS TO ABNER FOWLER, ESQ; FOR HIS (J]j(W 81 
PAY AS A MEMBER OF THE GENERAL COURT, IN SEPTEMBER ^ ' 

LAST. 

On the petition of Abner YosvXqv, jj raying for 2)ay as a 
member of the General Court, in September last past, as 
set forth in his petition: 

Resolved, That the prayer of said petition be granted, 
and that there be paid to said Abner Fowler, out of the 
treasury of this Commonwealth, the sum of nine pounds, 
in bills of the new emission, in full for his services as 
aforesaid ; and that the same be placed to said /Southwick's 
next State tax. April 26, 1781. 



Chapter 82. 

E ON THE PETITION OF SHAUQUETHQUEAT, BENJAMIN (JhaV 82 
NCHNAUWET, AND DAVID NAUNAUNECK, EMPOWERING ^ ' 



RESOLVE 
WAUy 
THEM TO MAKE SALE OF THE LAND MENTIONED. 

On the petition of Shauquethqueat, Benjamin Waunch- 
nauwet, and David Naunauneck, Indians, belonging to 
the town of Stockbridge, and also the petition of the 
selectmen of said Stockbridge, and others, praying thin 
Court that they the said Indians may be empowered to sell 
the following tracts of land lying in said Stockbridge 
(belonging to said Indians) and give and execute good and 
lawfd deeds of the same in manner following, viz. To 
Isaac Ball, a quantity of land containing one hundred 
acres, lying on the west side of Housatonick River, and 
adjoining to land of Elihu Miles; also to said Isaac 



416 1780. — April Session. 

Ball and Jonathan Ball, a tract of land, containing fifty 
acres, I'jing ivest on land granted to Hannibal, a free 
negro, and running to the river: and also to the heirs of 
Melatiali Hatch, a tract of land containing forty-six 
acres, lying on the east side q/"Housatonick ^\\qy, joining 
to land belonging to John Sergeant, and the heirs of Ben- 
jamin Willard : 

Resolved, That the above mentioned Joseph, Benjamin 
and David be, and hereby are empowered to give and 
execute good and lawful deeds of the above described 
lands, to the persons before mentioned, any act or law of 
this State to the contrary notwithstanding. 

April 26, 1781. 



Chapter 83. 



Chap. 83 



RESOLVE DIRECTING THE TREASURER TO PAY THE SUPERIN- 
TENDENT OF PURCHASES ONE SIXTH PART MORE THAN 
THE VALUE OF THE OLD MONEY HE MAY LODGE WITH 
HIM; AND REQUESTING THE GOVERNOR, WITH THE ADVICE 
OF. COUNCIL, TO ISSUE HIS WARRANT FOR THE SAME. 

^V^lereas by a resolve of the General Court the Superin- 
tendent of purchases is directed to deliver all the money of 
the old emissions he may receive in lieu of beef, to the 
Treasurer, in order that it may be exchanged for new 
money: And whereas the Treasurer is doubtful tvhether 
he ought to repay the said Superintendent more than the 
value of the old currency he receives: 

Therefore Resolved, That th-e Treasurer be, and he 
hereby is directed to pay the said Superintendent one 
sixth part more than the value of the old money he may 
lodge ; and the Governor is hereby requested, with 
advice of Council, to issue his warrant in favour of said 
Superintendent for the said sixth part, in order that he 
may be made accountable for the same. 

April 26, 1781. 

Chapter 84. 

Chn^i 84- ^ (5RANT OF SIXTY-SEVEN POUNDS TEN SHILLINGS, TO CAPT. 

K^riap. Ott JOHN MILLS, AND FORTY-FIVE POUNDS TWELVE SHIL- 
LINGS TO LIEUT. EBENEZER STOCKER, FOR THREE MONTHS 
PAY, DUE TO THEM IN THE YEAR 1780. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth to Capt. John Mills, of the 1st 
Massachusetts regiment, fifty-seven p)Ounds ten shillings, 



1780. — April Session. 417 

of the new emission, in full for three months pay, in the 
year 1780, to be charged to his account ; also that there 
be paid as aforesaid to Mr. Ehenezei^ Stoclcer, Lieut, in 
the 3d MafisacJnisetts regiment, forty-five pounds tivelve 
shillings, new emission, in full for three months pay, due 
to him in the year 1780, to be charged to his account; 
and his Excellency the Governor, with advice of Council, 
is requested to grant warrants accordingly. 

April 26, 1781. 

Chapter 85. 

RESOLVE ON THE REPRESENTATION OF THE INHABITANTS OF (JJiaj) 85 
A PLACE CALLED DEER ISLAND, IN THE COUNTY OF LIN- ^' 

COLN, ALLOWING THEM THE SAME PROTECTION, SECURITY 
AND ADVANTAGE AS THE OTHER SUBJECTS OF THIS COM- 
MONWEALTH ARE INTITLED TO. 

Wliereas it has been represented to this Court that the 
inhabitants of a place called Deer Island, in the county 
of Lincoln, ha,ve had many outrages and violences com- 
mitted upon them by some of the inhabitants of this 
Commonwealth: And ichereas doubts may arise v:hether, 
under tlie present circumstances of said inhabitants, they- 
have by law a rigid to prosecute to final judgment and 
execution, such persons as have or may be guilty of plun- 
dering, or in any way or manner abusing the said inhab- 
itants, for removal of which. 

It is Resolved, That the inhabitants of said Island have 
been, and now are, considered in such a situation, as that 
they ought to have and enjoy the same protection, secur- 
ity and advantage, from the laws of this Commonwealth, 
as the other subjects thereof do or may exercise and 
enj oy . April 27,1 781 . 

Chapter SQ, 

RESOLVE ENTITLING LIEUT. DAVID POOR, TO THE DEPRECIA. njjfj^^ Qft 
TION OF HIS WAGES. ^flU2J. OU 

On the petition of Lieut. David Poor, late of Col. 
Israel Hutchinson's regiment, loho has been a prisoner 
upivards of four years, praying to be alloived the depreci- 
ation on his wages according to his rank: 

Resolved, That Lieut. David Poor, is intitled to the 
depreciatioft on his wages, as if he had been in actual 



418 1780. — April Session. 

service ; and the committee to settle with the army are 
hereby directed to settle and make up depreciation to 
him in the rank of Lieutenant, until the 4th day of 
January 1781, deducting all monies and things supplied 
him either by Congress or this State. April 26, 1781. 

Chapter 87. 
Chav- 87 RESOLVE directing the committee for superintending 

^ * OF PURCHASES OF BEEF TO LAY THEIR ACCOUNTS BEFORE 

THE COMMITTEE FOR METHODIZING AND STATING THE 
PUBLIC ACCOUNTS, FOR ADJUSTMENT. 

Upon a representation of Samuel Osgood and Oliver 
Phelps, Esq^rs. 

Ordered, That the committee for superintending the 
purchases of beef, &c., lay their accounts before the 
committee appointed to methodize and state the public 
accounts, which last mentioned committee are directed to 
settle the same, and lay them before the General Court 
as soon as may be. April 26, 1781. 



Chapter 88. 

ChaV. 88 RESOLVE on the petition of EDWARD DAVIS, ESQ. 

On the petition of Edward Davis, Esq; guardian to 
Nancy, Polly, and John Lovell, children and heirs of 
Anne Lovell, deceased, late wife of John Lovell, an 
absentee, praying that he might he empowered to collect 
the hack rents that is due for a lot of land in Oxford, that 
helongs to said children in the right of their deceased 
mother, and may rent said lot of land for the future, for 
to enahle him to pay Doctor Jonathan Davis, of Roxbury, 
for his doctoring said deceased in her life time: 

Resolved, That the prayer of said petition be granted, 
and that Edward Davis, Esq ; be, and he is hereby 
empowered, in his said capacity of guardian, to collect 
all the back rents that are due from the several persons 
from whom it is due ; and that he be empowered to lease 
out said lot for the future, and collect the rents for the 
purpose aforesaid, any law or resolve to the contrary 
notwithstanding — he the said guardian to account with 
the Judge of Probate for the county of Suffolk, for said 
rents. April '26, 1781. 



1780. — April Session. 419 



Chapter 89. 



',AND POUNDS TO EBENEZER Qliap. 89 
IAS A DAVIS, FOR THEIR SER- 



A GRANT OF TWELVE- Til O US A 1 
WALES, ESQ; AND CAPT. AMj 
VICES TO THE FIRST OF JANUARY LAST, AND DISCHARGING 
THEM OF TWO HUNDRED SIXTY-TWO THOUSAND NINE 
HUNDRED THIRTY-ONE POUNDS EIGHT SHILLLVGS AND 
SEVEN PENCE. 

Resolved, That there be paid out of the treasury of 
this State to Ehenezer Wales, Esq ; and Capt. Amasa 
Davis, the committee of supplies, &c. the sum of twelve 
thousoMd pounds, old currency, or an equivalent in new, 
in full for their services to the first day of January last ; 
and that they be discharged of the sum of two hundred 
sixty-two thousand nine hundred thirty-one pounds, evjht 
shillings and seven pence, old currency, which they have 
accounted for the expenditure of. And that said commit- 
tee be accountable for the sum of forty-three thousand 
three hundred and twelve poiinds eight shillings and Jive 
pence, like currency, now due to this Commonwealth, 
except the sum allowed for their services by this resolve, 
which is to be deducted out of the said ballance due to 
the Commonwealth, April 26, 1781. 

Chapter 90. 

RESOLVE TO OBLIGE CERTAIN INDIVIDUALS IN THE SEVERAL (JJidj^ QQ 
CLASSES, WHO HAVE NOT PROCURED MEN FOR THREE ^' 

YEARS OR DURING THE WAR, TO PAY THEIR PROPORTION 
OF THE SUMS ASSESSED. 

W7ie7'eas it 7nay happen in such towns and plantations 
ivhere the mode of classing hath been adopted to prociire 
soldiers to serve in the Continental ahny for three years 
or during the war, that certain individuals of a class may 
leave procured a soldier as aforesaid, and others belonging 
to the same class shall neglect or refuse to pay their due 
proportion of the sum expended in pr'ocuring said soldier ; 
and doubts have arisen wJiether sufficient provision hath 
been made to oblige such delinquents to pay their propor- 
tion of said sum: 

Therefore Resolved, That the assessors within the sev- 
eral towns and plantations be, and hereby are directed, 
on complaint being made of such neglect or refusal, by 
the person or persons who have procured a soldier as 
aforesaid, to assess on the several individuals, so neglect- 



420 1780. — April Session. 

ing or refusing, in the same proportion they were 
severally assessed in the hard money tax, or charged in 
their respective classes, the full value of their proportion 
of the sum expended in procuring said soldier, with an 
additional sum not exceeding the value of such delin- 
quents proportion of said sum. And the several col- 
lectors of such towns or plantations are hereby authorized 
and directed, to collect said assessments in the same 
manner as they are by law directed to collect town taxes , 
and pay in the same to the several individuals who have 
procured said soldier, to each one his due proportion, 
according to the directions contained in the warrant which 
they may receive from the assessors for collecting said 
assessments. And the said assessors are hereby author- 
ised to grant such warrants, agreeable to the form 
prescribed by law, for collecting town taxes mutatis 
mutandis. 

And tvhereas some selectmen and assessors did not 
receive the orders of the General Court for classing the 
inhabitants until the time which was allowed for the classes 
to 'procure a man had expired, notwithstanding which the 
assessors, to avoid the penalty for not classing the inhabi- 
tants, proceeded to class the same; and it is doubtful 
whether the doings of said assessors have any validity in 
them : 

Therefore Resolved, That where the assessors did not 
receive the orders for classing, or otherwise neglected to 
do it, until the time which was limited for procuring the 
men had expired, and did in consequence of receiving 
the same, proceed to class the inhabitants in the same 
way and manner as they would have done had they 
received the orders in due season, all such doings of the 
assessors shall be valid and binding as to the several 
persons that may have been so classed. April 26, 1781. 



Chap). 91 



Chapter 91. 

RESOLVE ON THE PETITION OF CALEB REA. 

On the petition of Caleb Rea, 

Resolved, That the prayer of the petition be granted, 
and the Justices of the Court of General Sessions of the 
Peace, to be holden at Ipswich, by adjournment on the 
ninth day of May next, are hereby authorised and 



1780. — April Session. 421 

impowered to licence the said Caleb Rea to retail spirit- 
ous liquors at his dwelling house in Topsjield, until next 
July term, he procuring the approbation of the selectmen ' 
of said town of Topsjield, any law or resolve to the 
contrary notwithstanding. April 27, 1781. 

Chapter 92. 

RESOLVE ENTITLING OFFICERS WHO HAVE SERVED IN THE (J]i(ir>. 92 
MASSACHUSETTS LINE OF THE CONTINENTAL ARMY, AND ^ ' 

HAVE OBTAINED HONORABLE DISCHARGES SINCE DECEMBER 
1777, TO THE DEPRECIATION OF THEIR WAGES. 

Resolved, That all commissioned-officers that have 
served in the Massachusetts line of the Continental army, 
and have obtained regular and honorable discharge 
therefrom, since the first da}^ of December, 1777, be 
entitled to the depreciation of their wages ; and the 
committee for settling with the army are directed to 
settle with said discharged officers, as soon as accounts 
can be obtained of what has been advanced to them by 
this State or by Congress, any resolve to the contrary 
notwithstanding. May 1, 1781. 

Chapter 93. 

RESOLVE ON THE PETITION OF MESS'RS STEPHEN HIGGINSON, flff^j) 93 
EBENEZER PARSOXS, AND DANIEL SERGEANT, GIVING ^ ^ 1 ' 
THEM LIBERTY TO SEND A PERSON TO ST. EUSTATIA, FOR 
THE PURPOSES MENTIONED IN THEIR PETITION. 

On the petition of Messieurs Stephen Higginson, Eben- 
ezer Parsons, and Daniel Sergeant, praying for liberty 
to send a person to ^t. YA\is,ta.t\Q., St. Kitts, or any other 
English Island, in or^er to secure their interest which was 
put into the hands of some gentlemen at St. Eustatia, when 
said place was tahen by the British, and bring the same 
home to America, /or reasons set forth in their petition. 

Resolved, That the prayer of the petition be granted, 
and that said petitioners have liberty to send a person to 
*S'^. Eustatia, 8t. Kitts, or any other English Island, in 
order to secure said interest, and ship the same home to 
North America in cash or any goods they may think 
best, said petitioners, with the person they may send, 
first giving bonds to the Treasurer of this Commonwealth 
in the sum of three thousand pounds in specie, that they 
will not under any pretence whatever bring home any 



422 1780. — April Session. 

thing from either of said phices, except the neat proceeds 
of the money said person may recover from the gentlemen 
• in whose hands it was left, April 28, 1781. 

Chapter 94. 

CliaV 94 I^ESOLVE ON THE PETITION OF EBENEZER LIVT BEN NET, 
^ " RESPECTING EMPOWERING HIM TO PROSECUTE THE CAUSE 

MENTIONED, AT THE NEXT SUPREME JUDICIAL COURT. 

On the petition q/'Ebenezer Livy V>Q\\\\ei, praying liberty 
to revievj an action commenced against him hy one Euth 
Bennet and others. 

Resolved, That the said Ebenezer Livy Bennet be, and 
he is hereby impowered to purchase out of the office of 
the clerk of the Supreme Judicial Court, a writ of review 
of an action tried at the Superior Court of Judicature, 
&c. for the county of Plymouth, on the third Tuesday of 
May, A. D. 1777, wherein one Ruth Bennet and others 
were appellants, and the said Ebenezer Livy Bennet ap- 
pellee, notwithstanding more than three years are elapsed 
since the trial of said cause, and that the said Ebenezer 
Livy Bennet be impowered to prosecute the same at the 
next Supreme Judicial Court, to be held within and for 
the said county of Plymouth, provided he cause said writ 
to be served fourteen days before the sitting of said 
court, and serve the adverse party at the same time with 
a copy of this resolve. April 28, 1781. 

Chapter 95. 

ChaV 95 I^ESOLVE directing the committee for settling AND 
^ * methodizing the public ACCOUNTS TO SETTLE THE 

ACCOUNTS OF EZRA LUNT. 

Upon the information of Ezra Lunt, that he is now 
ready ivith his accounts for a settlement. 

Ordered, That the committee for settling and method- 
izing the public accounts, settle the accounts of the said 
Ezra Lunt. April 28, 1781. 

Chapter 96. 

CliaV 96 I^ESOLVE IMPOWERING RICHARD CRANCH, ESQ; AGENT ON 
^ ' MR. BORLAND'S ESTATE, TO LEASE A FARM IN DUDLEY, 

IN THE COUNTY OF WORCESTER, BELONGING TO SAID 
ESTATE. 

JVliereas it has been represented to this Court that it will 
he more for the interest of the Commonwealth to have the 



1780. — April Session. 423 

farm late belonging to Mr. Borland, an absentee, lying in 
Dudley, in the county Worcester, let at jprivate sale than 
at public auction. 

Therefore Resolved, That Richard CrancJt, Esq ; agent 
on said JBorland's estate, be, and he hereby is impowered 
and directed to lease said farm at private sale, any law or 
resolve to the contrary notwithstandino;. 

" April 28, 1781. 

Chapter 97. 

A GRANT OF FIFTEEN POUNDS TO THE TOWN OF STUR- QJiap. 97 

BRIDGE. ^ ' 

On the 2)etitio)i of the selectmen of Stuvhvidge, j) ray iiig 
that a fine o/",six hundred pounds may beretnitted to them, 
it being laid on said toion 0/ Sturbridge ybr a deficiency of 
one man in the nine rnonths service in the year 1779, tohicJt 
man the said town afterwards procured to serve during the 
war. 

Resolved, That the prayer thereof be granted, and that 
there be paid out of the pul)lic treasury of this Common- 
wealth for the use of the town of Starbridge, the sum of 
fifteen pounds of the new emission, any law or resolve to 
the contrary notwithstanding. April 28, 1781. 

Chapter 98. 

A GRANT OF ONE HUNDRED AND THIRTY POUNDS SIXTEEN QhaV 98 
SHILLINGS TO ISAAC JONES, IN FULL DISCHARGE OF HIS ^ * 

DEMANDS ON THE COMMITTEE OF CORRESPONDENCE OF 
THE TOWN OF IVATERTOWN, IN JUNE, 1777. 

Whereas it appears to this Oourt by the petition of 
Richard Clarke, and others, formerly a conwiittee of cor- 
respondence of the town o/" Watertown, that some time in 
the year \111 they seized two hogsheads of rum, the proj)- 
erty of Isaac Jones of Weston, as they apprehended they 
had power to do by force of a resolve of the General Court, 
passed on the seventh day of February, in the same year, 
ivhich rum ivas decreed forfeit by the Court of General 
Sessions of the Peace in the county of Middlesex. 

And ivhereas the said Isaac Jones afterwards obtained 
leave to enter an appeal froin said judgment to the Supe7'ior 
Court of Judicature, but before a trial was had at said 
Superior Court, the resolve of the General Court, by 



424 1780. — April Session. 

virtue ofivhich said rum had been seized, ivas repealed, 
hy irhich means said rum was decreed not forfeited, and 
said committee was 7nade answerable therefor, although the 
same had been distributed agreeable to said resolve. 

And whereas it is the sense of this Court, that said com- 
mittee ought not to sustain any loss for doing their duty in 
the foUovnng directions in said resolution contained: 

Be it therefore Resolved, That there be allowed and paid 
out of the public treasury, the sum of one hundred and 
thirty pounds sixteen shillings of the new emission, to the 
said Isaac Jones, which sum shall discharge said com- 
mittee from all demands on account of said two hogsheads 
of rum. 3fay 1, 1781. 



Chapter 99. 

Chan 99 resolve empowering ^.v.v gray, to make sale of the 
-^ ' house-lot, mentioned in her petition. 

On the petition of Ann Gray of Boston. 

Resolved, That the prayer of the petition be granted, 
and that the said Ann Gray be, and hereby is impowered 
to make sale of the abovesaid house-lot in Paddy ^s alley, 
for the most the same wnll fetch, and to make and execute 
a good and sufficient deed of the said land to the person 
or persons that shall purchase the same, she to apply the 
money arising by said sale, to the purpose of repairing 
the buildings on the said Ann's other tenement in Middle- 
Street, as mentioned in said petition. May 2, 1781. 



Chapter 100. 

Chnn 100 RESOLVE allowing additional pay to the HON. council, 
Kynap.L\j\j senate, and house of representatives, for their 
travel and attendance at the general court. 

Resolved, That there be allowed and paid to the Repre- 
sentatives, j^^ee?i shillings per day, of the new emission, 
and to the members of the Hon. Senate, sixteen shillings 
and six pence per day, of the new emission, and to the 
Hon. Council eighteen shillings per day, of the new emis- 
sion, and that the pay roll for travel and attendance be 
made up accordingly. April 28, 1781. 



1780. — April Session. 425 



Chapter lOl. 

RESOLVE DIRECTING THE TREASURER TO GIVE RECEIPTS ON Chap.lOl 
THE COLLECTORS IN THE COUNTIES OF TOBK, CUMBERLAND ^' 

AND LINCOLN, FOR THE PAY OF A NUMBER OF OFFICERS 
AND SOLDIERS WHO HAVE DONE DUTY IN SAID COUNTIES. 

Whereas there are in the counties of York, Cumberland 
and Lincoln, a number of officers and soldiers who have 
been called upon and done duty in said counties, but have 
received no pay for their services: And whereas pay for 
past services ivill be highly conducive, and may be neces- 
sary to facilitate raising the men already ordered to be 
raised by voluntary inlistment for the defence of the Eastern 
country : And whereas it may be most convenient to pay 
said men by receipts given on the collectors in the counties 
aforesaid: 

Therefore Resolved, That the Treasurer be, and he 
hereby is directed, to give receipts on the collectors in 
the counties of York, Cumberland and Lincoln, in answer 
to the warrants given on the pay rolls made up for the 
officers and soldiers aforesaid in all cases where he cannot 
conveniently advance the money from the treasury. 

April 28, 1781. 

Chapter 102. 

RESOLVE ON THE REPRESENTATION OF JABEZ HATCH, ESQ; (JJidj) ^02 

D. Q. M. G. -^ * 

On the representation of Jabez Hatch, Esq ; D. Q. M. 
General, that he has positive orders from the Q. M. Gen- 
eral to procure a number of teams for the use of the Massa- 
chusetts line of the army, part of which he has procured, 
but cannot send forward for want of money, and as the 
most disagreeable consequences may take place if said teams 
are not immediately sent off to the army. Therefore 

Resolved, That it be, and it is hereby earnestly recom- 
mended to JSfathaniel Apj)lefon, Esq; Continental Loan 
Officer in this State, to advance to Jabez Hatch, Esq ; 
D. Q. M. General a sum of money sufficient to enable him 
to forward said teams, &c. to the army, out of the money 
he may have in his hands l^elonging to the United States, 
as it appears to this Court that the army will suiter very 
greatly if said D. Q. M. General, is not immediately fur- 
nished with the money in this way. April 30, 1781. 



426 1780. — April Session. 

Chapter 103. 

Chap.103 RESOLVE ENTITLING EBENEZER PERKINS, TO HALF PAY AS 4 
^ * MARINE. 

On the representation of John Lucas, commissaiy of 
pensioners, in behalf of Ebenezer Perkins, a marine on 
hoard the Continental ship Warren, and was wounded in 
an action ivith the enemy at Majorbagaduce, as appears 
by his certificate. 

Resolved, That the said Ebenezer Perkins, is intitled 
to one third pay as a marine, to commence September 2d. 
] 779, the day of his discharge. April 30, 1781. 

Chapter 104. 

Char) 104 ^ grant of one hundred and eighty-seven pounds 

^ ' TEN SHILLINGS TO THE HONORABLE OLIVER PRESCOTT, 

ESQ. 

Resolved, That there be paid out of the treasury of 
this Commonwealth, the sum of one hundred and eighty- 
seven pounds ten shillings, in bills of the new emission to 
the Honorable Oliver Prescott, Esq ; in full for his service 
and expence as one of the committee heretofore appointed 
by the General Court, to detect persons guilty of prac- 
tices inimical to the United States. April 30, 1781. 



ChajJ.lO^ 



Chapter 105. 

A GRANT OF TEN THOUSAND POUNDS TO OLIVER PHELPS' 
ESQ; SUPERINTENDENT FOR PURCHASING BEEF. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth to Oliver Phelps, Esq; (Superin- 
tendent for purchasing beef, &c.) te)i thousand j^ounds of 
the new emission, to enable him to comply with the requi- 
sitions of General Washington, and the Commissar}'^ Gen- 
eral of the army ; and iiis Excellency the Governor, with 
the advice of Council, is requested to grant his warrant 
accordingly ; and the Treasurer is herel)y directed to dis- 
charge the al)ove warrant out of the first money he may 
receive from Richard Devens, Esq ; Commissary General, 
and the Hon. Caleb Davis, Esq ; Agent of this Common- 
wealth, who have been ordered immediately to sell at 
auction sundry prize goods and other articles. 

April 30, 1781. 



1780. — Apkil Session. 427 



Chapter 106. 

RESOLVE ON THE PETITION OF ELIJAH HOWE, AND OTHERS, (Jfiart.XOQ 
INHABITANTS OF THE TOWN OF SHUTESBURT. ^ ' 

On the petition of Elijah Howe and others, inhabitants 
of the toivn of Shuteshnry : 

Resolved, That in case it sliall appear to the Justices 
of the Court of General Sessions of the Peace within and 
for the county of Hampshire, on complaint made by Elijah 
Howe, Ohed Hunt, Samuel Ohamberlain and Benane- 
well Leech, or either of them, that either of said persons 
hath paid more than his proportion of the bounties or 
hires given by the town of Shuteshury, or individuals 
thereof, to soldiers raised agreeable to a resolve of the 
General Court passed the tifth day of June last, said 
Justices are hereby authorized and empowered to grant 
a reimbursement to either of said persons, and order 
such proceedings thereon as by law they are em- 
powered to do in cases of complaint made by any person 
over-rated. April 30, 17 SI. 



Chapter 107. 

RESOLVE DIRECTING THE SEVERAL TOWNS IN THIS COMMON- 
WEALTH, W^HO HAVE BEEN DEFICIENT IN THEIR THREE 
MONTHS MEN BY A RESOLVE OF THE 22d OF JU\E LAST, TO 
FORFEIT AND PAY FOR EACH MAN, SIS POUNDS, INJTHE 
NEW EMISSION. 

Whereas by a resolve of the General Court of the 22d 
o/" June last, for raising the three months men, it is pro- 
vided that the several towns in the State, that shall be 
deficient in their quotas of said men, sJiould forfeit and 
pay such a fine for each man they shall be so deficient, as 
the General Court shall hereafter order : Therefore, 

Resolved, That the several towns in this Common- 
Avealth, that are deficient in their quotas of said three 
months men, shall severally forfeit and paj^ for each 
man they are so deficient, six 2^ounds in the new emis- 
sion, which shall be added to such town's next State tax. 

April 30, 1781. 



Chap.lOl 



428 1780. — April Session. 

Chapter 108. 

Chav 108 i^ESOLVE directing the committee appointed to sue 
-^ ■ persons indebted to government, to suspend pros- 

ecuting COL. ASA WHITCOMB. 

Whereas it appeal's to this Court that Col. Asa Whit- 
comb stands indebted to this Commonwealth in the sum of 
eleven hundred and fifty-one pounds three shillings, which 
he drew out of the public treasury in the year 1775, which 
he is unable to account for ; and it also appears that the 
said Col. Whitcomb is unable to pay the said sum at 
'present: Therefore, 

liesolved, That the committee who were appointed to 
sue persons who were indebted to government, be, and 
they hereby are directed, to suspend prosecuting the said 
Col. Asa Whitcomb for the aforesaid sum, until the farther 
order of the General Court. April 30, 1781. 



Chapter 109. 



Chap.lOQ RESOLVE directing the committee for supplying 

^ * ARMY, TO furnish THE OFFICERS OF JOHN BROOKS, LI 



THE 
LIEUT. 
COL. COMMANDANT OF THE 7th MASSACHUSETTS REGIMENT. 

On the petition of John Brooks, Lieut. Col. Com- 
mandant of the 1th Massachusetts regiment: 

Resolved, That the committee for supplying the army 
l)e directed to furnish the ofiicers of said regiment with 
hats, shirts, breeches and boots, as soon as may be, 
agreeable to a resolve of the General Court, of Septem- 
ber 20, 1779, and transmit to the committee for settling 
with the army an account thereof, that they may be 
charged to the officers receiving the same. 

Ain-ilSO, 1781. 

Chapter 110. 

ChaV 110 RESOLVE INTITLING DROVER MINOR TO HALF PAY AS A 
-^ ■ SOLDIER. 

On the representation of John Lucas, commissary of 
pensioners, in behalf of Drover Minor, a soldier in the 
14th Massachusetts regiment, tvho lost both his legs in the 
service of the United States, as appears by his certificate. 

Resohed, That the said Drover Minor, is intitled to 
half pay as a soldier, to commence from his discharge 
which was the 28th day of September, 1780. 

April 30, 1781. 



1780.— April Session. 429 

Chapter 111. 

A GRANT OF TfVO HUNDRED AND EIGHTY-THREE POUNDS TO CIiaT).!!! 
SAMUEL BROWN, OF BOOTHBAY, IN THE COUNTY OF LIN- 
COLN. 

On the petition of Samuel Brown, of Boothbay, in the 
county of l^mcoXw, praying that he may he allowed the depre- 
ciation of the money for which he gave his obligation to 
persons of whom he purchased beef, in behalf of this State, 
in the year 177 {), for reasons set forth in his petition: 

Resolved, That the prayer of the petition be granted, 
and that there be allowed and paid out of the treasury of 
this Commonwealth, to the said Samuel Brown, two hun- 
dred and eighty-three p)ounds, of the new emission, in full 
of all demands he has on this Commonwealth, to this day. 

Mayl, 1781. 

Chapter 112. 

A GRANT OF THIRTY-THREE POUNDS SEVEN SHILLINGS TO QhaV.ll^ 
JONATHAN HUNT, A SOLDIER IN THE NINE MONTHS SER- ^' 

VICE, IN COMPENSATION FOR HIS BEING A PRISONER, AND 
FOR THE LOSS OF SUNDRY ARTICLES. 

On the petition of Jonathan Hunt, a soldier in the nine 
months service, in the year 1779 : 

Resolved, That there be granted and paid out of the 
treasury of this Commonwealth, to Jonathan Hunt, 
twenty-nine pourids five shillings, in the new emission, 
as a compensation for his being a prisoner seven months 
and twenty-four days after the term for which he 
inlisted was expired, and 2X^0 four pounds two shillings, 
in the same money, for the loss of his blanket, two 
shirts, one pair of stockings, one pair of buckles, and 
one knapsack. May i, 1781. 

Chapter 113. 

RESOLVE APPOINTING A COMMITTEE TO EXAMINE INTO ALL QhaV 113 
TRESPASSES AND ILLEGAL ENTRIES ON THE UNAPPRO- ^ * 

PRIATED LANDS BELONGING TO THIS COMMONWEALTH, AND 
VESTING THEM WITH CERTAIN POWERS. 

WJiereas it has been represented to the General Court, 
that divers trespasses have been committed on the unap- 
propriated lands belonging to this Commonwealth, and 
that divers persons have illegally entered upon and taken 
possession of various tracts of said lands, and still con- 



430 1780. — Apkil Session. 

tinue to hold possession thereof, contrary to laiu and Jus- 
tice: And whereas it is p)'^'obable that further trespasses 
may be committed, and illegal entries made, unless proper 
measures are taJten to prevent the same: Therefore, 

Resolved, That Jedediah Preble, Jonathan Greenleaf 
David /Sewall, John Lewis, and William Lithgow, 
Esquires, be, and hereby are appointed a committee to 
examine into all such trespasses and illegal entries, 
with full power in behalf of this Commonwealth, to 
commence any action or actions against any person or 
persons who have or may hereafter commit any trespass 
or trespasses on the said lands, and also against any 
person or persons who now holds or may hereafter hold 
possession of any tract or tracts of said lands contrary to 
law, and prosecute the same action or actions to final judg- 
ment, execution and receipt ; saving nevertheless, where 
any such trespasser shall be disposed to make due recom- 
pence, in the judgment of said committee, for any dam- 
age done to the Commonwealth by him, in that case the 
said committee are hereby directed to accept the same, 
and discharge the trespasser so making recompence for 
his trespass ; and also where any illegal possessor as 
aforesaid shall signify to the said committee that he is 
desirous of purchasing the land by him possessed as 
aforesaid, and shall agree, on condition of receiving a 
good deed of conveyance or grant of such land, to pay 
to said committee, for the use of the Commonwealth, 
such sum or sums of money as they shall judge the 
same to be reasonably worth, and shall give proper 
security for the performance of such agreement, the said 
committee being of opinion that it will be for the inter- 
est of this Commonwealth to dispose of the same to such 
person, are hereby directed to make report thereof to 
the General Court, for their consideration and further 
order thereon. 

And it is further Resolved, That said committee be, 
and hereby are directed, .to examine the authenticity of 
claims to the said unappropriated lands, or any part 
thereof, which they may have reason to think are not 
well founded, and report the state of such claims to the 
General Court, as soon as may be. 

And it is further Resolved, That the said committee be, 
and hereby are directed, to run and mark out, or 
cause to be run and marked out, such dividing lines 



1780. —April Session. 431 

between the lands belonging to or claimed by any individ- 
ual, 01" number of individuals, and the said unappropri- 
ated lands, as they may judge necessary for the purpose 
of preventing trespassing and illegal entries in future. 

And it is further Resolved, That the said committee be, 
and hereby are directed, to take or cause to be taken, any 
plan or plans of said unappropriated lands, or any part 
thereof, that shall be deemed ne'cessary for answering 
any of the purposes aforesaid, and also to estimate and 
ascertain the whole number of acres contained in said 
unappropriated lands, as near as maybe with convenience. 

And it is further Resolved, That the said committee be 
and hereby are authorized, for the purpose of connnen- 
cing and prosecuting any of the actions aforesaid, to 
substitute one or more attornies, and the same substitu- 
tion to revoke at pleasure, and appoint 'others in their - 
stead, as the case or cases may require, and allow and 
pay him or them for their several services, what the 
same may be reasonably worth. 

And it is further Resolved, That the said committee be, 
and hereby are directed, to publish this resolve, or such 
parts thereof, in the Boston and Worcester news papers, 
as they may think proper, in order that the trespassers 
and illegal possessors aforesaid, may have an oppor- 
tunity of availing themselves of this instance of lenity 
in government, and save the expence which might other- 
wise be incurred b}^ lawsuits. 

And it is further Resolved, That any three of said com- 
mittee be a quorum for transacting any business to them 
committed in this resolve : and the said committee are 
directed from time to time to make return to the Gen- 
eral Court of all their proceedings, with accounts on 
oath of their time and expence, and also the several 
sums of money, and securities for the payment of sums 
of money which they may receive in consequence of this 
resolve. May 1, 1781- 

Chapter 114. 

RESOLVE EMPOWERING MART LORING TO MAKE SALE OF QhaV 114 
CERTAIN LAND MENTIONED IN HER PETITION. ^' 

On the petition of Mary Jjorincr, prai/ing for liberty to 
make sale of certain land in her petition mentioned, belong- 
ing to Iter two children: 



432 1780. — April Session. 

Resolved, That the pra^^er of said petition be so far 
granted that she be, and is hereb}^ empowered to make 
sale of her said two childrens right and interest therein, 
for the most the same will fetch ; she observing the rules 
and directions of the law for the sale of real estates by 
executors and administrators, first giving security to the 
Judge of Probate for the county of Suffolk, that the 
proceeds of said sale, after deducting the charge of sale, 
shall be put on interest for the benefit of said children, 
and I)oth principal and interest paid to them as they 
respectively arrive of lawful age in such proportion as 
the law directs. May 1, 1781. 



Chapter 115. 

ChaV.WB RESOLVE REQUESTING THE GOVERNOR TO GIVE ORDERS FOR 
^' REMOVING TWO PRISONERS OF WAR FROM THE GAOL IN 

BOSTON, AND DELIVERING THEM TO THE COMMISSARY OF 
PRISONERS. 

On the memorial of Joseph Greenleaf, Esq; in behalf 
o/" John Maltby and Nicholas O'Neil, now confined in Bos- 
ton gaol: 

Resolved, That his Excellency the Governor be 
requested to give the necessary orders for removing the 
said Johii Maltby and J^icholas G'JSfeil from the gaol in 
Boston^ and delivering them to the Commissary of pris- 
oners, that they may be treated as prisoners of war. 

May 1, 1781. 



Chapter 116. 

ChaV 116 RESOLVE making compensation TO THE COMMITTEE FOR 
^ ' PROCURING CLOATHING AND SMALL STORES FOR THE 

ARMY, ON ALL SUCH PURCHASES. 

Resolved, That from and after the 1st day of January, 
1781, there be allowed to the committee for procuring 
cloathing and small stores for the army, two per cent, 
on all purchases of cloathing and other articles, which 
they shall make agreeable to the orders of the General 
Court ; and one per cent, on all cloathing not made, 
and other articles which they shall receive of the State 
Agent ; and half per cent, on the value of all cloathing 
which they shall receive from the several towns to pack 



1780. — April Session. 433 

and send forward to the army ; also half per cent, for 
all monies they shall pay to officers in lieu of cloathing ; 
and money paid for transporting stores, &c. to camp ; 
and for money paid agents for receiving cloathing from 
the several towns in their counties : The foregoing com- 
mission shall be considered as a full compensation for 
their service in prosecuting said business, including 
clerks, books, &c. May 1, 1781. 



Chapter 117. 

RESOLVE REQUESTING THE HON. SENATE TO DIRECT THEIR njfn^^ \\7 
CLERK TO LAY ON THE TABLE OF THE HOUSE, EVERY ^ • 1 ' 
MORNING, A LIST OF ALL MATTERS PASSED IN THE SENATE 
THE DAY PRECEEDING. 

W7iereas many inconveniences arise from the want of 
timely knowledge in the House of such matters as are 
sent up from the House and have been from day to day 
passed in the Hon. Senate: 

Resolved^ That the Hon. Senate be requested to direct 
their Clerk, in the morning of each day when the General 
Court is sitting, to lay on the table of the House of liep- 
resentatives, a list of the several matters aforesaid, which 
have been the day preceeding passed in the Hon. Senate. 

May 2, 1781. 



Chapter 118. 

RESOLVE DIRECTING THE SEVERAL COMMITTEES APPOINTED 
FOR SALE OF ABSENTEES ESTATES, TO PAY TO THE SEV 
ERAL CONSTABLES OR COLLECTORS, ALL TAXES THAT MAY 
BE DUE AT THE TIME OF SALE, ON ALL UNIMPROVED LANDS 
NOT LEASED. 

Resolved, That the several committees appointed for 
sale of the estates of absentees watliin this Common- 
wealth, be, and hereby are directed, to pay to the 
several constables or collectors, all taxes that may be 
due at the time of sale, on all unimproA^ed lands not 
leased belonging to such absentees, out of the proceeds 
of such sales, taking receipts therefor, which receipts 
shall be received by the Treasurer of the Commonwealth 
as part of the money arising by said sales. 

May 2, 1781. 



I Chap.118 



434 1780. — April Session. 



Chapter 119. 

Ghap.119 ^ GRANT OF THREE THOUSAND POUNDS, NEW EMISSION, TO 
^ ' THE COMMITTEE FOR PAYING ACCOUNTS. 

Whereas it has been represented to this Court, that the 
committee for -paying accounts have expended the money 
allowed them for that purpose; and it being necessary 
that they should have a further sitjjply : Therefore, 

Resolved, That the sum of three thousand pounds, in 
the new emission, be paid out of the public treasury, to 
said committee, to enable them to discharge such 
accounts as are brought for that purpose, they to be 
accountable for the expenditure of such sums as they 
shall receive. May 2, 1781. 



Chapter 130. 

Chaj) 120 RESOLVE DIRECTING THE COMMISSARY GENERAL TO DELIVER 
^ ' THE COMMITTEE OF SUPPLIES ALL ARTICLES OF CLOATHING 

HE HAS ON HAND SUITABLE FOR THE ARMY. 

Resolved, That Richard Devens, Esq ; Commissary 
General, be, and is hereby directed, to deliver to the 
committee of supplies all such articles of cloathing he 
has on hand belonging to this Commonwealth, suitable for 
the army, and not wanted in his department, they paying 
him the value thereof in the same manner as they are 
directed to pay the Agent for any articles they may 
receive of him. May 2, 1781. 



Chapter 131. 

CI n^-i 191 RESOLVE ON THE PETITION OF DAVID RALPH, EMPOWERING 
Kjliap).!-^! HIM TO MAKE SALE OF THE LAND MENTIONED. 

Oil the petition of David Ralph, of Harwich, in the 
county of Barnstable, Indian man: 

Resolved, That the prayer of the petition, for reasons 
therein set forth, be granted, and that the said David be, 
and hereby is impowered, to make sale of the land in 
said petition mentioned, and make and execute a lawful 
deed or deeds thereof, to the purchaser or purchasers of 
said land. May 7, 1781. 



1780. — April Session. 435 

Chapter 123. 

RESOLVE ON A LETTER FROM HIS EXCELLENCY GENERAL /^^^^ |9,.2 
WASHiyOTOX, AND A LETTER FROM THE HON. TIMOTHY "' 

PICKERING, ESQ; Q. M. G. DIRECTING THE COMMITTEE OF 
SUPPLIES TO FURNISH A NUMBER OF TENTS, &c. 

On the letter from his Excellencij General Washington, 
and the letter from the Hon. Timothy Pickering, Esq; 
Quainter Master General, requesting an immediate supply 
of tents, &c. 

Resolved, That Ebenezer Wales, Esq. and Capt. Amasa 
Davis, the committee appointed to procure cloathing and 
stores for the army, be, and they liereby are directed, to 
procure as soon as possible, sixteen marquisees, thirty-five 
horsemen's tents, two hundred and eighty-seven wall tents, 
eleven half wall tents, fourteen hundred and sixty -two sol- 
diers tents, four thousand knapsacks, and six thousand 
haversacks, agreeable to said requisition, and deliver them 
as fast as procured to Jabez Hatch, Esq. D. Q. M. G. in 
this department, taking his receipt for them, to be by him 
sent on to such place as General Washington, or the Q. 
M. General shall direct. May 5, 17S1. 



Chap.123 



Chapter 123. 

RESOLVE GIVING DIRECTIONS TO THE COMMITTEE ON VALUA- 
TION, TO ESTIMATE EACH POLL, IN THIS COMMONWEALTH 
AT ONE PENNY. 

Resolved, That the committee on valuation be, and 
they hereby are directed, for every thousand pounds, to 
estimate each poll in this Commonwealth, at one penny. 

May 4, 1781. 

Chapter 124. 

RESOLVE REQUESTING THE GOVERNOR, WITH THE ADVICE OF CJ]ja7) 124 
COUNCIL, TO TAKE MEASURES RESPECTING THE INIMICAL ^ ' 

DISPOSITION OF THE PERSONS MENTIONED IN COL. ALLEN'S 
LETTER. 

On the letter from Col. John Allen, and papers accom- 
panying it: 

Resolved, That the Governor, with advice of Council, 
be, and hereby is requested, to take such measures 
respecting the persons represented in Col. Allen's letter, 
and papers accompanying it, to be of an inimical disposi- 
tion towards these United States, as the public safety 
may require . May 2,1781. 



436 1780. — April Session. 

Chapter 135. 

Chap.125 RESOLVE on the petition of AARON hill and JOHN WAL- 
^ ' TON, empowering THEM TO MAKE SALE OF THE HOUSE 

AND LAND MENTIONED IN THEIR PETITION. 

On the petition of Aaron Hill, administrator on the 
estate of Belcher Hancock, late of Cambridge, iii the 
county of Middlesex, intestate, and John Walton, admin- 
istrator on the estate of Martha Hancock, late of Cambridge 
aforesaid, deceased, intestate: 

Resolved, That the said Aai^on Hill and John Walton 
be, and they are hereby authorized and empowered, in 
their said capacities, to make sale of the said three quar- 
ters of an acre of land, with that part of the house 
standing thereon, late the estate of Martha Hancock, 
together with so much of the estate of the said Belcher, 
as lies in common with the estate of the said Martha, for 
the most the same will fetch ; and make and execute a 
good and lawful deed or deeds of the same to the pur- 
chaser or purchasers, the}^ first giving proper securities 
to the Judge of Probate for the county oi Middlesex, that 
the neat proceeds arising by said sale or sales (after 
paying the just debts and necessary charges) shall be 
paid to the heirs of said estates, or their legal represen- 
tatives, in such proportion as intestate estates are 
divided by the laws of this Commonwealth. 

May 2, 1781. 

Chapter 126. 

Clian 126 resolve empowering josiah wilder, esq; to issue his 

^ • WARRANT to WARN A MEETING OF THE FREEHOLDERS IN 

LANCASTER, FOR THE PURPOSE OF CHUSING TOWN- 
OFFICERS. 

Resolved, That Josiah Wilder, Esq ; be empowered 
and directed to issue his warrant to some substantial 
freeholder in Lancaster , requiring him to warn a meeting 
of the inhabitants of the town, qualified to vote for the 
purpose of choosing town officers, as soon as may be, in 
the usual manner, and to transact other town business ; 
and said inhabitants, at such meeting, are empowered to 
compleat their choice of town officers for the present 
year; and the officers already chosen and sworn, and now 
residing in Lancaster , are confirmed in their respective 
offices ; and the said Josiah Wilder is also empowered 



1780. — April Session. 437 

to issue a warrant for calling a meeting for the choice of 
Representatives for Lancaster, in like manner, if select- 
men are not chosen timely for that purpose. 

May 2,1781. 

Chapter 127. 

A GRANT OF TEN POUNDS TWO SHILLINGS AND SIX PENCE QJidj) 127 
TO MERIT ABEL BURBANK, WIDOW OF SAMUEL BURBANK, 1 ' 

FOR HER LATE HUSBAND'S INLISTING 18 MEN, IN 1776 
AND 1777. 

On the petitio7i o/"Mehitabel Burbank, t^ttZow q/* Samuel 
Burbank, late of Rowley, deceased, setting forth her 
distressing circumstances : 

Resolved, That the prayer of the petition be granted, 
and there be paid .out of the public treasury of this Com- 
monwealth, to Mehitable Burhank, widow of Samuel 
Burbank, late of Rowley, deceased, the sum of ten 
pounds two shillings and six pence, of the new emission, 
in full for her late husband's inlisting 18 men for three 
years or during the war, in the year 1776 and 1777, for 
tilling up the Continental army, agreeable to the resolves 
of Court of October 19, 1776, she being accountable to 
the heirs of the deceased. May 4, 1781. 

Chapter 138. 

RESOLVE DIRECTING THE SELECTMEN OF THE TOWN OF Chaj)'VlS 
ADAMS TO SERVE THE COMMITTEE FOR THE SALE OF ^' 

ABSENTEES ESTATES IN THE COUNTY OF BERKSHIRE, WITH 
A PLAN OF SAID TOWN, AND SAID COMMITTEE TO ALLOW A 
REASONABLE CONSIDERATION FOR THE SAME, AND DIRECT- 
ING THE COMMITTEE TO MAKE ENQUIRIES AFTER ALL 
ABSENTEES LANDS IN SAID TOWN. 

Resolved, That the selectmen of the town of Adains be, 
and they are hereby directed, to serve the committee for 
the sale of absentees estates in the county of Berkshire, 
with a true and correct copy of the plan of the said town of 
Adams, and the said committee be, and they hereby are 
directed, to allow and pay the selectmen of Ada^ns a just 
and reasonable consideration for said plan, and lay their 
accounts before the committee on accounts for allowance 
and payment. 

And it is further Resolved, that the said committee, for 
the sale of absentees estates in the county of Berkshire 
be, and they hereby are directed, to make strict and 



438 1780. — April Session. 

careful enquiry, after all lands belonging to absentees in 
the town of Adams, and procure good and substantial 
evidence of the same ; also, make strict and careful 
enquiry of all debts due to absentees, from any person or 
persons, inhabitants of the town of Adams, and make 
return of their doings to the attorney General of this 
Commonwealth. May 4, 1781. 

Chapter 129. 

CJia/p A29 RESOLVE ON THE PETITION OF CHARLES GOODRICH, ESQ; 
^' " AND THE PETITIONS OF WILLIAM BORDMAN, AND OTHERS 

OF THE TOWN OF HANCOCK, APPOINTING A COMMITTEE TO 
NOTIFY SAID PETITIONERS TO MEET, TO HEAR THE PAR- 
TIES, AND EXAMINE THE EVIDENCES, cS^c. TO INVESTIGATE 
THE AFFAIR AND REPORT A STATE OF FACTS. 

Resolved, That the petition of Charles Goodrich, Esq ; 
relative to the laying out, and misbounding forty seven 
acres of land in the town of Hancock, and the petitions of 
William Boardman, Jarvis Mudge, and the town of 
Hancock, with the papers accompanying the same, which 
relate to the same aftair, be, and they are hereby referred 
to the next setting of the General Court. 

And it is further Resolved, That Jahleel Woodbridge, 
and James Barker, Esq'rs. and Mr. Ezra Hoit, be, and 
the}^ hereby are appointed a committee, to notify the 
before named petitioners, to meet them at such time and 
place as they shall appoint in the towm of Hancock, in 
the county of Berkshire, then and there to hear the 
parties concerned, examine all evidences produced by 
either party, view the premises, examine such grants, 
and run such lines as shall be necessary to investigate the 
aftair, and report a state of facts of the whole aftair to 
the General Court, at or before the third Wednesday of 
their next setting, and also to inform the parties, at 
their first meeting, that the cost is to be paid by said 
parties, according to the future order of the General 
Court. May 5, 1781. 

Chapter 130. 

ChoT) ISO I^ESOLVE EMPOWERING EPHRAIM TILSOX, OF PEMBROKE, TO 
^ MAKE SALE OF THE LAND AND OLD BARN MENTIONED. 

On the petition o/Ephraim Tilson, o/" Pembroke, in the 
county of Plymouth. 



1780. — April Session. 439 

Resolved, That the above named Ephraim Tilson, the 
petitioner, be, and he is hereby empowered and author- 
ised to make sale of the several pieces of upland and 
meadow mentioned in said petition, together with one 
half of the old barn standing thereon, for the most they 
will fetch, and execute a good deed or deeds thereof to 
the purchaser or purchasers, and put the money arising 
from said sales at interest, for the benefit of said minor, 
the said petitioner first giving bond to the Judge of Pro- 
bate of the county of Plymouth, with good security for 
the performance of the same. May 4, 1781. 

Chapter 131. 

RESOLVE REPEALING A CERTAIN BILL RESPECTING THE TOWN Chap.lSl 
OF NEWrOX, AND EXEMPTING SAID TOWN FROM ANY ^ ' 

CHARGE THAT SHALL ARISE ON THE REPAIR OF THE 
BRIDGE OVER CHARLES-RIVER, IN THE TOWN OF CAM- 
BRIDGE. 

The committee of both Houses appointed on the motion 
for the second reading of the hill entitled " An act for 
repealing one clause or part of an act of this Common- 
wealth, {then Province of the Massachusetts Bay) made 
and passed in the year of our Lord, one thousand six hun- 
dred and ninety-nine, entitled " An act for rebuilding the 
Great Bridge over Charles River, in the toivn of Cam- 
bridge ; " and to enquire at whose expence said bridge has 
been supported hitherto, and report on ivhat toivn or toivns 
such exjjence shall fall in future, have attended that service ; 
and report unanimously, that the clause in the above 
described bill respecting the foivn q/" Newton, be repealed, and 
that said town q/" Newton be exempted from any charge that 
shall arise on the repairs of the bridge over Charles River, 
in the toivn of Cambridge, and that the toivns of Cam- 
bridge «n^ Lexington, be at the ivhole expence of repairing 
said bridge, until the grants made said toivns by the 
General Court be wholly expended. May 4, 1781. 



Chapter 133. 

RESOLVE DIRECTING THE COMMITTEE OF SUPPLIES TO 
DELIVER THE REV. EXOS HITCHCOCK, CERTAIN ARTICLES 
OF CLOATHING, SUITABLE TO HIS RANK. 

On the petition of the Rev. Enos Hitchcock, chaplain 
to the third Massachusetts brigade, in the Continental 



Chap.\m 



440 1780. — April Session. 

army, praying for an allowance of cloatMng, (Sjc. an set 
forth in said petition : 

Resolved, That Ebenezer Wales, Esq ; and Capt. 
Amasa Davis, be, and they are hereby ordered and 
directed, to deliver to the Rev. Enos Hitchcock the 
following articles of cloathing, suitable to his rank, viz. 
One broadcloth coat, one jacket, and one pair of 
breeches, six pair hose, one hat, one pair boots, linnen 
sufficient for 6 shirts, 6 stocks, and also cloth suitable for 
one great coat ; he the said Hitchcock to be accountable 
for the same ; and the said Ebenezer Wales and Amasa 
Davis are hereby directed to make return of the amount 
of the above articles to the committee who are appointed 
to settle with the Continental army. May 5, 1781. 

Chapter 133. 

CA«».133 ^ GRANT OF TWENTY-NINE POUNDS FOURTEEN SHILLINGS 
^ ' AND FOUR PENCE TO AARON LOPEZ, AS A BOUNTY ON THE 

EXPORTATION OF POT AND PEARL ASH. 

071 the petition of Aaron Lopez, praying for the 
bounty alloived by the General Court on the exportation of 
pot ash or p)earl ash , agreeable to a resolve passed January 
1, 1780. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, the sum of twenty-nine pounds fourteen 
shillings and four pence, in bills of the new emission, to 
Aaron Lopez, in full of a bounty for nine tons eighteen 
hundreds two quarters and fifteen pounds weight of pearl 
ash, which was manufactured in this Commonwealth, and 
shipped by said Lopez, May 10, 1780. May o, 1781. 



ChapAM 



Chapter 134. 

A GRANT OF TWENTT-TWO POUNDS EACH TO ENOCH COLTON 
AND THOMAS TERRY, FOR THEIR TIME WHILE IN CAPTIVITY. 

On the petition of Enoch Colton and Thomas Terry, 
soldiers returned from captivity. 

Resolved, That there be paid out of the public treasury 
of this Commonwealth unto Enoch Colton and Thomas 
Terry, the sum o^ twenty-two pounds each, new emission, 
for their time while in captivity, and that his Excellency 
the Governor, with the advice of Council, be desired to 
issue his warrants for the same ; said sums to be charged 
to the United States. May 9, 1781^ 



1780. — April Session. 441 



Chapter 135. 

RESOLVE ON THE MEMORIAL OF JOHN FROST, ESQ; AND 
OTHERS, IN BEHALF OF THE SEVERAL TOWNS AND PLAN- 
TATIONS IN THE COUNTIES OF YORK, CUMBERLAND AND 
LINCOLN. 

On the memorial of John Frost, Esq; and others, in 
behalf of the several towns and plantations in the counties 
of York, Cumberland and Lincoln. 

Resolved, That in the assessment of the bounties given 
to the soldiers raised within this Commonwealth to serve 
six months, pursuant to a resolve of the General Court 
passed the 5th day of June, 1780, and also the bounties 
given to the soldiers raised to serve three months, in 
pursuance of a resolve of said court, passed the 22d day 
of June, 1780, the several towns and plantations in the 
counties of Cumberland and Lincoln, be entirely 
exempted from any proportion of said assessment in the 
tax to be granted for that purpose. 

And it is further Resolved, That the several towns and 
plantations in the county of York, shall be assessed in 
the same proportion, and no greater than they were sev- 
erally called upon and directed by said resolves to fur- 
nish soldiers for the six and three months service, when 
compared to other towns in the Commonwealth, in con- 
sideration that the several towns and plantations in said 
counties furnished all the soldiers for the defence of that 
part of the Commonwealth, and paid them their bounties 
for that service out of their own pockets, excepting 
thirty pounds in old Continental currency, allowed and 
paid to each soldier out of the public treasury. 

And it is further Resolved^ That the several towns and 
plantations in the three counties aforesaid, shall be 
assessed in the said tax in proportion as they stand in 
the valuation, compared one with another, the sum of 
two hundred and forty pounds, in gold or silver, or an 
equivalent in bills of credit, being the amount of the 
bounties paid out of the public treasury to the sol- 
diers who engaged to serve in defence of the Eastern 
country the last year, any former resolve of the General 
Court to the contrary notwithstanding. May 5, 1781. 



Chap.ld5 



442 1780. — April Session. 

Chapter 136. 

Chap.136 RESOLVE empowering the selectmen of the town of 

WALTHAM to BIND OUT JOHN WEAKLY. 

On the petition of Leonard Williams, JiJsq; and others, 
selectmen of W^Mh^xn, praying that some person may he 
empowered to hind out John Weakly, one of the poor of 
this State, until he arrives to the age of twenty-one years, 
for reasons set forth in said petition : 

Resolved, That the selectmen of the town of Waltham 
be, and they hereby are empowered and directed, to 
bind out said John to some suitable person, upon the 
best terms they can, until he arrives to the age of twenty- 
one years. May 5, 1781 . 



Chapter 137. 

C7ian.l37 Resolve directing the secretary of this common- 
^ * wealth to cause the several resolves that may be 

PASSED the general COURT FROM THE BEGINNING OF 
ANY SESSION, TO BE FORTHWITH COPIED AND PRINTED IN 
SHEETS. 

Whei'eas it appears to this Court that it 7vould he advan- 
tageous to thepuhlic at large, and to the memhers of the Gen- 
eral Court inparticidar,tJiattheresolvesqfsaid Court should 
he printed as soon as possihle after their heing passed, that 
so the memhers m.ay he thereby assisted in taking a more 
distinct and comprehensive view of the business of the ses- 
sion, and in prosecuting the same more systematical