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

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RESOLVES 



OF THE 



CommonUjealt!) of ^USa^^atlju^ett^, 

PASSED AT THE SEVERAL 

SESSIOJ\*S OF THE GEJ\rERAL COURT, 

HOLDEN IN BOSTON, 
BEGINNING 26th MAY, 1812, AND ENDING ON THE 2d MARCH, 1815. 

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




VOL. 



BOSrOA' 



PHINTED BY RUSSELL, CUTLER AND CO. FOR BENJAMIN RUSSELI.. 
PRINTER TO THE STATE. 

1813-15. 



APPENDIX. 



PROCEEDINGS 



•r A 



CONTENTION OF DELEGATES, 



noa THB nun m 

USSACHTSITTS, C05KECTKCT, ASD aHODE-in.ASS ; THE eOCBTU3 or CMM- 

SBIBE AST> GRAFTON, 19 THE STATE OF HEW-HAMPSHIRC ; A:rB 

THE C0U5T7 Of fTUTDHAif, U THE ITATS OF TEBMOITT ;— 



CONVENED AT HARTFORD, IX THE STATE Op COKSECTICUT, 
DSCSMBER 15tht 1814. 



9HI&B BDITIOS, CORBECm AJq» iaffSBTH). 



BOSTON : 
BRIKTEO AXD PCBZ.I5HE0 BT WStLS AlTB LILLT. 

1815. 



REPORT, &c. 



The Delegates from the Legislatures of the States of Massn- 
chusetts, Connecticut, and Rhode-Island, and from the 
Counties of Grafton and Cheshire in the State of New- 
Hampshire and the county of Windham in the State of 
Vermont, assembled in Convention, beg leave 10 report the 
following result of their conference. 

The Convention is deeply impressed with a sense of the ardu- 
ous nature of the commission which they were appointed to exe- 
cute, of devising the means of defence against dangers, and of re- 
fief from oppressions proceeding from the act of their own Go- 
vernment, without violating constitutional principles, or disap- 
pointing the hopes of a sufiTering and injured people. To pre- 
scribe patience and firmness to those who are already exhausted 
by distress, is sometimes to drive them to despair, and the pro- 
gress towards reform by the regular road, is irksome to those 
whose imaginations discern, and whose feelings prompt, to a 
shorter coui-se. — But when abuses, reduced to system and accu- 
mulated through a course of years, have pervaded every depart 
ment of Government, and spread corruption through every re- 
gion of the State ; when these are clothed with the forms of law^ 
and enforced by an Executive whose will is their source, no 
summary means of relief can be applied without recourse to di- 
rect and open resistance. This experiment, even when justifia- 
ble, cannot fail to be painful to the good citizen ; and the suc- 
cess of the effort will be no security against the danger of the 
example. Precedents of resistance to the worst administration, 
are eagerly seized by those who are naturally hostile to the best. 
Necessity alone can sanction a resort to this measure ; and it 
should never be extended in duration or degree beyond the exi- 
gency, until the people, not merely in the fervour of sudden, 
excitement, but after full deliberation, are determined to change 
the Constitution. 

It is a trutti, not to be concealed, that a sentiment prevails to 
no inconsiderable extent, that Administration have given such 
constructions to that instrunieit, srid prasMsed s« ma^y abwses 



under colour of Its authority, that the time for a change is at 
hand. Those who so believe, regard the evils which surround 
them as intrinsic and incurable defects in the Constitution. 
They yield to a persuasion, that no change, at any time, or on 
any occasion, can aggravate the misery of their country. This 
opinion may ultimately prove to be correct. But as the evi- 
dence on which it rests is not yet conclusive, and as measures 
adopted upon the assumption of its certainty might be irrevoca- 
ble, some general considerations are submitted, in the hope of 
reconciling afl to a course of moderation and firmness, which may 
save them from the regret incident to sudden decisions, proba- 
bly avert the evil, or at least insure consoljition and success in 
the last resort. 

The Constitution of the United States, under the auspices of 
a wise and virtuous Administration, proved itself competent to all 
the objects of national prosperity, comprehended in the views of 
its framers. No parallel can be found in history, of a transition 
30 rapid as that of the United States from the lowest depression 
to the highest felicity — from the condition of weak and disjointed 
republicks, to that of a great, united, and prosperous nation. 

Although this high state of publick happiness has undergone a 
miserable and afflicting reverse, through the prevalence of a weak 
and profligate policy, yet the evils and afflictions which have 
thus been induced upon the country, are not peculiar to any 
form of Government. The lust and caprice of power, the cor- 
ruption of patronage, the oppression of the weaker interests of 
the community by the stronger, heavy taxes, wasteful expendi- 
tures, and unjust and ruinous wars, are the natural offspring of 
bad Administrations, in all ages and countries. It was indeed 
to be hoped, that the rulers of these States would not make such 
disastrous haste to involve their infancy in the embarrassments of 
old and rotten institutions. Yet all this have they done ; and 
their conduct calls loudly fw their dismission and disgrace. But 
to attempt upon every abuse of power to change the Constitu- 
tion, would be to perpetuate the evils of revolution. 

Again, the experiment of the powers of the Constitution, t» 
regain its vigour, and of the people ta recover from their delusions^ 
has been hitherto made under the greatest possible disadvantages 
arising from the state of- the world. The fierce passions which 
have convulsed the nations of Europe, have passed the Ocean, 
and finding their way to the bosoms of our citizens, have afforded 
to Administration the means of perverting publick opinion, in 
respect to our foreign relations, so as to acquire its aid in the 
indulgence of their animosities, and the increase of their adhe- 
rents. Further, a reformation of publick opinion, resulting from, 
deaj- bought experrehce, in the Southern Atlantick States, at least^^ 



ih not to be despaired of. They will have felt, that the Easteru- 
•States cannot be made exclusively the victims of a capricious 
and impassioned policy.— They will have seen that the great and 
essential interests of the people, are common to the South and 
to tiie East. They will realize the fatal errours of a system^ 
which seeks revenge for commercial injuries in the sacrifice of 
commerce, and aggravates by needless wars, to an immeasurable 
extent, the injuries it professes to redress. They may discard 
the influence of visionary theorists, and recognize the benefits of 
a practical policy. Indications of this desirable revolution of 
opinion, among our brethren in those States, are already mani- 
fested. — While a hope remains of its ultimate completion, its 
progress should not be retarded or stopped, by exciting fears 
which must check these favourable tendencies, and frustrate the 
efforts of the wisest and best me: in those Slates, to accelerate 
this propitious change. 

Finally, if the Union be destined to dissolution, by reason of 
the multiplied abuses of bad administrations, it should, if possible, 
be the work of peaceable times, and deliberate consent. — Some 
new form of confederacy should be substituted among those 
States, which shall intend to maintain a federal relation to each 
other. — Events may prove that the causes of our calamities arer 
deep and permanent. They may be found to proceed, not merely 
from the blindness of prejudice, pride of opinion, violence of party 
spirityior the confusion of the times; but they may be traced to 
implacable combinations of individuals, or of States, to monopo- 
lize power and office, and to trample without remorse upon the 
eights and interests of commercial sections of the Union. When- 
ever it shall appear that these causes are radical and permanent, 
ai separation by equitable arrangement, will be preferable to an 
alliance by constraint, among nominal friends, but real enemies, 
inflamed by mutual hatred and jealousies, and inviting by intestine 
divisions, contempt, and aggression from abroad. But a severance 
of the Union by one or more States, against the will of the rest, 
and especially in a time of war, can be justified only by absolute 
necessity. These are among the principal objections against 
precipitate measures tending, to disunite the States, and when 
examined in connexion with the farewell address of the Father 
of his country, they must, it is believed, be deemed conclusive^ 

Under these impressions, the Convention have proceeded to 
confer and deliberate upon the alarming state of publick affairs^, 
especially as affecting the interests of the people who have ap- 
pointed them for this purpose, and they are natur=*lly led to a 
consideration, in the first place, of the dangers and grievances 
which menace an immediate or speedy pressure, with a view of 
»ug§esting meang of present relief ;'!« the ijext place, of such- 



6 

as are of a more remote and general descHption, in tlie hope of 
attaining future security. 

Among the subjects of complaint and apprehension, which 
might be comprised under the former of these propositions, the 
attention of the Convention has been occupied with the claims 
and pretensions advanced, and the authority exercised over the 
militia, by the executive and legislative departments of the Na- 
tional Government. Also, upon the destitution of the means of 
defence in which the Eastern States are left ; while at the same 
time they are doomed to heavy requisitions of men and money 
for national objects. 

The authority of the National Government over the militia is 
derived from those clauses in the Constitution which give power 
to Congress " to provide for calling forth the militia, to execute 
the laws of the Union, suppress insurrections and repel inva- 
sions" — Also, " to provide for organizing, arming and discipli- 
ning the militia, and for governing such parts of them as may 
be employed in the service of the United States, reserving to 
the States respectively the appointment of the officers, and the 
authority of training the militia according to the discipline pre- 
scribed by Congress." Again, '< The President shall be Com- 
mander in Chief of the army and navy of the United States, and 
of the militia of the several States, when called into the actual 
service of the United States.'* In these specified cases only, 
lias the National Government any power over the militia ; and it 
follows conclusively, that for all general and ordinary purposes, 
this power belongs to the States respectively, and to them alone. 
It is not only with regret, but with astonishment, the Convention 
perceive that under colour of an authority conferred with such 
plain and precise limitations, a power is arrogated by the execu- 
tive government, and in some instances sanctioned by the two 
Houses of Congress, of control over the militia, which if conce- 
ded, will render nugatory the rightful authority of the individual 
States over that class of men, and by placing at the disposal of 
the National Government the lives and services of the great body 
of the people, enable it at pleasure to destroy their liberties, and 
erect a military despotism on the ruins. 

An elaborate examination of the principles assumed for the 
basis of these extravagant pretensions, of the consequences to 
whickthey lead, and of the insurmountable objections to their 
admission, would transcend the limits of this Report. A few 
general observations, with an exhibition of the character of these 
pretensions,' and a recommendation of a strenuous opposition to 
them, must not however be omitted. 

It will not he contended, th?t by the terms used in th« con- 
stitntional compact, the power of the National Governinent to 



call out the militia is other than a power expressly limited to 
three cases. One of these must exist as a condition precedent 
to the exercise of that power — Unless the laws shall be opposed, 
or an insurrection shall exist, or an invasion shall be made, Con- 
gress, and of consequence the President as their organ, has no 
more power over the militia than over the armies of a foreign 
nation. 

But if the declaration of the President should be admitted to 
be an unerring test of the existence of these cases, this important 
power would depend, not upon the truth of the fact, but upon ex- 
ecutive infallibility ; and the limitation of the power would 
consequently be nothing more than merely nominal, as it might 
always be eluded. It follows therefore that the decision of the 
President in this particular cannot b^ conclusive. It is as much 
the duty of the State authorities to watch over the rights reserv- 
edf as of the United States to exercise the powers which are 
delegated. 

The arrangement of the United States into military districts, 
with a small portion of the regular force, under an officer of high 
rank of the standing army, with power to call for the militia, as 
circumstances in his judgment may require ; and to assume the 
conmiand of them, is not warranted by the Constitution or any 
law of the United States. It is not denied that Congress may 
delegate to the President of the United States the power to call 
forth the militia in the cases which are within their jurisdiction — 
But be has no authority to substitute military prefects through- 
out the Union, to use their own discretion in such instances. To 
station an officer of the army in a military district without troops 
corresponding to his rank, for the purpose of taking command 
of the militia that may be called into service, is a manifest evasion 
of that provision of the Constitution which expressly reserves to 
the States the appointment of the officers of the militia ; and the 
object of detaching such officer cannot be well conceived to be 
any other, than that of superseding the Governour or other officers 
of the militia in their right to command. 

The power of dividing the militia of the States into classes, and 
obliging such classes to furnish by contract or draft, able bodied 
men, to serve for one or more years for the defence of the fron- 
tier, is not delegated to Congress. If a claim to draft the militia 
for one year for such general object be admissible, no limitation 
can be assigned to it, but the discretion of those who make the 
law. Thus with a power in Congress to authorise such a draft 
or conscription, and in the Executive to decide conclusively 
upon the existence and continuance of the emergency, the whole 
militia may be converted into a standing army disposable at the 
will of the President of the United States, 



The power of compelling the militia and other citizens of the? 
United States, by a forcible draft or conscription to serve in the 
regular armies, as proposed in a late official letter of the Secretary 
of War, is not delegated to Congress by the Constitution, and 
the exercise of it would be not less dangerous to their liberties, 
than hostile to the sovereignty of the States. The effort to de- 
duce this power from the right of raising armies, is a flagrant 
attempt to pervert the sense of the clause in the Constitution 
which confers that right, and is incompatible with other pro- 
visions in that instrument. The armies of the United States 
have always been raised by contract, never by conscription, and 
nothing more can be wanting to a Government, possessing the 
power thus claimed, to enable it to usurp the entire control of 
the militia, in derogation i^f the authority of the State, and to 
convert it by impressment into a standing army. 

It may be here remarked, as a circumstance illustrative of th* 
determination of the Executive to establish an absolute contrdf 
over all descriptions of citizens, that the right of impressing sea- 
men into the naval service is expressly asserted by the Secre»- 
tary of the Navy in a late report. Thus a practice, which in a 
foreign government has been regarded with great abhorrence by 
the people, finds advocates among those who have been the loud*' 
est to condemn it. . 

The law authorizing the enlistment of minors and apprentices 
into the armies of the United States, without the consent of 
parents and guardians, is also repugnant to the s;>irit of the Con- 
stitution. By a construction of the power to raise armies, as 
applied by our present rulers, not only persons capable of con- 
tracting are liable to be impressed into the army, but those who 
are under legal disabilities to make contracts, are to be invested 
with this capacity, in order to enable them to annul at pleasure 
contracts made in their behalf by legal guardians. Such an 
interference with the municipal laws and rights of the several 
States, could never have been contemplated by the framers of 
the Constitution. It impairs the salutary control and influence 
of the parent over his child — the master over his servant — the 
guardian over his ward — and thus destroys the most important 
relations in society, so that by the conscription of the father, and 
the seduction of the son, the power of the Executive over all the 
effective male population of the United States is made complete. 

Such are some of the odious features of the novel system pro- 
posed by the rulers of a free country, undejr the limited powers 
derived from the Constitution. What portion of them will be 
embraced in acts finally to be passed, it is yet impossible to de- 
termine. It is, however, sufficiently alarming to perceive, that 
these projectse manate from the highest authority j nor ibould it 



be forgotten, that by the plan of the Secretary of War, the clas- 
sification of the militia embraced the principle of direct taxation 
Upon the white population only ; and that, in the House of Re- 
presentatives, a motion to apportion the militia among the white 
population exclusively, which would have been in its operation a 
direct tax, was strenuously urged and supported. 

In this whole series of devices and measures for raising men, 
this Convention discern a total disregard for the Constitution, and 
a disposition to violate its provisions, demanding from the indi- 
vidual States a firm and decided opposition. An iron despotism 
can impose no harder servitude upon the citizen, than to force 
him from his home and his occupation, to wage offensive wars, 
undertaken to gratify the pride or passions of his mas-er. The 
example of France has recently shewn that a cabal of individuals 
assuming to act in the name of the people, may transform the 
great body of citizens into soldiers, and deliver them over into 
the hands of a single tyrant. No war, not held in just abhor- 
rence by a people, can require the aid of such stratagems to 
recruit an army. Had the troops already raised, and in great 
numbers sacrificed upon the frontier of Canada, been employed 
for the defence of the country, and had the millions which have 
been squandered with shameless profusion, been appropriated to 
their payment, to the protection of the coast, and to the naval 
service, there would have been no occasion for unconstitutional 
expedients. Even at this late hour, let Government leave to 
New-England the remnant of her resources, and she is ready and 
able to defend her territory, and to resign the glories and advan- 
tages of the border war, to those who are determined to persist 
in its prosecution. 

That acts of Congress in violation of the Constitution are ab- 
solutely void, is an undeniable position. It does not, however, 
consist with the respect and forbearance due from a confederate 
State towards the General Government, to fly to open resistance 
upon every infraction of the Constitution. The mode and the 
energy of the opposition should always conform to the nature 
of the violation, the intention of its authors, the extent of the 
injury inflicted, the determination manifested to persist in it, and 
the danger of delay. But in cases of deliberate, dangerous, and 
palpable infractions of the Constitution, aftecting the sovereignty 
of a State, and liberties of the people ; it is not only the right 
but the duty of such a State to interpose its authority for their 
protection, in the manner best calculated to secure that end. 
When emergencies occur which are either beyond the reach of 
the judicial tribunals, or too pressing to admit of the delay inci- 
dent to their forms. States, which have no common umpire, must 
be their own judges, and execute their own decisions. It will 



10 

thus be proper for the several Slates to await the ultimate dis- 
posal of the obnoxious measures, recommended by the Secretary 
of War, or pending before Congress, and so to use their power 
according to the character these measures shall finally assume, 
as effectually to protect their own sovereignty, and the rights 
and liberties of their citizens. 

The next subject which has occupied the attention of the 
Convention, is the means of defence against the common enemy. 
This naturally leads to the inquiries, whether any expectation 
can be reasonably entertained, that adequate provision for the 
defence of the Eastern Siates will be made by the National 
Government T Whether the several States can, from their own 
resources, provide for self-defence and fulfil the requisitions 
which are to be expected for the national Treasury ? and, gene- 
rally, what course of conduct ought to be adopted by those 
States, in relation to the great object of defence ? 

Without pausing at present to comment upon the causes of 
the war, it may be assumed as a truth, officially announced, that 
to achieve the conquest of Canadian territory, and to hold it as 
a pledge for peace, is the deliberate purpose of Administration. 
This enterprise, commenced at a period when Government pos- 
sessed the advantage of selecting the time and occasion for mak- 
ing a sudden descent upon an unprepared enemy, now languishes 
in the third year of the war. It has been prosecuted with vari- 
ous fortune, and occasional brilliancy of exploit,' but without any 
solid acquisition. The British armies have been recruited by 
veteran regiments. Their navy commands Ontario. The Ame- 
rican ranks are thinned by the casualties of war. Recruits are 
discouraged by the unpopular character of the contest, and by 
the uncertainty of receiving their pay. 

In the prosecution of this favourite warfare, Admiuistration 
bave left the exposed and vulnerable parts of the country desti- 
tute of all efficient means of defence. The main body of the 
regular army has been marched to the frontier. — The navy has 
been stripped of a great part of its sailors for the service of the 
Lakes. Meanwhile the enemy scours the sea-coast, blockades 
our ports, ascends our bays and rivers, makes actual descents in 
various and distant places, holds some by force, and threatens 
all that are assailable with fire and sword. The sea-board of 
four of the New-England States, following its curvatures, pre- 
sents an extent of more than seven hundred miles, generally oc- 
cupied by a compact population, and accessible by a naval force, 
exposing a mass of people and property to the devastation of 
the enemy, which bears a great proportion to the residue of the 
maritime frontier of the United States. This extensive shore 
has been exposed to frequent attacks, repeated contributions.. 



il 

and constant alarms. The regular forces detached by the na^ 
tional Government for its defence, are mere pretexts for placing 
officers of high rank in command. They are besides confined 
to a few places, and are too insignificant in number to be includ- 
ed in any computation. 

These States have thus been left to adopt measures for their 
own defence. The militia have been constantly kept on the alert, 
and harassed by garrison duties, and other hardships, while the 
expenses, of which the National Government decline the reim- 
bursement, threaten to absorb all the resources of the States. 
The President of the United States has refused to consider the 
expense of the militia detached by state authority, for (he indis- 
pensable defence of the State, as chargeable to the Union, on the 
ground of a refusal by the Executive of the State, to place them 
under the command of officers of the regular army. Detachments 
of militia placed at the disposal of the General Government, have 
been dismissed either without pay, or with depreciated paper. 
The prospect of the ensuing campaign is not enlivened by the 
promise of any alleviation of these grievances. From authen- 
tick documents, extorted by necessity from those whose incli- 
nation might lead them to conceal the embarrassments of the 
Government, it is apparent that the treasury is bankrupt, and 
its credit prostrate. So deplorable is the state of the finances, 
that those who feel for the honour and safety of the country, 
would be willing to conceal the melancholy spectacle, if those 
whose infatuation has produced this state of fiscal concerns, had 
not found themselves compelled to unveil it to public view* 

If the war be continued, there appears no room for reliance 
upon the national government for the supply of those means of 
defence, which must become indispensable to secure these 
States from desolation and ruin. Nor is it possible that the 
States can discharge this sacred duty from their own resources, 
and continue to sustain the burden of the national taxes. The 
Administration, after a long perseverance in plans to baffle every 
effort of commercial enterprise, had fatally succeeded in their 
attempts at the epoch of the war. Commerce, the vital spring 
of New-England's prosperity, was annihilated. Embargoes, re- 
strictions, and the rapacity of revenue officers, had completed 
its destruction. The various objects for the employment of 
productive labour, in the branches of business dependent on 
commerce, have disappeared. The fisheries have shared its 
fate. Manufactures, which Government has professed an in- 
tention to favour and to cherish, as an indemnity for the failure 
of these branches of business, are doomed to struggle in their in- 
fancy with taxes and obstructions, which cannot fail most seri- 
ously to affect their growth. The specie is withdrawn from 



12 

circulation. The landed interest, the last to feel these burdens, 
must prepare to become their principal support, as all other 
sources of revenue must be exhausted. Under these circum- 
stances, taxes, of a description and amount unprecedented in 
this country, are in a train of imposition, the burden of which 
must fall with the heaviest pressure upon the states east of the 
Potowmac. The amount of these taxes for the ensuing year, 
cannot be estimated at less than five millions of dollars upon the 
New-England States, and the expenses of the last year for de- 
fence, in Massachusetts alone, approaches to one million of 
dollars. 

From these facts, it is almost superfluous to state the irre- 
sistible inference, that these States have no capacity of defray- 
mg the expense requisite for their own protection, and, at the 
same time, of discharging the demands of the national treasury. 

The last inquiry, what course of conduct ought to be adopted 
by the aggrieved States, is in a high degree momentous. When 
a great and brave people shall feel themselves deserted by their 
Government, and reduced to the necessity, either of submission 
to a foreign enemy, or of appropriating to their own use those 
means of defence which are indispensable to self-preservation, 
they cannot consent to wait passive spectators of approaching 
ruin, which it is in their power to avert, and to resign the last 
remnant of their industrious earnings, to be dissipated in support 
of measures destructive of the best interests of the nation. 

This Convention will not trust themselves to express their 
conviction of the catastrophe to which such a state of things in- 
evitably tends. Conscious of their high responsibility to God 
and their country, solicitous for the continuance of the Union, 
as well as the sovereignty of the States, unwilling to furnish ob- 
stacles to peace — resolute never to submit to a foreign enemy, and 
confiding in the Divine care and protection, they will, until the 
last hope shall be extinguished, endeavour to avert such conse- 
quences. 

With this view they suggest an arrangement, which may at 
once be consistent with the honour and interest of the National 
Government, and the security of these States. This it will not 
be difficult to conclude, if that government should be so dis- 
posed. By the terms of it these States might be allowed to as- 
sume their own defence, by the militia or other troops. A rea- 
sonable portion, also, of the taxes raised in each State might be 
paid into its treasury, and credited to the United States, but to 
be appropriated to the defence of such State, to be accounted 
for with the United States. No doubt is entertained, that by 
such an arrangement, this portion of the country could be de- 
fended with greater effect, and in a mode more consistent with 



13 

economy, and the public convenience, than any which has been 
practised. 

Should an application for these purposes, made to Congress 
by the State Legislatures, be attended with success, and should 
peace upon just terms appear to be unattainable, the people would 
stand together for the common defence, until a change of Ad- 
ministration, or of disposition in the enemy, should facilitate the 
occurrence of that auspicious event. It would be inexpedient 
for this Convention to diminish the hope of a successful issue to 
such an application, by recommending, upon supposition of a con- 
trary event, ulterior proceedings. Nor is it indeed within their 
province. In a state of things so solemn and trying as may 
then arise, the Legislatures of the States, or Conventions of the 
whole people, or delegates appointed by them for the express 
purpose in another Convention, must act as such urgent circum- 
stances may then require. 

But the duty incumbent on this Convention will not have been 
performed, without exhibiting some general view of such mea- 
sures as they deem essential to secure the nation against a relapse 
info difficulties and dangers, should they, by the blessing of 
Providence, escape from their present condition without abso- 
lute ruin. To this end, a concise retrospect of the state of this 
nation under the advantages of a wise Administration, contrasted 
with the miserable abyss into which it is plunged by the profli«;a- 
cy and folly of political theorists, will lead to some practical con- 
clusions. On this subject, it will be recollected, that the imme- 
diate influence of the Federal Constitution upon its first adop- 
tion, and for twelve succeeding years, upon the prosperity and 
happiness of the nation, seemed to countenance a belief in the 
transcendency of its perfection over all other human institutions. 
In the catalogue of blessings which have fallen to the lot of the 
most favoured nations, none could be enumerated from which our 
country was excluded — A free Constitution, administered by 
great and incorruptible statesmen, realized the fondest hopes of 
liberty and independence — The progress of agriculture was 
stimulated by the certainty of value in the harvest — and com- 
merce, after traversing every sea, returned with the riches of 
every clime. — A revenue, secured by a sense of honour, colle< t-d 
without oppression, and paid without murmurs, melted away the 
national debt ; and the chief concern of the publick creditor arose 
from its too rapid diminution. — The wars and commotions of the 
European nations, and the interruptions of their commercial 
intercourse afforded to those, who had not promoted, but who 
would have rejoiced to alleviate their calamities, a fair and golden 
opportunity, by enriching themselves to lay a broad foundation 
for national wealth. — Although occasional vexations to com- 



14 

merce arose from the furious collisions of the powers at war, 
yet the great and good men of that time conformed to the force 
of circumstances which they could not control, and preserved 
their country in security from the tempests, which overwhelmed 
the old world, and threw the wreck of their fortunes on these 
shores. — Respect abroad, prosperity at home, wise laws made 
by honoured legislators, and prompt obedience yielded by a con- 
tented people, had silenced the enemies of republican institu- 
tions. — The arts flourished — the sciences were cultivated — the 
comforts and conveniences of life were universally diffused — and 
nothing remained for succeeding administrations, but to reap the 
advantages, and cherish the resources, flowing from the policy 
of their predecessors. 

But no sooner was a new administration established in the 
hands of the party opposed to the Washington policy, than a 
fixed determination was perceived and avowed of changing a sys- 
tem which had already produced these substantial fruits. The 
consequences of 'this change, for a few years after its commence- 
ment, were not sufficient to counteract the prodigious impulse 
towards prosperity, which had been given to the nation. But a 
steady perseverance in the new plans of administration at length 
developed their weakness and deformity, but not until a majority 
of the people had been deceived by flattery, and inflamed by 
passion, into blindness to their defects. Under the withering 
influence of this new system, the declension of the nation hag 
been uniform and rapid. The richest advantages for securing 
the great objects of the Constitution have been wantonly rejected. 
While Europe reposes from the convulsions that had shaken 
doAvn her ancient institutions, she beholds with amazement this 
remote country, once so happy and so envied, involved in a ru- 
inous war, and excluded from intercourse with the rest of the 
world. 

To investigate and explain the means whereby this fatal re- 
verse has been effected, would require a voluminous discussion. 
Nothing more can be attempted in this Report, than a general 
allusion to the principal outlines of the policy which has pro- 
duced this vicissitude. Among these may btf enumerated 

First. — A deliberate and extensive system for effecting a 
combination among certain States, by exciting local jealousies 
and ambition, so as to secure to popular leaders in one section of 
the Union, the control of publick affairs, in perpetual succession. 
To which primary object most other characteristicks of the sys- 
tem may be reconciled. 

Secondly. — The political intolerance displayed and avowed,' 
in excluding from office men of unexceptionable merit, for want 
of adherence to the executive creed. 



15 

Thirdly. — The infraction of the judiciary authority and 
rights, by depriving judges of their offices in violation of the 
Constitution. 

Fourthly. — The abolition of existing Taxes, requisite to pre- 
pare the Country for those changes to which nations are always 
exposed, with a view to the acquisition of popular favour. 

Fifthly. — The influence of patronage in the distribution of 
offices, which in these states has been almost invariably made 
among men the least entitled to such distinction, and who have 
aold themselves as ready instruments for distracting publick 
opinion, and encouraging administration to hold in contempt the 
wishes and remonstrances of a people thus apparently divided. 

Sixthly. — The admission of new States into the Union, form* 
ed at pleasure in the western region, has destroyed the balance 
of power which existed among the original States, and deeply 
affected their interest. 

Seventhly. — The easy admission of naturalized foreigners 
to places of trust, honour or profit, operating as an inducement 
to the malcontent subjects of the old world to come to these 
States, in quest of executive patronage, and to repay it by an 
abject devotion to executive measures. 

Eighthly. — Hostility to Great-Britain, and partiality to the 
late government of France, adopted as coincident with popular 
prejudice, and subservient to the main object, party power. 
Connected with these must be ranked erroneous and distorted 
estimates of the power and resources of those nations, of the pro- 
bable results of their controversies, and of our political relations 
to them respectively. 

Lastly and principally. — A visionary and superficial theory 
in regard to commerce, accompanied by a real hatred but a feign- 
ed regard to its interests, and a ruinous perseverance in efforts 
to render it an instrument of coercion and war. 

But it is not conceivable that the obliquity of any administra- 
tion could, in so short a period, have so nearly consummated 
the work of national ruin, unless favoured by defects in the 
Constitution. 

To enumerate all the improvements of which that instrument 
is susceptible, and to propose such amendments as might render 
it in all respects perfect, would be a task, which this Convention 
has not thought proper to assume. — They have confined their 
attention to such as experience has demonstrated to be essential, 
and even among these, some are considered entitled to a more 
serious attention than others. They are suggested without any 
intentional disrespect to other States, and are meant to be such 
as all shall find an interest in promoting. Their object is to 
strengthen, and if possible to perpetuate, the Union of the 
States, by removing the grounds of existing jealousies, and pre^ 



16 

viding for a fair and equal representation, and a limitation of pow^ 
ers which have been misusecl. 

The first amendment proposed, relates to the apportionment 
of Representatives among the slave-holding Stales. This can- 
nol be claimed as a right. Those States aie entitled to the slave 
representation, bj a constitutional compact. It is therefore 
merely a subject of agreement, which should be conducted upon 
principles of mutual interest and accommodation, and upon which 
no sensibility on either side should be permitted to exist. It 
has proved unjust and unequal in its operation. Had this effect 
been foreseen, the privilege would probably not have been de- 
manded ; certainly not conceded. Its tendency in future will 
be adverse to that harmony and mutual confidence, which are 
more conducive to the happiness and prosperity of every con- 
federated State, than a mere preponderance of power, the prolifick 
source of jealousies and controversy, can be to any one of them. 
The time may therefore arrive, when a sense of magnanimity 
and justice will reconcile those States to acquiesce in a revision 
of this article, especially as a fair equivalent would result to them 
in the apportionment of taxes. 

The next amendment relates to the admission of new States 
into the union. 

This amendment is deemed to be highly important, and in 
fact indispensable. In proposing it, it is not intended to recog- 
nise the right of Congress to admit new States without the origi- 
nal limits of the United States, nor is any idea entertained of 
disturbing the tranquillity of any State already admitted into the 
union. The object is merely to restrain the constitutional power 
of Congress in admitting new States. At the adoption of the 
Constitution, a certain balance of power among the original par- 
ties was considered to exist, and there was at that time, and yet 
is among those parties, a strong affinity between their great and 
general interests. — By the admission of these States, that balance 
has been materially affected, and unless the practice be modi- 
fied, must ultimately be destroyed. The Southern States will 
first avail themselves of their new confederates to govern the 
East, and finally the Western States multiplied in number, and 
augmented in population, will control the interests of the whole. 
Thus for the sake of present power, the Southern States will be 
common sufferers with the East, in the loss of permazient advan- 
tages. None of the old States can find an interest in creating 
prematurely an overwhelming Western influence, which may 
hereafter discern (as it has heretofore) benefits to be derived to 
them by wars and commercial restrictions. 

The next amendments proposed by the convention, relate to 
the powers of Congress, in relation to Embargo and the interdic- 
tion of commerce 



1/ 

Whatever theories upon the subject of commerce have hith- 
erto divided the opinions of statesmen, experience has at last 
shewn, that it is a vital interest in the United States, and that its 
success is essential to the encouragement of agriculture and man- 
ufactures, and to the wealth, finances, defence, and liberty of the 
nation. Its welfare can never interfere with the other great in- 
terests of the State, but must promote and uphold them. Still, 
those who are immediately concerned in the prosecution of com- 
merce, will of necessity be always a minority of the nation. 
They are, however, best qualified to manage and direct its 
course by the advantages of experience, and the sense of inte- 
rest. But they are entirely unable to protect themselves against 
the sudden and injudicious decisions of bare majorities, and the 
mistaken or oppressive projects of those who are not actively 
concerned in its pursuits. Of consequence, this interest is al- 
ways exposed to be harassed, interrupted, and entirely destroy- 
ed, upon pretence of securing other interests. Had the mer- 
chants of this nation been permitted, by their own government, 
to pursue an innocent and lawful commerce, how different would 
have been the stale of the treasury and of publick credit I How 
shortsighted and miserable is the policy which has annihilated 
this order of men, and doomed their ships to rot in the docks, 
their capital to waste unemployed, and their affections to be 
alienated from the Government which was formed to protect 
them ! What security for an ample and unfailing revenue can 
ever be had, comparable to that which once was realized in the 
good faith, punctuality, and sense of honour, which attached the 
mercantile class to the interests of the Government ? Without 
commerce, where can be found the aliment for a navy ; and 
without a navy, what is to constitute the defence, and ornament, 
and glory of this nation ? No union can be durably cemented, in 
which every great interest does not find itself reasonably secureci 
against the encroachment and combinations of other interests. 
When, therefore, the past system of embargoes and commercial 
restrictions shall have been reviewed — when the fluctuation and 
inconsistency of publick measures, betraying a want of information 
as well as feeling in the majority, shall have been considered, 
the reasonableness of some restrictions upon the power of a bare 
rnajority to repeat these oppressions, will appear to be obvious. 

The next amendment proposes to restrict the power of making 
offensive war. In the consideration of this amendment, it is not 
necessary to inquire into the justice of the present war. But one 
sentiment now exists in relation to its expediency, and regret 
for its declaration is nearly universal. No indemnity can ever 
be attained for this terrible calamity, and its only palliation must 
be found in obstacles to its future recurrence. Rarelv can the 



stale of ihis country call for or justify offensive war. The ge- 
nius of our'institutions is unfavourable to its successful prosecu- 
tion ; the felicity of our situation exempts us from its necessity. 
— fn this case, as in the former, those more immediately expo- 
sed to its fatal effects are a minority of the nation. The com- 
])iereial towns, the shores of our seas and rivers, contain the pop- 
ulation, whose vital interests are most vulnerable by a foreign 
enemy. . Agriculture, indeed, must feel at last, but this appeal 
to its sensibility comes too late. Again, the immense population 
which has swarmed inio the West, remote from immediate dan- 
ger, and which is constantly augmenting, will not be averse from 
the-occasional disturbances of the Atlantick Slates. Thus inte- 
rest may not unfrequently combine with passion and intrigue, to 
plunge the nation into needless wars, and compel it to become a 
military, rather than a happy and flourishing people. These 
considerations, which it would be easy to augment, call loudly for 
the limitation proposed \n the amendment. 

Another amendment, subordinate in importance, but stil' in a 
high degree expedient, relates to the exclusion of foreigners, 
hereafter arriving in the United States, from the capacity of hold- 
ing offices of trust, honour or profit. 

That the stock of population already in these States, is amply 
sufficient to render this nation in due time sufficiently great and 
powerful, is not a controvertible c|uestion — Nor will it be seri- 
ously pretended, that the national deficiency in wisdom, arts, 
science, arms or virtue, needs to be replenished from foreign 
countries. Still, it is agreed, that a liberal policy should offer 
the rights of hospitality, and the choice of settlement, to those 
who are disposed to visit the country. — But why admit to a par- 
ficipation in the government aliens who were no parties to the 
compact — who are ignorant of the nature of our institutions, and 
have no stake in the welfare of the country, but what is recent 
and transitory? It is surely a privilege sufficient, to admit them 
after due probation to become citizens, for all but political pur- 
poses. — To extend it beyond these lin^its, is to encourage for- 
eigners to come to these states as candidates for preferment. The 
Convention forbear to express their opinion upon the inauspi- 
cious effects which have already resulted to the honour and 
peace of this nation, from this misplaced and indiscriminate lib- 
erality. 

The last amendment respects the limitation of the office of 
President to a single constitutional term, and his eligibility from 
the same State two terms in succession. 

Upon this topick it is superfluous to dilate. The love of 
power is a principle in the human heart, which too often impels 
10 the use of all practicable means to prolong its duration. The 



10 

office of President has charms and al (raclions Tvhicli operule as 
puwerful incentives to this passion. The first and most nalr.i-ai 
exertion of a vast patronage is diiected towards the securily of 
anew election. The interest of tiic country, (he welfare of the 
people, even honest fame and respect for the opinion of poster- 
ity, are secondary considerations. All the engines of intrigue, 
all the means of corruption, are likely to be employed for this 
object. A President, whose political career is limited to a single 
election, may find no other interest than will be promoted by 
making it glorious (o himself, and benoficial to his country. But 
the hope of re-election is prolifick of temptations, under which 
these magnanimous motives are deprived of theif principal force. 
The repeated election of the President of the United States from 
any one State, affords inducements and means for intrigue, which 
tend to create an undue local influence, and to establish the dom- 
ination of particular States. The justice, therefore, of securing 
to every State a fair and equal chance for the election of this 
officer from its own citizens, is apparent, and this object will be 
essentially promoted by preventing an election from the same 
State twice in succession. 

Such is the general view which this Convention has thought 
proper to submit, of the situation of these States, of their dan- 
gers and their duties. Moi-t of the subjects which it embraces 
have separately received an ample and luminous investigation, 
by the great and able assertors of the rights of their Country, in 
the National Legislature ; and nothing more could be attempted 
on this occasion, than a digest of general principles, and of re- 
commendations, suited to the present state of publick atfairs. 
The peculiar difficulty and delicacy of performing, even this 
undertaking, will be appreciated by all who think seriously upon 
the crisis. Negociations for Peace are at this hour supposed to 
be pending, the issue of which must be deeply interesting to all. 
No measures should be adopted, which might unfavourably affect 
that issue ; none which should embarrass the Administration, if 
their professed desire for peace is sincere ; and none, which on 
supposition of their insincerity, should afford them pretexts for 
prolonging the war, or relieving themselves from the responsi- 
bility of a dishonourable peace. It is also devoutly to be wished, 
that an occasion may be afforded to all friends of the country, of 
all parties, and in all places, to pause and consider the awful state, to 
whick pernicious counsels, and blind passions, have brought this 
people. The number of those who perceive, and who are ready to 
retrace errours, must, it is believed, be yet sufficient to redeem the 
nation. It is necessary to rally and unite them by the assurance, 
that no hostility to the Constitution is meditated, and to obtain 
their aid. in placing it under guardians, who alone can save if 



^0 

from destrucHoii. Should Ihis fortunate change be eff'ected,fhe 
hope of happiness and honour may once more dispel the sur- 
rounding gloom. Our nation maj yet be great, our union dura- 
ble. But should this prospect be utterly hopeless, the time will 
not have been lost, which shall have ripened a general sentiment 
of the necessity of more mighty efforts to rescue from ruin, at 
least some portion of our beloved Country* 

THEREFORE RESOLVED— 

That it be and hereby is recommended to the Legisla- 
tures of the several States represented in this Convention, to 
adopt all such measures as may be necessary effectually to pro- 
tect the citizens of said States from the operation and effects of 
all acts which have been or may be passed by the Congress of 
the United States^ which shall contain provisions, subjecting 
the militia or other citizens to forcible drafts, conscriptions, or 
impressments, not authorized b}^ the Constitution of the United 
States. 

Resolved, That it be and hereby is recommended to the said 
Legislatures, tq authorize an immediate and earnest application 
to be made to the Government of the United States, requesting 
their consent to some arrangement, whereby the said States 
may, separately or in concert, be empowered to assume upon 
themselves the defence of their territory against the enemy ; and 
a reasonable portion of the taxes, collected within said States, 
may be paid into the respective treasuries thereof, and appropri- 
ated to the payment of the balance due said States, and to the 
future defence of the same. The amount so paid into the said 
treasuries to be credited, and the disbursements made as afore- 
said to be charged to the United States. 

Resolved, That it be, and it hereby is, recommended to the 
Legislatures of the aforesaid States, to pass laws (where it has 
not already been done) authorizing the Goveraours or Com- 
manders in Chief of their militia to make detachments from the 
same, or to form voluntary corps, as shall be most convenient 
and conformable to their Constitutions, and to cause the same to 
be well armed, equipped and disciplined, and held in readiness 
for service ; and upon the request of the Governour of either of 
the other States, to employ the whole of such detachment or 
corps, as well as the regular forces of the State, or such part 
thereof as may be required and can be spared consistently with 
the safety of the State, in assisting the State, making such re- 
quest to repel any invasion thereof which shall be made or at- 
tempted by the publick enemy. 



21 

Resolved, That the following amendments of the Constitution 
of the United States, be recommended to the States represent- 
ed as aforesaid, to be proposed by them for adoption by the 
State Legislatures, and, in such cases as may be deemed expcr 
dient, \yy a Convention chosen by the people of each State. 

And it is further recommended, that the said States shall 
persevere in their efforts to obtain such amendments, until the 
same shall be effected. 

First. Representatives and direct taxes shall be apportion- 
ed among the several States which may be included M'ithin this 
union, according to their respective numbers of free persons, in- 
cluding those bound to serve for a term of years, and excluding 
Indians not taxed, and all other persons. 

Second. No new State shall be admitted into the union by 
Congress in virtue of the power granted by the Constitution, 
wiihout the concurrence of two thirds of both Houses. 

Third. Congress shall not have power to lay any embargo on 
the ships or vessels of the citizens of the United States, in the 
ports or harbours thereof, for more than sixty days. 

Fourth. Congress shall not have power, without the concur- 
rence of two thirds of both Houses, to interdict the commercial 
intercourse between the United States and any foreign nation or 
the dependencies thereof. 

Fifth. Congress shall not make or declare war, or authorize 
acts of hostility against any foreign nation, without the concur- 
rence of two thirds of both Houses, except such acts of hostility 
be in defence of the territories of the United States when actu- 
ally invaded. 

Sixth. No person who shall hereafter be naturalized, shall 
be eligible as a member of the Senate or House of Representa- 
tives of the United States, nor capable of holding any civil oflSce 
under the authority of the United States. 

Seventh. The same person shall not be elected President of 
the United States a second time ; nor shall the President be 
elected from the same State two terras in succession. 

Resolved, That if the application of these States to the go- 
vernment of the United States, recommended in aforegoing Re- 
solution, should be unsuccessful, and peace should not be con- 
cluded, and the defence of these States should be neglected, as 
it has been since the commencement of the war, it will in the 
opinion of this Convention be expedient for the Legislatures of 
the several States to appoint Delegates to another Convention, 
to meet at Boston, in the State of Massachusetts, on the third 
Thursday of June next, with such powers and instructions as 
<!he exigency of a crisis so momentous may require. 



22 

Resolved, That the Hon. George Cabot, the Hon. Chauncey 
Goodrich, and the Hon. Daniel Lyman, or any two of them, be 
authorized to call another meeting of this Convention, to be hol- 
den in Boston, at any time before new Delegates shall be chosen, 
as recommenced in the above Resolution, if i« their judgment 
the situation of the Country shall urgently require it. 

Hartford, January 4(h, 1815. 

GEORGE CABOT, JAMES HILLHOUSE, 

NATHAN DANE, JOHN TREADWELL, 

WILLIAM PRESCOTT, ZEPHANIAH SWIFT, 

HARRISON G. OTIS, NATHANIEL SMITH, 

TIMOTHY BIGELOW, CALVIN GODDARD, 

JOSHUA THOMAS, ROGER M. SHERMAN, 

SAMUEL S. WILDE, DANIEL LTMAN, 

JOSEPH LYMAN, SAMUEL WARD, 
STEPHEN LONGFELLOW, Jr. EDWARD MANTON, 

DANIEL WALDO, BENJAMIN HAZARD, 

HODIJAH BAYLIES, ' BENJAMIN WEST, 

GEORGE BLISS, MILLS OLCOTT, 

CHAUNCEY GOODRICH, WILLIAM HAH, Jr. 



STATEMENTS, 



i»REPARED AND PUBLISHED BY ORDER OF THE CONVENTION OF DELEGATES, 
HELD AT HARTFORD, DECEMBER 15, 1814, 



ANP PniNTKD BY TIIEtR ORDEH. 



SCHEDULE (A,) 

Shewing the ascertained expenses of the war, prior to July 1, 1814. 

Militanj Department, or land forces, from January 1, to Sept. 30, 

1812, including about rix mouths of peace, and three months of 

war, in that year, $7,464,814 80 

From Sept. 30, 1812, to Sept. 30, 1813, - 18,484,750 49 

From Sept. 30, 1813, to Dec. 31, 1813, - 5,887,747 00 

From Jan. ], to July 1, 1814, - - - 11,210,238 00 

Ascertained expenses of the Land forces from } g .o qa-j ccn 90 

Jan. 1, 1812, to July 1, 1814, ^ ' ' 

Navi/ Department, from Jan. 1, to Sept. 30, 1812, 

about six months of peace, and three months of 

war, the sum of - - - $2,638,612 95 

From Sept. 30, ,1812, to Sept. > a Aomm oa 

30, 1813, 5 D,4zu,/u/ iiu 

From Sept. 30, to Dec. 31, 1813, 1,248,145 10 
From Jan. 1, to July 1, 1814, 4,012,899 90 

14,320,365 15 



' Ascertained war expenses to July- 1,1814, $57,367,915 44 

to which must be added, large sums not ascertained, 

and, also disbursements made by individual States, 

these must be more than - . . . 3,000,000 00 



$60,367,915 44 



Note. — The Militarj' and Naval expenses of the tlnited States from 
January 1, 1812, to June 18, 1812, 'when war was declared, are in- 
cluded in the above Account, and were, partly on account of the peace 
establishment, and, in part, preparations for war. So that this enor- 
mous expenditure was incurred in the Military and Naval depart- 
ments alone, in two year? of small warfare, and in fix months that 
preceded it. 



24 



SCHEDULE (B,) 

Shewing the receipts at the Treasury of the United States from 
January 1, 1812, to July 1, 1814, including about 6 months of peace, 
and about two years of war, to wit — 

From Jan. 1, to Oct. 1, 1812, from the proceeds of 
the customs, the sales of land, &c. being three fourths / 

of the revenue year, $8,201,210 18 

The balance in the Treasury charged this account, 3,947,818 3& 

On the 11 million loan under the act of March 
14, 1812, - - 5,847,212 50 



$17,996,241 04 
Receipts from Oct. 1, 1812, to Oct. 1, 1813, to wit— 
From the proceeds of the customs, $12,596,491 55 
Sales of land, - - - 830,671 53 

Otlier items of revenue, - 140,879 35 

13,568,042 43 

On account of the 11 million loan, $4,337,487 50 
On the 16 million loan, act Feb. 
8, 1813, ...-■- 14,488,125 00 

Treasury Notes issued on the act of 
June 30, 1812, - - - 4,898,300 00 

Do. do. act Feb. 

25, 1813, 253,000 00 

23,976,912 50 

Receipts from Oct. 1, 1813, to Jan. 
1, 1814, to wit— 

From the customs and saies of 
lauds, &c. - . - - $3,678,565 00 

On the 16 million loan, - - 1,511,875 00 

On the seven and half million loan, 3,907,335 00 
Treasury notes, - - - 3,778,700 00 

-12,876,475 00 

Receipts from Jan. 1, to July 1, 
1814, to wit — 

From the proceeds of the customs, 4,182,088 25 
Saies of publick lands, - - 540,065 68 

Internal duties and direct tax, 2,189,272 40 

Postage and incidental receipts, 166,744 00 



$7,078,170 33 



On the 7 1-2 million loan, 
act Aug. 2, 1813, - $3,592,665 

On 10 million loan (part 
of the 25 millions) - 6,087,011 



Carri«d forward, $9,679,676 $7,078,170 33 $68,417,670 97 



25 

brought up, - 9,679,676 $7,078,170 33 $68,417,670 97 

Treasury notes 
on act Feb. 25, 
1813, - $1,070,000 

Do. on act 
]<Iarch 24, 1814, 1,392,100 

2,462,100-12,141,776 00-19,219,946 33 



87,637,617 30 
Deduct cash in the treasury, July 1, 1814, - 4,722,059 32 

Deduct payments mnde at the trea- $82,914,957 98 

sury in the same period from Jan. 1, 
1812, to July 1, 1814, to wit— 

The civil list, Indian department, &c. $4,697,872 32 

Interest and principal of the publick 
debt, - - - - - 21,101,417 72-25,799,290,04 

Left for war purposes in this period, - - $57,115,667,94 

Note. — Thus while the war cost above 60 millions of dollars, and 

the land forces 46 millions of the sum, there was but a small British 

army em,>loyed against the United States, and in this period, disgrace 

generally attended the American arms by land. 

SCHEDULE (C) 
Shewing the great increase of the revenues of the United States, 
from the adoption of the Constitution to the adoption of the restric- 
tive system ; and while commerce continued free, and the great 
diminution of these revenues since that system was resorted to — 
they were as follow, as by Treasury statements. 



Prior to 1792, 


$4,418,913 


1803, 


11,064,067 


In 1792, 


3,661,932 


1804, 


11,828,307 


1793, 


4,714,423 


1805, 


13,560,663 


1794, 


5,128,432 


1806, 


15,559,931 


1795, 


5,954,534 


1807, 


16,398,019 


1796, 


7,137,529 


1808, 


17,060,661 


1797, 


8,403,560 


1809, 


7,773,473 


1798, 


7,820,575 


1810, 


9,384,214 


1799, 


7,475,773 


1811, 


14,423,529 


1800, 


10,777,709 


9 months of 1812, 


6,927,706 


1801, 
1802, 


12,846,530 
13,668,223 








$215,988,703 



Note — As bonds were given for the duties, and they usually become 
payable the next year — the duties payable in any year, were, gene- 
rally, collected on the importations of the preceding year, as the 
$17,060,661 received in 1808 were the duties on the great importa- 
tions of 1807, a few small sums excepted. 

Note, also — -All these revenues arose from commerce, except 
$16,262,651. 

It will be observed that all the sources of revenue exclusive of im- 
post and tonnage duties, did not, on an average, amount to quite one 
million of dollars a year ; so thut the impost and tonnage duties, the 
4 



26 

four yeara preceding the long embargo, amounted to about fifty-ei§ht 
millions of dollars, or to $14,500,000 a year. And if there had been no 
embargoes or restrictions on commerce these would have increased, at 
least not decreased till the war was commenced. That commenced 
four years and a half after the embargo was laid. It will be seen that 
all the revenues amounted, in four years, before the embargo, to 
$62,579,274, and deducting for other sources of revenue, one million a 
year, there will remain $58,579,274 received from imposts and 
tonnage duties: whereas in the three years and nine months ;ifter the 
em'iavgo was laid, all the revenues, as above, amounted only to 
$38,508,922, or at the rate of $40,817,990 in four years; but in these 
four years were included, not only the ordinary million a year, but the 
two million direct tax of 1798, and the new internal duties of those 
four years, whence was collected at least two millions and a half; 
hence deduct $6,500,000 from $40,817,990 leaves, received from im- 
post and tonnage duties $34,317,990,— $24,261,284 less than was 
received in the four years preceding the embargo; that is, above six 
millions a year, or above twenty-seven millions for the four years and a 
half, the restrictive system, existed before the war ; hence this sum w as 
clearly lost by this system — See Schedule F. 

Note, also — ^^The said $16,262,651 was received thus, — from in- 
ternal revenue, $6,460,003; direct tax, $1,757,240; sales of land, 
$6,161,283 02; postage of letters, &c. $667,343; miscellaneous, 
$1,216,775. 

Therefore, it is clear, that if there had been no restrictive system or 
war, the olfl debt of the United States, would have been, before thi? 
time, paid, or nearly paid. 



SCHEDULE (D,) 

Shewing the state of the army of the United States previous to 
July 1, 1814. It was thus — effectives 27,010; aggregate 31,539; sta- 
tioned as follows : 

In the first Military District, at Boston, Portsmouth, Portland and 
Eastport, aggregate number - 655 

2 Military District at New-London, &c. 714 

at New- York, 2,116 

at Fort Mifflin, &c. 308 

at Baltimore, Norfolk, 2,244 

North and South Carolina and Georgia, 2,244 
at New-Orleans, Mobile, «fec. 2,378 



3 


do. 


4 


do. 


5 


do. 


6 


do. 


7 


do. 



Stationed on the sea board, 10,659 

8 Military District at Detroit, Sandwich, &c. 2,472 

9. do. division of the right, 11,795 

at Buffaloe, Sacket's harbour, &c. 6,613 

18,408 

on the Canada line, 20,880 



total— 31,539 



27 

Recruits enlisted from January 27, 1814, to September 30, 1814, as 
by the return of the Inspector General were 13,898 : 
to wit — in February 1814, 980 

March „ 2,357 

April „ 2,501 

May „ 2,138 

June „ 1,445 

July „ 1,486 

August „ 1,687 

Sept. „ 1,304 

13,898 

Note — An army of 31,539, early in the year 1814, was, no doubt, a 
much larger army than the United States kept up the two first years 
of the war; and if properly employed, 31,000 regular troops were cer- 
tainly adequate to oppose any force Great Britain, in those years, 
employed against the United States — 31,000 men, according to the 
estimates of the War and Treasm-y Departments, should not have cost 
more than 12 millions a year, or 24 millions in the two years; whereas 
the land forces did cost 46 millions and more, in the wasteful manner 
in which the war was conducted. 

Note, also — When it is considered the United Statps had on the 1st 
of July, 1814, a regular army of 31,539, and enlisted in 8 months, 
from February 1, to Oc(r>ber 1, 1814, 13,898 men, for what possible 
p'-etence can the national government have recourse to conscription, 
and measures destructive of the liberties of the people, to till the ranks 
of the army ? The course of enlistments amply proves, that if the army 
be well paid and supported, and according to contracts, there can be 
no occasion to resort to such violent measures. 

Note, also — Of the 10,659 regular troops on the sea board, only 
1,369 were stationed in New-England. 



SCHEDULE (E.) 

Though the operations of the war in 1 781 and 1 782 were great, espe- 
cially in the Southern States, yet it cost America far less than fifteen 
millions a year, as will appear by the publick documents. In 1782 Con- 
gress made an estimate for an army of 25,000 men. This estimate, 
which proved to be correct, was a little over eight millions of dollars. 
The individual States' expenses will be found not to have exceeded four 
millions a year, and Navy expenses were trifling. In 1 781 the expenses 
were about three millions more than in 1 782. — Prices were about the 
same then as now. 

The following is an abstract of the expenditures of the United States 
from the adoption of the Constitution, to Oct. 1, 1812, taken from Trea- 
sury Reports : 



28 



Prior to 


1792, 


$1,718,129 


1803, 


4,062,824 


In 


1792, 


1,766,677 


1804, 


4,052,858 




1793, 


1,707,848 


1805, 


6,357,234 




1794, 


3,500,348 


1806, 


6,080,209 




1795, 


4,350,596 


1807, 


4,984,572 




1796, 


2,531,930 


1808, 


6,504,338 




1797, 


2,833,590 


1809, 


7,414,672 




1798, 


4,623,223 


1810, 


5,311,082 




1799, 


6,480,166 


1811, 


5,592,604 




1800, 


7,411,369 


9monthsofl812, 


11,760,292 




1801, 


4,981,669 












1802, 


3,737,079 




$ 107,763,309 



Note....These expenditures do not include the interest and principal 
of the publick debt. 

Never "after the peace of 1783, till 1812, did the expenditures of tlie 
United States amount to seven millions and a half in any year. 

In 1781 Cornwallis was taken, and it is ascertained that over 26,000 
British troojs were sent intp the four Southern States in less than two 
years in 1780 and 1781. The United States were obliged to keep up 
large forces in the Middle and Northern States ; and the militia drafts 
were often made in those two years. — During the long period from 
March 4, 1789, to Oct. 1, 1812, the whole Military expenditures of the 
United States were but $44,066,745 65 including Indian wars, war with 
France, and with the Barbary powers, the Pennsylvania insurrection, 
and several millions expended in the present war before October, 1812. 
Much less than two millions of dollars a year. And the Navy expen- 
ditures during the same long period were but $29,889,660 78. About 
one million and a quarter a year. 

Further, An examination of the publick documents will shew, that ihe 
eight-years-war of the revolution did not cost more than 205,000,000 
of specie dollars. More than half that sum was expended in the three 
first years, when paper money was abundant, and the American and 
British armies most numerous; a period in which we withstood the 
forces of the enemy alone, in a manner so honourable to our arras. 

SCHEDULE (F.) 
This Schedule brings into one view the great loss of revenue occa- 
sioned by the Restrictive System, and the enormous waste of publick 
monies in the two first years of this war; the particulars whereof are 
stated in the preceding Schedules. 

1. 27 millions of dollars, at least, were lost by reason of 
restrictions on commerce, for four years and a half l»efore 

the war was declared or commenced, as in scheduleC, $27,000,00(> 

2. War expenses, as stated in schedule A, to the amount 
of $60,367,915, at least, were incurred in this war before 
July 1, 1814; whereas, on any scale of expenses of any 
wars, ever carried on in this country heretofore, the war 
expenses from January 1812, to July 1, 1814, ought not to 
have exceeded 27 millions, if indeed they could equal that 
sum. There then was clearly a wasteful and improvident 



29 

Amount brought forward, 27,000,000 
expenditure of publick monies, in the war and navy depart- 
ments, in this short period, of more than 33 millions of dol- 
lars, 33,000,000 

Revenue and public monies lost by foolish restrictions, 

and in a profligate management of the war, - - $60,000,000 

Schedule E, also, shews how moderate our military expenses were 
prior to the present war. 

Note....Ha(l this large sum been saved, as it might have been, with 
perfect ease by a wise and economical administration, the credit of the 
United States, at this moment, would have been unimpaired, and the 
very heavy direct and internal taxes now laid on the people to supply 
the place of this sum, so lost and wasted, might have been avoided. 

In fact, examine the expenditures of all former wars in this country, 
the force brought against it in the two tirst years of this war, and every 
cause of necessary ex])enditure, and it will ap[)ear, that not so much as 
27 millions ought to have been expended in the military and naval de- 
partments in the period in question. 



SCHEDULE (G,) 

Shewing the amounts of the several Internal Duties, distinctly, that 
have accrued for the two first quarters of the year 1814. Ascer- 
tained to have been received in each State and Territory of the 
United States, viz. 



K.iiues ol 


Lijceiises fori 


Licenses 


Duties on 






States and 


Stills and 


Carriages. 


for 


Sales at 


Refined 


Stamps. 


Territories. 


Boiler<. 




Retailers. 


Auctio'. 


Sugar. 




New-Hamp. 


4817 9c 


6155 08 


15154 


351 29 




544 05 


Massachusetts, 


61217 86 


33160 78 


79220 


12285 05 


120 09 


14281 IS 


Vermont, 


19710 52 


2532 18 


12271 


7 96 




13 35 


Rhode- Island, 


16265 23 


2842 88 


15702 


6039 23 




5329 80 


Connecticut, 


42878 36 


13092 61 


28556 


79 48 1-2 




7388 37 


New-York, 


154484 67 


21687 23 


156492 


8872 69 1-2 




51935 06 


New-Jersey, 


18429 59 


16253 92 


27163 


2823 86 


3350 49 


Pennsylvania, 


271780 


25707 08 1-2 


118852 


10871 61 




455P0 45 


Delaware, 


1447 50 


5118 18 


7477 


116 25 




2701 56 


Maryland, 


36736 37 


16965 97 1-2 


42300 


5344 11 1-4 




20300 82 3-4 


Virginia, 


148442 91 


28836 91 


46691 


2018 20 




21378 03 1-2 


North-Caro. 


44780 20 


13594 29 3-4 


20644 


444 14 1-4 




5212 41 3-4 


Georgia, 


11076 68 


6532 12 1-4 


11931 


1003 17 




2145 76 


South-Caro. 


32215 67 


15024 72 


20343 


923 52 




lOiilO 16 


Ohio, 


84708 50 


456 24 


15200 






3246 87 1-2 


Kentucky, 


56082 19 


2634 69 1-2 


13684 


160 08 1-2 




4185 38 


Tennessee, 


46855 97 


661 11 


7612 






946 0* 


Louisiana, 


5485 OH 


840 81 


7079 


1878 30 26 25 


7119 86 


Illinois Ter. 


490 44 


62 


835 






5 60 


Michigan „ 




54 


1135 


28 93 




21 24 


Indiana „ 


1263 73 


4 


1396 








Missouri „ 


2027 38 


75 


1340 






45 45 


Missisippi „ 


1562 07 


303 


3305 


91 82 


652 76 


Dis. of Colum. 




2044 91 


9505 


154 32 


10159 56 


1062758 99l 


214639 73 1-2 


663887 


53494 03 146 34 


217364 28 1-2 



GROSS TOTAL— $2,212,290 38. 



30 



SCHEDULE (H.) 

This shews the great increase of the commerce of the United States, 
under federal administrations when it was free. Also its great diminu- 
tion under embargoes, restrictions and war. 2. The comparative ex- 
ports of the several States from time to time. 3. The kind of exports, 
as articles domestick or foreign, as productions of the forest, of agricul- 
ture, of the sea, «fec. 

1. The exports of the United States every fifth year, to wit — 

Note. ...Tims the exports, when 
commerce was free, increased near- 
ly 6 fold in 15 years, and under 
restrictions diminished about one 
half as stated below. 

Exports of the United States four 
years under restrictions, and 
one year in war, viz. 

1808 Domestick Arts $8,417,000 



1791 


$17,571,551 45 


1796 


67,064,097 00 


1801 


93,020,513 00 


1806 


103,787,000 00 


1811 


61,317,833 00 



Exports of the United States four 
years next preceding the long 
embargo, viz. 

1804 $77,701,597 

1805 95,566,021 
1806, as above, 103,787,000 
1807 108,343,558 



$385,398,176 



Foreign do. 12,997,414 

1809 Domestick do. 28,841,000 
Foreign do. 20,797,531 

1810 Domes. & For. 67,895,597 

1811 do. do. 61,317,833 
1813 Domestick Arts 25,008,152 

Foreign do. 2,847,845 



$228,122,372 



2, The comparative exports of each State, from time to time, viz. 



New-Hampshire, 

Massachusetts, 

Vermont, 

Rhode-Island, 

Connecticut, 

JNew-York, 

JVew-Jersey, , 

Pennsylvania, 

Delaware, 

Maryland, 

Virginia, 

North- Carolina, 

South-Carolina, 

Cieorgia, 



year 1791 



$ 



142,858 
2,445,975 



year 1799 

$ 3(30,089 

11,4'^1,591 

20,480 

1,0.')5,273 

1,143,818 

18,719,527 

9,722 

12.431,967 

297,065 

16,299,609 

6,292,986 

485,921 

8,729,015 

1,396,768 



470,131 
710,340 
2,51 ; 197 
27,957 
2,931,624 
119,840 
2,193,355 
3,131,227 
524,548 
1,866,021 
491,472 
Oliio, 
Territories of the U. 
Georgetown, 
Alexandria, 
Michigan, 
New-Orleanf, 



year 1806 

$ 795,260 Dom. Arts. 

21,199,243 do. 

193,775 

2,091,835 

1,715,858 

21,762,845 

33,867 

17,574,502 



500,106 

14,580,905 

5,055,396 

789,e05 

9,743,782 

no return. 

62,318 

S. 4,100,583 

254,353^ 

991,793^ 

221,200 

3,887,323 



do. 

do. 

do. 

do. 

do. 

do. 
do. 
do. 
•do. 
do. 
do. 
do. 
do. 
do. 

do. 

do. 
do. 



year 1813 
$ 29,996 
1,807,923 

236,802- 

974,303 

8,185,494 

10,260 

3,577,117 

133,432 
3,787,865 
1,819,722 

797,318 
2,968,484 
1,004,595 



1,387,493 
1,045,158 



31 

3. The kind of exports from the United States, as articles do- 
mestick or foreign ; productions of the forest, agriculture, of the sea, &c. 



Prod, of the forest, 
of the sea, 
of agriculture, 
of manufact. 

Miscellaneous, 



Foreign articles, 



Year 1804 
4,600,000 
3,420,000 

30,890,000 

2,100,000 

430,000 



Year 1805 
5,261,000 
2,884,000 

31,552,000 

2,525,000 

155,000 



Year 1806 
4,861,000 
3,116,000 

32,375,000 

2,707,000 

445,000 



Year 1807 
5,476,000 
2,804,009 

37,832,000 

2,120,00a 

468,000 



41,440,000 
36,231,597 



42,377,000 i 43,504,000 
53,179,021 60,283,000 



48,700,000 
59,643,578 



77,671,597 I 95,556,021 I 103,787,0001108,343,578 



This statement shews, that about three fourths of the domestick exports 
of the United States are the produce of agriculture, and for four years 
prior to the embargo, exceeded on an average 33 millions a year. It 
will readily be seen what great losses there must have been in regard 
to these articles, when the regular exportation of them has l>een capri- 
ciously interrupted for 7 years past, by embargoes, restrictions and 
•war, the same as to the produce of the forest, and, that of tlie sea ; the 
latter amounting, on an average, for four years next before the em- 
bargo, to above 3 millions of dollars a year, has been by restrictions 
and war, wholly destroyed — And the shipping employed formerly, in 
acquiring these productions of the sea, is nearly rotten at the wharves^ 
and the seamen engaged in this branch of business, very important, ia 
a publick view, are scattered and gone. • 

The domestick articles in the four years next before the restrictive 
system, were 50 millions more than the same articles exported in th© 
four years under it, and before the war. 



NOTE.— Page 8. 

Extract from Report of the Secretary of the Navy, dated November 

15,1814. 

There is another branch of the service which appears to me to merit 
the serious deliberation of the legislature, with regard to the establishment 
of some regular system, by which the voluntary enlistments for the navy 
may derive occasional reinforcement from the services of those seamen, 
who, pursuing theirown private occupations, are exempt, by their itine- 
rant habits, from publick service of any kind. In my view there would 
be nothing incompatible with the free spirit of our institutions, or with 
the rights of individuals, if registers, with a particular descriptive re- 
cord, were kept in the several districts, of all the seamen belonging to 
the United States, and provision made by law for classing and calling 
into the publick service, in succession, for reasonable stated periods, 
such portions or classes, as the publick service might require, and if any 



32 

individaal, so called, should be absent at the time, the next in suc- 
cession shouW perform the tour of duty of the absentee, who should, 
on his return, be liable to serve his original tour, and his substitute be 
exempt from his succeeding regular tour of duty. 



NOTE. 

It appears from the following extract from a speech of Mr. Madison, 
in the Debates of the Virginia Convention, that he had a prophetick 
view of circumstances which would induce a majority of States to sup- 
^oRT Virginia against the carrying States. See also the speeches of 
Mr. Nicholas in that Convention, and the essays in the Federalist^ 
written by Mr. Madison. 

Extract from debates in Virginia Convention, — Richmond Ed. p. 224. 

I will not sit down till I make one more observation on what fell 
fk>m my honourable friend. He says, that the true difference between 
the states lies in this circqmstance — that some are carrying states, and 
others productive, and that the operation of the new governnaent will 
be, that there will be a plurality of the former to combine against the 
interest of the latter, and that consequently it will be dangerous to put 
it in their power to do so. I would join with him in sentiment, if 
this were the case. Were this within the bounds of probability, I 
should be equally alarmed, but , I think that those States which are 
^ntradistinguished as carrying states, from the non-importing states, 
will be but few. I suppose the southern states will be considered by 
all, as under the latter description. Some other states have been 
mentioned by an honourable member on the same side, which are not 
considered as carrying states. New-Jersey and Connecticut can by 
ho means be enumerated among the carrying states. They receive 
their supplies through New-York. Here then is a plurality of non- 
importing states. I could add another if necessary. Delaware, though 
situated upon the water, is upon the list of non-carrying states. I 
might say that a great part of New-Hampshire is so. I believe a ma- 
jority of the people of that State receive their supplies from Massachu- 
setts, Rhode-island, and Connecticut. — Might I not add all those states 
which will be admitted hereafter into the union ? These will be non- 
carrying states, and will support Virginia in case the carrying states 
^viU attempt to combine against the rest. 



RESOLVES 



OP THE 



GENERAL COURT 



OF THE 



ComntanU)ea!tlj of ^a^^at&u^ett^, 

PASSED AT THE SESSIOJ^, 

COMMENCING THE L\ST WEDNESDAY, (BEING THE 26th DAY) OF MAY. 

AND ENDING THE TWENTY-SEVENTH DAY OF JUNE, 1812. 



PublisTied agreeably to a RcsoItc passed 1 6th January, 1812, 




BOSTON : 
PRINTED BY RUSSELL AND CUTLER. 



Directing the manner in which the Laws and Resokes shall he printed 
in future, — Passed 16th January, 1812. 

Ilesohed, Tliat the Laws of the Comraonwealth which shall liereaf- 
ter be passed, at the several sessions of the General Court, shall be print- 
ed in volumes of the royal octavo size ; each volume to contain not less 
than seven hundred pages, and to have suitable title p?ges and analyti- 
cal indices, and that the laws passed from the beginnino; ot the May ses- 
sion of one year to the beginning of the May session of Ihe next suc- 
ceeding year, shall be divided into chapters, and shall be printe i toge- 
ther in the same volume ; 'and until a volume of the laws shall from time 
to time be formed as aforesaid, temporary title pages and indices shall 
be added to the laws which shall be printed from session to session of 
the General Court. 

And be it further resolved, That the Resolves wliich sliall be hereaf- 
ter passed by the General Court, shall be printed m volumes ot the 
same size, in the same manner, and with suitable title pages, running 
titles and indices. 

And be it further resolved, That it shall be the special duty of ihe 
Secretary of the Commonwealth, to superintend 'he publication and 
printing of the laws and resolves of the General Court, as the same shall 
be passed at the respective sessions thereof, and to exan)ine and com- 
pare the printed copies of such laws and resolves with theorigi?ials, and 
to print, and annex to the printed copies his certificate ot such extimi- 
nation, and of the errors, if any, in such printed copies, to the end, that 
the laws and resolves of the Commonwealth may be duly and accurate- 
ly promulgated. 

And be it further resolved. That this resolve shall be prefixed to the 
printed copies of the laws which may be passed at the present session of 
the General Court, and shall also he prefixed to the next volume of the 
laws of the Commonwealth, which shall be printed in pursuance of this 
resolve. 

And be it further resohed^ That the laws -which shall be passed at 
the present session of the Legislature, shall constitute a part of the fifth 
volume of the laws, and shall be paged, indexed, and divided into 
chaptejs accordingly. 



CIVIL LIST 

OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

For the political year 1812 — 13. 

HIS EXCELLENCY 

CALEB STRONG, ESQ. Govfirnor. 

HIS HOXOR 

WILLIAM PHILLIPS, ESQ. Lieut, Governor, 



Hon. David Cobb, 
Oliver Fiske, 
William Prescott, 
John Brooks, 
Daniel Dewey, 



COUNCIL. 

Samuel Fales, 
Alexandei' Rice., 
Matthew Cobb, 
William Davis. 



SENATE. 
Hon. Samuel Dana, Presiderit. 

Suffolk — Hon. John Phillips, Harrison G. Otis, Peter C. 
Brooks, Israel Thorndike, John V/elles. 

Essex — Hon. Daniel A. White, Thomas Stephens, Thomas 
Kittredge, B. W, Crowninshield, Joseph Fuller, 36. 

Middlesex — Hon. Samuel Dana, John L. Tuttle, Matthew 
Bridge. 

Hampshire — Hon. Ezra Starkweather. 

Bristol and Norfolk — Hon. Thomas Hazard, jun. Joseph Tis- 
dale, Joseph Bemis, Amasa Stetson. 

Plymouth — Hon. Nathan Willis, Seth Sprague. 

Barnstable — Hon. John Dillingham. 

Dukes'* County and Nantucket — Hon. Walter Folger. 

Worcester — Hon. Silas Holman, Solomon Strong, John 
Spurr, Levi Lincoln, jun. 

Berkshire- — Hon. William Towner, Samuel Barstow. 

Franklin — Hon. Samuel C. Allen. 

Hampden — Hon, Jonathan Smith, jun. 

York — Hon. Alexander Rice, Williiim Moody. 

Citmberland and Oxford — Hon. Eleazsr W. Ripley, Jona- 
than Page, Ebenezer Poor. 

Lincoln, Hancock, and Washington — Hon. Benjamin J. Por- 
ter, Erastus Foote, William Webber. 

Kennebec and Somerset — Hon. James Parker, William Reed, 

Marcus Morton, Clerk. 

Robert C. Vose, Assistant Clerk. 

Rev. Dr. Thomas Baldwin, Chaplain, 



y 



HOUSE OF REPRESENTATIVES. 

Hon. TixMOTHY BiGELow, speaker. 



COUNTY OF SUFFOLK. 

Boston^ William Smith, 
Samuel Cobb, 
William Brown, 
Jonathan Honnewell, 
BeiTJamin Russell, 
Benjamin Whitman, 
Charles Davis, 
James Robinson, 
William Hammatt, 
John Parker, 
Isaac P. Davis, 
Charles Jackson, 
Wm. H. Sumner, 
Ephraim Thayer, 
Josiah Knapp, 
Benjamin Weld, 
Oliver Keating, 
Nathan Webb, 
Daniel Messinger, 
George G. Lee, 
William Porter, 
John May, 
Samuel M. Thayer, 
George Blanchard, 
Nathaniel Curtis, 
Richard Faxon, 
Samuel Dunn, 
John D. Howard, 
Thatcher Goddard, 
Lynde Walter, 
Jonathan Loring, 
Jonathan Whitney, 
Samuel J. Prescott, 
Lemuel Shaw, 
Alexander Townsend, 
James Savage, 
Joseph Pierce, 
Andrew Sigourney, 



Barzillai Holmes, 
Joshua Ellis, 
Thomas Barry, 
Henry Sargent, 
William Harris, 
Joseph Tilden, 
Chelsea^ John Tewksbury. 

ESSEX. ^ 
Salem, Benjamin Pickman, jr. 

Samuel Putnam, 

Dudley L. Pickman, 

Benjamin Pierce, 

William Orne, 

Edv/ard Brown, 

Amos Hovey, 

Ezekiel Savage, 

Samuel G. Derby, 

Robert Emery, 

Benjamin H. Hathorne, 

John Pickering, 

Ebenezer Secomb, 
Marblehead, John Bailey, 

Asa Hooper, 

Joshua Prentiss, jr. 

William Story, 

John G. Hooper, 

Richard Prince, 

James Smith, 
Lynn and Lynnjield, 

Aaron Breed, 

Oliver Fuller, 

Thompson Burrill, 

John L. Johnson, 

Asa T. Newhall, 

John Mudge, jun. 
Danvers, Samuel Page, 

Nathan Felton, 

Dennison Wallis, 



HOUSE OF REPRESENTATIVES. 



7 



James Foster, 
Beverly, Thomas Davis, 
Abner Chapman, 
Isaac Ray, 
Robert Rantoul, 
Nathaniel Goodwin, 
Wenham, John Dodge, 
Hamilton, Robert Dodge, 
Manchester, David Colby, 
Gloucester, John Tucker, 
John Manning, 
Robert Elwell, jun. 
John Johnston, 
William Dane, 
Ebed Lincoln, - 
Ipswich, Nathaniel Wade, 
Jonathan Cogswell, jun. 
Joseph Farley, 
Joseph Hodgkins, 
Rowley, Thomas Gage, jun. 

Jonathan Lambert, 
NewhiLry,lo^\<!k\. Litde, 
Siias Little, 
John Osgood, 
David Little, 
Stephen Hooper, 
Daniel Hale, 
Kexvburyport, Jonadian Gage, 
Stephen Howard, 
Ebenezer Gunnison, 
William B. Bannister, 
Isaac Adams, 
Isaac Stone, 
William Chase, 
Samuel L. Knap, 
Samuel Newman, 
Bradford, Thomas Savory, 

Jesse Kimball, 
Boxford, Parker SpafFord, 
Andover, John Kneeland, 
John Cornish, 
Stephen Barker, 
Middleton, Asa How, 
T0psfield,^?x\\mid Hammond^ 



Methuen, Benjamin Osgood, 
Haverhill, David How, 
Amesbiiry, Nathan Long, 

Orlando Sargent, 
Salisbury, Samuel March, 

Jonathan Smith, 

MIDDLESEX. 

Charlestoxvn, Thomas Harris, 

Peter Tufts, jun, 

John Kettell, 

William Austin, 

Daniel Tufts, 
Cajnbridge, John Mellcn, 

Samuel P. P. Fay, 

William Hilliard, 
Tfest- Cambridge, 

Thomas Russell, 
Brighton, Samuel W. Pomroy,: 
Maiden, Jonathan Oaksj 

Jonas Green, 
Medford, Timothy Bigelow, 

Nathaniel Hall, 
Newton, Samuel Murdock, 

Ebenezer Cheney, 
JVatertown, Jonas White, 

Thomas Clark, 
JValtliam, David Townsend, 
fFeston, Isaac Fiske, 
Lincoln, Leonard Hoar, 
Lexing<ton, James Brown,. 
Sudbury, William Hunt, 
East- Sudbury, Jacob Reeves,- 
Natick, Abel Perr}% 
Sherburne, Calvin Sanger, 
Holliston, Timothy Rockwood, 
Hopkinton , MosesC hamberlain , 

Joseph Valentine, 
Framingham, John Fiske, 

John Trowbridge, 
Marlboro', John Loring, 

Daniel Brigham, 
Stow U Boxboro\ 

Augustus Tower, 



8 



HOUSE OF REPRESENTATIVES. 



Concord, John White, 

Benjamm Prescott, jiin. 
JBedford^ Thompson Bacon, 
Burlington^ John Walker, 
JFoburn, Syivanus Piympton, 

John Wade, 
Stoneham, John H. Stephens, 
Reading, Timothy Wakefield, 

Daniel Flint, 
S. Reading, John Hart, 
Jfilmington, Samuel Eames, 
Billerica, Josiah Crosby, jun. 

Joseph Locke, 
Texvkshunj, Jesse Trnll, 
Chelmsford, x\nios Whitney, 
Carlisle, Timothy Heald, 
Westford, Thomas Fletcher, 

Jesse Minot, 
Acton, Stevens Haywai'd, 
Littleton, Edmund Foster, 
Gr'oton, Joseph Moors, 

Luther Lawrence, 
Dracut, Solomon Osgood, 
Dunstable, Edmund Page, 
Tyngsboro'' , Robert Brinley, 
SkiHey, John Egcrton, 
Pepperell, Nehemiah Jewett, jr. 
Toivnsend, Samuel Brooks, 
Ashby, 

NORFOLK. 

Roxbury, Jacob Weld, 
Abijah Draper, 
Lemuel Lebarron, 
Nathaniel S. Prentiss, 
Ebenezer Brewer, 

Dorchester^ James Humphrey, 
John Capen, 
William Pope, 

Brookline, Stephen Shai"p, 

Milton, William Pierce, 
Asaph Churchill, 

Quincy, Benjamin Beal, 
Thomas Grecnieaf, 



Braintree, Minot Thayer, 
/^ez/;72o?^?/i,Christopher Webbj 

John Vinson, jun. 
Cohasset, Thomas Lothrop, 
Needham, Daniel Ware, 
Dedham, Jolin Endicot, 

Samuel H. Dean, 

Jonathan Richards, 
Medjield aiid Dover, 

Daniel Adams, 
Medway, Nathaniel Lovell, 
Bellingham, John Bates, 
Franklin, Joseph Bacon, 

Phinehas Ware, 
Wrentham, Jairus Ware, 

James Mann, 

Samuel Druce, 
Walpole, Daniel Kingsbury, 
Foxboro\ Elias Nason, 
Sharon, Enoch Hewins, 
Stoughton, Samuel Talbot, 
Randolph, Micah White, 

Zenas French, 
Canton, Lemuel Whiting, 

Abel Wentworth. 

PLYMOUTH. 

Plymouth, Nathaniel Spooher, 

Barnabas Hedge, jun. 

Abner Bartlett, 

Joseph Bartlett, 3d. 

Benjamin Bramhall, 
Kingston, John Thomas, 
Duxbury, George Partridge^ 

Judah Alden, 
Marshjield, Jotham Tilden, 
Pembroke, Kilborn Whitman, 
Bridgewater, Nahum Mitchell, 

William Ba)dies, 

iLizra Kingman, 

Gideon Ho\\'ard, 

Daniel Crane, 

Caleb Cary, 
Middleboro\ Levi Pierce, 



HOUSE OF REPRESENTATIVES. 



Middlebf)ro\ Thomas Weston, 

Martin Keith, 

Calvin Pratt, 

Joseph Barker, 
Rochester J Thomas Basset, 

Gideon Bastow, jun* 

Elijah Willis, 

Lemuel Winslow, 
Wareham^ Jeremiah Bumpias, 
Carver^ Benjamin Ellis, 
Plymptojiy Elijah Bisbe, 
Halifax^ Zebediah Thompson, 
Abington, Nathan Gurney, jr. 

James Bates, 
Hanover y Turner Stetson, 
Scituate^ Elijah Turner, 

Hay ward Pierce, 

Gushing Otis, 
Hingham, Jonathan Gushing, 

Thomas Fearing, 

Jotham Lincoln, jun. 
Hull^ Samuel Lorvng. 

BRISTOL. 

TcmntoUy James Sproat, 

Nicholas Tillinghast^ 

Samuel Crocker, 

Nathaniel Leonard, 

Josiah King, 
Raynham^ Horatio Leonard, 
E^astown^ Calvin Brett, 

John Tinkham, 
Norton, Brian Hall, 

Samuel Morey, 
Mansfield J Solomon Pratt, 
4ttleboro\ Joel Read, 

John Richardson, 

Benjamin Bolkom, 
Kehoboth, Samuel Bliss, 

Hezekiah Martin, 

Joseph Wheaton, 
jSee/conk, Peter Hunt, 

Oliver Stiirk weather, 
f^ighton, George Walker^ 

Jgsjah Wardwell, 
2 



Swanzet/, Daniel Hale, 

Benanuel Marvel, 
Somerset, David Anthony, 
Berkley, A polios Tobey, 
Freetow/iy Wm. Rounsevelle, 

Robert Strobridge, 
Troy, Robert Miller, 
fFest Port, Abner Brownell, 

Sylvester Brownell, 

Abner B. Gifford, 
Dartmouth, Ephraim Tripp, 

David Thatcher, 

Zadock Maxfield, 

Stephen Barker, 
JVetv Bedford, Gamaliel Br)^ant^ 

Jireh Swift, jun. 

James Washburn, 

John Mason William^ 
Fairhaven, John Hawes, 

Nicholas Davis^ jun. 

Joseph Tripp. 

BARNSTABLE. 

Barnstable, Naler Crocker, 

Nathaniel Jenkins, 

Lemuel Snow, 

William Lewis, 
Sandwich, Peter Nye, 

Thomas H. Tobey, 

Benjamin Burgess, 
/c/77?owM,Braddock Dimmick, 

Thomas Fish, jun. 

Shubael Lawrence, 
Yarmouth, John Eldredge, 

James Crowell, 
Dennis, Judah Paddock, 

Samuel Chase, 
Harw''ch, Benjamin Bangs, 

Eh SmaU, 
Brewster, Isaac Clark, 
Chatham, Richard Sears, 
Orleans, Jonathan Bascom^ 
Eastham, John Doane, 
Wellfieet, Berkh Higgins, 



HOUSE OE REPRESENTATIVES. 



Truroy 

Provincetowuj Daniel Pease. 

DUKES' COUNTY. 

Edgartown^ Timothy Daggett, 

Tisbury^ 

Chilmark, Robert Hillman. 

NANTUCKET. 

Nantucket, Micajah Coffin, 
Shubael Cofiin, 
Archelaus Hannnond, 
Micajah Gardner, 
Jedediah Fitch, 
George Cannon, 
Obadiah Folger, 
Coffin Whippey, 
Simeon Coleman. 

WORCESTER. 

JVorc ester, Abraham Lincoln, 

William Eaton, 

Nathan White, 
Leicester, Austin Flint, 
Spencer, Jonas Muzzy, 

Phinehas Jones, 
Brookfield, Oliver Crosby, 

Elisha Hammond, 

Simeon Draper, 
N. Brookfield, Ezra Batcheiler, 
TFesterit, Joseph Field, 
tS^i^r^nV/^^jGershom Plimpton, 

Zenas L. Leonard, 
Charlton, Thaddeus Marble, 

Ephraim Willard, 

William P. Rider, 
Dudley, Aaron Tufts, 

Moses Healy, 
Douglas, Benjamin Dudley, 
Uxbridge, Benjamin Adams, 

Samuel Read, 
Northbridge, Adolphus Spring, 
Mendon, Joseph Adams, 

Elijah Thayer, 



Milford, Samuel Jones, 
Upton, Ezra Wood, jun. 
Grafton, Joshua Harrington,; 
Sutton, Josiah Stiles, 

Jonas Sibley, 

Darius Russell, 
Oxford, Abijah Davis, 
TFard, 
Shrewsbury, 

Vashni Hemenway, 
fFestboro\ Simeon Bellows, 
Southboro\ Willard Newton,- 
Northboro\ James Keyes, 
Boylston, Jonathan Bond, 
fF. Boylston, Barnabas Davis, 
Lancaster, Jonas Lane, 

Jacob Fisher, 
Hai'vard, Reuben Whitcomb, 

Jonathan Sawyer, 
Bolton, Stephen P. Gardner, 
Berlin, Henry Powers, 
Sterling, Samuel Sawyer, 

James Wilder, 
Princeton^ John D*na, 
Holdcn, William Drury, 
Rutland, Jonas Howe, juii. 
Oakham^ Joel Jones, 
Paxton; Nathaniel Crocker, 
New Braintree, 

Joseph Bowman, jun, 
Hardxvick, Timothy Paige,. 

Jeduthan Spooner, 
Barre, Samuel Lee, jun. 

Nathaniel Jones, 
Hubbardston, Ephraim Allen, 
Petersha7n,Yi\iX.c\\ms Hapgood, 

Joseph Brown, 
Leominster, David Wilder, jr. 

Benjamin Perkins, 
Lunenburgh, Thomas Brooks, 
Fitchburg, Samuel Gibson, 

Paul Watherbee, 
IFestminster, Jonas Whitney, 

Abel Wood, 



HOUSE OF REPRESENTATIVES. 



11 



Gardner^ Aaron Wood, 
Ashhurnham^ Joseph Jewett, 
Winchendon^ Samuel Prentiss, 
Royalston, Joseph Estabrook, 
Templeton, John W. Stiles, 
Athol, James Humphreys, 
Gerry, Ithamar Ward, 
Dana, Nathaniel Williams. 

HAMPDEN. 

Sprmgjiekl, Moses Chapin, 

Edmund D wight, 

William Sheldon, 
Longmeadoxv, Ethan Ely, 
Wilbraham, 
Monson, Abner Brown, 

Stephen Warriner, 
Briinfield, Stephen Pynchon, 

Philemon Warren, 
Holland &? S. Brimjield, 

William Putnam, 
Ludloxv, Ely Fuller, 
Pahner, Jesse King, 
ffest Springjield, 

Charles Bail, 

James Kent, 

John Porter, 

Horace Flower, 
prestjield, Benjamin Hastings, 

Frederick Fowler, 

Azariah Mosely, 
Southwick, Reuben Clark, 

Shubael Stiles, 
Granville, John Phelps, 

Asa Seymour, 
Tolland, Thomas Hamilton, 
Blandford, Alan son Knox, 

Solomon Noble, 
Chester, Sylvester Emmons, 

John N. Parmenter, 
Montgomery, x-Xaron Parks, 
Husselly 



r.AMPSniRE. 

Northampton, Asahel Pomrov. 

Elijah H. Mills, 

Jonathan H. layman, 

Cecil Dwight, 
E. Hampton, Thaddeus Clap, 
S. Hampton, Luther Edwards, 
TV. Hampton, Sylvester Judd, 
Hatfield, Samuel Partridge, 2d. 
JFilliamsburgh, John Wells, 
Goshen, Oliver Taylor, 
Flainfield, James Richards, 
Cumington, Peter Bryant, 
IForthington, 

Jonathan Brewster, 

Samuel Howe, 
Chesterfield, Oliver Edwardg, 
Norwich, Aaron Hall, 
MiddlefieH, David Mack, 
Hadley, Samuel Porter, 
South Hadley, 

Ruggles Woodbridge, 
Granhy, Eli Dick«nson, 
Belchertown, Eliakim Phelps, 

Wright Bridgman, 

Phineas Blair, 
Ware, William Bowdoin, 
Greenwich, Robert Field, 
Pelham, 
Amherst, Ebenezer Mattoon, 

Simeon Strong, 

FKANKIJN. 

Northfiield, Medad Alexander, 
Warwick, Justus Russell, 
Orangt, Josiah Cobb, 
Montague, Nathan Chenery, 
Simderknd, Nathaniel Smith, 
Leverett, Roswell Field, 
Wendell, Jo<jhua Greene, 
Shuteshury, Josiah Beaman, 
New Salem, Varney Pearce, 

Benjamin Stacy, 
Greenfield, Elijah Alvord, 



12 



HOUSE OF REPRESENTATIVES. 



&illj James Gould, 
Bernardston^ John Hamilton, 
JLeyden^ Hezekiah Nevvcomb, 
Shelburne, William Wells, 
Colraine^ David Smith, 

Paniel Willis, 
JJeath, PLphraim Hastings, 
Mowe^ Solomon Reed, 
C/^ar/e/?2o«?,SylvesterMaxwell, 
Hawley^ Thomas Longley, 
Bucldand, Enos Pomroy, 
Ashjield^ Henry Bassett, 

Thomas White, 
Conway, John Williams, 

David Childs, 
Decrfield, Asa Stebbins, 

Elihu Hoyt, 
JVhaileyy Thomas Sanderson. 

BERKSHIRE. 

Sheffield, Eli Ensign, 

Elisha Lee, 
New- Marlborough y 

Edward Stevens, 

Elihu Ward, 
Sandisfield £s? Southjield, 

John Picket, 

Eliakim Hull, 
Otis, Roderick Norton, 
Tyringham^ os^Y^i Wilson, 

Jared Thompson, 
Great Barrmgton, 

David Leavenworth, 

Samuel Rosseter, 
Egremont, Andrew Bacon, 
Alford, Elijah Fitch, 
Stockbridge, John Whiton, 

Isaac Curtis, 
JV. Stockbridge, 

Lemuel Mofiit, jun. 
Becket, George Conant, 
Washington, Simon Henry, 
Lrce, Joseph Whiton, 

Jared Bradley, 



Lenox, WilUam P. Walker, 

Daniel Williams, jun. 
Richmond, Hugo Burghardt, 
Hancock, Rodman Hazard, 
Pittsjield Timothy Childs, 

Oren Goodrich, 

Jonathan Allen, 

John B. Root, 
Dalton, Zenas Crane, 
Hinsdale, Artemas Thompson, 
Peru, Cyrus Stowell, 
Windsor, Noah Green, 
New Ashford^ Lanesborough, 

Aaron Barnes, 

Richard Whitman, 
Cheshire, John Leland, 

John Wells, 
Adams, Thomas Farnum, 

James Mason, 
Williamstown, Ambrose Hall, 

Samuel Kellogg, 
Savoy, Liscom Phillips, 
Clarksburgh, 
Florida, 
Mt. Washington, 

YORK. 

York, Elihu Bragdon, 

Joseph Bradbury, 

Josiah Bragdon, 

Peter Weare, 
Kittery, Mark Adams, 

William T. Gerrish, 
Elliot, Samuel Leighton, 

John Hammond, 
Wells, John Storer, 

Joseph Moody, 

Nahum Morrill, 

John U. parsons, 

John Bowen, 
Arundel, Eliphalet Perkins, 

Seth Burnham, 
Biddeford, Jeremiah Hill, 

Reuben H, Gre^n, 



HOUSE OF REPRESENTATIVES. 



13 



Berwick^ Richard F. Cutts, 

Joseph Prime, 

William Hobbs, 

Micajah Currier, 

Joshua Chase, 
Lebanon^ David Legro, 

Daniel Wood, 
Sandford, Sheldon Hobbs, 

Elisha Allen, 
Alfred, John Holmes, 
Lyman, John Low, 
Hollis, John Smith, 

Jesse Lock, 
Waterhorough, Henry Hobbs, 
Shapleigh, Jeremiah Emery, 

John Bodwell, jun. 
Newjield, David Moulton, 
Parsonsfieldj James Bradbury, 

Simon Marston, 
Cornish, Jonah Dunn, 
Limerick, Edmund Eastman, 
Limington, David Boyd, 

Walter Hagens, 
Buxton, Gibbens Elden, 

William Merrill, 

Benjamin Leavitt, 
Saco, Joseph Morrill, 

Benjamin Pike, 

Edmund Moody. 

CUMBERLAND. 

Portland, George Bradbury, 
Joseph H. Ingraham, 
Isaac Adams, 
Enoch Preble, 
Richard Hunewell, 
William Crabtrce, 
James Neal, 

Jj'almouth, James Morrell, 
James Merrill, 
Jonathan Sparrow, 
Josiah Hobbs, 
John Porterfield, 

(^.Elizabeth,ViA^\\ox\h Jordan, 



Scarborough, William Hasty, 

George Hight, 
Gorham, Lothrop Lewis, 

David Harding, jun. 

Dudley Folsom, 
Standish, Edmund Mussey, 

Simon Moulton, 
PFindham, Stephen Hall, 
Gray, Eliab Latham, 
A*. Yarmouth, 

Ammi R. Mitchell, 

Thomas Chase, 

Alford Richardson, 

Jeremiah Blanchard, 
Pownal, Edward Thompson, 
Free Port, Samuel Porter, 

Josiah W. Mitchel, 
Brunswick, David Dunlap, 

Robert D. Dunning, 

Philip Owen, 
Durham, Secomb Jordan, 
IIarpswell,Stephtn Purrinton, 
JV, Gloucester, David Nelson, 

Samuel Fessenden, 
Pegypscot, Joseph Roberts, 
Poland, Robert Snell, 
Minot, Jonathan Nash, 
Raymond, George Small, 
Baldwin, 

Bridgetown, Phineas Ingalls, 
Harrison, 
Otisfield, Daniel Holden. 

LINCOLN. 

Wiscasset, Jeremiah Bailey, 

Joseph T. Wood, 
IVoolwich, Richard Harnden, 
Dresden, George Houdlette, 
Alna, Jeremiah Pearson, 
PFhiteJield, Joseph Bailey, 
Jefferson, Thomas Trask, jr. 
JVew Castle, Daniel Waters, 
Edgecomb, 

Thomas Cunningham, 



14 



HOUSE OF REPRESENTATIVES. 



Boothhay^ Joseph M'Cobb, 

William Maxwell Reed, 
Bristol, James Drummond, jr. 

William Chamberlain, 

William Henry Little, 
Nobleboro\ Ephraim Rollins, 
TValdoboro\ Joseph Ludwig, 

Benjamin Brown, 

Isaac G. Reed, 
Friendship, Melzar Thomas, 
Cushing, Edward Killeran, 
St. George, Elijah Hall, 
Thomaston, Isaac Bernard,. 

Ezekiel G. Dodge, 
Warren, Samuel Thatcher, 

Cyrus Eaton, 
Camden, Joshua Dillingham, 

Nathan Brown, 
Hope, Fergus M*Clain, 
Union, Nathaniel Bobbins, 
Putnam, 

Palermo, Moses Burley, 
j^ontville, Joseph Chandler, 
Georgetown, Lewis Thorp, 

John Pattee, 
Bath, Andrew Greenwood, 

Ebenezer Clap, 

Abraham Hammatt, 
Topsham, Actor Patten, 3d. 
Bowdoin, Moses Dennett, 
Boivdo>inham,T\mo\hy Merritt, 
Lewistown, Joel Thompson, 
Lisbon, Nathaniel Eames, 
Litchfield, Lemuel Walker, 

Henry Kendall. 

KENNEBECK. 

Augusta, George Crosby, 

John Davis, 
Halloxvell, Thomas Agry, 

Peter Grant, 
Gardiner, Rufus Gay, 
Monmouth, Simon Dearborn, 

Abraham Morrill, 



Greene, John Daggett, 
Leeds, Daniel Lothrop, 
fVinthrop, Samuel Wood, 

Issachar Snell, 
Reedfield, John Hubbard, 
PFayne, Joseph Lamson, 
Fayette, Ezra Fisk, 
Mount Femon, John Hovey, 
Belgrade, Moses Curr, 
Sydney, Ambrose Howard, 

Ichabod Thomas, 
Waterville, Elnathan Sherwin, 
Dearborn, 
Rome, 
Vienna, 

New Sharon, Abel Baker, 
Chesterville, 
Farmington, Leonard Merry^ 

Timothy Johnson, 
Temple, 

TVilton, Samuel Butterfield, 
Pittston, Oliver Coburn, 
Vassalboro\ Philip Leach, 

Samuel Redington, 
Winslow, Charles Hayden, 
Harlem, Samuel Burrill, 
Malta, 

Fairfax, Japhet C. Washburn, 
Clinton, Asher Hinds, 
Unity, Rufus Burnham. 

OXFORD. 

Paris, Levi Hubbard, 

Elias Stowell, 
/fe/^ron, Alexander Greenwood, 
J^Mcy^e/iofjBenjamin Spaulding, 
Turner, Joseph Bonney, 
Livermore, Simeon Waters, 

William H. Brettun, 
Hartford, David Warren, 
Sumner, Simeon Barrett, jun. 
Norivay, Joshua Smith, 
Fryeburghj Joseph Chandler, 



HOUSE OF REPRESENTATIVES. 



lb 



Hiram ti? Brownfieldy 
Joseph Howard, 
Denmarky 
Porter, 
Lavell, 

Waterfords, Calvin Farrar, 
Albany^ 

Bethel^ Moses Mason, 
Jay^ James Starr, jun. 
Dixjield^ 

Riimfordy William Wheeler, 
Gileady 
Newry^ 
East AndovcTy 

SOMERSET. 

Norridgewock^ Calvin Selden, 

Canaan^ Eleazer Coburn, 

Fairfield^ Bartlett Nye, 

Atisofi, John Moore, 

Starks, James Waugh, jun. 

Mercery 

Industrify 

JVexv Vineyard, 

Strong, 

Avon, 

Emhden, 

Freeman, 

New -Portland, 

Madison, Nathaniel Blackwell, 

Cornville, 

Solon, 

Athens, 

Harmony, 

Palmyra, 

Bingham, 

Phillips, 

HANCOCK. 
Castine, Otis Little, 
Penobscot, William Freeman, 
Or land, Samuel Keyes, 
Buckstoxun, Jonathan Buck, 
Joseph Lee, 



Brewer, John Farrington, 

Orrington, John Wilkins, 

Eddington, 

Ellsworth, Moses Adams, 

Surry, 

Blue Hill, Reuben Dodge, 

Sedgxvick, Daniel Merrill, 

Trenton, 

Sullivan, Paul D. Sargent, 

Gouldsborough, Nathan Shaw, 

Eden, Cornelius Thompson, 

Mount Desert, 

Deer Isle, Pearl Spafford, 

Prescott Powers, 
Vinalhaven, Cyril Brown, 
Isleborough, 

Lincolnville, Ephraim Fletcher, 
North Port, 

Cornelius Rhoades, 
Belfast, Jonathan Wilson, 

George Watson, 
Prospect, Joseph P. Martin, 
F'rankfort, Abner Bicknell, 

Alexander Milliken, 
Hampden, Jonathan Knowles, 
Bangor, James Carr, 
Orono, 
Dixmont, 
Carmel, 
Corinth, 
Exeter, 
Garlajid, 

New Charlestown, 
Foxcroft, 
Sebeck, 

WASHINGTON. 

Luheck Ss? Eastport, 

Lewis F. De Lesdernier, 

Sherman Leland, 
Machias, Ebenezer Inglee, 

Peter Talbot, 
Janeshorn\ 



16 HOUSE OF REPRESENTATIVES. 

Addison, Columbia, 

Harrringtorty Calais, 

Steuben, Robert Moore, Robbmston, 



Benjamin Pollard, Esq. Clerk, 
Rev. Horace Holley, Chaplain* 




RESOLVES 



General Court of Massachusetts, 

PJSSED AT THE SESSIOJV, 

COMMENCING THE LA.ST WEDNESDAY, (BEING THE SOth DAY) OF MAI. 

AND ENDING THE TWENTYSEVENTH DAY OF JUNE, 1812. 



GOVERNOR'S SPEECH. 



nEPRESENTATlVES' CHAMBER, JUNE 5, 18l2. 

jll 12 o"* clock J the Senators attended in the Jlepresenlathea^ Chamber, 
agreeablf/ to asdsj^nment, zohen His Excellency the Governor came ?w, 
accompanied hi/ his Council, the Secretary of the Comnionxioealihj and 
other officers of government ^ and delivered the follGH'ing 

SPEECH : 

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

AS I have not been engaged in the public business of the State for 
the last five years, and had no expectation that I should again take a 
part in administering the Governn^.ent ; I have paid no other attention 
to the proceedings of the Legislature, or any public transactions, than 
rny duty as a private citizen required. I am therefore unable to lay be- 
fore you the state of our affairs; or to suggest for your consideration 
those subjects of particular interest which in other circumstances might 
hjtvc occurred to me. Rut I hnvc no rpason to regret this inability ; se- 
3 



18 GOVERNOR'S SPEECH. 

veral of you. Gentlemen, in each House, have been many years employ- 
ed in the Government, and will readily discern what measures are neces- 
sary for the general good. 

But though I have no parficular knowledge of the late Legislative 
proceedings, it is impossible for any member of the State to be ig- 
norant that a spirit of division has existed for several years, and has 
become so prevalent as fo diminish individual happiness, and endan- 
ger the tranquility of the Commonwealth. 

The opinions of men are as various as their features, and there is gen- 
erally no more cause of complaint in the one case, than in the other. 
This difference of opinion would happen if all were furnished with 
the same evidence ; but on many political subjects the evidence offered 
to different persons is not only diverse, but opposite ; it wonld be un- 
reasonable, therefore, to expect that all should think alike. If our in- 
formation is wholly derived from one source, and that happens to be a 
partial one. our opinions may be honest, though it is hardly possible 
they should be correct. 

lu sojne cases this diversity of sentiment may prmiiotethe progress of 
truth : At least it may teach us habitually to practice that mutual for- 
bearance without which society could not exist : But the danger arises 
from the warmth and eagerness with which political cjisputes are con- 
ducted. On such occasions, men are tempted to violate the rules of 
decency, ajid call in question the rectitude of others, merely because of 
a difference in judgment. Such offensive imputations are injurious to 
the peace of the state, and threaten its future prosperity ; for if party 
abuse should become general and indiscrimate, we shall lose one of the 
most powerful motives to meritorious conduct : the virtuous and vicious 
will be placed in the same light, and men of unblemished character will 
wisli to have as little concern in public affairs as possible, that they may 
preserve their reputations. 

When parties are numerous, the individuals often appear to be but 
little apprehensive of reproach ; they are apt to think that the rules of 
candor and even of truth may be dispensed with, in propagating their 
political opinions. But though the disgrace of each individual may be 
lessened when it is shared by many others, his personal guilt is the same 
as if he was the only offender ; and the example thus furnished by as- 
sociated numbers must have a pernicious influence on the morals of the 
whole people. 

ShoiJd we at any time suffer ourselves to be influenced by a spirit cf 
party, we shall be in danger of sacrificing the public good to our own 
attachments and animosities ; and shall be incapable of discerning the 
use that mny be made of our own precedents against ourselves. We 



GOVERNOR'S SPEECH. 19 

tnay establish rules by which we shall obtain a momentary ascendancy ; 
1jut which in the issue will prove injurious to our own interest, as well 
as to the peace and order of the State. If the party opposed to us should 
afterwards prevail, they will be tempted to retaliate with increased se- 
verity, in hopes of more durable possession of power. But it is vain 
to expect that in a free government, the predominance of a party can 
be preserved by disingenuous means ; or that the peace of the commu- 
nity can be maintained under retorted injuries and provocations. Such 
injuries will become more oppressive, and the provocations more aggra- 
vated, the oftener they happen ; and, if persisted in, must eventually 
terminate in ruin. 

These animosities have also a direct tendency to weaken the State, 
and render us incapable of self-defence. Within a few years all the 
Republics in Europe have become a prey to military force ; the Peo- 
ple were divided by factions : and those who thought themselves op- 
pressed, assisted a foreign power to over wlielm, both their oppressors 
and themselves, in one common ruin. Their forms of government 
have been exchanged for despotism, and their names are blotted out 
from the list of nations. 

The people of these States seem to have been placed by Providence in 
a situation of peculiar safety. Our territory is sufficiently extensive 
either for security or convenience. We are remote from the nations of 
Europe who for several years have been involved in a fatal and ex(en- 
sive war. As a commercial people we have had intercourse with all of 
them, and as a neutral nation must have expected, in such mighty con- 
flicts, to suffer injuries from each. U^ however, the merchant finds that 
any branch of trade is too hazardous to be pursued with advantag,-, his 
own prudence will induce him to relinquish it. But I think we can 
have no reasonablemotiveto join in this ruinous contest, and thus irai- 
tate those Princes, who hazard all that is dear to their subjects, laereiy 
to display their spirit or gratify their revenge. We may possibly i)e 
engaged hereafter in just and necessary wars of self-defence, and we 
hope never to be engaged in any other : — But so long as the people are 
united in affection, there is no danger that any foreign power will think 
of reducing usto their dominion. Thissecurity will be diminished in the 
same proportion as the violence of party increases ; for a State with ten 
millions of men may be conquered as easily as one with ten thousantl, 
if the people are divided, and one half are wilhng to assist in subjugating 
the other. Such dispositions, I presume, are not any where cherished at 
the present time : But if the spirit of discord shall increase and become 
more exasperated, we may hereafter be as frantic with passion and as 
blind to our own interest, as those nations, whose governments have 
been subverted by the violence or treachery of their citizens. 



20 GOV£ilNOR*S SPEECH. 

It wonicl be difficult to enumerate all the mischiefs that flow from this 
spirit of party. We have seen that it alienates the minds of men from 
each other, and has a tendency to excite the most malevolent passion^ 
History will inform us, that when under no restraint, it produces civil 
"wars, and terminates in the destruction of free States. These consider- 
ations have been suggested by reflecting men of all parties ; and it seems 
to be the duty of all, as far as their influence extends, to prevent an in- 
crease of the evil. 

Nothing is of more importance to this purpose than a just and im- 
partial administration of government. The principles of equity and 
justice are the foundations of society ; and the great end of govern- 
ment is to provide that every citizen shall have his right. Butt if in. 
making and executing the laws wp disregard the rules of equal justice; 
if we endeavour to elevate one portion of the community and deprei& 
another, we lose sight of the objoct lor which we became united, and 
render every principle that can be employed in the government of the 
State of no eflect except fear and compulsion. In such cases the peo, 
pie never obey but with reluctance ; nor shall we have any reason to 
eamplain if they are intraclablc. We are as much bound to prc-^ 
serve their rights as they to obey the laws ; and until their spirits are 
broken, they will make continu.iil efforts to recover what belongs to 
them ; for it is not in the nature of Freemen to submit without com-- 
plaint to unequal regulations. 

Our constitution forbids any exclusive pretensions to the honors of 
the State ; every class of men arc entitled to partake of the same ad- 
vantages and have an equal and common right ; if this right is infring- 
ed we may be sure that sentiments of discontent and animosity will pre- 
vail. We ought indeed to select persons of ability and integrity for 
public employments ; but if we make it a rule to advance only our po- 
litical friends, we shall become the heads of a party, and be inca- 
pable of preserving with equity and moderation the rights of the whole 
people. In Monarchies the Prince is the source of all power and the 
fountain of honor and office ; he, therefore, thinks himself authorised, 
in appointing his subordinate officers, to reward the attachment and 
purchase the future support of his adherents. But in Republics the 
people are possessed of the sovereign power ; and Legislators and Ma- 
gistrates, elected by them, are bound to employ their authority for the 
common benefit. They have no right to consider the power deputed 
to them as their own property ; or to make vacancies or appointments 
for selfish or party purposes. Should a contrary rule be established, 
it appears to mc, that political feuds would be endless and implacable ; 
—the persons in office and their friends and rctaiuers would employ 



GOVERNOR'S SPEECH. SI 

every method to prevent any change in tlie Administration, while 
their rivals would be equally assiduous and eager to effect a change. 
From the frequency of our elections there would scarcely be any inter- 
ruption in these struggles, and the longer they should continue, the 
greater would be their violence. 

To check this party spirit, and promote union and harmony in the 
public Councils, and among our Fellow-Citizens, much may be done 
by the Members of the Government, as well in their private as public 
capacity ; and without their influence and example, no attempts for 
this purpose will be likely to succeed. By a course of uniform and im- 
partial conduct, we may perhaps convince the People, that our atten- 
Hon is employed for the benefit of all our Fellow-Citizens, without any 
preference of one part to another : That we are solicitous (o establish 
a just proportion in their burdens and advantages : That of whatever 
denomination they are, we will listen to their complaints when they are 
oppressed by the officers, or injured by the measures of Government ; or 
when the laws themselves operate unjustly ; and that those who are most 
distinguished for abilities and integrity, and the merit of their public ser- 
vices, will be appointed to office, without political favor or prejudice. 
If in this way we shall be able, in any degree, to restrain the rage of 
party, our successors will be encouraged to pursue the same course. 

In our public transactions and debates, I presume that we shall care- 
fully abstain from contemptuous or reproachful expressions, and what- 
ever has a tendency to irritation ; — for we can hardly conceive Iiow 
much evil may arise to the community from circumstances of this 
kind, which at other periods might seem too inconsiderable to be re. 
garded. And I hope and trust, that in our intercourse with each o- 
ther, we shall exemplify the gentleness of manners, the candor, benev- 
olence and condescension which are the ornaments and bands of socie- 
ty, and which tend to moderate the zeal and conciliate thefriendship of 
those who are of different sentiments. I am the more confident in these 
expectations, as we have only to exercise the temper of that Religion, 
in which we have declared our belief, and which all of us profess to re- 
vere. 

CALEB STRONG. 

Council Chamber, June h, 1812, 



ANSWER 



OF THE 



HOUSE OF REPRESENTATIVES. 



Matf it please your Excellency, 

It is not without the highest gratification and the most 
aiispicions hopes that the Representatives of the people of 
Massachusetts, address your Excellency as their Chief Magis- 
trate. 

To engage again in the service of your country and relin- 
quish the well earned and long endeared enjoyments of do- 
mestic retirement, after so many years of voluntary seclusion 
from the cares and labours of public life, must be a painful 
sacrifice of inclination to a high sense of duty — Your Excel- 
lency will find the best reward for this sacrifice in those senti- 
ments of patriotism which could alone have produced it, in 
the esteem and affection of all wise and good men ; and in 
(he undissembled respect of the whole people : 

A difference of opinion on the interesting, and often intri- 
cate, questions of public policy is always to be expected among 
a free people ; and so long as it is controlled by honest inten- 
tions, is not to be regretted ; as it tends to promote useful dis- 
cussions and to elucidate important truths. The investigation 
of public affairs whilst conducted in this manner, and for these 
purposes^ will never excite the wise and temperate people of 



ANSWER OF THE HOUSE. S3 

this Commonwealth to violent contest^ or to mutual aggres- 
sions. 

Whilst they indulge to every private citizen^ an unlimited 
freedom of opinion, they will not require of their public 
functionaries a perfect unity of sentiment ; they will demand 
of them only a zealous and undeviating pursuit of the public 
welfare. And though it will sometimes happen that mea- 
sures adopted with the best views may prove unsuccessful, or 
even injurious, the people will never pursue with their resent- 
ment the authors of such measures when they appear to have 
been actuated by an honest endeavour to discern the true in- 
terests of their country and a sincere desire to promote them. 
But when on the contrary their rulers are seen to disregard 
those principles of justice and equity, which are the founda- 
tions of society ; when they adopt measures for the purpose of 
securing to themselves an ascendancy in the government, and 
for perpetuating their own power in a manner as hostile to 
the interests, as it is to the sovereignty of the people ; when 
in the steady pursuit of their ^own aggrandizement, they in- 
flameinstead of softening the asperities of party, in order that 
they may rise on the ruin of the whole ; then will the people 
yield a reluctant obedience to an authority thus abused ; and 
having a common interest to oppose all encroachments on their 
rights, they will never cease from their exertions to banish 
from the public counsels all such ambitious usurpers. 

The diversity of sentiment among the citizens of a Republic 
does not necessarily produce factions ; but it furnishes them> 
when formed, with the means of subsistence, and supplies the. 
most powerful instruments for the attainment of their purposes, 
A few ambitious leaders assuming indifferently, and perhaps 
successively, the badge of either party, by professions of ex- 
traordinary zeal and pretentions to exclusive patriotism, ac- 
quire an ascendancy over the party which they espouse and 
appropriate to themselves the principal honors and emoluments 
©f the government. 

The people, instead of being considered the depositories of 
the sovereign power, are treated as the property of ihese fac- 
tious leaders, and parcelled out among them in the manner best 
suited to promote their own views. 

Such a system of measures, may be well suited to the spirit 
of monarchial government, where the Prince is the source of 
all power and considers himself authorised in appointing his 
subordinate officers io reward the attachment aad purchase the 



24 ANSWER OF THE HOtJSfi. 

future support of his adherents ; but (he rulers of a Republic^ 
wheu actuated by this spirit become a faction, whose existence 
is destructive of individual happiness and fatal to public libert}". 

The enlightened people of this Commonwealth, we trusty 
would always be able to discern the approaches of arbitrary 
power in this shape, and apply the peaceful remedy furnished 
by the frequent recurrence of their elections. But, if at last 
every vestige of freedom should be obliterated, and the people 
should yield themselves a willing prey to such pretended pa- 
triots, this event would neither give tranquility to the public, 
nor security to the Government. Whilst the individuals of 
such a party might each think his share of responsiblity for 
their measures to be small, they would generally discover at 
last, that their share of the emoluments was still more incon- 
siderable. The weaker members of the party, who had been 
used as the mere instruments of power, would be overlooked 
t)r oppressed by their leaders ; whilst the more powerful would 
disagree in the division of the spoil. Thus a new faction would 
iirise from the bosom of the first, and the same scenes of vio- 
lence and anarcluj would be continually repeated, to the ruin 
of a degraded and oppressed people. 

When we contemplate the increasing asperity and violence 
of political controversies in the United States, and the height 
which they have already attained among us ; and consider that 
similar events preceded the destruction of all the Republics of 
Europe ; and when we reflect on the gigantic power of the 
French Empire, by which they were finally overwhelmed ; and 
the rapid and systematic advances of that nation towards uni- 
versal dominion over the civilized world ; it is with the most 
painful apprehensions, that we anticipate, at such a moment;, 
a more intimate connexion between the Emperor of France 
and the United States. This coincidence of circumstances is 
ominous and alarming. .The mysterious ties which have so 
long bound us to that nation, seem to be constantly acquiring 
new strength, in proportion as the causes which demand resis- 
tance multiply. A war with Great- Britain, with which we 
are now threatened, would undoubtedly entangle us immedi- 
ately in a more strict alliance with her enemy, an alliance 
which has never failed to be at once fatal to personal liberty, 
and political independence, in every country which has felt its 
baneful influence. 

The House of Representatives ardently join in the hope ex- 
pressed by jour ExcELLEKcy, that our Country may never he 



ANSWER OF THE HOUSE. m 

engaged in any but just and necessary wars of self-defence.— 
Placed as we are by Providence, in a situation so remote from 
the scenes of European Warfare, it seems not difficult with a 
wise and prudent administration ot our government to keep 
ourselves from being engaged in their fatal conflicts — Most 
certainly the people of this country will not willingly join in 
the ruinous contests which now desolate Europes, and subject 
themselves to the heavy burdens, the privations, and dangers ne- 
cessarily connected with such a war, merely to indulge the 
chivalrous spirit, or gratify the inveterate resentments of their 
rulers. The rights to be vindicated by War, should be of the 
roost clear and unquestionable nature ; — they should be of vi 
tal importance to the interests of the nation ; all other means 
of redress should have been tried in vain ; and finally the pro- 
secution of the War should furnish at least a strong probabi- 
lity that the injuries complained of will be amply redressed, 
and that the rights contended for will be actually secured. 

In reviewing the controversy now subsisting between ourg^o- 
vernmcnt and that of Great Britain, we can perceive no point 
of great national importance which might not be satisfactorily 
adjusted by honest and manly negociation. But if there should 
still be some conflicting claims which could not be thus recon^ 
ciled, it would not tarnish the glory of the nation, nor the ho- 
nor of our rulers, if they should pause, and inquire whether 
the persons most immediately interested in these claims, would 
be benefited by plunging the country into a war. Although 
Great-Britain, while impressing her own subjects for the ser- 
vice of their country, may sometimes, in consequence of mis- 
takes or of a wanton abuse of power by the officers of her na- 
vy, seize on the persons of our citizens ; yet a true regard to 
the interests of our seamen would induce us to consider, whe- 
ther their rights might not be better secured by a pacific ar- 
rangement, than by resorting to war, which would expose them 
to similar and much greater evils, if indeed anv foreign na. 
tion should claim the right to force our citizens into their ser- 
vice, our honor would forbid any compromise of such an in- 
sulting and injurious pretension. But whilst wc have to com- 
plain only of an inconvenient and injurious mode of exercising 
an acknowledged right, we are at liberty to inquire whether the 
injuries we suffer would not be overbalanced by those which 
would follow the attempt to redress them by force. In like 
manner, if the measures of n:utual hoslility between the two 
brlligerents are found to be injiMious to our commercial ia- 
4 



2(5 ANSWER OF THE HOUSE. 

terests,the nicest sense of honor will not forbid our enquiring^^ 
how far a war with either of them would procure us redress. 
We should Compare the extent and value of that commerce 
which we may still enjoy, when permitted by our own govern- 
ment^ with that total extinction of it, which would follow a 
war with Great-Britcin. As there is nothing in the preten- 
sions of Great- Britain on this subject so incompatible with the 
honor of our country, as to justify our engaging in a ruinous 
war, so it is equally evident that the interests of the commerci- 
al States in the Union would not be promoted by such a mea- 
sure. 

The House of Representatives cannot be deterred from ex- 
pressing freely their opinions on the justi(fe and expediency of 
the impending war, by any' apprehension of being considered 
indifferent to the interests of their country. Even during the 
existenoe of war, they will always claim for themselves, and for 
all their fellow-citizens, a right to discuss openly and frankly 
the propriety of the measure, and the conduct of the adminis- 
tration by whom it was produced. When, from the result of 
such enquiries, a majority of the people should be satisGed of 
the injustice or impolicy of any war, in which they may be in- 
volved, they will remove from office the authors of the mea- 
sure, and place in their stead men who are better informed of 
the true interests of their country, or more friendly to its peace 
and prosperity. 

We are aware, that the examination of questions so inter- 
esting to every citizen is calculated to excite the warmest pas- 
sions,and hasa tendency to produce irritation in the public mind; 
but we shall endeavor on all occasions to practise that gentle- 
ness of manners, and that candor, benevolence and condescen- 
sion, so strongly inculcated by the precepts of our holy reli- 
gon ; and'Vvhich also claim our observance not less from the ex- 
ample, than the recommendation of your Excellency. 



ANSWER OP THE SENATE. 



May it please your Excellency, 

Impressed with a deep sense of ihe responsibility devolved 
on us^as one of the branches of the Legislature of this Common-^ 
wealth, the Senate have received the communication of your 
Excellency, with the respect due to the Chief Magistrate of 
an enlightened people. 

We concur with ^our Excellency, that difference of opin- 
ion, merely in matters of speculation, will ne\er be considered 
a disqualiBcation for office, or dangerous to the principles of 
our elective Government. 

Should the spirit of party, however, at any time, beconse 
predominent over the intelligence and patriotism of the peo- 
ple, should its baneful influence invite foreign aggressions and 
promote domestic discontent, in whatever class of our citizens 
it may become manifest, from such, we trust, public confi- 
dence will be drawn. '"Such injuries will become more op- 
pressive and the provocations more aggravated, the oftener 
they happen, and if persisted in, must eventually terminate in 
ruin." 

We lament with your Excellency, the subversion of the Re- 
publics of Europe, that they have passed away in quick sue- 
cession, and are no longer known on the list of Nations. — 
Ought this not to be a warning to the American people,? It 
surely calls on men of all political opinions, in language not to 
be mistaken, to unite in defence of our common country ; to 
aid the National Government in their undeviating exertions 
for the protection of those rights, and the preservation of 
those principles, which are notless dear and valuable for being 
proscribed by lawless power. 



28 ANSWER OF THE SENxiTE. 

The Senate agree with your Excellencj that '' it is among 
the distinguishing; favours of Providence, that our territory is 
sufficiently extensive either for security or convenience/' and 
" remote from" the theatre of the " fatal and extensive wars 
of Europe," Injuries were to be expected '*^ from each" of 
the belligerents ; but we are satisfied that we ought not to a- 
bandon the protection of our commerce, or submit to the im- 
pressment of our seamen, through fear of the consequences 
of a war, which we deem ''just and necessary, and in self-de- 
fence." Nor do we apprehend that in such a contest, " our 
security would be diminished" by " violence of party." In a 
war so just, for aggressions so aggravated^ and after a for- 
bearance so unprecedented, -we can have no doubt but '' the vi- 
olence of party" would be absorbed in patriotism, and the peo- 
ple of all parties, would tender their lives and fortunes to pro- 
tect and defend the righ<s and liberties of their injured coun- 
try. We love peace and we deprecate war — But we apprehend 
that a peace purchased at the expence of our essential rights, 
would be a reproach to a free people, and tend to extinguish 
that spirit, by which our fathers achieved our glorious revolu- 
tion. And inasmuch, as the subject of peace and war, is pro- 
perly intrusted to the Congress of the United States, in whose 
wisdom and patriotism we ha\e full confidence, the Senate of 
this Commonwealth, and we doubt not all the other branches 
of this Government, and the people of this State, will most 
cordially and zealously support such measures as the crisis de- 
mands, and such as are consistent with the honor, the interest 
and the safety of the Nation. We cordially agree with your 
Excellency, that protection and obedience are reciprocal, and 
that " freemen will not long endure" unequal regulations, nor 
submit to laws which do not originate in those '' principles of 
equity and justice which are the foundation of society." We 
regret that in this Republic, '^appointments should ever have 
been made for selfish or party purposes." And we fear such 
a course of policy may have induced the creating of "vacan- 
cies, to restore to tlieir operation " the rules of equal justice." 
We sincerely hope that the Executive of this state will " em- 
ploy their authority for the common benefit," and, that no 
" vacancies or appointments" will be made "for selfish or 
party purposes." We agree with your Excellency that it is the 
duty of the Government as well in their private as public ca- 
capacity, to endeavor to check the prevalence of party spirit, 
and we hope that their example and a course of impartial 



ANSWER OF THE SENATE. S9 

conduct, will produce this desirable object, and prove to the 
people, that the attention of the Government is employed for 
the benefit of the whole community and not for any particu- 
lar party. We are also sensible that our " influence and ex- 
ample,*' are at this time particularly necessary, to assuage the 
heat and check the violence of party spirit, and to unite the 
people in defence of those rights, which have been so wan- 
tonly trampled on by the belligerents, and which are still the 
sport of our implacable foes. 

By such a course, in which we have no doubt of the co-op- 
eration of your Excellency, we shall encourage our friends 
and disappoint our enemies, increase the confidence and zeal 
of our sister states, strengthen and confirm tlie bond of U- 
nion, and convince the world, that no foreign enemy can ex- 
pect to profit from our political dissensions. With these im- 
pressions and opinions, we shall proceed in the duties devolved 
on us, by the public will, encouraged by your Excellency's 
'' hope, that candour, benevolence and condescension," will 
mark our intercourse with each other, and with a full confi- 
dence, that our joint efforts will be united, in whatever mea- 
sures may be thought necessary for the improvement and exe- 
cution of the laws, as well as for the defence of our beloved 
country. 

The greater confidence is reposed in this opinion, from a 
belief that we shall be governed by the temper of that holy re- 
ligion, in which all good men profess their '* belief;" and we 
trust that we shall find additional inducements to practice 
and inculcate that charity ''^ which thinketh no evil," and 
'''which seeketh not her own but another's good." 



RESOLVES. 

June, 1812. 

CHAP. I. 

Resolve respecting the pay of the Members of the Legislature, 

4th June, 1812. 

Resolved, That there be allowed and paid out of the Treasury 
of this Commonwealth, to each Member of the Council, Senate 
and House of Representatives, two dollars per day, for each and 
every day's attendance the present session, and the like sum for 
every ten miles travel from their respective places of abode, to 
the place of the sitting of the General Court. 

And be it further resolved, That there be paid to the Presi- 
dent of the Senate and to the Speaker of the House of Repre- 
sentatives each, two dollars per day for each and every day's at- 
tendance, over and above their pay as Members. 

CHAP. II. 

Resolve allowing an additional Notary Public for Bristol County, 

5th June, 1812. 

Resolved, That there be one additional Notary Public for the 
County of Bristol, to reside at Dartmouth. 



NOTARIES PUBLIC— J««e 5, 1812. ' m 

CUAP. IIL 

Resolve respecting Notaries Public for the County of Lincoln. 

5th June, 1812. 

Resolved^ That there be an additional Notary Public, chosen 
for the County of Lincoln to reside in Bristol, and that there be 
only one Notary Pubhc chosen to reside in Bath in said County. 

CHAP. IV. 

Resolve allowing an additional Notary Public for the County of 
Cumberland, 5th June, 1812. 

Resolved, That there be an additional Notary Public for the 
County of Cumberland, to reside at Portland. 



CHAP. V. 

Resolve on the subject of Notaries Public in the County of 
Franklin. 5th June, 1812. 

Resolved, That two Notaries Public be appointed for the 
County of Franklin, one to reside in the town of Greenfield, and 
one in the town of Deerfield in said County. 



CHAP. VI. 

Resolve confirming Town Meetings in Russell. 
6th June, 1812. 

On the petition of the Inhabitants of the town of Russell, hi 
the County of Hampshire, stating that at the annual meeting of 
the inhabitants of said town in March, A. D. 1812, they having 
forgotten to choose a Moderator by ballot, proceeded to choose 
one by nomination ; and praying that the doings of said town, 
at said meeting, and subsequent thereto, may be rendered valid 
in the same manner as if the Moderator had been chosen by 
ballot according to law. 

Resolved, That the several town meetings held in said 
town of Russell as aforesaid, be and they are hereby confirmed, 



32 TAX FOR COUNTY" CUM.^JmeG, 1812 . 

and rendered valid to all intents and purposes, so far as the do- 
ings of the same were in other respects done according to law, 
the choosing of said Moderator in manner aforesaid notwith- 
standing. 



CHAP. VII. 

Resolve granting a Tax to the County of Cumberland. 
ethJmie, 1812. 

On the representation of the Committee on County estimates; 
stating that the estimate for the County tax for the County of 
Cumberland is not accompanied with the Treasurer's account 
of said County, and as great inconveniences may arise if no tax 
is authorised for said County the present year — 

Resolved^ That the estimate made by the Court of Ses- 
sions for the County of Cumberland, at the September term, 
eighteen hundred and eleven, amounting to six thousand dollars, 
be and is hereby granted as a tax for the said County of Cum- 
berland, for the present year, to be apportioned, assessed, paid, 
collected and applied for the purposes aforesaid according to law. 

And it is further resolved, That the Treasurer of the said 
County of Cumberland, be and he is hereby required and di- 
rected to produce his account as Treasurer, at the next session 
of the present General Court. 



CHAP. vm. 

Resolve for a Notary Public to reside at Braintree. 
6th June, 1812. 

Resolved, That there be chosen for the County of Norfolk, 
a Notary Public to reside in the town of Weymouth or Brain- 
tree. 



CHAP. IX. 

Resolve confirming the doings of the toxvn of Sumner. 
6th June, 1812. 

On the petition of the Inhabitants of the town of Sumner, in 
the County of Oxford, setting forth that the warning of the first 



GRANT TO J. RVGGJ.ES-Jane C, 1812. 35 

tneeting of the town, after their act of incorporation, was defec- 
tive ; that from the incorporation of said to\vn, the certificates of 
the oaths of their town officers have not been recorded at Icnpth, 
as by law they should have been, that in the. year of our Lord 
one thousand eight hundred and two, said town duly made 
choice of Elisha Bisbee, Hezekiah Stetson, and James Hearsey, 
Selectmen and Assessors ; but that their choice as assessors 
was not recorded, although they were sworn, and performed the 
duties of assessors for said year, and pra5nng that the do- 
ings and proceedings of said town in the premises may be con- 
firmed and rendered valid. 

Resolved, For reasons set forth in said petition, that the doings 
and proceedings of the first meeting in said town be as valid 
and effectual as if said warning had been legal ; and that the do- 
ings and proceedings of the town clerk, assessors and other town 
officers, be as valid and effectual as if the evidence or certificates 
of their being duly sworn had been duly preserved or recorded ; 
And that the assessments and proceedings of said Eiisha Bisbee, 
Hezekiati Stetson and James Hearsey be as valid and effectual as 
if their choice and qualifications had been regularly and legally 
entered on the records of said tov/n. 



CHAP. X. 

Resolve granting Jacob Ruggles S90. 6th June, 1812. 

On the petition of Jacob Ruggles of Wrentham, a Soldier in 
the Company of Artillery commanded by Captain Tilson, which 
company is annexed to the third regiment, second brigade and 
first division of Militia, under the command of General Crane,- 
praying compensation for an injury received while performing 
his duty on the third day of October last. 

Resolved, That for the reasons set forth in his petition, 
there be allowed and paid out of the Treasury of this Common- 
wealth to the said Jacob Ruggles, the sum of Ninety Dollars, in 
full compensation for his losses occasioned by said injury. 

CHAP. XI. 

Resolve on the Petition of Benjamin Sttidley, authorising Ruth 
Washburn to convey a Few. 8th June, 1812. 

Whereas Benjamin Studley, did in th^ year of our Lord, 
seventeen hundred and ninety six, purchase of Joseph Wash- 



3^ ON PETITION OF W. PAINE— Jz/we 10, 1812. 

burn, the third Pew east of the Pulpit, in the Congregational 
M eting-house in Leicester, in the County of Worcester, and 
did pay the said Washburn, the full consideration of said pur- 
chase ; and whereas the said Washburn has since deceased, 
wirhcut making any deed of conveyance of said pew, or any 
bond under seal to the said Studley ; Therefore, 

Resolved, That Ruth Washburn, administratrix on the es- 
tate of the said deceased, be and she hereby is authorivsed to exe- 
cute and acknowledge a deed of said pew to the said Studley, 
his heirs and assigns, in as full and as ample a manner as the 
said Joseph Washburn could have done in his life time ; and 
the said deed so executed and acknowledged, may be delivei'ed 
by said Ruth, and shall be as. valid and effectual in law as if the 
same had been executed by the said Joseph Washburn in his 
life time. 



CHAP. XII. 

Resolve on the Petition of Wiliia?n Paine, of Worcester^ in the County 
of Worcester^ Physician, praying for the consent of the Legislature 
of this Commonwealth, to his being naturalized as a Citizen of 
the United States. 1 0th June , 1812. 

Be it Resolved, By the Senate and House of Representatives of 
the Commonwealth of Massachusetts, in General Court assem- 
bled, and by the authority of the same, that whenever the said 
William Paine, shall bring himself within the provisions of the 
several statutes of the United States, which establish a uniform 
rule of naturalization, and shall make due application to any 
Court of Record to be admitted a Citizen of the same, the 
Legislature of this Commonwealth doth hereby consent thereto. 



CHAP. XIII. 

Resolve authorisifig Stephen and Lucy Lamson to sell certain Estate. 

1 0th June, 1812. 

Whereas Ephraim Kendall of Ipswich, in the County of Es- 
sex, did, in his last Will and Testament, devise to his daughter 
Lucy (now wife of Stephen I^amson aforesaid) Real Estate to the 
value of about fifteen hundred dollars, particularly described- 



PET. SELECTMEN OF CARVER— June 10, 1812. 35 

in the said deceased's last will and testament, and the divisions 
of the said deceased'> estate, with remainder to the Children of 
the said Lucy : And whereas said Estate in its present situation 
is of little income : Therefore, 

Resolved, That the said Siephen and Lucy, be and they here- 
by are authorised to sell said Estate, the said Stephen first giv- 
ing bond with surety or sureties to the satisfaction of the Judge 
of Probate for the County of Essex, to vest the proceeds of 
such sale in other real estate to be secured to the Childreh of 
the said Lucy at her decease ; and the said Stephen and Lucy 
are hereby authorised to execute and deliver a good and suf- 
ficient deed of the premises upon the conditions aforesaid, and 
their deed so executed and delivered, shall be as good and valid 
in law to transfer said Estate, a.s if theeame had been devised to 
the said Lucy in fee. 



CHAP. XIV. 

Resolve on the Petition of the Selectmen of the town of Carver, 
10th June, 1812. 

Resolved, That the Selectmen of the town of Carver, in the 
County of Plymouth, be and they are hereby authorised to sell 
so much of one hundred acres of Land, lying in the said 
town, belonging to Luana Seepet, an Indian woman, as in the 
discretion of the said Selectmen, may be sufficient for her com- 
fortable support ; first giving security to the acceptance of 
the Judge of Probate for the County of Plymouth, for the faith- 
ful application and use of the monies accruing from the sale of 
said Land, and to and for the sole and exclusive use and benefit 
of the said Luana Seepet. 



CHAP. XV. 

Resolve on the Petition of Natha?iiel Ingersoll, and others, 
11th June, 1812. 

On the Petition of Nathaniel IngersoU and others, the Pro- 
prietors of the Half Township of Land conveyed to the Trus- 
tees of Deerfield Academy, by a Deed from the Agents for the 
sale of Eastern lands, dated September 20th, A, D. 1806. 



SQ PET. T. CilASE S,- S. FES^NDEN—Jime 11, 1812. 



Resolved, For reasons set forth in said Petition, that a further 
time of three years from the 20th day of September nextjbe, and 
hereby is allowed to the said Nathaniel Ingersoll and others, 
their heirs and assigns, to complete the settlement of ten fami- 
lies on the Half Township of Land granted the Trustees of Deer- 
lield Academy. 

Provided, the said Nathaniel Ingersoll and others, their heirs 
or assigns, shall, on or before the first day of February next, 
give bond to the Treasurer of this Commonwealth, in the sun^ 
of six hundred dollars, with sufficient surety or sureties to the 
satisfaction of the Agents for the sale of Eastern lands, condi- 
tioned that there shall be settled on said grant the number of 
ten families within the time extended aforesaid, or for the pay- 
ment of thirty dollars for each family which shall then be de- 
ficient of that number, upon satisfaction of which bond given as 
aforesaid, either by causing the said number of families to be set- 
tled on said grant within the time aforesaid, or by paying the said 
sum of thirty dollars for each family which shall then be defi- 
cient, then the estate, right and title of the said Nathaniel Inger- 
soll and others, their heirs and assigns, shall be vaHd, full and 
effectual to all intents and purposes as if the condition of set- 
tlement, expressed in the original Deed given of said Half 
Township by the Agents for the sale of Eastern lands, had been 
fully and seasonably complied with. 



CHAP. XVI. 

Resolve on the Petition of Thomas Chase and Samuel Fessenden, 

nth June, 1812. 

On the petition of Thomas Chase, and Samuel Fessenden, 
praying that the Agents for the sale of Eastern Lands may be 
authorised to procure a survey of a Tract of Land belonging to 
the Commonwealth, situated between the towns of Gray and 
Raymond, in the County of Cumberland, and also praying that 
the ?,\\\di Agents may be authorised to sell and convey the same. 

Resolved, That the Agents for the sale of Eastern Lands,.be 
and they are hereby authorised and empowered to ascertain the 
quantity and quality of a certain gore of Land lying between 
the towns of Gray and Raymond, in the County of Cumber- 
land, and to sell the same to the said Chase and Fessenden, or 
any other person or persons, for such sum and on such con-p 



PET. OF BARRETT POTTER— J^me II, 1811. 37 

ditions as they shall think just and reascrable : The said A- 
gents directing the Surveyor to give thirty days notice of the 
time and place appointed, for making the survey, by leaving a 
written notification with the Town Clerk, or Selectmen of each 
of the adjoining towns, and also by publishing the intention of 
such sale three weeks in the Eastern Argus, printed in Port- 
land, at least thirty days prior to the time of such sale. 



CHAP. 5,VII. 

Resolve on the Petition of Barrett Potter. 1 1th June, 1812. 

On the Petition of Barrett Potter, the Proprietor of Half 
Township of Land, conveyed to the Trustees of Westfield A- 
cademy, by Deed from the Agents for the sale of Eastern lands, 
dated September 20th, A. D. 1806. 

Resolved., For reasons set forth in said Petition, that a further 
time of three years from the twentieth day of September next, 
be and hereby is a) levied to the said Barrett Potter, his heirs 
and assigns, to complete the settlement of ten families on the 
Half Township of Land granted the Trustees of Westfield A- 
cademy. 

Provided^ the said Barrett Potter, his heirs or assigns, shall 
on or before the first day of February next, give bond to the 
Treasurer of this Commonwealth, in the sum of six hundred 
dollars, with sufficient surety or sureties to the satisfaction of 
the Agents for the sale of Eastern lands, conditioned that there 
shall be settled on said grant the number of ten families within 
the time extended as aforesaid, or for the payment of thirty 
dollars for each family which shall then be deficient of that 
number; upon satisfaction of which bond given pursuant to 
this resolve, either by causing the said number of families to be 
settled on said grant within the time aforesaid or by paying the 
said sum of thirty dollars for each family which shall then be 
deficient ; then the estate, right and title of the said Barrett 
Potter, his heirs and assigns, shall be valid, full and effectual to 
all intents and purposes, as if the conditions of settlement ex- 
pressed in the original Deed given of said Half Township, 
by the Agents for the sale of Eastern lands, had been fullv and 
peasonabl V comDlied with . 



5S PET. S. I^IACKAY & S. M. mACKXY— June U, 1812. 

CHAP. XVIII. 

Resolve on ihe Petition of Samuel Mackay and Samuel M, Mackay, 

nth June, 1812. 

Whereas by the Petition of Samuel Mackay of Boston, and 
Samuel M. Mackay, a minor, son of said Samuel Mackay, it 
appears that two several parcels of land in Williamstown, 
were conveyed to said Samuel Mackay and Samuel M. Mackay, 
and by the deeds conveying the same, a life esitate in said lands 
was vested in said Samuel Mackay, and the remainder was vest- 
ed in said Samuel M. Mackay, and in the opinion of the Petition- 
ers, and of the friends of the said Samuel M. Mackay, who is 
now in the twentieth year of his age, and in the study of a pro- 
fession, It would be highly advantageous to the Petitioners to 
hold their shares of said estates in severalty, and it being made 
to appear that the remainder held by said Samuel M. Mackay 
in the one of said parcels of land, which was purchased of Sam- 
uel Sloan, in manner as aforesaid, is no more than a fair and 
just equivalent for said Samuel Mackay's life estate in the parcel 
of said land, which was purchased of Lemuel Stuart, in manner 
as aforesaid. Therefore, 

Rewlved, That the said Samuel M. Mackay be authorised 
by Deed, to release to said Samuel Mackay, his remainder of a 
lot of land inWilliamstown, purchased by said Samuel and !Sam- 
uel M. of Samuel Sloan. 

Provided, xhc said Samuel Mackay, shall in consideration 
thereof release to said Samuel M. Mackay, his life estate in a lot 
of land inWilliamstown, purchased by said Samuel and Samuel 
M. of Lemuel Stuart, and the Deed of said Samuel M. Mackay, 
releasing his said remainder, on the condition and for the con- 
sideration aforesaid, shall be valid and legal to all intents and 
purposes, and convey the same as fully as if the said Samuel M^ 
Tilackay were now of full age. 



CHx^P. XIX. 

Resolve granting a Tax to ihe Comity cf Dukes County. 
11th June, 1812. 

Whereas ihc Treasurer of Dukes Ccunty has laid his ac- 
counts before the Legislature for examination, which accounts 



PET. OF A\RO>^ WAIT— June 11, 1S12. 39 

have been examined and allowed — And whereas the Clerk of 
the Court of Sessions for said County, has exhibited an estimate 
made by the said Court of the necessary charges which may arise 
within the said County for the year ensuing, and of the sums 
necessary to discharge the debt of the said County. 

Resolved^ That the sum of nine hundred dollars be and 
the same is hereby granted as a Tax for the said County, to be 
apportioned, assessed, paid, collected and applied for the pur- 
poses aforesaid according to law. 



CHAR XX. 

Orithei Pethion of Aaron Wait ^ praying for a Jiew State Note, in 
lieu of one lost. 1 1th June, 1812. 

Resolved, That the Treasurer of this Commonwealth be, 
and he is hereby directed to issue a new State Note for one 
hundred md sixty- nine dollars and ninety-two cents, bearing 
the same number and date, and upon the same rate of interest, 
and to indorse thereon such interest as has been paid on the 
note stated to be lost, the said Aaron first giving bond to the 
satisfaction of the Treasurer, conditioned to save the Common- 
wealth harmless from all demands, for or on account of the 
note stated to be lost as aforesaid. 



CHAP. XXI. 

Resolve on the Petition of John Davis, and others* 
nth June, 1812. 

Resolved, That John Davis, Ephralm Spooner, and Joshua 
Thomas, Esq*rs, Overseers of the Indian Plantation of Mansh- 
pee, in the County of Barnstable, be, and they hereby are au- 
thorised and empowered to make and execute a good and suf- 
ficient deed in fee simple to the Reverend Phineas Fish, (duly 
ordained Missionary over said plantation) of a piece of land si- 
tuate therein, not exceeding one acre and a half, for the pur- 
pose of erecting a dwelling-house and other buildings for the 
accommodation of said Missionary. 



40 TAX FOR OXFORD & PLYM.— Jw«e 11, 181^. 

CHAP. XXII. 

Resolve for granting a Tax for the Counties of Oxford and Ply^ 
inouth. 11th June, 1812. 

On the representation of the Committee on County Esti- 
mates, stating that the estimates for the County Taxes for the 
Counties of Plymouth and Oxford, are not accompanied with 
the Treasurer's accounts for said Counties, and as great incon- 
veniences may arise, if no taxes are authorised for said Coun- 
ties for the present year. 

Resolved, That the estimate made by the Court of Sessions^ 
for the County of Plymouth, May, 1812, and amounting to four 
thousand five hundred dollars for the present year, be, and is 
hereby granted as a tax for the said County : and that the esti- 
mate made by the Court of Sessions for the County of Oxford, 
March, 1812, amounting to two thousand dollars for the pre- 
sent year, in addition to a like sum of two thousand dollars, 
granted by a resolve of the General Court passed 26th Feb*y. 
1812, and which appears in eviden'ce to the Committee was for 
the expences of the year 1811, be, and is hereby granted as a 
tax for the said County of Oxford, the said several sums to be 
apportioned, assessed, paid, colleQed, and apphed for the pur- 
poses aforesaid, according to law. 

And he it further Resolved, That the Treasurers of the said 
Counties, respectively be, and they are hereby required and di- 
rected to produce their accounts as Treasurers of ihe Counties 
aforesaid respectively at the next Sessions of the present Gene- 
ral Court. 



CHAP. XXIII. 

Resolve on the Petition of Nahu?n Morrell, Esq. granting hitnpay 
as Representative from Wells last luinter, 1 2th J^ine, 1812. 

Resolved, That there be allowed and paid out of the Trea- 
sury o! this Commonv/ealth to Nahum Morrell, Esq. of Wells, 
forty four dollars in full for his travel and attendance as a 
Representative to the General Court the last winter session. 



PETITION OF S. W. PHELPS— Jwwe 12, 1812. 41 

The folio-wing Message was received from the Governor:, on 
the subject of the State Prison* 

Centlemen of the Senate, aud 

GeatlemeiT of the House of Representatives, 

I have directed the Secretary to lay before you a letter to 
the Governor and Council, from the Directors of the State 
Prison, and an account exhibited by the Warden of the Pri- 
son, which has been examined and approved by the Directors, 
of all the expenditures and disbursements,, and of all the re- 
ceipts and profits on account of said Prison, and a statement 
of its general concerns. 

CALEB STRONG. 

Council Chamber, JunelWiy 1812. 



CHAP. XXIV. 

Resolve on the Petition of Samuel W. Phelps, 
12th June, 1812. 

Resolved, That in consequence of the local situation and 
the peculiar organization of the Battalion of Artillery in 
Marblehead, that the Major Commandant of said Battalioi^ 
have the same power and privilege to appoint a Surgeon for 
said Battalion of Artillery that is now provided by law, for 
the appointment of Surgeons to the several Regiments in this 
Commonwealth. 



CHAP. XXV. 

Resolve on the Petition of Thomas L. JVinthrop, Guardian to 
James B. Winthrop, a minor, empowering him to convey 
and sdl Lands. 13th June, 1812. 

On the Petition of Thomas L. Winthrop, Esq. of Boston, 
Guardian of James Bowdoin Winthrop, a minor. 

Resolved, For reasons set forth in said Petition, that the said 
Thomas L. Winthrop, be, and he hereby is authorised and em- 
powered to divide, manage, lease and improve, and also to sell 
and convey, and for that purpose to make, and execute deeds 



42 GRANT TO W. S. LEADBETTER— JT^we 13, 181'3. 

of conveyance of all or any part of certain residuary estates and 
lands given and devised by the last will of the late Hon. 
James Bowdoin, deceased ; and also certain other lands, con- 
veyed by deed, by the said Bowdoin in his lifetime, unto the 
said James Bowdoin Winthrop ; such deed or deeds, so made 
and executed by the said Guardian, to be valid in law, and 
pass the title of such lands, in as effectual a manner as any 
such deed made and executed by the said Minor would do;, 
were he of full age. 



CHAP. XXVI. 

Resolve granting S47 50, to William S. Leadbetter,for trans- 
porting a Convict to the State Prison, ISth June, 1812. 

On the Petition of William S. Leadbetter, of Richmond, in 
the County of Berkshire^ praving for an allowance for trans- 
porting Cato Freeman, from the Gaol in Lenox, in the Coun- 
ty of Beiksh ire, to the State's Prison, in Charlestown. 

liesolvid. For reasons set forth in said Petition, that there 
be paid out of the Treasury of this Commonwealth, to the 
said William S. Leadbetter, the sum of forty seven dollars and 
fifty cents, in full for the service aforesaid; and his Excellen- 
cy the Governor, with the advice of Council, is hereby author- 
ised to draw his warrant on the Treasurer for said sum. 



CHAP. xxvn. 



Resolve est aUishing the Pay of the Clerks in the Secretary's 
andTteasurer's Offices. 13th June, 1812. 

Resolved, That there be allosvedand paid out of the Trea- 
sury of this Commonwealth, to the first Clerk in the Secretary's 
Ofliice, four dollars and forty seven cents per day, and to each 
of the other Clerks in said office, three dollars and forty nine 
Cents per day, for each day that they are respectively employ- 
ed therein for one jear, commencing the first day of the pre- 
sent month of June. 

And it IS further resolved, That there be allowed and paid 
out of the Treasury aforesaid, to the first Clerk in the Trea- 
sury's Office, four dollars and fort) seven cents,and to the other 



PETITION OF J. FALES— Jwwc 15, 1812. , 43 

Clerks in said office, ibree dollars and eighty four cents, for 
each day they are respectively employed therein, for one }ear, 
commencing the first day of the present month of June. 



CHAP. XXVIIL 

Resolve on the Petition of James Fale.s, antlwrising him to sell 
Estate. 13th June, 1812. 

On the Petition of James Fales, 

Resolved, For reasons set forth in the said petition, that 
Lebbrus Rudd, of Charlemont, Administrator on the estate of 
Jeremiah Fales, late of said Charlemont, deceased, be, and he 
hereby is authorised and empowered to make sale at public 
vendue to the highest bidder, of the whole of the Farm men- 
tioned and described in said Petition, lying and being in the 
town of Charlemont, and bounded as follows, viz. : North on 
Deerfield liiver ; east on land of James Hawks ; south on the 
south line of said town of Charlemont ; and west on land of 
Thomas and John Sheppard, and to convey the same by deed 
duly executed, to the purchaser, his heirs and assigns, and the 
said Administrators shall be holden to account to the Judge 
of Probate for the Countv of Hampshire, for so much of the 
proceeds of the sale of said Farm as was due and owing from 
the said James Fales to the said Jeremiah ^ales at the time 
of his decease, with the lawful interest due thereon, in the 
same way in which he would beholden to account for person- 
al estate of said deceased, and the remainder of the proceeds 
of the sale of said Farm, if any, the said Administrator is here- 
by authorised, and shall be holden to pay over to the said 
James Fales. 



CHAP. XXIX. 

Resolve on the Petition of Samuel Freeman and Parker Ihleyy 
conjirming the Probate of a Will. 16th June, 1812. 

Upon the Petition of Samuel Freeman and Parker llslcy, jr. 
shewing, that they were appointed Executors to the last \\ ill 
and Testament of Enoch Ilsley of Portland, in the County ot 
Cumberland, merchant, deceased, and that said Freeman be- 



44 PET. S. FREEMAN S^^ P. ILSLEY— Jw«e 16, 1812. 

ing Judge of the Court of Probate in tliat County, and inter-- 
ested in tlie Will, application was made by them to the Su- 
preme Judicial Court, to approve and allow the same, which 
was accordingly allowed and approved by said Court, at a 
term thereof begun and holden at Boston, on the fourth Tues- 
day of November last past, under and by force of a law of 
this Commonwealth, made and passed the twelfth day of 
March, A. D. 1784, entitled " an act for establishing Courts 
of rrobate ;" which the said Petitioners supposed was the 
only act in force touching their case, and under that impres- 
sion and belief, and agreeably to the order of the said Su- 
preme Judicial Court, they proceeded to give bond and return 
an Inventory, and do such other acts and things as their duty 
as Kxecutors required, until the thirtieth day of May last, 
when and not before, they discovered a law of this Common- 
wealth, made and passed the sixteenth day of February, A. D. 
1811, entitled an •' act for the settlement of estates of persons 
deceased, wherein Judges of Probate may be interested," and 
that agreeably to the provisions therein contained, they ought 
to have presented the said Will to the Judge of Probrate in the 
County of York, and praying this Honorable Court to con- 
firm the Probate of said Will and the acts and doings of said 
Supreme Judicial Court and Executors as afore said, and to au- 
thorise them to complete the execution of their trust in such 
manner as the Legislature shall direct. 

Resolved, That the Probate of said Will, and all and every 
act, matter and thing touching the same, done by the said 
Supreme Judicial Court, and by the Executors aforesaid, in 
the execution of their said trust, shall be, and hereby are con- 
firmed and made valid and effectual in law, to all intents and 
purposes whatever, any thing in the act made and passed the 
16th day of February, A. D. 1811, or in any other act or law 
to the contrary notwithstanding ; and the Executors afore- 
said are hereby authorised and empowered to proceed in 
the further execution of their trust, and in the settlement of 
said estate in the Supreme Judicial Court, in the same way and 
manner as they could and might have done, if the act last 
mentioned were not in force. 



PET. R. PAGE & E. LONGFELLOW— J«»e 16, 1812. 45 



CHAP. XXX. 

Resolve authorising Robert Page and Eunice Longfellow to 

institute a Suit on the Bond of John North. 

16lh June, 1812. 

On the Petition of Robert Page and Eunice Longfellow, 
Administrators on the estate of Jonathan Longfellow, late of 
Gardiner, in the County of Kennebeck, deceased, praying 
that they may be authorised to institute a Suit on the Bond of 
John North, a Coroner in said County ^^ and against his sure- 
ties for his good conduct as a Coroner of said County, 

Resolved, For the reasons set forth in said Petition, that 
the said Robert Page and Eunice Longfellow, as Administra- 
tors aforesaid, be, and are hereby authorised to institute a Suit 
on the said Bond, and against the sureties of the said John 
North, for his good conduct as Coroner aforesaid, in the 
name of the Treasurer of this Commonwealth, for the use and 
benefit of the said Robert and Eunice, in their said capacity 
as Administrators aforesaid, and at their own proper expense 
and charge, 



CHAP. XXXI. 



Resolve on the Petition of Cyrus Hamlin, directing the Trea- 
surer to stay execution against the Bondsmen of David 
Learned, late Sheriff of Oxford County, 1 6th June, 1812. 

Resolved, That a further extension of time be allowed Cy- 
rus Hamlin, Isaac Lovewell and Joseph Leavett, Sureties for 
David Learned, an absconding Sheriff of the County of Ox- 
ford, and that the Treasurer of this Commonwealth be direc- 
ted to stay execution for three hundred and twenty four dol- 
lars and interest, until the second Wednesday of the winter 
sessions of this General Court. 



46 PET. T. WHEELER & T. M. HARRIS— J««e 16, 181S. 

CHAP. XXXIf. 

Resolve on the Petition of Theophiliis Wheeler, and Thaddeus 
JMasuji Harris, Administrators of the Estate of Elijah 
Dix, 16th June, 1812. 

On the Petition of Theoj3hilus Wheeler and Thaddeus 
Mason Harris, Administrators on the goods, effects and estate 
which were of Elijah Dix, late of Boston, in the Count} of 
Suffolk, deceased, praying- that they, in their said capacity, 
miy be allowed further time to exhibit their demands a- 
gainst the estate of Alexander Dix, late of said Boston, de- 
ceased, and that the Judge of Probate for the County of Suf- 
folk, be empowered to extend the time when the Commission- 
ers on said Alexander Dix's Estate are by law required to 
make their return, so that said Administrators may have fur- 
ther time to exhibit their claims against the estate of the said 
Alexander, deceased, 

Rexolved, That the Judge of Probate for the County of 
Suflblk, be, and he hereby is authorised and empowered to ex- 
tend the time when the Commissioners appointed on the estate 
of Alexander Dix, of Boston, in said County, merchant, de- 
ceased, are by law required, to make return of their commis- 
sion, or if need be to grant and issue a new commission on 
said estate, allowing to said Commissioners first mentioned, 
or to such as he may appoint, pursuant to the authority here- 
in granted, such further time to make their return, not ex- 
ceeding twelve months, as he shall judge expedient from time 
to time, and in the mean time to receive and examine the 
claims of all those who have not proved their claims against 
the said Alexander's estate ; and that the Creditors who shall 
hereafter prove their claims under the former or any commis- 
sion that may be granted by virtue hereof, shall and may be 
entitled <o receive from the Administrators, on said Alexander 
Dix's estate, and from the monies that now are or may hereaf- 
ter be in their hands, or may be collected from said estafe, so 
much and as large dividends or dividend in respect thereof, 
as shall be finally allowed to any other Creditor or Creditors 
of said estate, w ho have heretofore proved their claims under 
the said commission. 



GRANT TO ADJ. GEN. DONJSISON—Jwwe 16, 1812. 47 

CHAP. XXXlIf. 

Resolve granting Adjutaut General Donnison S750, in full lo 
\st Julijiifixt. 16th June, 1812. 

Resolved, That there beallowed and paid out of the Trea- 
siirv of this Commoawea'th, to William Doiuiison, Esq. the 
sum ofseven hundred and fifty d )llars in full compensation for 
his services as Adiutant General, aod for office rent and clerk 
hire in his said office to the first day of July next. 



CHAP. XXXIV. 

Resolve granting Si 53, to John Davis, Esq. one of the Cofnmiitee 
for laying out a road from Penobscot River to the North bound- 
ary of the State. 1 6th June, 1 S 1 2. 

On the Petitition of John Davis, representing that a mistake 
of one hundred and fifty three dollars was made in the settle- 
ment of his account as one of the Committee for laying out and 
exploring a road from the tide waters of Penobscot river, to 
the North boundary Une of this Commonvvealth. Therefore 

Resolved, That whereas the Committee of both houses, to 
whom was referred the Petition aforesaid, having on examina- 
tion of the accounts in the Secretary's Office, found that the 
sum of one hundred and fifty three dollars was twice deducted, 
and that the said John Davis received, as by resolve passed the 
18th Eebruary, 1812, two hundred and thirty six dollars and 
ninety five cents, instead of three hundred and eighty nine dol- 
lars and ninety five cents, his Excellency the Governor, with 
advice and consent of Council, is requested to draw his warrant 
on the Treasurer in favor of said John Davis, for the am.ount of 
one hundred and fifty three dollars, the balance that appears 
to be due him. 



CHAP. XXXV. 

Resolve establishing the Salaries of the Lieutenant Governor, Se- 
cretary and Treasurer of the Commonwealth. 1 6th June, 1812. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, to his lionor the Lieutenant Gov- 



48 ACCOUNTS OF J. L. AVSTlN-^June 17j 1812. 

ernor thereof, the sum of five hundred and thirty three dollars 
and thirty three cents, as and for his salary for one year 
from the thirty first day of May last past. 

Also to Alden Bradford, Esq Secretary of this Common- 
wealth, the sum of two thousand dollars, as and tor his salary 
for one year from the 6th day of June, current, he, the said 
Secretary, to be accountable, at the end of said year, for all the 
fees of office he shall have received. 

And likewise to John T. Aplhorp, Esq. Treasurer and Re- 
ceiver General of the said Commonwealth, the sum of two 
thousand dollars, as and for his salary for one year from the 
said sixth day of June current, and that all the aforesaid salaries 
be paid quai'terly as they shall become due. 



CHAP. XXXVI. 

Resolve appointing a Committee to settle the accounts of the Hon, 
Jonathan L. Austin^ late Treasurer* 17th June, 1812. 

Resolved, That the Hon. John Wells, Benjamin Homans, 
Joseph Head, Benjamin Weld and Thomas Harris, Esqs. be 
Commissioners to examine, liquidate, adjust and settle the ac- 
counts of Jonathan L. Austin, Esq. late Treasurer and Re- 
ceiver General of this Commonwealth, from the time of his en- 
tering on the duties of his office to the seventh day of June 
instant, inclusively ; and the said Commissioners are directed 
and empowered to deface all notes and due bills, orders, or oth- 
er obligations issued under the authority of this Commonwealth, 
by any officer thereof, which have been redeemed by the Trea- 
surer, or his predecessors, and to make a regular transfer of the 
books, papers, files, money, security obligations, and all other 
property now in the Treasury, to the present Treasurer, and 
report their proceedings at the next Session of the General 
Court. 



CHAP. XXXVII. 

Resolve granting Silvanus Lapham SI per day, 
17th June, 1812. 

Resolved, That there be allowed and paid out of the public 
Treasury of this Commonwealthj unto Silvanus Lapham, As- 



PEt. AARON DEXTER & E. PREBLE— Jwwe 17, 1812. 49 

sistant Messenger of the General Court, one dollar per day 
during the present session of the Legislature, over and above 
the usual allowance to him. 



CHAP. XXXVIII. 

Resolve on the Petition of Aaron Dexter and Ebenezer Preble^ di- 
recting the Agents for the sale of Eastern Lands, to correct an 
error, in the line of township, granted in aid of a Botanic 
Garden. — 1 7th June, 1812. 

On the Petition of Aaron Dexter and Ebenezer Preble, re- 
presenting that they are Proprietors of a To^ynship of Land, 
granted by a resolve of the Legislature to aid and support a 
Botanic Garden, under the care of the Trustees of the Agricul- 
tural Society, which Township was located and surveyed by 
said Trustees previous to the sale, and by some accident the sur- 
vey began half a mile distant from the previous line of survey, 
authorised by the Committee on Eastern Lands, which made a 
jog or break in the same. 

Resolved, For reasons set forth in said Petition, that the A- 
gents for the sale of Eastern Lands, be, and they hereby are au- 
thorised to make the corrections in the lines of said grant, so 
that the Township may be bounded by Phillips' Limerick Acad- 
emy on the north, so as to include the gore of land, that now 
exists between the grant to Phillips* Limerick Academy and the 
grant to the Agricultural Society, and receive a conveyance from 
said Proprietors for an equal quantity on the south side of said 
grant to the Agricultural Society, leaving to the said Proprietors, 
a Township six miles square, as was the intention of the resolve 
of the Legislature, passed the first day of March, 1805, with 
the conditions and reservations contained in said resolve. 



CHAP. XXXIX. 

Resolve on the Petition of Thomas Gage, J un. authorising him as 
Guardian of John Winthrop Jcwitt, to make sale cf a certain 
half lot of Land in the town of Monmouth. 1 Sth June, 1 8 1 i\ 

On the Petition of Thomas Gage, Jun, of Rowley, in ilie 
Countv of Essex, 



50 AS. BYFIELD ABATE MIN. TAXES— Jwwe 18, 1812. 

Resolved, That Thomas Gage, Jun. aforesaid Guardian of 
John Winthrop Jewett, a non compos, be, and he hereby is au- 
thorised, for the reasons set forth in said petition, to sell and 
convey by deed, one undivided half of said lot of Land, situate in 
said Monmouth, in the County of Kennebeck. Provided^ said 
Gage shall first give bond to the Judge of Probate for the 
County of Essex ; conditioned that the money arising from the 
sale, shall be secured for the use and benefit of the said John 
W. Jewett, by the mortgage of real estate, or secured in some 
suitable fund. 



CHAP. XL. 

Resolve authorising the Assessors of Byjield to abate Ministerial 
Taxes. 18th June, 1812. 

On the Petition of the Assessors of the parish of Byfield, in 
the County of Essex, praying leave to abate certain ministerial 
taxes against Obadiah Hills, Moses Tenney, Richard Kent, 
Steplien Dole, John Thurloe, Paul Moody, William Moody, 
David Pearson, deceased, Joshua Dummer, Samuel Dummer, 
Shubael Dummer, deceased, and John Noyes, inhabitants of said 
parish, as set forth in said petition. 

Resolved, That the prayer of said petition be granted, and 
that the Assessors of the said parish of By^eld, for the time be- 
ing, be authorised to abate so much of the ministerial taxes of 
the persons above named, as is prayed for in said petition. — 
Provided, the said persons shall on or before the twentieth day 
of July next, accept the abatement of their said taxes, on the 
conditions agreed upon, and offered them by the said parish, at 
a legal meeting thereof, held on the twenty.first day of April, 
A. D. eighteen hundred and twelve* 



CHAP. XLI. 

Resolve granting Warren Chase % 1 per day as Assistant to the 
Messenger of the General Court. 1 8th June, 1812. 

Resolved, That there be allowed and paid out of the Treasury 
of this Commonwealth, to Warren Chase, Assisstant to the 
Messenger of the General Court, one dollar per day during the 



PAYING PAGE OF H. REP.-~Jw;?e 18, 1812. 51 

present session of the Legislature, over and above the usual al- 
lowance to him. 



CHAP. XLIl. 

Resolve for Paying the Page of the House of Representatives, 
18th June, 1812. 

Resolved, That there be allowed and paid out of the Trea- 
sury, to the Messenger of this House, to be by him paid over to 
Stephen Hall Tower, one dollar per day for each and every 
day, he, the said Tower, shall have attended as Page to this 
House the present session of the General Court. 



CHAP. XLIIL 

Resolve granting S 1 per day to John Perry, Assistant to the Mes- 
senger. 18th June, 1812. 

Resolved, That there be allowed and paid out of the Treasury 
of this Commonwealth, to John Perry, an Assistant to the Mes- 
senger of the General Court, one dollar per day, during the 
present session of the Legislature, over and above the usual al- 
lowance to him. 



CHAP. XLIV. 

Resolve granting a Tax for the County of Franklin. 
18th June, 1812. 

Whereas the Clerk of the Court of Sessions, for the County 
of Franklin, holden at Greenfield, in April last, having exhibi- 
ted an estimate made by said Court, of the charges which may 
arise within the said County for the year ensuing, and of the 
sum necessary to discharge the debts of said County, 

Resolved, That the sum of two thousand five hundred dol- 
lars be, and the same is hereby granted as a Tax on the said 
County of Franklin, the present year, to be apportioned, asses- 
sed, paid, collected and applied for the purposes aforesaid ac- 
cording to law. 



52. PET. JUS. KETCHUM & R. WEST— June 18, ISlg. 

CHAP. XLV. 

^erohe on the Petition of Justice Ketchum and Roger West, dis- 
charging the said Roger West from an Execution. 
18th June, 1812. 

On the Petition of Justice Ketchum and Roger West, shew- 
ing that the said Roger West recognized as surety, for one Ro- 
ger W. Ketchum, in the sum of five hundred dollars for the ap- 
pearance of the said Roger W. Ketchum, before the ^^upreme 
Judicial Court, which was to be holden at Northampton, with- 
in and for the County of Hampshire, on the 4th Tuesday of April 
Anno Domini, 1811, to answer to the said Commonwealth on 
a certain charge or complaint' of forgery ; but the said Roger W. 
Ketchum did not appear at the Court aforesaid, to beholden as 
aforesaid, whereby the said recognizance was forfeited ; where- 
upon a writ of scire facias issued against the said Roger 
West and judgment hath thereupon been rendered and execution 
issued for the amount of said recognizanc e aLd costs of suits, 
which is unpaid. 

Resolved, That for reasons stated in said petition, upon pay- 
ment of the sum of one hundred dollars by the said Roger West 
to the Solicitor General of this Commonwealth, or to the Trea- 
surer of the County of Hampshire, together with all the costs 
which has accrued by reason of the prosecution against the said 
Roger W, Ketchum, and the costs of suing out and prosecuting 
said writ of scire facias by the twentieth day of September next, 
the said Roger West be, and he is hereby discharged from the 
aforesaid judgment and execution. 



CHAP. XL VI. 

Rciohe granting %\25 to Theron Met calf Esq, Reporter in cases 
of Contested Elections, 18ih June, 1812. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, to Theron Metcaif, Esq. Repor- 
ter to the House of Representatives, in cases of contested elec- 
tions, in full for his services in that office up to the present 
time, the sum of one hundred and twenty five dollars ; and his 
Excellency the Governor, is hereby requested to draw his war- 
rant on the Treasurer in favor of the said Metcaif for that ^um. 



AD. TO SALARY OF MES.— June 18, 1812. 53 

CHAP. XLVII. 

Resolve on making an addition to the eitablished Salary of the 
Messenger of the General Courts 18th June, 1812. 

Resolved, That there be allowed and paid out of the public 
Treasury, to Jacob Kuhn, three hundred and fifty dollars for 
the present year, commencing the thirtieth day of May last, to be 
in addition to the sum of four hundred dollars allowed him by 
a resolve of March 26, 1793, establishing the pay of the Mes- 
senger of the General Court. 

CHAP. XLVIII. 

Resolve on the Petition of John Hunt, directing the Solicitor General 
to agree to the continuance of an action pending in the Supreme 
Judicial Court. 19th June, 1812. 

On the Petition of John Hunt, as Agent for Barnabas Bidwell, 
Resolved, That for reasons set forth in the petition aforesaid, 
the Solicitor General be, and he is hereby authorised and 
directed to agree on the part of this Commonwealth, to the 
continuance of an action, now pending in the Supreme Judicial 
Court, between this Commonwealth and the said Barnabav<? 
Bidwell, from term to. term, until the November term thereof, 
in the year of our Lord, one thousand eight hundred and thir- 
teen. Provided, the said Barnabas shall, within sixty days from 
the termination of the present session of the General Court, 
pay to the Solicitor General or to the Treasurer of this Com- 
monwealth the sum of twelve hundred dollars in part of the 
verdict which has been found in the said case, and shall also 
give security to the said Commonwealth, to the satisfaction of 
the Solicitor General, for the payment of the interest which 
may hereafter accrue upon the amount of said verdict. 



CHAP. XLIX. 

Resolve granting Messrs. Adams and Rhoadet, S90, in full of 
their demands on account of contract. 20th June, 1812. 

On the petition of Adams and Rhoades, of Boston, Printers, 



o4 TREAS. TO BORROW ^50,000-^mie 20, 1812. 

Resolved, For reasons set forth in said petition, that there be 
allowed and paid out of the Treasury of this Common weaUh, 
to said Adams and Rhoades, the sum of ninety dollars, they 
having agreed to receive the same in full of all demands they 
have against the Commonwealth", arising from a certain con- 
tract, or agreement, made between them and Benjamin Ho- 
mans, Esq. late Secretary of the Commonwealth, and Marcus 
Morton, Esq. Clerk of the Senate, 26th June, 181 }, which con- 
tract accompanies said petition, the said Adams and Rhoades 
before the said sum is paid them, are to give a release in writing 
of all said demands, and leave the same with the Treasurer : 
And that his Excellency, the Governor, be, and he hereby is re- 
quested to draw his warrant on the Treasurer for said sum, con- 
ditioned as aforesaid, in favor of said Adams and Rhoades. 



CHAP. L. 

Resolve authorising the Treasurer to borrow 850,000. 
20th June, 1812. 

Resolved, That the Treasurer of this Commonwealth be, and 
lie hereby is authorised and directed to borrow of the State,. 
Boston, and Union Banks, in addition to the sum now borrow- 
ed, any sum not exceeding fifty thousand dollars, that may at 
any time within the present year be necessary for the payment 
of the ordinary demands made on the Treasury, and that he re- 
pay any sum he may borrow, as soon as money sufficient for 
that purpose, and not otherwise appropriated, shall be receiv- 
ed into the Treasury. 



CHAP. LI. 

Resolve granting S75 to the widow of William Gale, late Messen- 
ger to the Governor and Council. 22d June, 1812. 

Resolved, That there be allowed and paid out of the Treasu- 
ry of this Commonwealth, to the widow of William Gale, de- 
ceased, seventy-five dollars, in full for his compensation as late 
Messenger of the Governor and Council. 



PET. OF ASA PEABODY— J'zf/zc 22, 181S. .55 

CHAP. LIL 

Resolve on the petition of Asa Peabody. 22d June, 1812. 

On the petition of Asa Peabody, on behalf of the town of 
Cambridge, stating, that at the term of the Court of Sessions, 
holden in and for the County of Middlesex, in January last, 
two cases were dismissed from the docket of said Court by ac- 
cident, in the one of which cases the town of Cambridge were 
petitioners for a Jury to assess damages claimed by Andrew 
Craigie, Esq. for his laud taken for the high-way from the 
Canal Bridge to Cambridge Common, and in the other of 
which cases the town of Cambridge were petitioners for a Jury 
to assess damages claimed in a similar manner by William Win- 
throp, Esq. 

Resolved, for the reasons set forth in said petition. That the 
Justices of the Court of Sessions for the County of Middlesex, 
be authorised and directed to restore said cases to their docket, 
and to proceed thereon in the same manner as if they had ne- 
ver been dismissed therefrom. 

CHAP. LIII. 

Resolve appropriating for the State Prison 1S4,000. 
22d June, 1812. 

Resolved, That his Excellency the Governor, by and witli 
the advice and consent of the Council, be, and he is hereby au- 
thorised to draw warrants upon the Treasurer of this Common- 
wealth, in favor of the Warden of the State Prison, for such 
sums and at such periods as may be deemed expedient by the 
Governor and Council, not exceeding four thousand dollars, 
to enable said Warden to fulfill his contracts and defray the 
necessary expences of said Prison, he to be accountable for the 
same. 



CHAP. LIV. 

Resolve on the Petitio n of Amos Sargeant and Betsy Buclaiian. 
22d June, 1812. 

On the petition of Amos Sargeant, of Maiden, in the County 
of Middlesex, Guardian of Stephen Buckman, of said Maiden, 



56 PET. A. SARGEANt & B. UUCKM AN— June 22 1812. 

a Spendthrift, and Betsy Buckman, wife of said Stephen, stat- 
ing that the whole of said Stephen's personal estate is neces- 
sary for the immediate use and support of said Stephen and his 
family, and that the said Stephen Buckman and Betsy, his 
said wife, in her right, are seized of divers parcels of real estate, 
situate in said Maiden, the fee of which real estate belongs to 
said Betsy ; that the debts now due from the said Stephen, and 
which have been presented to said Guardian for payment, a- 
mount to three hundred and eighty dollars, and that the neces- 
sary expences of said Guardianship which have already arisen, 
amount to sixty dollars, making with said debts, the sum of 
- four hundred and forty dollars ; arid praying that he, the said 
Amos Sargeant, in his said capacity, may be authorised and em- 
powered by joining in a deed or deeds, with the said Betsy, 
to sell and convey in fee so much of said real estate, as shall 
raise the sum of four hundred and forty dollars for the payment 
of said debts, and said expences of said Guardianship, and the 
further sum of fifteen dollars to pay the necessary expences of 
making said sale. 

Resohed, That the prayer in said petition be granted, and 
that the said Guardian of the said Stephen Buckman be, and he 
hereby Is authorised and empowered, by joining in a deed or 
deeds with the said Betsy, to sell and convey in fee so much of 
said real estate, of which the said Stephen and the said Betsy are 
seized as aforesaid, as shall raise the sum of four hundred 
and forty dollars, including the sum of three hundred and fifty 
dollars, empowered to be raised by a resolve passed February 
28, 1812, for the payment of said debts, and said expences of 
said Guardianship, and the further sum of fifteen dollars to pay 
the expences ot said sale ; and such conveyance so made by 
the said Amos, in his said capacity, together with the said Betsy, 
shall operate to all intents and purposes as a valid conveyance 
of all the rights, title and interest, which the said Stephen 
Buckman and the said Betsy, in her right, have as aforesaid, 
and which either of them has in and to so much of said real 
estate, as shall be so sold and conveyed as aforesaid ; he, the 
said Guardian, to account with the Judge of Probate, for said 
County of Middlesex, for the proceeds of the sale of so much 
of said real estate as shall be sold as aforesaid. 



GRANT TO J. KiniN— June 22, 1812. 57 

CHAP. LV. 

Resohe granting Jacob Kuhn Si 000 to purchase Fuel, "iff c. for the 
Goveriimcnt. 22d June, 1812. 

Resolved^ That there be paid out of the Treasury of this Com- 
monwealth, to Jacob Kuhn, Messenger of the General Court, 
the sum of one thousand dollars, to enable him to purchase fuel 
and >uch other articles as may be necessary for the use of the 
Generkil Court, together with the Governor and Council Cham- 
ber, the Secretary's and Treasurer's offices ; he to be accounta- 
ble for the expenditure of the same. 

The foUo-wing Message was received from his Excellency the 

Governor. 

Gentlemen of the Senate, and 

Geiitieraeii of l!ic House of Representatives, 

I have this morning received a letter from the Hon. Mr. 
Lloyd, one of the Senators in Congress, inclosing a copy of an 
Act of Congress, passed the 17th inst. declaring War against 
the United Kingdoms of Great Britain and Ireland, and their 
dependencies, and which on the 18th inst. was approved by the 
President. I have directed the Secretary to lay this commurii- 
cation before you. 

CALEB STRONG. 

Council Chamber , tTune^od, IS 12. 



CHAP. LVI. 

Resolve respecting the Pay of the Chief Justice of the Court of 

Conmion Pleas, for the third Eastern Circuit, 

22d June, 1812. 

Resolved, That the Treasurers of the several Counties in the 
third Eastern Circuit of this Commonwealth; be, and they here- 
by are authorised and directed to pay over to rhe Chief Justice 
of the Circuit Court of Common Pleas, for said Circuit, as a 
further compensation for his services, the amount oi the excess 
of fees which may be paid over to them respectively by the 
several Clerks of the Courts within the said Circuit, agreeable 
S 



bH PAY TO CLERKS G. COURT— Jz/;?e 23, 1812. 

to a Law of this Commonwealth, passed on the eighteenth day 
of June last : Provided, that the same, together with the legal 
fees of the said Chief Justice, shall not amount to more than one 
thousand dollars per annum. 



CHAP. LVIL 

Resolve granting Pay to the Clerks of the General Court, 
23d June, 1812. 

Resolved, That there be paid out of the public Treasury, to 
Marcus Morton, Clerk of the Senate, and Benjamin Pollard, 
Clerk of the House of Representatives, two hundred dollars 
each ; and also to Robert C. Vose, Assistant Clerk of the Sen- 
ate, and to Thomas Wallcut, Assistant Clerk of the House of 
Representatives, one hundred and twenty five dollars each, in 
full for their services in said offices the present session of the 
General Court. 



CHAP. LVHL 

Resolve appropriating S200 to enable the Secretary to pay 
Assistant Clerks, 23d June, 1812. 

Resolved, That there be allowed and paid ouf of the Trea- 
sury of this Commonwealth, to Alden Bradford, Esq. Secre- 
tary of this Commonwealth, the sura of two hundred dollars to 
enable him to pay such Assistant Clerks as he may have em- 
ployed to expedite the public business in his office, he to be 
accountable for the expenditure thereof. 



CHAP. LIX. 

Resolve on the Petition of Elcazer IV, Ripley, Esq. for a 7icw 
trial. 24th June, 1812. 

On ihc petition of Eleazer W. Ripley, Esq. setting forth, 
that at the Supreme tTudicial Court, begun and holden at Bos- 
ton, on the fourth Tuesday of Novetriber, 1809, he was ag- 
grieved at the verdict in the trial of a certain indictment a- 
gainst him, and praying for a new trial : 



GALLERIES IN REP. CHAMBER— Jm/e 24, 1812. 59 

Resolved, For reasons set forth in said petition^ that a new 
trial be granted to said Eleazer V/. Kipley, in the said Su- 
preme Judicial Court, within the County of Suflfolk, on said 
indictment, in the same manner as if no trial had been had 
therein : Provided, said new trial shall be claimed by said 
Ripley, within one year next after the passing this resolve. 



CHAP. LX. 

Resolve appointing a Com?niitee to make Galleries in the Representa- 
tives' Chamber^ \^c, 24th June, 1812. 

Resolved, That Messrs. Jonathan Hunnewell, Jonathan Whit- 
ney and Thomas Barry, all of Boston, be a Committee, to cause 
a Gallery to be made at the North end of the Representatives* 
Chamber, and another Gallery over the one now on the east 
side of said Chamber, and to make such other alterations there- 
in as may be thought best for the accommodation of the Mem- 
bers at the next Sesssion of this General Court. 

And it is further resolved. That said Committee may cause 
such alterations to be made in the stoves and fire places of the 
Council Chamber and Secretary's Office, as they may deem 
necessary and proper. 



CHAP. LXI. 

Resolve on the Petition ofOzias Goodwin and others, 
24th June, 1812. 

Resolved, That his Excellency the Governor, be, and he is 
hereby authorised and requested to cause a sufficient number qf 
boats or vessels to proceed immediately to sea, at the expense of 
the Commonwealth, for the purpose of giving notice to all 
American vessels that may be found upon our coast, of the de- 
claration of war by the Congress of the United States against 
Great Britain, to the end that they may be enabled to adopt 
such measures for their safety, as the occasion shall require ; 
and that the Governor be authorised to draw his warrants on 
the Treasury for the amount of the cxpences tliat may be neces- 
sarily incurred thereby. 



CO GOV. TO DRAW MONEY FR. TREAS.— Jwwe 24, 18J2. 

CHAP. LXII. 

Resolve authorising the Governor to draw Money from the Trea- 
sury for the service of Government , not exceeding iS20(X). 
24th June," 1812. 

Resolved^ That there be allowed and paid out of the public 
Treasury to the Secretary of the Commonwealth, such sums of 
money as from time to time shall appear to hi? Excellency the 
Governor, with the advice of Council, to be necessary for the 
service of Government, and to be disposed of as the Governor 
and Council may direct, the amount thereof not to exceed two 
thousand dollars, and the Secretary shall account to the Legis- 
lature for the same, and his Excellency the Governor is author- 
ised to draw his warrants therefor. 



CHAP. LXIIL 

Resolve for Paying the Coinmitiee on accounts, June Session, 1812. 
24th June, 1812. 

Resolved, That there be allowed and paid out of the public 
Trcaiury, to the Committee to examine and pass on accounts 
presented against the Commonwealth for their attendance on that 
service during the present session, the sums annexed to their 
names, in addition to their pay as Members of the Legislature. 

Hon. Nathan Willis, seventeen days, seventeen dollars. 

Hon. Silas Holman, nineteen days, nineteen dollars. 

James Robinson, nineieien days, nineteen dollars. 

George Crosby, nineteen days, nineteen dollars. 

Joseph Whiton, eighteen days, eighteen dollars. 

Which sums shall be in full for their services aforesaid re- 
spectively. 



ROLL No. 67.. ..June, 1812. 

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

REPORT, That there are due to the Corporations, 
pnd persons hereafter mentioned, the sums set to their names 
respectively, Svhich, when allowed and paid, will be in full 
discbarge of the said accounts to the several dates therein men- 
tioned, which is respectfully submitted. 

NATHAN WILLIS, per order. 
PAUPER ACCOUNTS. 

Town of Adams, tor boarding and clothing Free- 
man Biakelv, Ann Waller, Susannah Camp, and 
Lvdia Oaileys, two children, to g2d May, 1812, S 81 40 

Ashburnham, for boarding and doctoring Sukey 

Franklin, to the time of her death, 14 00 

Alford, for boarding and doctoring Isaac Meach to 
June, 1811, and transporting sundry paupers out 
of the State, 74 97 

Alfred, for boarding and clothing William Griffis, 
and supporting sundr* prisoners confined in gaol 
for debt, to 1st June, 1812, 84 75 

Abington, for boarding and clothing Thomas Sey- 

more to 19th June, 1812, 28 40 

Boxborough, for boarding and clothing John 

M'Koy to Sist May, 1812, 56 83 

Baldwin, for boarding and clothing Daniel Hickey 

to 1st Mav, 1812, 89 23 

Brimfield, for boarding and cloihins' John Christian 

to 27th Mav, 18 12, ^ 28 87 

Berwick, for boarding Lemuel Woodworth to the 
25th May, 1812, 18 40 

Barnardstown, for boardina; and clothing Oliver 

Stephens to 25th May, 18l2, 25 54 

Boxford, for boarding and clothing Mehitable Hall 

to 5th June, 1812, 69 80 

Brookfield, for supplies to Jonas Banton and George 

Baslington, to 2d May, 18i2, 57 82 

Blandford, for boarding and clothing ijamuel Wal- 

Icer, to 1st February, J 812, 75 00 



62 PAUPER ACCOUNTS. 

Brooklinc, for supplies and doctoring Jacob Har- 
vey to SOth April, \S\% 74 00; 

J^cllinghani, for boarding and clotbing Uobert At- 
kins and Nathaniel Freeman to 1st April, 1812, 35 94 

Bedford, for boarding and clothing James Cades to 

6th June, 1812, 24 51, 

Belfast, for boarding and doctoring Joseph Parsons 
and James Wells to the time of their death, in- 
cluding funeral charges, and supplies for Owen 
Chancy to the time he left the town, 57 91 

Bridgewater, for boarding and clothing William 

Badger and Frederick liignor to 25th May, 1812, 32 60 

Boston, for boarding and iclothing sundry paupers, 
including allowance to th<^ Keeper of the Aims- 
House to the 1st June, 1812, 8,049 10 

Becket, for bocrding, clothing, and doctoring Sal- 
ly Leonard and Hiram Leonard, to 19(h May, 
1812, Betsey Lamphire and child until she left 
the S(ate, 56 00 

Bradford, Samuel, keeper of the gaol in Boston, 
County of Suifolk, for supporting sundry prison- 
ers confined for debt, to 25th May, 1SI2, 365 96 

Cliesliire, for boarding, clothing, and doctoring E- 
phraim Richardson, Naomi Davis and child, 
Polly Newcomb, and Polly Cooper, and supplies 
for Alfred Joice,to23d May, 1812, 

-Gushing, for boarding and clothing James Walker, 
to 1st June, 1812, 

Charlton, for boarding, clothing', and doctoring Ed- 
ward Madden and Jonathan Spear, to 26th May, 

lb42, 

Carlisle, for boarding and clothing Robert Barber, 

to 23d May, 1812, 
Colerain, for boarding and clothing Sally Lamonicr 

to 2lst May, 1812, and Nancy Andrews, until she 

left the State, 
Cape Elizabeth, for boardinjj; and clothing James 

Ramsbottora to 10th May, ^1812, 
Dartmouth, for boarding and clothing John Quan- 

riawill to 20ih May, 1812, and removing S. Grin- 

nell out of the town, 
Durham, for boarding and clothing Asa, Samuel, 

and Jonathan Demenit. to 20tb Mav^ 1812, 



274 15 


16 00 


31 00 


23 56 


51 97 


33 be 


85 00 


158 60 



91 05 


19 50 


400 


13 


18 


74 


219 25 


12 


65 


87 


90 \ 


95 


63 



PAUPER ACCOUNTS. 63 

Douglas, for boarding, clothing, and doctoring 
Botsey Tritlle to the time of ber deaths including 
funeral charges, 

Dedham, for boarding and doctoring Robert Clue 
and Sarah Smith to 1st June, 18 12, 

Danvers, for boarding, clothing and doctoringsun- 
,drv paupers, to 9th June, iS12, 

Elliot, for supplies to Jacob Brewer to 16th Mav, 
1812, 

Edgarton, for supporting sundry paupers to 20th 
May, 1812, 

Florida, for boarding and clothing a child of Amos 
Eldridge, to the time she was bound out, 

Falmouth, County of Cumberland, for boarding, 
clothino;, and doctoring Feliciaa Sang to 31st 
May, 1812, 

Franklin, for supplies and doctoring Thomas Barre 
and wife to 1st June, 1812, 

Gill, for boardiHg and clothing Sarah Hamilton, 

Samuel Lyon and wife, to 23d May, 1812, 53 13 

Greenwich, for boarding, clothing, and dcctorina: 
William Rice, Jonathan Baile}-, his wjfe, and 
three children, Samuel Bailey, and Elizabeth 
Harrington, to 23d May, 1812, 146 57 

<jroshen, tor boarding, clothing, and doctoring Sa- 
rah Horseford to 4th March, 1812, 65 00 

Granville, for boarding and clothing George Tay- 
lor and Archibald Stewart to 1st June, 1812, 53 00 

Granby, for boarding and clothing Ebenezer Dar- 

vin to 25th May, 1812, 29 17 

Gorham, for boarding, cloth-^ng, and doctoring Ro- 
bert Gil filing and Jacob Morse to 29th Mav, 
1812, ^_ ^ / 77 95 

Gloucester, for boarding, clothing, and doctoring 

sundry paupers to May, 1812, 
Hallowcil, for boarding, clothing, and doctoring 

sundry paupers to 1st June, 1812, 
Hope, for boarding John Sullivan to 20th May, 

1812, 
Hardwick, for boarding and doctoring Joseph Pease 
to the time of his death, including funeral charges, 
Hudson, John, Keeper of the Gaol in Salem, County 
of Essex, for 3upportin<»; sundry pri*?oners, rov.~ 
fned for debt, to 26th May, 1812, 144 Q2 



716 00 


195 20 


SO 00 


IS 68 



64 PAUPER Accounts. 

Hodgkins^ Joseph,, Keeper of the House of C()r- 
rection in the County of tLssex, for boa/dingand 
clothing sundry Paupers, up to the 6th June, 
1812, including an allowance made by the Court 
of Sessions, to the 21st March, 1812, 394 60 

Hamilton, for boarding and clothing Mollv 

McCrief, to 5th April, 1812, "' 61 50 

Lincolnville^ for boarding Timothy Cox and Alex- 
ander White, to 21st Mav, 1812, 46 80 

Litchfield, for supplies to Hannah Taylor and two 
Children, Daniel Howard and wife^ to 1st June, 
1812, 78 00 

Lancaster, for boarding .and clothing William 

Shearer, to 9th June, 1812, ' 88 66 

Lcyden, for boarding, clothing and doctoring Je- 
dediah Fuller and wife, Elizabeth Wagner and 
Ruth Abel, to 22d May, 1812, 71 71 

Lenox, for boarding and clothing Abraliara Pal- 
mer, to 12th May, 1812, and Niel McArthur, to 
the time of his death, including funeral charges, 33 85 

Lee, for boarding, clothing and doctoring Azubah 
Cain and Lucy Fuller, and supplies for Oaniel 
and Betsy Santee, Jonathan and Sarah Blackman, 
to 22d May, 1812, . 158-70 

Montague, for boarding, clothing and doctoring 

John Searle, to 18th May, 1812, 48 97 

Marblehead, for boarding and clothing sundry 

paupers, to 5th June, 1812, 256 29 

Monson, for boarding and doctoring Cuff Green, to 

6th April, 1812, ' 22 08 

Mount Vernon, for boarding and clothing David 

Basford, to 2lst Ma., 1812, 56 53 

Mendon, for boarding John Williamson, to 9th 

March, 1812, 10 00 

Marlborough, for boarding and clothing Joseph 

Waters, to 28th May, 1812, 62 00 

Milforcl, for boardinsc, clothina: and dgctoring 

Elizabeth Gould, 25th May, 1812, 52 08 

Norwich, for boarding Daniel Williams, to 31st 

May, 1812, 19 80 

New Marlborough, for boarding, clothing and 
doctoring Mary Rogers and Jane Peters, to 21st 
May, 1812, 



09 



19 20 


31 65 


26 73 


12S6 55 


602 62 


59 00 


193 52 


82 99 


44 00 



PAUPER ACCOUNTS. 65 

Northburougli, for boarding and clothing Ricliaid 
Grant, to] st April, 1812, 

North field, for boarding and clothing Richard 
Kinsbury, to 23d May, 1812, 

Northampton, for supplies for the w ife of John Sax, 
and the wife of Andrew Severenee, to 15th IViay, 
1S12, 

Nevvburyport, for boardi ng, clothing and doctor- 
ing sundry paupers, to 1st June, 1812, 

Newbury, for boarding, clothing and doctoring 
sundry paupers, 1st June, 1812, 

New Salem, for boarding a Child of OliVe Bedicnt, 
to the time he was bound out, 

Overseers of Marshpee Indians, for supporting sun- 
dry paupers to 1st May, 1812, 

Peru, for supplies and doctoring James Robbins 
and family, to 19th May, 1812, 

Pepperell, for supplies to Robert Minchins, to 11th 
Mav, 1812, 

Pittsfield, for boarding, clothing and doctoring Pe- 
ter Henon, Thomas Keen and wife, Pollv Thurs- 
ton and Polly HoUv, to 20th May, 1812, 112 63 

Plymouth, for boarding, clothing and doctoring 
Thomas Torrence, James Reed, and John M. 
Roop, to 31st May, 1812, ' 80 53 

Portland, for boarding, clothing and doctoring 

sundry paupers, to. 1st June, 1812, 1258 91 

Rutland, for boarding, clothing ard doctoring 
William Henderson, John Cowling, Rcs^el^ 
Fariar, to 1st June, 1812, and Samuel »><^se to 
the time of his death, including funer**' charges, 

Richmond, for boarding Fphraim ^a^lor, to the 
time of his death, inchuling f-»eral charges, 

Rowley, for boarding and d(-ioring Barnabas Dow, 
and Ella Collins, to ^''^h May, J 812, and Jesse 
Kemble, to the tin-^ he left the town, 

Rochester, for b«^*^*ii"g ^^^ clothing GeorgcWhite 
to 10th Ju»-^. 181^. 

Randolph for boarding, clothing and doctoring 
Joh« Cole, to 1st April, 1812, 

Sopii^rset, forboarding and clothing William Elliot, 
to the 25th Mav, f812, 

9 



57 72 


2100 


85 46 


35 25 


27 50 


19 08 



GS PAUPER ACCOUNTS. 

SwaiiscV;, for bnardine; and clothing Thomas Canal- 

ly, to 22d May. 1812, ' 35 37 

Sandwich, tor boardine, Richard Crouch, to 24th 

May, 1812, ^ 22 00 

Sutton, for boarding and clothing Isabella Santee 

and lour children, to 3d June, 1812, 44 20 

Sandisfield, for boarding and clothing Eliza Dan- 

doo and William Sanford, to 2lst May, 1812, 33 32 

Salem, for boarding and clothing sundry paupers, 

to 7th June, 1812, 1223 00 

Uxbridge. for boarding and clothing Phillis Jenks 
and her children, and David Mitchell, to 24th 
May. 1812, . 101 10 

Vassalborough, for funeral charges, for Sally Gor- 

d<>n, 5 00 

Williamstown, for boarding, clothing and doctor- 
ing Robert Morrill, Charles Mcx\rthur, Rachael 
Galusha, and supplies for George Hendergrass, 
to 20th May, 1812, 84 05 

Windsor, for boarding and clothing Henry and 

Rachel Smith, to 20th May, 1812, 46 33 

Westlield, for supplies to John Newton and wife, 

to 23d May, 1812, 49 01 

Watcrborough,for boarding and clothing William 

Jordon, to 9th June, 1812, 26 80 

West Hampton, for boarding, clothing and doctor- 
ing Lemuel Culver and Phebe Culver's child, to 
1st June, 1812, 45 54 

"WilliamsxMjrgh, for boarding and doctoring Philip 
Nahum, t(Mhe time of his death, including fu- 
neral charges, 18 54 

Worcester, for boare^ns: and supplies to sundry 

paupers, to 1st June, i<^i2, 141 60 

Waliloborough, lor supplies t^ john Handell, to 6th 

June, 1812, 8 00 

West Springf'eld, for boarding ana '•lothing James 
Aldreth, Hannah Shovey and Hanna'» j^gif ^o 
20th May, 1812, and Justus Allen, to the^.,*nie of 
his diuth, including funeral charges, 79 ^7 

York, for boarding and clothing sundry paupers^ to 

8th June, 1812, . 2\q 81 

Total Paupers, 320,257 20 



MILITARY ACCOUNTS. 
MILITA RY A CCO Uj\ TS, 

BastoWj Sumner, for the expense of a Court of In- 
quirVj held at Leicester, 1 1th February, 1812, 
Avhereof Col. Henrv Penneman was President, 

Knap, Samuel L. fcr the expense of Court Martial, 
holden atTopsfield, 24th Mareh, 1812, whereof 
Col. Benjamin Stickncy was President, 
. Donnisou, William, Adjutant Creneral, for the ex- 
pense of a Board of OflScers, holden at Boston, 
12th April, 1812, whereof Gen. John Barker was 
President, "♦ • 

Goodwin, John M. for the expense of a Court 
Martial, holden at Plymouth, 19th Mav, 1812, 
whereof Col John Thomas was Presider.t, 

Goodwin, John M. for part of the expense of a 
Court Martial, holden at Plymouth, 29th Octo- 
ber, 1812, whereof Col Benjamin Lincoln was 
President, omitted in Uoll 6G, by mistake, 

Sawtell, Richard, for the expense of a Court of In- 
quiry, holden at Canaan, 24th March, 1812, 
whereof Maj. Josiah Hayden, Jun. was President, 

Brigade Majors and Aids-de-Camy* 

Bucklin, Joseph, to 6th February, 1812, 
Bastow, Sumner, to 3d June, 1812, 
Dunbar, William, to 26 May, 1812, 
Elwell, Robert, to 4th May, 1812, 
Fisher, Jacob, to 28th May, 1812, 
Goodwin, John M. to 12th May, 1812, 
Keith, Cyrus, to 5th June, 1812, 
MattooujNoah D. to 27th May, 1812, 
Prince, Hugh, to 10th January. 1812, 
Prince, Hugh, as A. D. C. to 20{h May, 1812, 
Russell, Edward, 13th May, 1812, 
Starr, James, to 14th May, 1812, 

Adjutants. 

Adams, Moses, to 17th Mav, 1812, 
Boyd, Williard, to 2d June', 1812, 
Backus, Zenos, to 7th June, 1812, 
Bourne, Joseph, to 15th October, 1811, 



67 



46 97 



119 92 



41 16 



130 73 



37 1 



9 


00 


39 


82 


28 


50 


50 85 


27 


67 


3Q 01 


12 00 


67 


50 


56 


89 


15 


00 


34 05 


43 


95 



41 47 
84 CO 
73 74 
11 45 



68 MILITARY ACCOUNTS. 

Champney, John, 26th Mav, 1812, 54 63 

Davis, Stephen, tOth May, 1812, 17 35 

Fisk, Ezra, to 22d May, 1812, 40 70 

Gage, Nathaniel, to 1st June, 1812, 18 76 

Hatch, Solomon, to 1st October, 1811, 7 50 

Hvde, Lina, to 4th January, 1812, 10 32 

Henman,Ranson, to20th May, 1812, 29 96 

Ingraham, James M. to 4th May, 1812, 30 52 

Jaques, Samuel, to Uth June, 1812, 72 73 

Keith, Cyrus, to 6th June, 1812, 43 61 

Kingman, Simeon, to 11th March, 1812, 28 24 

Pingne, Samuel, to 15th May,48l2, 29 91 

Piummer, Benjamin, 1st November, 1811, 18 05 

Pope, Ebenezer, Jun. to lOlh June, 1812, 26 12 

Paysson, Ebenezer, to 11th Junc^ 181 1, 23 69 

P»ichards, Wyman,to 8lh May, 1812, 46 95 

Sales, Richard, to 81b June, 1812. 25 67 

Spring-, Josiah, to 25th Mav, 1812, } 1 31 

Starr,"^ James, Jm,. to 1st Ma\, 1812, 18 77 

liuss, John, to 26th May, 18 12, 77 60 

Tainter, Hervey, to 12th Mav, 1812, 16 57 

Taft, Hazeltor, to 1st June, 1812, 25 88 

Turner, Thomas, to lllh February, 1812, 13 10 

Viies, Bowman, to 2d Februarv, 181 1, 16 50 

Whitman, Benjamin, to 12th Ma), 1812, 14 20 

Expences for Horsis to haul Arlilkry, 

Carter, Luke, 19t]i Mav, 1812, 15 CO 

Carter, Neheraiah, to 10th October, 1811, 

Derby, Benjamin, to 2d October, 181 1, 

Rankt, Samuel, to 14lh Seplembor, 181 1, 

Stover, Jame,'^^, io 1st June, 1812, 

Stone, Martin, to 12th September, 1811, 

Wright, Samuel, to 2d June, 1812, 

Total Military, gl816 15 

SHERIFFS' AND CORONERS' ACCOUNTS. 

Cooper, John, Sheriff of the County of Washington, 
for returning votes for the Governor, Lieutenant 
Governor and Senators, and distributirg precepts 
and returning votes for members of Corgressto 

15th April, 1812, 105 74 



7 


50 


5 


00 


5 


00 


6 


25 


8 


75 


7 


50 



SHERIFFS' AND CORONERS' ACCOUNTS. C9 

Chandler, John, Sheriff of the County of Kenne- 
beck, for returning votes for Governor, Lieuten- 
ant Governor and Senators and Members of Con- 
gress to 1st May, 1812, 50 40 

Goodwin, Ichabod, Sheriff of the County of York, 
for returning votes for Governor, Lieutenant Go- 
vernor and Senators for 1811, 6 40 

Larntd, Simon, Sheriff of the County of Berkshire, 
for returning votes for Governor, Lieutenant Go- 
vernor and Senators for 1811 and 1812, 22 40 

M'Millan, John, Sheriff of the County of Oxford, 
for returning votes for Governor, laeutenant Go- 
vernor and Senators, 12 00 

Shepherd, > homas. Sheriff of the County of Hamp- 
shire, for returning votes for Governor, Lieuten- 
ant Governor and Senators for 1812, 8 00 

Ulmer, George, Sheriff of the County of Hancock, 
for returing votes for Governor, Lieutenant Go- 
vernor and Senators, and distributing precepts 
and returning votes for members of Congress to 

^ May, 1812, 77 18 



Total Sheriffs and Coroners, ^282 12 

PRINTERS* ACCOUNTS. 

Cutler and Russell, for printing for the General 

Court to 16th June, 18l2, 713 00 

Edes, Peter J for printing Acts and Resolves to May, 

1812, 16 66 

Foster, Moses B. for printing for Treasury Office to 

June 16(h, 1812, 2 00 

Holland, Anthonj^ for printing Acts and Resolves 

to May, 1812, 16 (j& 

Lindsey, Benjamin, for printing Acts and Resolves 
to May, 1812, 16 m 

Rhoades, Adams and Co. for printing for the Secre 
tcirv Treasurer and Adjutant General's Offices and 
General Court to 8th' June, 1812, 2631 1& 

Clapp, William W. for printing done for the Go- 
vernment to June, 1812, 28 96 

Total Printers, %SMb 12 



69 


I'i 


50 00 


10 GO 


44 


68 



70 MISCELLANEOUS ACCOUNTS. 

MISCELLANEOUS ACCOUNTS, 

Austin, Jonathan L. for Oil, for the use of the State 
House, 

Chase, Warren, for assisting the Messenger to the 
General Court to 23d June, 1812, 

Dillaway, William, for transporting the dead body 
of a stranger from Long-Island by order of the 
Coroner, 

Durant, William, for labour done on the State 
^ House to 20th May, 1812, 

Kuhn, Jacob, for balance due him on the 17th June, 
1812, over and above a grant made him by a re- 
solve of the General Court, of the 24th June, 

1811, for eight hundred dollars, also a grant of 
the same date of twenty-three dollars, a grant of 
the tenth day qf Januarv, 1812, of five hundred 
dollars, and a grant of the twenty-eighth day of 
F.4}ruary 1812, for forty six dollars, 200 97 

Larkin, Ebenezer, for supplies of Stationary for the 
Secretary's and Treasurer's Offices to 16th June, 

1812, 120 37 
Lincoln, Amos. for labor done on the State- House to 

24ih May, 18i2, 139 83 

Lapharn, l-ylvanus, for assisting the Messenger to the 

General Court to 23d June, 1812, 56 00 

Perrv, John, for his attendance on the General Court 

to 23d June, 1812, 56 00 

Smith, Samuel, for copying papers for the Senate to 

2!st June, 1812, 10 CO 

Scott, James, for supplies of Stationary for the Se- 
cretary's Office to 30th May, 1812, 77 20 

Thoma?, Joshua, Goodwin Nathaniel and Hayward 
Bez<J, Commissioners to examine the accounts of 
the Treasury of the County of Plymouth for 
their services Nov. 1811, 32 00 

Vose, Robert C. for filing papers of the Senate, 

1810 and 181 L ' 12 00 



Total Miscellaneous, JS878 17 



AGGREGATE OF ROLL. 71 

Aggregate of Roll No. 67. 

Expence of State Paupers, .S20/257 20 

Do. Militia, 1,816 15 

Do. sheriffs and Coroners, 282 12 

Do. Printers, 3,425 12 

Do. Miscellaneous, 878 17 



S26,658 76 



Resolved, That there be allowed and paid out of the pub- 
lic Treasury, to the several corporations and persons men- 
tioned in this Roll, the sums set against such corporations and 
persons' names respectively, amounting in the whole to the 
sum of twenty-six thousand six hundred and fifty-eight dol- 
lars, and seventy-six cents, the same being in full discharge 
of the accounts and demands to which they refer. 

In Senate, Jime2^tJi, 1812. 
Read and passed, sent down for concurrence. 

SAMUEL DANA, Preudent, 

In the House of Representatives, June 24/7z, 1812. 
Read and concurred, 

TIMOTHY BIGELOW, Speaker. 



Jime2hh, 1812. — Approved. 



CALEB STRONG 



COMMONWEALTH OF MASSACHUSETtS 



Secretary's Office, Sept. 25th, 1812. 
By this, I CCHlfyj that 'm Compliance with a Resolve of the Legislature of thi^ 
Commonwealth, passed January 16th, 1812, 1 have examined and compared the 
printed copies of the Resolves of the General Court, passed the Session, commen- 
cing on the last Wednesday of May, being the 26th day, and ending the 27th day of 
June, 1812, with the origlnMs remaining in the Secretary's Office, and fiad the same 

correct. 

ALDEN BRADFORD, 

Sicretary of the Commonvfealth, 



INDEX 

OF RESOLVES PASSED JUNE SESSION OF THE GENERAL 
COURT, A. D. 1812. 



A 
AUSTIN, J. L^ late Treasurer, committee to settle his accounts, 48 

Adams & Rhodes, printers, their contract, &c. - - 53 

Accounts, Committee, their pay, - - - - 60 

Accounts, allowed to pay sundry persons, towns, &c. - - 61 

B 

Braintree and Weymouth, Notary Public for, - - 32 

Bristol County, Notary Public for, - - - - 32 

Byfield Assessors, to abate Ministerial Taxes, - - 50 

Bid well, Barnabas, resolve respecting, - - - 53 

Bucknam, Betsey, and others, resolve on their petition, '- 55 

C 

Cumberland County, Notary Public for, *> - - 31 

Tax granted for, - - - 32 
Carver, Selectmen of, on their petition to sell land belonging to 

Luana Leepet, - - - - - - 35 

Chase, Thomas, and others, petition, &c. - ~ ' 36 

Clerks in Secretary's and Treasurer's Olfice, pay, - - 42 

Chase, Warren, resolve to pay, - - - - 50 

Clerks of Senate and House of Representatives, their pay, - 58 

Clerks, Assistant, Secretary to employ and pay, - - 58 

Committee on Accounts, to be paid, - - - - 60 

Cambridge, town of, their petition, &c. - - - 55 

D 

Davis, John, and others, petition, as Overseers of Marsh pee In- 
dians, .------39 

Donnison, Adjutant General, resolve to pay him, - - 47 

Davis, John, resolve to pay him, - - - - 47 

Dexter, Aaron, and E. Preble, resolve on their petition, - 49 

Dix, Elijah, resolve on petition of Administrators to, - - 46 

Duk«s County, tax granted for, .<*'.- 38 

10 



INDEX. 

F 

Fales, Samuel, resolve on his petition, - - - - 43 

Freeman, Samuel, and E. Islej, resolve on their petition, - 43 

Franklin County, tax granted, - - - - 51 

Fessenden & Chase, their petition, and resolve thereon, - 36 

G 

Gage, Tliomas, Guardian of John W. Jewitt, - - 49 

Gale, William, late Messenger, grant for his widow, - - 54 

Governor, to draw money from Treasury, - - CO 
Goodwin, O. and others, to be paid for employing boats and vessels, 59 

H. 

Harris, Thaddeus M. and others, resolve on their petition, - 46 

Hunt, John, Agent to B. Bidwell, - - - 53 

Hamlin, Cyrus, and others, resolve on their petition, - - 45 

J. 

Justice, Chief, of C. Court, Eastern Circuit, his pny, - 57 

Ingersoll, Nathaniel, and others, petition and resolve, - - 35 

K. 

Kefchum, Justice, and others, resolve on their petition, - 52 

Kuhn, Jacob, additional Salary, - - - - 53 

: ; to provide fuel, --,•■? 67 

L 

Lamson, Lucy, - - - • - -3^ 

Laphara, Sylvanus, Assistant Messenger, his pay, - - 48 

Legislature, Members, of their pay, - - - - 30 

Lieutenant Governors Salary, - - - - 47 

Leonard, David, Sheriff of Oxford, - - - - 45 

Leadbctter, W. S. conveying a Convict, . - - 42 

Lincoln County, additional Notaries', - - - 31 

M 

Metcalf, Thcron, Reporter, pay to him, - - »- 5^ 

Morrell, Nahum, his pay granted, - - - - 40 

Mackay, Samuel, resolve on his petition, - - - 38 

: Samuel M. resolve on his petition, - - - 38 

O 

Oxford County, tax granted for, - * . - 40 



INDEX. 

P 

Paine, William, bis petition, - - - - - 34 

Peabody, Asa, resolve on bis petition, - - » 55 

Perry, Jobn, Assistant Messenger, bis pay, - - - 51 

Page, Robert, and otbers; autborised to bring a suit against Jobn 

North, ----- . 45 

Phelps, S. W. resolve granting an allowance, - - 41 

Plymouth County, tax granted for, - - - 4Q 

Potter, Barrett, bis petition and resolve, - - - 37 

Prison, State, alloMance to Warden, - - - 55 

R 

Representatives' Chamber, to be repaired and altered, - • 59 

Ripley, E. W. Esq. resolve on bis petition, - - 58 

Ruggles, Jacob, allowance to, - . - - 38 

Russell, town of, their doings made legal, - - '31 

S 

Sumner, town of, their doings made legal, ■ - 32 

Secretary to employ and pay Assistant Clerks, - - 58 

: Salary, ------ 48 

Studley, Benjamin, bis petition, - - - -33 

T 

Treasurer autborised to borrow 50,000 dollars, - - 54 

Tower, S. Hall, Messenger, bis pay, - - - -51 

W 

Wintbrop, T. L. guardian, bis petition, &c. • •41 

West, Roger, discharged of execution, - - 52 

Wait, Aaron, praying for a Slate IV ote, - - - 39 

Wa^bburn, Ruth; autborised to convey a pew, - - S3 






KESOLTES 



OF THE 



GENERAL COURT 



OF THE 



CammanUjeaitl) of 4HSa^^at|^u^etts^. 

PJSSED AT THE SESSIOJ\i'S, /A' 

OCTOBER 181% AND JANUARY 1813, 



Publrshed ag>rceablyto a Resolve of J«n\iary 11, 1812 
— »o<* — 




BOSTON : 

Printed by russell and cutrer. 



1813, 



RESOLVES 



OF THE 

General Court of Massachusetts, 

FASSEJ) AT THE SESSION', 

COMMENCING ON THE FOURTEENTH AND ENDING TJHE TWENTjf 

FOURTH DAY OF OCTOBER, A. D. 1812 



GOVERNOR'S SPEECH. 



REPRESENTATIVES' GHAlVtBER, OCT. 14, 1812. 

*3f 13 0^ clock, the Senators attended in tlie Mepresentative^^ 
Chamber y agreeably to assignment, when His Excellencij 
the Governor came in, accompanied by his Council, the 
Secretary of the Commonwealth, and other officers of goVr 
ernment, a2id deliver ejd the following 

SPEECH : 

Gentlemen of the Semite, and 
Gentlemen of the House of Representatives, 

THE period again approaches when Electors of a Pre- 
sident and Vice President of the United States are to be ap- 
pointed, and you have now assembled that you may execute 
the important trust, of directing the manner of their appoint- 
ment on the part of this State. I hope that nothing will interfere 
to prevent an impartial discharge oi th^is public duty, Th"? 



U GOVERNOR'S SPEECH. 

language of the Constitution on this suhject is imperative ; — 
^'^ Each State shall appoint in such manner as the Legisla- 
ture thereof may direct^ a number of Electors" — This form 
of expression wa^ necessary ; for it is obvious, that if the 
States should neglect to appoint Electors, the national gov- 
ernment would be at an end. In addition to this, the Con- 
stitution has required, that the members of the State Legisla- 
tures, and all Executive officers, shall be bound by oath or 
affirmation, to support the Constitution. We have taken thisi 
oath, and have sw^orn impartially to perform all the duties 
incumbent on us as members of the State Grovernment — 
should this duty be neglected, tlie people of the State would, 
on this important occasion, lose their political consequence, 
and be deprived of the rights of citizens. 

By a letter of the 13th of last June, the Secretary of War, 
requested me, by direction of the President, to order into 
the service of the United States, on requisition of Major 
General Dearborn, such part of the quota of militia from 
this State, detached conformably to tlie Act of the 10th of 
April last, as lie might deem necessary for the defence of the 
sea-coast. On the 2Sd of June, I received a letter from Gen. 
Dearborn informing me that war was declared against Great 
Britain ; and requesting me to order forty one companies of 
the detached militia into the service of the U. States, for the 
defence of the posts and harbors in this State, and the harbor 
of Newport in the State of Rhode Island ; and stated that 
the companies were intended for the following posts and 
harbors in the following proportions : For Passamaquoddy, 
five companies ; for Machias, one company ; for Castine,. 
three companies ; for Damariscotta and Wiscasset, two com- 
panies ; for Kennebunk, one company ; for Portland, tive 
companies ; for Marblehead, Salem, Cape- Ann, and Xew- 
buryport, four companies ; for Boston, twelve companies, and 
for Rhode Island eight companies. I also received from 
General Dearborn, two other letters of June 26th and June 
39th, on the same subject. 

The Constitution of the United States declares, that ^^ Con- 
gress may provide for calling forth the Militia to execute the 
laws of the Union, suppress insurrections, and repel inva- 
sions." And the act of Congress of April 10th, authorising 
a detachment of one hundred thousand of the militia, empow- 
ers the President <^ to call into actual service any part or tha 
whole of said detachment in all the exigencies provided by 



GOFERNOR'S SPEECH. 7^ 

the Constitution." From these clauses in the Constitution 
and Law of April 10th, the President derives his authority 
to call the militia of the States into actual service ; and, ex- 
cept in the exigencies above mentioned, he can have no au- 
thority by the Constitution to do it. But tliere was no sug- 
gestion, either in the Letter from the War department a])0V6 
referred to, or in those from General Dearborn, that this State 
or Rhode Island was invaded, or in imminent danger of an 
invasion, or that either of the exigencies recognized by the 
Constitution and law of the United States existed. If such 
declaration could have been made with truth, it would un- 
doubtedly have been made. 

General D<^rborn plainly snpposes, that in consequence 
of the Act declaring War, he was authorised, by virtue of 
the power given him l)y the President, to reqnlre any part or 
the whole of our detached Militia to be called out, and march- 
ed to such places in this and the other States as he may think 
proper. If this construction of tiie Constitution is correct, 
the President and Compress will be al)le at any time, by de- 
claring War, to call the whole Militia of the United States 
into actual service, and march them to such places as they 
may think fit, and retain them in tlie service as long as the 
War sliall continue. It is declared, indeed, by tlie aforesaid 
Act of April 10th, ^^ that the said detachment shall not be 
compelled to serve a longer time than six mouths after thev 
arrive at the place of rendezvous." But if the mere Act of 
declaring War, gives a right to the National Government to 
call the Militia into service and detain them six months, it 
must give a right to detain them six years, if the war continues 
so long ; and the National Government has the same au- 
thority to call out tlie whole as a part of the militia. 

Heretofore it has been understood, that the power of the 
President and Congress to call the militia into service, Avas 
to be exercised only in cases of sudden emergency, and 
not for the purpose of forming them into a standing army, 
or of carrying on offensive war. — But according to the above 
construction, the right to employ the militia is made to de- 
pend, not upon contingenciies which the National Govern- 
ment might be unable to foresee or provide against, but upon 
its own act — upon the existence of a state of war, which the 
government has a right to declare as oftei^ and continue sp 
long as it may think proper^ 



f6 GOVERNOR'S SPEECH. 

Although many of the most impoi'tant attributes of sovereignr 
ty are given by the Constituton to the Government of the U- 
nited States, yet there are some which still belong to the State 
Oovernments. Of these, one of the most essential is the entire 
control of the Militia, except in the exigencies above mention- 
ed : this has not been delegated to the U. States, it is therefore 
reserved to the States respectively : and whenever it shall be 
taken from them, and a consolidation of the military force of 
the States shall be effected, the security of the State Govern- 
ments will be lost ; and they will wholly depend for their ex- 
istence upon the moderation and forbearance of the National 
Government. I have been fully disposed to comply with the 
requircmentsof the Constitution of the United States, and the 
\a,Yis made in pursuance of it, and sincerely regretted, that any 
request should be made by an officer of the national Govern- 
ment to which I could not constitutionally conform. But it ap- 
pears to me that the requisition aforesaid was of that character ; 
and I was under the same obligation to maintain the rights of 
the State, as to support the Constitution of the United States. 
If the demand w as not warranted by the Constitution, I 
should have violated my duty in a most important point, if I 
had attempted to enforce it, and had thereby assisted in with- 
drawing the militia from the rightful authority of the State. 
Besides, if the measure was not required by the Constitution, 
it would have been oppressive, as the Militia must have been 
called from their occupations to places remote from their homes, 
and detained in the service during the busy season of the 
year. I therefore, on the third day of July, issued a general 
order; and on the same day wrote to General Deai-born, that 
I had directed the Adjutant- General to furnish him with a 
copy of it, and that after mature reflection I had endeavored, 
in that order, to pursue the course which my duty, jn relation 
to the request contained in his letter of June 32d, required 
of me. 

Afterwards, by a letter of July 15tli, Oen. Dearborn in- 
i'ormed me, that having received ojders to leave tliesea coast, 
where he was ordered for the purpose of taking the necessa- 
ry measures for placing the towns and garrisons in a state 
of defence against the invasion or attack of the enemy, and 
to repair to Albany, it became his duty to request me to or- 
der out such part of the detached Militia as the present state 
of war required^ the number being stated in his letter of June 
22d : and that a« otlier objects would reqiyre the service of 



GOVERNOR'S SPEECH. 77 

a great part of the regular troops^ it would become liis duty 
to order them from the sea board.- — This letter I had no op- 
portunity of answering before Oen, Dearborn left the state. 
JBttt I presumed, if this 8tate was in danger of invasion, 
that the regular troops would not be ordered to Albany : 
and if they were so ordered, that the Militia were not liablft 
to be called into service, and stationed in the Forts of the U- 
nited States to do garrison duty, when no danger of invasion 
appeared. 

On the 27th of July, I received a letter from the Secretary 
of War of the 21st of that month, stating, that orders had been 
given to Greneral Dearborn to move the regular troops to the 
northern frontier, leaving a sufficient number to man the guns 
in the garrisons on the sea-board, and renewing the requisi- 
tion aforesaid. In this letter he says ^' The danger of inva- 
sion which existed at the time of issaing the order of the Presi- 
dent, increases." This expression was peculiarly guarded, as 
the order of the President was issued before war was 
declared. However, as this, and tlie last letter of Gen. Dear- 
born seemed to imply that there was some danger of inva^^ion, 
and as the measures to be taken on my part were of impor- 
tance, I thought it expedient to convene the Council, and re- 
quest their advice on the subject of the foregoing letters. Tho 
Council advised, that they were unable from a view of tiiC 
Constitution of the United States and the document^! afore 
said, to perceive that any exigency existed, which could ri*i?- 
der it advisable to comply with the said requisition. BwU as 
upon important questions of law, and upon solemn cccnsioes, 
the Goveriior and Council have authority to require the opin- 
ions of the Justices of the Supreme Judicial Court, that it 
was advisable to request the o])inion of the Supreme Court 
upon the following questions, viz. : 

1 — Whether the commanders in chief of the militia of tin; 
several states have a right to determine, whether any of tlie 
exigencies contemplated by the constitution of the U. States,^ 
exist ; so as to require them to place the militia or any part 
of it in the service of the United States, at the request of the 
President, to be commanded by him pursuant to acts of Con- 
gress ? 

S — Whether, when each of th« exigencies exist, authoriz- 
ing the employing the militia in the service of the United 
StatcS) the militia thus employed can be lawfully command- 



7^ GOVERNOR'S SPEECri. 

ed l)y any officer, but of the militia, except by the President 
of the United States. 

After the above request was made to the Supreme Court, a 
person deputed by the inhabitants of Eastport and Robinston 
on our eastern boundary applied to me, representing, that 
there were many lawless people on the borders from whom 
they had serious apprehensions of an attack ; and requesting 
that a number of tlie militia might be stationed in those 
towns. The Council advised that three companies of the 
detached militia should be called into the service of the U. 
States for their protection. On the 5 th of August, I issued 
an order for that purpose, and directed that two of the com- 
panies should be stationed at Eastport, and one company at 
Hobinston, until the President should otherwise direct ; and 
the same day, by a letter to the Secretary of War, informed 
him of the transactions aforesaid — and having received the 
opinion of the judges on the above questions, enclosed to him 
their answers — a copy of that opinion, and the letters and 
papers above referred to, will be laid before you ])y the Se- 
cretary. 

Soon after the declaration of War, several towns on the sea 
coast, applied to the Governor and Council for arms and 
ammunition, as many persons who were exempt from military 
duty were destitute of the necessary means of defence. A- 
greeably to tlie advice of the council, they were, in some in- 
stances, furnished with those articles. By inspecting the re- 
turns of the Quarter-Master-General, you will l)e convinced 
of the necessity of obtaining a further supply of small arms 
and military stores ; and the more so, as our defence on the 
sea-board seems almost wholly to be contided to the militia. 
We liave in this state several hundred miles of sea- coast, a 
number of Islands near the coast are inhabited by our citizen^; 
and more than one hundred of our towns may be approached 
by the enemy's ships. It is obvious therefore, that only a 
maritime defence can afford them full security Still, how- 
ever, we should employ such means as we possess for their 
protection ; and to this end, it w ill be necessary that the 
whole militia should be armed and equipped in the best pos- 
sible manner, and ready to march at the shortest notice ; and 
in case of invasion, that arms should be in readiness for every 
man who is able to bear them. In this way it is probable 
that our defensive force, and the general security of the sea- 
board, will be as great as if portions of the militia were drawn 



GOVERNOR'S SPEECH. 7f 

iTom every part of the state, and stationed in a few of the 
large towns on the coast. 

While the war, in which we are unhappily involved, con- 
tinues, it is to be carried on, only in the name and by direc- 
tion of the public. The people cannot act of themselves, ex- 
cept for the defence of their possessions and territories. — 
Without the commission or particular order of the govern- 
ment, they have no right to commit hostilities or undertake 
any oflensive expedition. In modern warfare, the troops 
alone carry on the Avar, while the rest of the people peacea- 
bly follow their callings, and if they refrain from hostilities, 
have generally but little to fear from the enemy's arms. 

For many years, and until within a late period, the na- 
tions of Europe have made war with moderation and gener- 
osity, and in a manner which proved that they had not for- 
gotten that their enemies Avere men, and might afterwards be- 
come friends. Indeed war is so dreadful iu its ell'ects, and 
so destructive to human happiness, tluittlie law of nature al- 
lows of it only in the utmost extremity ; and requires, that 
when it is resorted to, the persons engaged in it shall endea- 
vor to mitigate its horrors, as far as their safety will permit, by 
the exercise of justice and Immanity. Tliese priuciplas of 
the law of nature are confirmed by the precepts of the Chris- 
tian religion. 

Whatever sentiments may prevail among the people of this 
state concerning the justice or expediency of tlie present war, 
I hope and trust that they will perform tlie duties enjoined on 
them by our constitution andlaws, and that they will do noth- 
ing to obstruct the government in the constitutional measures 
they may think proper to adopt. If those measures are 
thought to be unjustifiable or particularly injurious to tiiis 
part of the union, let us cherish a contidence in tiie wisdom 
and justice of the other states, and wait with patience for tlie 
remedy provided by the constitution. In the mean time, let 
us regard Avitli abhorrence those violent person.ni outrages, 
which are fatal to the peace, and disgracelnl to tlie character 
of any people ; let us be watchful and determined to prevent 
tumults and disorders of every kind, by which our internal 
tranquility would be endangered ; and be as willing to in- 
dulge in others the right of exprressing their opinions of pub- 
lic measures, as we are to exercise that right ourselves. 

I shall readily co-^operate with you, Gentlemen, in any 
measures that may be thought conducive to the defence and 



80 ANSWER OF THE HOUSE. 

tranquility of the State, and the preservation and security of 
the Union ; and may the God of our Fathers protect us in this 
calamitous period, and guide us in the way of duty and safety. 

CALEB STRONG. 

Council Chamber, October i% 1812. 



ANSWER 



OF THE 

HOUSE OF REPRESENTATIVES. 



May U 'please your Excellency, 

The House of Representatives have considered your 
'Excellency's Address to both branches of the Legislature, 
with that attention which so important a communication is 
calculated to inspire ; and will enter upon the discharge of 
those solemn duties which have devolved on them, with all 
that moderation and candor, which are consistent with the 
obligations they are under to their constituents and their 
country. 

While freedom is driven from the continent of Europe, 
and her republics have successively fallen before that scourge 
of liberty, whose corruption or arms have spread desolation 
and slavery through the old world, the right of electing their 
own rulers, at stated periods, is still left to the people of the 
United States : A right, upon the faithful, upright and vi- 
gilant exercise of which, the continuance of our Republic 
most essentially depends. The people of this Common- 
wealth have contemplated, with anxious solicitude, the re- 



ANSWER OF THE HOUSE. ^1 

turn of that period, when the State would be again required. 
to appoint then* portion of Electors of President and Vice 
President of the United States. They have considered it 
as an event, which, by the independent exercise of the right 
of suffrage, would afford a peaceful and constitutional reme- 
dy for the multiplied evils they have so long experienced ;' 
and would restore to our unhappy country, the days of her 
former prosperity. As the immediate Representatives of the 
people, therefore, your Excellency may rest assured, that this 
House will persevere in its efforts, to enable this great Com- 
monwealth to discharge a duty imperiously required of them 
by the Constitution, and to exercise a right, at once so im- 
portant to their interests and so consonant to their wishes. — 
A recurrence to the proceedings of the former session of the 
Legislature, while it will evince the readiness of the House of 
Representatives to sacrifice their own favorite views to the 
attainment of this great object, will bear testimony to the in- 
dustry and zeal they have manifested in their endeavors to 
comply with the requisitions of the Constitution — And they 
now pledge themselves to your Excellency and their consti- 
tuents, that they will not cease their efforts to preserve to 
Massachusetts the inestimable privilege, guaranteed by that 
instrument, of appointing, in a fair and impartial manner. 
Electors of the first Magistrate of the nation. To a sterad- 
fast adherence to this determination, they will be alike in- 
duced, by their own wishes, their regard to the rights and 
interests of their constituents, the allegiance they owe to this 
Commonwealth as a " sovereign and independent State," 
their attachment to the Constitution of the United States, 
and the obligations of that oath, by which they are bound to 
its support. Should this duty therefore be neglected, should 
no mode of appointing electors l>e prescribed by the Legisla- 
ture, should the people of this State, upon this most important 
occasion, be deprived of their political consequence, and of 
the rights of citizens, and thus have imposed on them a Pre- 
sident hostile to their interests and abhorrent to their Avishes, 
the House of Representatives owe it to themselves to declare, 
that of this political sin they will be guiltless. They cannot 
however permit themselves to believe, that at a period so 
momentous to their country and the world, either branch of 
the Legislature will attempt tocontroul tlie wishes, or coun- 
teract the demands of a great majority of the people of this 
Commonwealth. 



82 ANSWER, OF THE HOUSE. 

The House of Representatives liave witnessed AVith gi'eat 
satisfactionj the course which your Excellency has adopted 
and pursued, in regard to the requisition of Major-Genei'al 
Dearhorn, for a part of the quota of the militia of this Com- 
monwealth ; and it is due to your Excellency to declare^^ 
that the conduct of the Executive, upon this interesting sub- 
ject, has met the unqualified approbation, not only of this 
House, but of the great body of the People. While, on the 
one hand, it has discovered a sincere desire to comply with 
the requisition of the Constitution of the United States, and 
the laAvs made in pursuance tliereof, it has equally evinced 
a determination to protect, the citizen against all unconstitu- 
tional encroachments, and to maintain tlie rights of the 
State, as secured and recognized by that Constitution. By 
the Constitution, Congress are wisely entrusted, not only 
with the right of declaring war, but with tliepower of raising 
such forces, both by sea and land, as may be necessary for 
its vigorous prosecution. By a discreet and judicious exer- 
cise of these important powers, the national government may, 
at all times, place themselves in such a state of preparation, 
as to render the aid of the militia tinnecessary in the com- 
mencement of an offensive war, deliberately declared by 
themselves ; and the power to call the militia into service 
was never intended to be exercised, except in cases of sud- 
den emergency, or for the purposes of defence ; not with a 
view of forming them into a standing army, or to prosecute 
in war of conquest. Any other construction of the Constitu 
tion than that which your Excellency has adopted, would ex 
pose the citizens to be torn from their homes, whenever the 
general government might think proper to declare war ; and 
to be ret^iined in the service of the United States, as long as 
the w\ir might continue; while, by thus depriving the Com- 
monwealth of all their means of protection and defence, every 
essential attribute of State sovereignty would be completely 
destroyed. The Commonwealth of Mai^sachusctts have ne 
ver surrendered to the General Government the power to call 
forth their militia, excepting to execute the laws of the Union, 
suppress insurrection, and repel invasion; and whenever this 
call is made, it is not only the right of the Commander in 
Chief, buthis.sacred duty, to determine whether either of those 
exigencies exist. The citizens of this Commonwealth will 
long cherish grateful recollections of the faithful and inde- 
pendent manner, in which your Excellency has dischaivged 



ANSWER OF THE HOUSE. 3 

this important trust. And the papers and documents, upon 
this subject, referred to in your Excellency's comrartnication, 
shall receive from the House of Hepresentatives all that at- 
tention which their importance requires. 

While the troops of the United States are withdrawn from 
our garrisons and harbors, and our extensive sea coast is left 
destitute of a maritime defence, the House of Representatives 
will endeavor to furnish all the means of protection in their 
power, by supplying every citizen with such arms and mili- 
tary stores, as their situation may require. Still, however, 
it is obvious, that maritime protection only, can afford full 
security to the numerous towns which are exposed to the 
enemy, and the Islands which border on our coast. 

The House of Representatives are not witliout hope, that 
their own experience will satisfy the national government. 
of the necessity of a naval force ; for Avhile disaster and de- 
feat have attended our arms on the land, a recent occurence 
has borne honorable testimony to the skill and bravery of 
our gallant seamen. 

The House of Representatives deem it unnecessary, at this 
time, to enter into a consideration of the avowed causes of 
that unhappy war in which our country is engaged. Tliey 
cannot, however, refrain from expressing their surprise and 
regret, that although the principal cause for its declaration 
has ceased, by the revocation of the British Orders in Coun- 
cil, no disposition has been manifested by our rulers, to 
bring it to a peaceable termination ; and the United States 
now present the novel spectacle of a nation, professedly con- 
Lending for the rights of commerce, and by that contest anni- 
hilating its beneiits, while, if the declarations of our own gov- 
ernment ])e correct, that tlie French decrees are repealed, we 
might at this moment, enjoy an unrestrained commerce with 
all parts of the globe ; contending too with a nation, vf hose 
downfall would be attended by our own suhjii^^afion : and in 
concert with that power, whose triiimjjh w ould bind us in 
chains. In such a war, commenced without preparation, and 
prosecuted as it has been with a mixture of imbecility nnd 
rashness, it is not surprising, that those who mast endure it:^ 
privations, and Avho foresee its dreadful consequences, should. 
from the best principles of patriotism, proclaim its inexpr 
dicncy, and doubt its justice. Upon this su])jcct, tise Hous« 
of Representatives have fully expressed their opinions on 
a former occasion : r\m\ thev hnve onlv now to ^<](l, that ]»v 



84 ANSWER OF THE HOUSE. 

the events which have since transpired, both at home and 
abroad, those opinions have been strengthened and confirmed. 

In a government like ours, public sentiment alone must ar- 
rest the progress of those calamities, which the measures of 
the administration might produce. This House, therefore, 
have viewed with detestation and abhorence, the attempts 
which have been openly made in a distant state, to overawe 
public opinion, by lawless force, and to silence the freedom 
of the press by personal outrage. 

The House of Representatives assure your Excellency, 
that they will be unceasing in their efforts to maintain the 
tranquility of this Commomvealth, to secure to the citizens, 
the liberty of speech, the freedom of the press, and the rights 
of election ; to assuage the asperity of party animosity ; to 
mitigate the calamities of war, by the exercise of justice and 
humanity ; to preserve the union of the States in the gen- 
uine spirit of the constitution ; and, by the blessings of 
heaven, to restore to our suffering country, prosperity and 
peace. 



ANSWER OF THE SENATE. 



*May it please your Excellency, 

The communication wliieh you have been pleased to 
make to the Legislature at the opening of the present sessional 
will meet from the Senate with that respectful consideration, 
which its authority and the importance of the subjects it con- 
templates, eminently demand. The duties of Legislators, at 
all times arduous, have become at the present interesting cri-. 
sis of our country, peculia.ily imposing. The people with 
anxious solicitude are looking to the measures of governmeni; 
for immediate protection : and a government faithful to prin- 
ciple, and singly regardful of the interests of the people, will 
not disappoint their reasonable expectations. Upon the 
Legislatures of the several States, the Constitution has de- 
volved a most important and responsible duty in the designa- 
tion of the mode of appointing Electors of President and 
Vice President of the United States, for the discharge of 
which the Legislature of Massachusetts is now specially cun- 
vened. That this duty is imjierative, is most obvious from 
the language, by which it is enjoined. It is a high and dis- 
tinguished privilege, secured to the people by their Charter 
of government, that the Executive should be nested by their 
will, and act responsible to their ])ower. The riglit of elec- 
tion cannot be denied to them. The mode of the exercise is 
only left to be prescribed by the Legislature. If this were 
optional, to be complied with or neglected, the right would 
cease, and the election become arbitrary in the government, 
a matter either of convenience to the Legislature, or of indul- 
gence to the people. On the present occasion, the mem1)ers 
of the Senate feel solicitous only to acquit their obligations 
to their constituents a-ud their country, in the adoption of 
such mode, as is consistent with the spirit of the Constitu- 
tion, and congenial with the feelings, tlie situation and the 
best interests of the inhabitants of the State. In acting 
thus, they will on their part comply with the imperjitive lan- 
guage of the Constitution 5 and should the selfishness of i-n- 



86 ANSWER OF THE SENATE. 

trigue^ or the pertinacity of opposition defeat their pui*j)ose^ 
they will cheerfully submit their responsibility for conse-- 
quences to the discernment and justice of the nation. 

In pursuance of the authority delegated by the Constitu- 
tion, and in tlie exercise of a discretion coniided in by the 
people, the Congress of the United States have placed this 
countrj' in the character and attitude of a belligerent with 
Great-Britain. This new situation has already presented 
unexpected events, and brought into operation novel princi- 
ples. It is also calculated to draw the efficiency of the gov- 
ernment to a hitherto untried test, and to prove its competen- 
cy or inadequacy to self preservation. In the view taken by 
your Excellency of the subject of the requisition by the Pres- 
ident of the United States, of a portion of this States' quota 
of the detached militia, is a striking illustration af the re- 
mark, that as yet, the experiment upon the value of our form 
of government, has been altogether imperfect. A similar 
demand was made of the Executives, of most if not of 
all the States in the Union, and while on the part of some, 
there was a prompt, zealous and patriotic compliance, which 
in a period of common danger spurns at etiquette, and dis- 
dains complaint, on the part of others, there has been a cold, 
reluctant and unaiding assent, or cautious, doubting and equi- 
vocal refusal. To believe the conduct of the National Ex- 
ecutive, sanctioned by the conforming measures of most of 
the State authorities, jilainhj unconstitutional, would re- 
quire more distrust of their patriotism and our own intelli- 
gence, than the members of the Senate are disposed to enter- 
tain. If the language of the Constitution be of equivocal im- 
port, confidence should yield its support to the measures of 
government. The hour of danger is not the tit time for ab- 
straei speculation, and to decide principles by views to po- 
litical policy, would be hardly more rational than satisfac- 
tory. The vigilance with which your Excellency would 
guard the sovereignty of the State, is a sure guarantee for 
its present integrity; but the jealousy with which your Ex- 
cellency regards the authority of the JSTaiional Administra- 
tion, might suggest an apprehension for the safely of the 
Union. If the existence of the exigencies provided for by 
the Constitution, as authorizing a requisition I'br the militia, 
is made dependent upon the information or opinion of the 
Executives of the several States, there must be a want of 
harmony and eiSciencv in the government. From situation. 



ANSWER OF THE SENATE. 87 

the Executive of one State would have earlier and more pre- 
cise intelligence than that of another ; and upon the same 
information^ there would often be a diversity of action. The 
rope of sand, which connected the old Confederacy, would 
be a chain of adamant, in comparison with the obligation 
which should thus secure the fidelity of the several States to 
the Union. The Constitution, in the apprehension of the 
Senate, anticipated occasions for which the providence of 
Congress could not prepare. A resistance to law, sudden 
insurrection and hostile invasion are exigencies, for v/hich a 
prospective remedy may be provided, and CoiVgress are in- 
vested with authority to adopt means, at all tiu>es, for its ap- 
plication. To defy the event of danger, to slumber in the 
garrison, while the outposts are carried, to disregard threat- 
ening, until violence succeeds, would be the consummation 
of political folly. Must we wait to be invaded before we 
prepare for resistance ? And is the act of preparation less le- 
galized, because it anticipates and defeats the occasion ? A 
detachment of the militia may be required, and from the mere 
requisition its necessity may be superceded. What an ene- 
my may not accomplish by surprise, it will often not attempt. 
If it be denied to the National Executive to decide upon the 
necessity of a detachment of militia, it will render indispen- 
sable the support of a standing army. The causes of dangci 
mostly result from our foreign relations. These are first and 
best known to the National Executive, and not only would 
their communication often be improper, but in cases easy to 
be conceived, would jeopardize the safety of the nation. To 
confide then to the Executive of the several States, the pre- 
rogative of deciding upon such Presidential requisition, 
would imply information which the Constitution has denied, 
and the existence of powers, which can be realized efficient- 
ly by the permanent authority only. The Senate therefore 
learn with regret, that they are constrained to dissent rom 
the opinions of your Excellency, on this most important sub- 
ject. It would have been more to tlieir satisfaction, that the 
patriotic and valorous spirit of the Militia of Massachusetts 
should have been permitted to participate in vindicating the 
rights of an abused and insulted country. That tlierc was 
occasion, the Senate are informed by your Excellency's com- 
munication. The State of Massachusetts, a component part 
of a nation at War, having '^^ several liundred miles of sea 
const. Islands near the coast ivhahitrd hi/ Citizens^ and marc 



88 ANSWER OF THE SENATE. 

thnii one hundred towns ichich may be approached by the en- 
emfs sJnps/^ must be in peculiar danger of invasion, and 
have tlie most urgent demand for that protection to wliich 
yonr Excellency seems aware, " our defence on the sea-board 
is almost wholly to be confided /" Should the danger not he 
removed, the Senate confidently anticipate the co-operation 
of your Excellency with i]m National Executive in those 
m ensures of self-preservation, which tlie exposed situation 
of our sea-hoard imperiously require, and with tliis view 
will cliecrfuily comply with the recommendation of your Ex- 
cellency in providing for the supply of arms and equipments 
necessary to a perfect and efficient state of preparation. 

May rl please yo7ir Excellency — The Avar in which the 
United States are engaged, results from the injustice and ag- 
gressions of a nation, to which, in our love for peace, we 
have denied nothing hut the sacrifice of our so\'ereignty and 
Independence. Our commerce had become the sport of Bri- 
tish rapacity, and our citizens, victims to a cruel and relent- 
less iyr.inny, negoeiation had failed, patience was exhaust- 
ed, and hope of peaceable redress was extinct, ere a resort 
was had to arm^> — The appeal was made by Congress to the 
patriotism of the people. In the proportion that they value 
tlieir liberties, Avith the same ardor that they cherish the 
blessings of peace, should ])c their devotion to this just and 
necessary Avar. Yigor in its prosecution Avill accelerate its 
desirable issue. Let the arm of Government be strengthen- 
ed by the consentaneous Avill of the people, and the contest 
Avill soon be finished. It is upon our oAvn divisions that the 
enemy may triumph. Union is more to us than armies with 
banners ; and the spirit of patriotism than weapons of war- 
fare ! 

The Senate accord with the sentiment of your Excellency, 
'^ that the laws of nature and the precepts of the christian 
religion aliP:e command tlie endeavor to mitigate the horrors 
of war, as far as safety will permit, by the exercise of justice 
and humauity^^ — and with the highest indignation, have Avit- 
nessed, Avithin a late period, a violation of these solemn obli- 
gations by the nation Avith Avhich we are contending. The 
employment of Savages Avhose native ferocity inspires Avitli 
terror even Avhen restrained, but spreads desolation when 
incited to action, is an outrage upon the first principles of 
civilization AA^hich since the period of the resolution, until 
the present war, has not been repeated. The butchery oT 



ANSWER OF THE SENATE. S9 

women and children, the scalps of old men and of infants 
are triumphs and trophies, of which an infidel nation would 
scorn to boast. And lias the enemy deserved this reproach ? 
Lest history be unfaithful in its record, for it is upon a peo- 
ple proud of ilmiv lieligion, that the stigma is to be reflected. 
In a government of popular existence, the administration 
of which is directed by the will of the people, it is reason- 
ably to be expected, that there will be great diversity in opin- 
ion, and boldness and ardor in expression. This is as es- 
sential to the continuance of the republic, as it is grateful to 
the minds of freemen. The Constitution has provided for 
a peaceable redress of wrongs, and for a certain correction 
of oppressive and arbitrary measures, by the opinions and 
suffrages of the people. A recourse to violence in opposition 
to law, can therefore never be necessary, and in no event is 
to be justified. The late most unhappy' and dreadful com- 
motion in the capital of a sister state, is an alarming and 
monitory illustration of the total insecurity of all personal 
privilege, against the fury and madness of an excited and un- 
governed populace ; and has furnished a precedent, which 
the state of Massachusetts must ever blush to acknowledge, 
has met witli countenance from some of lier citizens, in the 
insults and indignities more receutl v oifered to public officers. 
Yoiir Excellency may be assured of tlie sacred regard, in 
wliich the Senate of Massachusetts hold the right of opin- 
ion and tlie freedom of discussion, and of tlie soleiau deter- 
mination to pursue sucli measures in their individual as w eil 
as offi'v-ial character as shall resti'ain personal outrage, pre- 
serve order, and maintain the supremacy of law. 



RESOLVES. 

Odtober, 1812. 



CHAP. LXIV. 

Resoli^e on the Petition of James Freeman and others. 
19tli October, 1812. 

On the petition of James Freeman, Nathan Nye and 
Samuel Fessenden, present Committee of the first precinct 
in the town of Sandwich, praying that Branch Dillingham, 
and Zenas Nye, Constables of said town, may be authorized 
to collect the present tax of said precinct for the present 
year A. D. 1812. 

Resolved^ for reasons set forth in said petition, that the said 
Dillingham and Nye be, and they are hereby authorized and 
empowered to collect the said precinct tax which has been 
committed to them ; and that the same authority is hereby 
given them for that purpose, as if they had respectively been 
legally chosen Collectors of taxes for said precinct. 



CHAP. LXV. 

Resolve com firming the doings of the town of Lebanon, County 
of York. 19th'October, 1812. 

On the petition of a Committee in behalf of the town of 
/Lebanon, in the County of York, praying a confirmation of 



PET. OF N. LAWRENCE— Odober 19, 1812. 91 

the acts and proceedings of the Selectmen, Assessors and 
Town Clerk of said town. 

Resolved f for reasons set forth in said petition, that the se- 
veral persons, purporting to be chosen to tjie respective town 
offices in said town of Lebanon, at the last annual meeting 
of the inhabitans of said town for the choice of town officers, 
be and hereby are considered as the legal officers of said 
town to all intents and purposes, notwithstanding any omis- 
sions or illegalities in the proceedings of said meeting, or in 
the acts and proceedings of said town at any former period. 

Resolved fiLrfher, That the Collectors of said towu of Le- 
banon for the year 1811, be and hereby are authorized to 
complete the collection of the taxes contained in their respec- 
tive rate bills in pursuance of warrants to them respectively 
. directed, notwithstanding any defects in said warrants by 
reason of having no seals affixed to the same. 



CHAP. LXVL 

Resolve on the Pet if ion of JVathaniel Lawrence, Executor 
to the Will of JSTathaniel Soden. 19th October, 1813. 

On the petition of Nathaniel Lawrence, Executor of the 
last will and testament of Samuel Soden, late of Watertown, 
yeoman, deceased, stating that he duly complied with the 
direction of law in posting up notiucatioiis of his appointment 
and in advertising t]ie same in the public newspapers, as or- 
dered by the Judge of Probate for the County of Middlesex, 
but that through mistake of the lav,', he did not file his affida- 
vit of his doings before said Judge within three mouths from 
the time of undertaking that trust, but did file the same 
afterwards : 

Resolved, That the affidavit of the said Nathaniel Lawrence, 
made and filed in the Probate Office of the County of Middle- 
sex on the seventh day of October, in the year of our Lord 
one thousand eight hundred and twelve, shall be valid in law 
to all intents and purposes, in t]ie saine manner as if the 
same had been made and filed by him within three months 
after his undertaking of the said trust of Executor to the said 
Samuel Soden. 



92 PET. OF JOHN CARTRIDGE— October 19, 1812. 

CHAP. LXVII. 

■Resolve on the Petition of John Partridge, Mministrator on 
the estate of Joshua Davis. 19th October, 181S. 

On the petition of John Partridge, Administrator with th6 
will annexed, on the estate of Joshua Davis, late of Sidney, 
in the County of Kennebeek, gentleman, deceased, shew- 
ing that the said Davis on the second day of April, A. D. 1801, 
then in full life, did by his certain agreement of that date, 
bargain and sell to Thomas Thorn, of Lisbon, in the Coun- 
ty of Lincoln, yeoman, .a certain tract of land, lying in 
said Lisbon, bounded thus, viz. beginning at the south- 
erly corner of land belonging to James Small ; thence run- 
ning northerly on said Small's line, two hundred and forty 
poles ; thence running easterly sixty six poles and two 
thirds of a pole ; thence running southerly by land belonging 
to Lewis Cushman, two hundred and forty poles ; thence 
running westerly on the north line of the Hallowell Right, 
so called, sixty six poles and two thirds of a pole, to the first 
mentioned bounds, containing one hundred acres more or 
less ; and shewing further, that the said Thorn had made 
several payments to said Davis in his lifetime, and since his 
flecease, said Thorn has paid the residue to the said admin- 
istrator, but the said Davis died before he executed a deed 
thereof, and prays this Court, that he, the said administrator, 
may be authorized to make and execute a deed accordingly. 
Therefore resolved, for reasons set forth in said petition, 
that John Partridge, of Sidney, in the County of Kennebeek, 
aforesaid, administrator on the estate of said Joshua Davis, 
be, and he here])y is authorized and empowered to make and 
execute in due form of law, a good and sufficient deed of the 
aforedescribed premises to said Thomas Thorn, his heirs and 
assigns forever, and to warrant and defend the same to the 
said Thorn, his heirs and assigns forever, against the laAV- 
•ful claims and demands of any person or persons whatsoever, 
in as full and ample manner as the said Joshua Davis could 
have done in his lifetime. 



PET. OF J. R. GOULDING— Odoftcr 20, 1812. 93 

CHAP LXVIIT. 

Resolve on the Petition of John Rice Goulding, discharging 
him of an Execution. SOtli October, 181S. 

On the petition of John Rice Goulding, praying to be tlis- 
charged from a judgment in favor of the Commonwealth, 
and execution issued thereon, by which the said John is now 
imprisoned in the common gaol in the tow n of Worcester : 

Resolved, for reasons set forth in said petition, that the said 
John Rice Goulding be, and he hereby is discharged and 
fully released from the said judgment and execution, and 
that the Sheriff of the County of Worcester be, and he here- 
by is authorized and empowered to discharge the said John 
Rice Goulding from his imprisonment on the said execution : 

Provided, however, that tlie Commonwealth shall not be 
subjected to any cost or expense which may have accrued for 
the support of the said John during his confinement thereon. 

CHAP. LXIX. 

« 

Resolve on the Petition of Edmund Eastman^ a Member of 
the House of Representatives, granting him JSS^. 
October 20th, 1812. 

On the petition of Edmund Eastman, a Member of this 
House from the tow n of Limerick, praying to be allowed for 
travel and attendance as such at the last session of the Gen- 
eral Court, altliough he was not present, having been taken 
sick on his w^ay to attend the sam^e, and confined thereby for 
more than tw^o months : 

Resolved, for reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Commonwealth 
to the said Edmund Eastman, the sum of eighty four dollars, 
in full compensation of his claim in the premises. 



94- PAY OF COUNCIL, Scc—Odober 20, 18I2. 

CHAP. LXX. 

Resoli^e for 'providing for the pay of the Council, Senators 
and Mouse, ^c. 20tli October, 1812. 

Hesolved, That tliere be allowed and paid out of the Trea- 
sury of this Commonwealtli, to each Member of the Council, 
Senate and House of Representatives, two dollars per day 
for each and every day^s attendance tJie present session, and 
the like sum for every ten miles travel from their respective 
places of abode to the place of the sitting of the General 
Couri 

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



CHAP. LXXI. 

Mesolue for Districting the CommonweaW.i for the purpose 

of choosing Electors of President and Vice President. 

23d October, 1812. 

Bcsolved by the Senate and House of Representatives in 
General Court assembled, and by the authority of the same, 
That for the purpose of choosing Electors of President and 
Vice President of the United States, this Commonwealth 
shall be divided into six Districts, as follows : — The Coun- 
ties of Suftblk, Essex and Middlesex, shall form one Distri'ct 
and choose live Electors ; the Counties of Worcester, Hamp- 
shire, Hampden, Franklin and Berkshire, shall form one 
Bistrict and choose six Electors ; the Counties of Plymouth, 
Bristol, Norfolk, Barnstable, Dukes County and Nantucket, 
shall form one District and choose four Electors ; the Coun- 
ties of York, Cumberland and Oxford, shall form one Dis- 
trict and choose three Electors ; the Counties of Lincoln, 
Kennebeck and Somerset, shall form one District and choose 
three Electors ; and the Counties of Hancock and Washing- 
ton, shall form one District and choose one Elector. 

And be it further resolved, that the Selectmen of the se- 
veral ToAvns and Districts, and the Assessors of the se- 
veral Plantations in the respective Electoral Districts before 



DISTRICTING FOR ELECTORS— Odoio- ^2, 1812. 95 

described, shall in manner the law directs for holding town 
Meetings^ and by five days previous notice (which shall be 
sufficient for this purpose, any law or usage to the con- 
trary notwithstanding) cause the inhabitants thereof, duly 
qualified to vote for Representatives to the General Court of 
this Commonwealth, to assemble on Thursday the twelfth day 
of November next, to give in their written or printed votes to 
the Selectmen, or Assessors, whose duty it shall be to preside 
in such meeting, for the number of persons as Electors assign- 
ed to such Districts respectively, not being Senators or 
Representatives in the Congress of the United States or per- 
sons holding any office of trust or profit under said United 
States ; and the said Selectmen or Assessors, or the major 
part of them, shall, in open town meeting, sort and count the 
votes and form a list of the persons voted for, with the num- 
ber of votes for each person against his name, and shall make 
a public declaration thereof in said meeting, and shall in 
presence of said inhabitants seal up copies of said list and 
transmit the same to the office of the Secretary of the Com- 
monwealth, on or before the twentieth day of November next ; 
and on the tWenty-first day of November next, the Governor 
and Council, then in session, shall examine said returns 
and determine and declare, who are elected from each Dis- 
trict by a majority of the votes in said Districts respectively ; 
and in case the number of Electors hereby appointed to each 
District shall not be chosen by a majority of votes, it shall 
be the duty of the Governor and Council to ascertain from 
the returns of votes, the persons or person who shall have 
the highest number of votes returned from such District, and 
to declare as many of such persons, having such plurality 
of votes, as shall be equal to the deficient number, duly 
elected for such District. 

^nd be it further resolved., That his Excellency the Gov- 
ernor be, and is hereby requested fortlnvith to transmit to 
each person so chosen Elector, a certificate of said choice ; 
and that said Electors be, and hereby are directed to meet 
on the first Tuesday of December next, at the State House 
in Boston, at four o'clock in the afternoon : and in case of 
t!ic death or absence of any of the Electors, the deficiencies 
shall immediately be supplied from the people, by a majority 
of votes of the Electors present ; and the Electors, there- 
after, on the first Wednesday in December next, shall vote by 
ballot for one person for President, and for one person for Vice 
4 



m DISTRICTING FOR i<.LEC'rORS— October 22, 1812. 

]?resideiit of the United States ; and that for their travel and 
atteudaiice, they shall receive the same compensation as 
Members of the Senate are entitled to. 

And be it fiij'tlier resolved, That if the Selectmen of any 
Tovv n or District, or the Assessors of any Plantation in the 
Commonwealth, shall ne2,lect to transmit the list of votes of 
said Town, District, or Plantation, in manner aforesaid, 
to the Secretary of the Commonwealth, on or before the 
twentieth day of November next, each of said Selectmen or 
Assessors so neglecting, shall forfeit and pay a sum not ex- 
ceeding five hundred nor less than one hundred dollars : 

Provided, That if the Selectmen or Assessors aforessid, 
shall transmit to the Sheriff of the County in which such 
iTown, District or Plantation shall lie, the votes of such 
Town, District Or Plantation, on or before the fourteenth day 
of said November, the said Selectmen shall be excused 
from the penalty aforesaid ; and it shall be the duty of the 
Sheriffs of the several Counties in tliis Commonwealth, to 
transmit the votes by them respectively received from the 
Selectmen or Assessors of the several Towns, Districts and 
Plantations, to the Secretary of the Oommomvealth, on or be- 
fore the said twentieth day of November next ; and any 
Sheriff lieglecting to return the votes by him I'eceived as a- 
foresaid, within the time aforesaid, shall forfeit and pay for 
anysucii neglect, a sum not exceeding one thousand nor less 
than five hundred dollars, and the Sheriff shall be allowed 
and paid out of the Treasury of this Commonwealth, the 
sum of ten cents for each mile's travel to and from the town 
of Boston, in transmitting the votes aforesaid. 

And be it further resolved, That the penalties herein pro- 
vided, may be prosecuted for and recovered by indictment 
or by action on the case, in the Supreme Judicial Court, or 
Circuit Court of Common Pleas, one moiety thereof to the use 
of the Commonwealth, and the other moiety to him or them 
who may complain, prosecute or sue for the same. 



PKT. OF ASA LVDDENS— October 23, 1S12. 9? 

CHAP. LXXII. - 

iiesolve on the Petition of Asa LuddenSf discharging him 
from up, Execution. 23d October^ 1812. 

Upon the representation ai|d petition of AsaLiiddenSj sta- 
ting that an execution was issued against him upon a judg- 
ment recovered by the Commonwealth against him, the said 
Iiuddens, at the March term of the Supreme Judicial Court, 
in the County of Suffolk, in the year of our Lord 1311, and 
praying, for reasons set forth in said petition, to be dis- 
charged therefrom. 

Resolved, That the Sheriff of the County of Hamp- 
shire, or his Deputy, in whose hands the said execu- 
tion now is, be, and he is liereby directed, upon the pay- 
ment of all costs included in said execution, and his fees, to 
discharge the said execution, that the said Asa Luddens be 
therefrom fully acquitted, and discharged from t]ie same. 



CHAP. LXXIII. 

'Resolve on the Petition of Josiah Batckelder, aUoiring fur- 
ther time for jpayment of his bond. 33d October, 1812. 

On the petition of Josiah Batchelder, of Boston, in the 
County of Suffolk, shewing, that he on the fifth day of 
August, in the year of our Lord one thousand eight hundred 
and nine, contracted with the Agent for the sale of Eastern 
Lands, to purchase a tract of Land, containing twcnty-eiglit 
thousand eight hundred twenty two acres, and gave in 
part payment for the same, his four obligations, amounting 
lo four tliousand three hundred twenty dollars, paya])le in 
four equal annual payments, the last of which v.ill expire v"?a 
tiie fifth day of August, in the year one thousand eiglitliuu- 
dred and thirteen, and praying for an extension of time for 
completing the payment of his said obligations, and also for 
effecting a settlement o^ the tract according to tlie terms of 
the contract, and of the deedi to be given in pursuance of 
Ihe same. 

Resolved by the Seriate and Jlonse of Representatives in 
(ienrr/rl Court as.semMed, and hj the authority (f the same. 



91^ PET. OF W. YAilWELL— October ^3, ]812. 

That the said Josiah Batcheldcr be, and he is hereby allow- 
ed the further term of two years from the fifth day of August 
next ensuing, to complete the payment of tlie balance which 
may then be due from the said Batchelder to the Common- 
wealth on the obligations aforesaid, he, the said Batchelder, 
paying interest thereon according to the terms of the said 
contract ; and also that he, said Batchelder, be allowed the 
further time of two years, in which to eiFect the settlemen t 
of twenty families on the said tracts, after the term shall 
have elapsed which is mentioned in the said contracts. 

Provided, nevertheless, that the said Batchelder, his heirs 
or assigns, shall on or before the first day of September next, 
give bond to this Commonwealth in the sum of four hundred 
dollars, with sufficient surety or sureties to the satisfaction 
of the Agents for the sale of Eastern Lands; conditioned 
that the number of families required by said original contract 
to be settled on said land, shall w ithin the said term of two 
years be settled on the same, or for the payment of thirty dol- 
lars for each family which shall then be deficient of the 
whole number. 



CHAP. LXXIV. 

Resolve on the Petition of William FarwelL 
23d October, 1813. 

On the petition of William FarwcU, of Fitchburg, in the 
County of Worcester, praying that the disabilities he is un- 
der in consequence of having been convicted at the Supreme 
Judicial Court, begun and holden at Worcester, within and 
for the said County of Worcester, on the third Tuesday of 
April, in the year of our Lord one thousand eight hundred 
and ten, of having in his possession, within this state, false, 
forged and counterfeit bank bills, with intent to pass the 
same, knowing the same to be false, forged and counterfeit, 
may be removed. 

Pesolved, for reasons set forth in said petition, and tlie 
certificate thereto subjoined, that the disabilities the said 
William Farwell is under, in consequence of the said con- 
viction, be removed, and that he be restored to all legal 
rights and privileges of a citizen of this Commonwealth, 



GOV. TO EM PLOT:' EXPRESSES— Or/o&cr 23, 1812. 99 

to which he would be entitled had he never been convicted 
as aforesaid. 



CHAP. LXXV. 

Resolve authorizins; the Governor to emploij Expresses. 
l3d October, 1813. 

Resolved, That his Excellency the Grovernor be, and 
hereby is authorized to employ such Express riders, or other 
means as to him, with advice of Council, may appear expe- 
dient, for the purpose of communicating to the Towns, Dis- 
tricts and Plantations of the Commonwealth, the resolution 
providing for the choice of Electors, and also of facilitating 
the returns of votes to the Secretary's office ; and that a sum 
not exceeding five hundred dollars be appropriated for this 
purpose, for which sum his Excellency the Governor is 
hereby authorized to draw his warrants on the Treasurv. 



CHAP. LXXVI. 

Resolve an the Petition of John Marston, directing the 

Treasurer to issue a new State JVote. 

23d October, 1812. 

On the petition of John Marston, stating that lie Ims in 
his possession, a State Note which has been altered, and 
praying for a new Note for such sum as shall be found to be 
due. 

Resolved, That the Treasurer of this Commonwealth be, 
and he hereby is authorized and directed to receive of the 
said John Marston, a consolidated State Note, numbered 
twenty thousand five hunch-ed and thii-ly-one, at the sum of 
four pounds and fourteen shillings, being the sum for which 
it originally issued, upon the loan authorized by an act 
passed February 7? 179*? calculating the interest thereon 
agreeably to the direction of said act. 



100 PET. OF EZRA KINGMAN— Oc/oier 24, 1812. 

CHAP. Lxxvn. 

Resolve on the Petition of Ezra ICingmany authorizing 

JVatha7iiel Thompson to execute a Deed. 

a^th October, 1813. 

On tlie petitiotn of Ezra Kingman, stating that he pur- 
chased two certain lots of Land of one Isaac Chamberlain, 
late of Bridge Avater, in the County of Plymouth, deceased, 
and took his promise in writing, but without seal, for a 
Deed, and that the said Isaac died, without having given 
said Deed, praying that the said Land may be confirmed to 
him. 

Resolved, That Nathaniel Thompson, Esq. of Halifax, in 
the County of Plymouth, aforesaid, Administrator on the 
Estate of the said Isaac Chamberlain, deceased, be, and he 
hereby is authorized and empowered to make and execute a 
Deed or Deeds of the said lots of Land to the said Ezra 
Kingman, describing them according to their true boundaries, 
and the said Deed or Deeds so made and executed, shall 
give to, and vest in the said Ezra, as good a,nd perfect title to 
saitl Lands and their appurtenances, as if the said Isaac had 
given and executed a Deed thereof to the said Ezra, accord- 
ing to his said promise in writing. 



CHAP. LXXVIII. 

Resolve on the Petition of Elijah Robinson and Wife. 
24th October, 1812. 

On the petition of Elijah Hobinson, and Charlotte, his 
Mifc, praying tk at they maybe authorized to make and exe- 
cute a Deed of a certain tract of Land, lately sold by her 
lather, now deceased, to John Whitmore. 

Resolved, Tliat Elijah Robinson, of Vassalborough, in 
the County of Kennebeck, and Charlotte, his wife, be, and 
rhcy hereby are authorized and empowered to make, execute 
and deliver unto John Whitmore, of Bowdoinhara, in the 
County of Lincoln, a good and lawful Deed of a certain lot 
of Land lying in said Bow doinham, containing about one hun- 
dred acres, and bounded (according to the report of Commis- 



PET. OF LEE TINKER— Gc^oJer 24, 1812. 101 

sioners) westerly by Robert Jack's land ; southerly by Robert 
Patten's land ; easterly by land formerly owned by Captain 
Maxwell ; and northerly by James Williams' land, and lies 
between the McKenney lot, so called, and a lot of land sold 
by Joshua Davis, father of the said Charlotte, to Robert Pat- 
ten, which said land to be conveyed as aforesaid, appears to 
liave been sold and bargained to be conveyed to the said 
Whitmore by the said Davis, who afterwards died, without 
having legally conveyed the same,and such Deed so to be made, 
executed and delivered by the said Elijah and Charlotte, as 
aforesaid, shall make and vest in the said Whitmore as good 
and valid a title to said lands and their appurtenances, as if 
the said Davis, had made, executed and delivered such 
Deed. 



CHAP. LXXIX. 

Resolve on the Petition of Lee Tinker , authorizing Stephen 
Sjjelmayi, to execute a Deed. 34th October, 181S. 

On the petition of Lee Tinker, of Granville, in the 
County of Hampden, setting forth, that in the life time of his 
brother, Martin Tinker, late of Granville, aforesaid, deceas- 
ed, he, the said Lee, purchased of the said Martin, a certian 
lot of Land, lying m said Granville, containing about twenty 
acres, and bounded south on lands of William Marvin ; west 
on a County road ; north on land of Nathan Cald- 
well ; and east on lands of the heirs of said Martin, deceas- 
ed, and that the said Lee paid to the said Martin in his life 
lime, the full consideration for the said land, viz. four hun- 
dred and seventy dollars ; and that the said Martin died 
without having executed a Deed of the said premises to the 
said Lee Tinker. 

^ Therefore resolved, That Stephen Spelman, of said Gran- 
ville, Administrator on the Estate of said Martin Tinker be,and 
he is hereby authorized and empowered to make and execute 
a good and sufficient Deed of the Land above described, to 
the said Lee Tinker ; and such Deed, duly acknov, ledged 
and recorded, shall give as good a title to the said Land, to 
all intents and purposes, as if the same had been duly exe- 
cuted by the said Martin Tinker in his life time. 



102 PAY TO ASS. MESSENGERS— 6'c/o6er 24, 1812. 
CHAP. LXXX. 

Resolve allowing Pay to Sylvanus Lapham, Assistant to the 
Messenger of the Ge^ieral Court, S4^th October, 1812. 

Resolved, That there be allowed and paid out of the pul)-. 
lie Treasury of this Commonwealth, unto Sylvanus Lapham, 
Assistant to the Messenger of the Greneral Court, one 
dollar per day during tlie present session of the Legislature, 
over and above the usual allowance to him. 



CHAP. LXXXI. 

Resolve allowing Pay to John Perry ^ Assistant to the Mes- 
senger of the General Court. 34th October, 181S. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, to John Perry and Warren 
Chase, Assistants to the Messenger of the General Court, 
one dollar per day each, during the present session of the 
General Court, over and above the usual allowance to them. 



CHAP. Lxxxn. 

Resolve granting Jacob TCnhn S400 to vurclmse Fuel for the 
General Court, ^c. 24th October, 1813. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to Jacob Kuhn, Messenger of the General 
Court, the sum of four hundied dollars to enable him to pur- 
chase Fuel and such other articles as may be necessary for 
the use of the General Court, together with the Governor and 
Council Chamber, the Secretary and Treasurer's OflUces, \\9 
to be accnnntablefor the expenditure of the same. 



AJipildPRIATiONS S. PRimiS— October ^4r, 1812. 1Q3 

GHAP. LXXXin. 

Mesolve maJcing iljij^ropviationsfor the State Prison. 
mih October, 1813. 

Resolved, That liis Excellency the Governor, by and witfii 
the advice and consent of the Council, be, and he is hereby 
authorized to draw Avarrants upon the Treasurer of this Com- 
monwealth, in favor of the Warden of the State Prison, for 
such sums, and at such periods as may be deemed expedient 
by the Grovernor and Council, not exceeding three thousand 
dollars, to enalde said Warden to fulfil his contracts and de- 
fray the necessary expences of said Prison, he to be ac- 
countable for the same* 



CHAP. LXXXIV. 

Resolve for Paying 8te}i}ien II. Tower, Page to the Mouses 
24th October, 1813. 

Resolved, That there be allowed and paid out of the Trea- 
!s!ury to the Messenger of this House, to be by him paid over 
io Stephen Hall Tower, one dollar and twenty-five cents for 
each and every day he, the said Tower, shall have attended 
as Page to this House the present .session of the Greneral 
Court. 



CHAP. LXXXV. 

Resolve for Paying Ward Lock, Assistant Messenger to the 
Governor and Council. 24th October, 1812. 

Resolved, That there be allowed and paid out of the pub- 
lic Treasury of this Commonwealth, to Ward Lock, Assis- 
tant Messenger to the Council, fifty six dollars in full for his 
services the last and the present session of the General 
Court. 

4> 



lot Q. M. G. TO PUR. GVNFOW, ^October 24, Iglg. 
CHAP. LXXXVI. 

llesolve authorizing the Quarter Master General to purchase 
Gunpowder^ Timber , §'c. 24th October, 1813. 

Uesolved, That the Quarter Master General be, and he is 
hereby authorized and directed to purchase, for the use of 
the Commonwealth, five tons of Gunpowder ; also twenty 
tons of Timber of suitable dimensions for mounting the Can- 
non belonging to the Commonwealth. 

Be it further resolved, That the said Q^iiarter Master 
General be, and he is hereby directed to cause to be erected, 
a brick Building in the town of Cambridge, in the County of 
Middlesex, in size sufficient for the safe keeping of the Mi- 
litary Stores, the property of the Commonwealth, deposited 
in said town of Cambridge. 

Be it further resolved, That the sum of twelve thousand 
dollars be paid to the said Quarter Master General, from the 
Treasury of this Commonwealth, to meet the expences afore- 
said, for the application of which he is to be accountable, 
and that his Excellency the Governor, be requested to issue' 
his warrant on the Treasury for the amount, at such periods, 
and in such sums as his Excellency with advice of Council, 
may deem expedient. 



CHAP. LXXXVIT. 

Resolve on the Petition of Thomas Shepard, Esq. authoriz- 
ing the Treasurer to issue an alias Warrant of Distress. 
24th October, 181S. 

Upon the petition of Thomas Shepard, Esq. late Sheriff' 
of the County of Hampshire, praying that a warrant of dis- 
tress against Jonathan Wood, Collector of the town of Pel- 
ham, for the State tax, assessed upon said town for the year 
1810, amounting to one hundred and sixty five dollars, may 
be renewed. 

Resolved, for reasons set forth in said petition, that the 
Treasurer of this Commonwealth be, and he hereby is au- 
thorized to issue an alias warrant of distress against Jona- 
than Wood, Collector of said town of Pelham, for the bal- 
ance due from said town of the State tax, for the year A. D. 



PAY TO CLERKS—Oc/o&er 24, 1812. lOS 

1810, the said Jonathan Wood havins; escaped from the cus- 
tody of William C Lyman^ a Deputy Sheriff under the said 
Thomas, late Sheriff as aforesaid, after the said Wood was 
arrested on a former warrant. 

Providing, nevertheless, that nothing in this resolve shall in 
any manner discharge the said late Sheriff or any other per- 
son or persons from his or tlieir responsibility to this Com- 
monwealth, or to the Treasurer thereof, for the amount due 
to said Commonwealth on account of said tax. 



CHAP. LXXXVIII. 

Mesolve providing for the Payment of the Clerics of the two 
Houses, 34th October, 181S. 

Resolved, That there be allowed and paid out of the public 
Treasury, one hundred and twenty dollars to Marcus Mor- 
ton, Clerk of the Senate, and the like sum to Benjamin Pol- 
lard, Clerk of the House of Representatives, and seventy 
five dollars each to Robert C. Vose, Assistant Clerk of the 
Senate, and Thomas Walcutt, Assistant Clerk of the House 
of Representatives, in full for their services for the present 
session. 



CHAP. LXXXIX. 

Resolve on the Petition of Benjamin Joy, authorizing the 
Agents for the Sale of Eastern Lands, to convey a lot of 
Land to said Joy. ^th October, 1813. 

On the petition of Benjamin Joy, requesting that the 
Agents for tlie sale of Eastern Lands be authorized to give 
a Deed of a lot of Land, in conformity to a resolve passed 
the 3d March, 1810. 

W^Aereas, the said Benjamin Joy having completed the 
road mentioned in said resolve of the third March, 1810, the 
Agents for the Sale of Eastern Lands, are authorized to con- 
vey the lot of Land in ToAvnship No. 4, 1st Range of ToAvn- 
ships north of the Waldo Patent, granted ])y said resolve (up- 
on a Certificate being produced from Charles Hammond, 



106 FORM OF RETURNS VOTES— October 24, 1812. 

Esq. that said road is completed to his satisfaction) in the 
same manner they were authorized to do in case said road 
had heen seasonably made. 



CHAP. XC. 

Mesolve prescribing the Form of the Returns of Votes for 
Electors of President and Vice President of the United 
States, ^c. 24th October, 1812. 

Resolved^ That it he recommended to the several Towns, 
Districts and Plantations in this Commonwealth, to observe 
the following form in the returns of votes for Electors of 
President and Vice President, and that the Secretary of the^ 
Commonwealth cause the same to be published,as soon as may 
be, in all the newspapers in which the laws of the Common- 
wealth are pnblished : — 

FORM. 
At a legal Town Meeting held at in 

the County of on the twelfth day of Novem- 

ber, in the year 1813, for the choice of Electors of President 
and Vice President of the United States, the undernamed 
persons had the number of votes to their names respectively 
annexed : — 

J\'*ames. JSTumber of Votes. 

A. B. hundred. 

C. D. hundred. 

E. F. hundred. 

Sorted, counted and sealed in presence of 

T* K K '^^^^c'"^^"' 
Attest, Toicn Clerk. 



CHAP. XCI. 

Resolve appropriating Money to pay for Alterations in Re- 
presentative and Senate Chambers. 24th October, 1812. 

Resolved, That the sum of one thousand dollars be allow- 
ed and paid to Jonathan Hunnewell, Johnathan Whitnejr 



PAY TO EZEKIEL BODGE—Odober 24, 1812. lO; 

and Thomas Barry, to defray the expenees of alterations and 
repairs made by order of this House in the Representatives' 
Chamber, they to be accountable for the same ; and that his 
Excellency the Governor be, and hereby is authorized to 
draw his warrant on the Treasury for that sum accordingly. 
Be it further resolved^ That the sum of one hundred and 
ninety two dollars, thirty eight ceats, be allowed and paid to 
Hon. Samuel Dana, Esq. President of the Senate, to defray 
the expenees of alterations and repairs made by order of the 
Senate in the Senate Chamber, he to be accountable for the 
same ; and his Excellency the Governor, is requested here- 
by to draw his warrant on the Treasurer for tliat sum ac- 
cordingly. 



CHAP. XCII. 

Resolve for Paying Ezekiel G. Dodge, a Member from 

Thomastown, and Cyril Brown, from VinaUiaven. 

24th October, 1813. 

Resolved, That there be paid out of the Treasury of this Com- 
monwealth, to Ezekiel G. Dodge, a Member of this House, 
from the town of Thomastown, sixty eight dollars, and to 
Cyril Brown, a Member of this House from the town of Vi- 
nalhaven, seventy two dollars in full for their travel and at- 
tendance respectively, the present session of the General 
Court. 



CHAP. XCIII. 

Resolve for Failing Leonard Hoar, a Member from the town 
of Lincoln. 24th October, 1812. 

Resolved, There be paid out of the public Treasury to 
Leonard Hoar, Esq. Member of the House of Representa- 
tives from the town of Lincoln, in full for his travel and at- 
tendance the present session of the General Court, twenty 
?even dollars, he being omitted in the pay roll. 



108 PAY TO ROBERT SNELL— Odofeer 24, 1812. 

CHAP. XCIV. 

Mesolve for Paying Robert Snelly a Member from Poland, 
a^th October, 1813. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to Robert Snell, a Member of this House from 
the town of Poland, fifty-five dollars in full for his travel and 
attendance the present session of the General Court. 



CHAP. XCV. 

Resolve on the Petition of Walter Field and others, legaU 
izing certain Actions, S6th October, 181 S. 

On the petition of Walter Field and others, 
Resolved, for reasons set forth in said petition, that the 
writs entered in the Circuit Court of Common Pleas, held at 
Greenfield, in and for the County of Franklin, on the first 
Monday of August last, which were made returnable on that 
day, be sustained by the said Court, and proceeded upon to 
final judgment, in the same manner as if the act entitled'* an 
act to fix the times and places for holding the Circuit Courts 
of Common Pleas, within and for the several Counties in this 
Commonwealth, and for repealing all laws heretofore pas- 
sed for that purpose," passed June 32d, 1812, had taken ef- 
fect immediately upon passing the same. 

J^ote — This Resolve passed the Senate the S3d, and thfe 
House of Representatives S4th of October, 



BESOLYES 



OF THE 

General Court of Massachusetts, 

PJSSEJO AT THEIR SESSIOJ^, 

COMMENCING ON THE TWENTY SEVENTH OF JANUARY, AND 

ENDING ON THE TWENTY SEVENTH DAY OF 

FEBRUARY, A. D. 1813. 



GOVERNOR'S MESSAGE. 



REPRESENTATIVES' CHAMBER, JAN. Srth, 1813- 

M i2 d^clock, the Secretary of the Commonwealth went 
down from the Council Chamber to the Senate, and to the 
Representatives^ Chamber, with the following Message 
from his Excellency the Governor : — 

MESSAGE : 

Gentlemen of the Senate, 
And Gentlemen of the House of Representatives^ 

IN the elections which have taken place in this St^te 
Bince your late session, the People have manifested an un- 
usual degree of unanimity. They have, for the most part, 
an equal interest in promoting the prosperity of the country, 
and when dispassionate and well informed, they will not be 
found deficient either in discretion or rectitude. May they 
be yet more united both in sentiments and affection, and be 
ready to forget unimportant points of differeuce when the 
public peace and safety require their union. 



no GOVERNOR'S ME^SxiGE— January 27, 1813. 

Altliougli we have no agency in conducting our national 
affairs, we must view with anxious concern the important 
changes which are taking place among the powers of Europe. 
One of its sovereigns, under the pretence of giving freedom 
to the seas, is carrying war and desolation into regions re- 
mote from each other, and seems determined, by fraud and 
violence, to subjugate or destroy every civilized nation. — 
Thus tyranny has in all ages assumed the ficticious garb of 
liberty. In the calamities and dangers of Europe we are 
now unhappily involved ; but as the principal alledged 
cause of hostility against England has been removed by the 
repeal of the British Orders in Council, and a desire has 
been evinced to keep the way open to reconciliation, we can 
hardly suppose that the war will be continued, to protect in 
our merchant vessels, the seamen of Great Britain against 
the claims of that government ; or to conquer the adjoining 
territories, the acquisition of which must be expensive and 
of very doubtful advantage ; and still less to aid the tri- ' 
umphs and support the usurpations of the unrelenting oppres- 
sor of mankind. 

In a commercial State the contracting of debts is neces- 
sary, as trade cannot be carried on to any great extent with- 
out credit. But owing to the spoliations upon our commerce 
by the nations of Europe ; to the frequent and unexpected 
changes in the commercial regulations and restrictions of 
our own government ; and to the present war with Great 
Britain, the unavoidable accidents to which men in trade ar& 
exposed, have of late been more numerous than at any former 
period. Many persons by these unforeseen events, have 
been impoverished in their circumstances, and are become 
incapable of paying their debts. Perhaps you will think it 
necessary to make some provision, by law, for their relief,, 
which shall guard them against the severity of their creditors, 
and at the same time give no encouragement to extravagance 
or fraud, by an unreasonable indulgeuce to debtors. 

The commissioners appointed in pursuance of the Resolve 
of the 30th of June, 1811, to determine whether certain per- 
sons claiming lands in Bristol and other towns in the county 
of Lincoln, are entitled to any part of the lands lying with^ 
in the boundaries of their respective claims, have made an 
award, wiiich will be delivered to you by the Secretary. — 
This award if carried into execution will ])robably have a 
happy effect in producing a settlement of disputes in that 



GOVERNOR'S MESSAGE— J amimy 27 ^ 1813. Ill 

part of the State. In the letter which the commissioners ad- 
dressed to me, you will perceive that individuals under one 
of the claims have performed services and expended monies 
in settling and defending the country, for which they have 
failed to realize a compensation. But the Commissioners 
doubted whether the above case was within their powers. 
On this subject you, Gentlemen, will probably have no hesi- 
tation in adopting the measures they have recommended; 
By a Resolve of the S-lth of last June, the sum of twelve 
hundred dollars was appropriated to meet the expences of 
the Commissioners, a great part of which has been applied 
accordingly. As their service appears to have been difficult 
and highly meritorious, I have no doubt you will be disposed 
to make them an honourable compensation. 

The Secretary will lay before you the Adjutant General's 
Return of the whole Militia of the Commonwealth. His 
Return of the detached Militia under the General Order of 
the 25t]i of last April ; a statement of the Field Artillery 
and its distribution ; and copies of all the Magazine Re- 
turns of the several towns witliin each Brigade. You will be 
gratifietl by his representation, that the Militia throughout 
the State, with some minute exceptions, are well organized, 
and capable of acting with promptness and effect whenever 
required by the exigence of affairs. 

CALEB STRONG. 

Gcnivcil Chamber, January 27thy 1813. 
6 



RESOLVES 

Passed the Sessio7i Qommencing January 'S^^tli, 1S13. 



CHAP. XCVI. 

Resolve on the Petition nf Stephen Choate, late Treasurer of 
the County of Essex. 30th January, 1813. 

tJpon the petition of Stephen Choate, late Treasurer of the 
County of Essex, stating that he had received certain sums 
of money therein specified, in bills which have since depre- 
ciated, and praying relief. 

llesolved, for reasons set forth in said petition, that tlie 
Treasurer of this Commonwealth be authorized, upon a set- 
tleraenl, with said Stephen Choate, to receive of said Stephen 
Choate as money, two hundred and fifty five dollars in bills 
of the Northampton Bank ; one hundred and ninety five 
dollars in bills of the Berkshire Bank, and thirty dollars in 
bills of the Farmers' Exchange Bank, being the same bills 
described in said Stephen Choate's petition. 



CHAP. XCVII. 

Resolve estahlisliirig the Pay of the Members of the Legisla- 
ture. 1st February, 1813. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, to each Member of the Council, 
Senate, and House of Representatives, two dollars per day 
for each and every day's attendance the present session of 
the General Court ; and the like sum of two dollars for every 
ten miles travel from their respective places of abode to the 
place of the sitting of the said Court. 



PET. OF J. EDMANDS— /eZ»n/«;3/2, 1S13. 11$ 

, And he it further resolved, Tliat tliere be paid to the Pre- 
sident of the Senate and to the Speaker of the House of 
Representatives eacli; two dollars per day for each and every 
day^s attendance over and above their pay as Members. 



CHAP. XCYIII. 

Resolve on the Petition of John Edmands, authorizing him 
to execute a Deed. 3d February, 1813. 

Whereas, Samuel Dewiui^, late of NortlrBrookfield,in the 
County of Worcester, deceased, did. in his life time, con- 
tract with Peter Harwood, of said North Brookfield, to sell 
and convey to him a certain tract of land lyins; in said North 
Brookfield, known by the name of the Bacon Lot, contain- 
ms; about twenty two acres, lyins; in common and undivided 
with land of Solomon Hewing, Jun. and did, at the time of 
said contract, receive a part of the payment for said land, 
and did a;Li;ree to give said Harwood, a good and sufficient 
Deed of the same, but did not in his life time fulfil said a- 
grecment. 

Therefore resolved, That .Tohn Edniands, of said North 
Brookfield, as Administrator of the goods and estates wliich 
were of said Samuel Dewing, be, and is hereby authorized 
to execute and acknowledge a Deed of said Lnnd to the said 
Peter Harwood, his heirs and assigns, in as full and ample 
a manner as said Samuel Dewing could have done in his 
life time : and the said Deed so executed and acknowledged, 
may be delivered l)y the said Ediuauds, and shall ])e< fis valid 
and effectual in law, as if the same had been executed by 
the said Samuel Dewing in his life time. 



CHAP. XCIX. 

Resolve allowing Pay to John Williams, a Member of the 
Legislature from Comcay, 5th February, 1813. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealtli to Jolni Williams, of Con- 
way, a Member of this House, forty five dollars in full for 



114 CON. DOINGS TOWN GILE AD— February 6, 1813. 

liis travel and attendance at the last session of the General 

Court. 



CHAP. 0. 

JResolve conjirmins; the Doings of the Town of Gilead. 
6th February, 1813. 

On the petition of Perley Burnam and Abraham Bui'bank, 
Selectmen of Gilead, 

Resolved, That whereas doubts exist as to the legality of 
the proceedings of a Town Meeting held in said Gilead, on 
the third day of March, eighteen hundred and twelve, the 
same are hereby confirmed and made valid, any want of con- 
formity to the law regulating the choice of town officers an^ 
town meetings to the contrary notwithstanding : 

Provided, That this resolve shall not be construed to le- 
galize any sale of real estate, by virtue of any tax voted in 
said town of Gilead, since said proceedings were had in said 
town meeting. 



CHAP. CI. 

Resolve confirming the Records and Doings of the Town 
of Limerick, 6th February, 1813. 

On the petition of the Town of Limerick, in the County of 
York, praying that the Records and Doings of the same 
may be confirmed and established, notwithstanding any in- 
formalities, up to the present time. 

Resolved, That the transactions of said town meetings be, 
and they are hereby confirmed and rendered valid, any in- 
formalities or irregularities in regard to issuing, posting and 
recording the y/arrants for meetings of said town notwith- 
standing : 

Provided, however, that nothing herein contained, sliall 
be so construed as to effect the title to any lands assessed or 
sold as the estate of any non resident proprietors of lands ly- 
ing within the same town. 



PET. OF W. DONNISON, ESQ.—Febri(ar?/6, 1813. 115 
CHAP. CII. 

Resolve on the Petition of William Bonnison, Jidjiitanl 
General. 6tli February, 1813. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commouwealth, to William Donnison, Esq. the. 
sum of seven hundred and fifty dollars in full compensation 
for his services as Adjutant General, and for office rent, and 
clerk hire in said office, to the first day of January, 1813. 

CHAP. cm. 

Resolve confirming the Doings, 8(^c. of the Town of Lim- 
ington. 6th February, 1813. 

On the petition of a Committee in behalf of the Inhabitants 
of the town of Limington, in the County of York : 

1st — Stating tliat the warrant issued for calling their first 
meeting in said town, which was holden April 2d, 1793, was 
never recorded and the original lost, but the notification and 
proceedings of said meeting are recorded. 

3d — That at said meeting, and every other annual meet- 
ing prior to the year 1802, there is no record that the town 
officers were sworn. 

3d — That, at the annual meeting in ISOS, and at ev«r> 
annual meeting since, it is not recorded by Avhom the town 
officers were sworn, or that they were sworn agreeably to the 
forms prescribed by law, and praying that said records and 
proceedings may be confirmed and rendered valid in law. 
notwithstanding said omissions. 

Resolved, for reasons in said petition, that the proceed- 
ings of all the aforesaid meetings of the said tov*^n of Lim- 
ington, and the records thereof, and of the qualifications of 
their town officers be, and are hereby confirmed and render- 
ed valid in law to all intents and purposes, any illegalities or 
omissions in issuing, posting, returning or recording the 
v/arrants or notifications of said meetings, or in recording the 
oaths or legal qualifications of their tov/n officers, or any 
pmissions respecting them notwithstanding^. 



1J6 PET. SELECTMEN VLY MODTR'-- February 6 ^ 1813. 

CHAP. CIV. 

Resolve on the Petition of the Selectmen of the to2vn of 
Plymouth. 6tli February, 1813. 

On tlie petition of the Selectmen of the town of Plymouth, 
for and in behalf of said town, praying for a further time to 
locate tlie last township of land granted them on the 34tli 
February. 1808. 

Resolved, That for reasons set forth in said petition, that 
a farther time of three years from this date be, and hereby is 
allowed to said Inhabitants to locate said township, and the 
Agents for the Sale of Eastern Lands, are hereby directed 
to govern themselves accordingly, any thing in said resolve 
to the contrary notwithstanding. 

CHAP. CV. 

Resolve on the Petition of John Lowell and Calvin Sanger^ 
9th February, 1813. 

On the Petition of John Lowell, of Boston, in the County 
of Suffolk, and Calvin Sanger, of Sherburne, in the County 
of Middlesex, owners and proprietors of two Townships of 
Land in the District of Maine, praying further time for com- 
pleting the settling duties required in the original grants. 

Resolved, for reasons set forth in said petition, that a fur- 
ther time of three years from the first day of June next be, 
and hereby is allowed to the said John Lowell and Calvin 
Sanger, to complete the settlement of forty families on each 
township, viz. Townships number five in the fifth range, and 
number four in the sixth range north of the Waldo Patent. 

Provided, the said John Lowell and Calvin Sanger, their 
heirs or assigns, shall on or before the first day of June next, 
give ])onds to the Treasurer of this Commonwealth, in the 
sum of two thousand four hundred dollars for each of said 
townships, with sufficient surety or sureties to the satisfac- 
tion of the Agents for the Sale of Eastern Lands ; condition- 
ed that there shall be settled on each of said townships, the 
number of forty families within the time extended as afore- 
said, or for the payment of thirty dollars for each family 
which shall then be deficient of the whole number, upon 



PET. OF N. INGE^RSOLL— Fefimary 9, 181S. 117 

satisfaction of which bond given pursuant to this resolve, 
eitlier by causing the said number af families to be settled on. 
said townships, within the time aforesaid, or by paying the 
said sum of thirty dollars for each family which shall then 
be deficient, then the estate, right and title of the said John 
Lowell and Calvin Sanger, their heirs and assigns, shall be 
valid, full and effectual, to all intents and purposes, as if the 
conditions of settlement expressed in the original deeds given 
of said townships by the Agents for the Sale of Eastern 
Lands, had been fully and seasonably complied with. 

And be it farther resolved, That the Treasurer of this 
Commonwealth be, and he hereby is directed, upon receiving 
bonds as above specified in this resolve, to give up or cancel 
two bonds now in the Treasury office, signed by John 
Lowell, Francis C. Lowell and Warren Button, given a- 
greeably to a resolve passed the 3d day of March, 1809. 



CHAP. CVI. 

Mesoloe on the Petition of J\*athanielIn^ersollj Trustee oftha 
Westford Academy. 9th February, 1813. 

On the petition of Nathaniel Ingersoll, praying further 
time for the settlement of families on a half township of land 
granted to the Trustees of Westford Academy. 

Resolved, for reasons set forth in said petition, that a fur- 
ther time of three years from the first day of June next be, 
and hereby is allowed to Nathaniel Ingersoll, of New Glou- 
cester, in the County of Cumberland, and John Hodgdon, of 
Ware, in the County of Hillsborough^ in tlie State of New- 
Hampshire, their heirs and assigns, to complete the settle- 
ment of ten families on the half township of land granted 
Che Tnistees of Westford Academy : 

Provided, the said Nathaniel Ingersoll and John Hodgdon, 
their heirs or assigns, shall on or before the first day of June 
next, give bond to the Treasurer of this Commonwealth, in 
the sum of six hundred dollars with sufficient surety or sure- 
ties to the satisfaction of the Agents for the Sale of Eastern 
Lands ; conditioned that tlicre shall be settled on said grant, 
the number of ten fiimilies within the time extended afore- 
said, or for the payment of thirty dollars for each family 
which shall then be deficient, then the estate, right and title 



118 PET. OF ISAAC DAyiS—Februar2/9, 1813. 

of the said Nathaniel Ingersoll and JohnHodgdon, their heirs 
and assigns shall be valid, full and effectual to all intents and 
purposes, as if the condition of settlement expressed in the 
original deed given of said half township, by the Agents for 
the Sale of Eastern Lands, had been fully and seasonably 
complied with. 

^nd be it further resolved, That the Treasurer of the 
Commonwealth of Massachusetts is hereby directed, upon 
receiving the bond as above specified, to give up or cancel a 
bond, signed by John Hodgdon, Asa Butterfield and Samuel 
Bancroft, Jun. given agreeably to a resolve passed the 11th 
February, 1809, ^Vhich is noAV lodged in the Treasury office. 



CHAP. CVII. 

Resolve on the Petition of Isaac Davis, Sdy of Eooebury, 
9th February, 1813. 

On the petition of Isaac Davis, the third, of Roxbury, 
praying relief in consequence of expenses incurred by him 
from a wound received while doing military duty. 

Resolved, That for reasons set forth in the petition, there 
be allowed and paid out of the public Treasury to Isaac Da- 
vis, the third, of Roxbury, the sum of seventy eight dollars 
in full for the loss of time and expence occasioned by a 
wound he received on the 9th of October, 181S, while doing 
military duty. 



CHAP. CVIII. 

Resolve on the Petition of Josiah W. Mitchell, of Freejpori, 

alloiving him Pay as a Member of the Legislature. 

10th February, 1813. 

On the petition of Josiah Whitman Mitchell, a Membef 
of this House from the town of Freeport, praying to be al- 
lowed for travel and attendance at the last session of the 
General Court, although he was not present, having been ta- 
ken sick on his way to attend the same, and confined there- 
by for thirteen days. 



PET. OF ATT. AND SOL. GENS — Fcbruari/ 11, 1813. 119 

Resolved, for reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Common- 
wealth, to the said Josiah Whitman Mitchell, the sum of 
fifty six dollars in full compensation of his claim in the 
premises. 



CHAP. CIX. 

Resolve on the Petition of the Attorney and Solicitor Gen- 
erals, and grant of SSOO to each. 11th February, 1813. 

Resolved, That there be allowed and paid out of the pub- 
lie Treasury of this Commonwealth, to Perez Morton, Esq. 
Attorney General, and to Daniel Davis, Esq. Solicitor 
General, the sum of eight hundred dollars each, in addition 
to their salary established by law, which sums sliall be in 
full for their respective services and salary to the first day 
of March, A. D. 1813. 



CHAP. ex. 

Resolve on the Petition of Asa Sparlcs, authorizing Azariafo 

Root to convey a Tract of Land to him. 

11th February, 1813. 

On the petition of Asa Sparks, requesting the Legislature 
©f the Commonwealth to authorize some person or persons 
.to convey or sell to him a tlnct of Land in the town of Shef- 
field, in tlie County of Berkshire^ belonging to said Com- 
monwealth. 

Resolved, for reasons set forth in said petition, that Mr. 
Azariah Hoot, of said Sheffield, be, and he hereby is au- 
thorized to sell and convey to the said Asa Sparks, his heirs 
01* assigns, all the right, title and interest of said Common- 
wealth in and unto a tract of Land, containing about thirty 
one acres, lying in said town of Sheffield, upon such terms 
and conditions as the said Azariah Root shall think just and 
reasonable, under existing circumstances, and when sold, to 
account for the proceeds therefor to the Treasurer of this 
Commonwealth. 

7 



120 PET. OF AGTS. S. F. BRIDGE— FeJn/«ry 12, 1813. 

CHAP. CXI. 

Besolve on the Petition of the Agents for Saco Free Bridges. 
12th February, 1813. 

On the petition of Daniel Cheaves, Edmund Coffin, Na- 
thaniel Goodwin and Ichabod Fairfield, Agents and Trus- 
tees of the Proprietors of the Saeo Free Bridges, praying for 
further time to enable them to build a Bridge over the eas- 
tern branch of Saco river, from Indian Island to the shore in 
Saco, 

Resolved, for reasons -set forth in said petition, thattherft^ 
be, and hereby is allowed the said Proprietors, a further time 
of three years, from the first day of January last, to complete 
said Bridge, any thing in the resolve passed the second day 
of March, in the year of our Lord one thousand eight liun- 
dred and ten, or the resolve passed the twenty first day of 
June, in the year of our Lord one thousand eight hundred 
and eleven, to the contrary notwithstanding. 

CHAP. CXII. 

Mesolve on the Petition of Daniel Holmes, of Alfred. 
13th of February, 1813. 

On the petition of Daniel Holmes, setting forth, that in the: 
winter 1810, he, by tlie order of the House of Representa- 
tives, attended as a witness before a Committee of the honor- 
able House, on a complaint against one Tliomas Keeler, and 
that he summoned several witnesses to attend by order as a- 
foresaid, and praying that his fees and expences may be al- 
lowed him. 

Resolved, That there ])e paid out of the Treasury of tliis 
Commonwealth, to tlie s.iid Daniel Holmes, forty -five dollars 
in full compensation of all fees and expences, for his servi- 
ces, travel and attendance as aforesaid. 



FET. OF JAMES BEAN~Februar7/ 13, 1813. 121 

CHAP. CXIII. 

Mesolve on the Petition of James Bean ^ of Alfred. 
13th February^ 1818. 

^n the petition of James Bean, setting forth, that in the 
winter of 1810, lie, h^ the order of the House of Represen- 
tatives, attended as a witness before a Committee of the hon- 
orable House, on a complaint against one Thomas Keeler, 
and praying that he may be allowed a reasonable compensa- 
tion. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth to the said James Bean, sixty four dollars, 
in full compensation for all fees and expences for his travel 
•and attendance as aforesaicL 



CHAP. CXIV. 

Hesolve on the Petition of John B. Band, praying for com- 
pensation. 13th February, 1813. 

On the petition of John B. Rand, praying for eompensa- 
tion for a wound received while doing duty as a soldier in 
Captain AVilliam Stephenson's Company, at a Regimental 
muster in Grorham, on the tAventy seventh day of September, 
in the year of our Lord one thousand eight hundred and 
eleven. 

Resolved, for reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Common- 
wealth, to the sa.id John B. Rand, forty dollars, in full com- 
pensation for loss of time and money expended in conse- 
cpience of said wound. 



CHAP. CXV. 

Resolve granting ^iOO for the purchase of a lot of Land in 

Hallow elU mi which to erect a Gun House. 

13th February, 1813. 

On the petition of David Day and ctliei-s, praying for a 



132 M. HOLDEN TO PROS. AD. &c.—Februa)y 15, 181^. 

gi-ant of money, for repairing and removing a Gun House, 
and to purchase land whereon to erect the same. 

Resolved, That one hundred dollars be granted and paid 
out of the Treasury to the said David Day and others, to be 
applied and used to the sole purpose of purchasing a lot of 
Land in the town of Hallow ell, whereon they may erect a 
Gun House and for the removal and repairs of the same ; and 
His Excellency the Governor, with advice of Council, is re- 
quested to issue a warrant on the Treasury for the payment 
of the said sum accordingly. 



CKAP. CXVT. 

Resolve authorizing Moses Holden to prosecute the Admin- 
istrator or Heirs of Hannah Ranger. 
15th February, 1813. 

Gn the petition of Moses Holden, of Barre, in the County 
of Worcester, praying that the operation of the several 
statutes of limitation in suits against Executors and Adminis- 
trators as well as against Heirs and Devisees, may be sus- 
pended as it respects certain claims which the said Holden 
has against the estate of one Hannah Ranger, deceased, for 
whom the said Holden had formerly been surety, and for 
whose default he has been obliged to pay and has paid a 
large sum of money. 

Resolved, for reasons set forth in said petition, that the 
said Moses Holden be, and hereby is authorized and em- 
powered to commence and prosecute against the Executor 
or Administrator, or against the Heirs or Devisees of the said 
Hannah Ranger, all such actions, suits or claims as he has 
or may have against the estate of the said Hannah, in the same 
w ay and mann,er, as he might or could have done, if the same 
had been commenced within the time prescribed by law, and 
that any Court within this Commonwealth, proper to hear 
and determine the said actions, suits or claims, may proceed 
to hear and determine the same, and render the same judg 
ment therein as the said Court might or could have done, if 
the said actions, suits or claims had been commenced within 
the time prescribed by law, any thing in any act or law of 
this Commonwealth to the contrary notwithstanding. 

Provided^ however, that the said actions, suits or claims 



PET. OF W. WETMORE-'Fehruayy 15, 1813. 123 

sliall be eommeiiced within one year from the passing of this 
resolve. 

And be it further resolved, That the operation of the seve- 
ral statutes of limitation of this Commonwealth, so far as 
they may come within the purview of this resolve, be, and 
the same hereby are suspended, and the same shall not ope- 
rate as a bar to the several actions, suits and claims above- 
mentioned. 



CHAP. CXVII. 

Mesolve on the Petition of William Wetmore, authorizing 
the Widow of Henry JS'ewman, to assent to the deliverij 
of a Deed by the Mill Pond Corporation. 
15th February, 1813. 

On the petition of William AVetmore, representing that 
Henry Newman, deceased, contracted to procure for him a 
Heed from the Boston Mill Pond Corporation, of two certain 
lots of Land in the Mill Pond, so called, which Heed was 
procured accordingly, but not delivered by said Corporation, 
and praying that the Administratrix of the said Newman's 
estate may be authorized to assent to and the said Corpora- 
tion to deliver the said Heed. 

Resolved, That the Widow and Administratrix of the. 
estate of the said Henry Newman, deceased, be, and she is 
hereby authorized io complete and perform the contract of 
her said intestate with the said Wetmore, by assenting to the 
delivery of the Heed aforesaid, ])y the Corporation afore- 
said, the said lots of Land as described in said Heed, being 
one bounding on Friend-street ; there measuring twenty 
one feet, and running back westerly eighty feet ; and the 
other bounding on Portland- street ; and there measuring six- 
teen and a half feet, and running back easterly eighty feet ; 
both lots to make up three thousand square feet in the Avhole ; 
said lots being a part of the Mill Pond in said Boston : And 
whereas the said Wetmore, on behalf of said Administratrix, 
hath desired that the said Administratrix, be authorized to 
make a settlement, by compromise or otherv/ise, witli said 
Corporation, concerning the contracts of said intestate for 
lining up certain parcels of the said Mill Pond as she may 
think bcf^t. 



124. PET. STANTON & SPELMAN— fe&ri/ary 16, 1813. 

Therefore resolmd, That the said Administratrix be, aM 
she hereby is aiithol-ized and empowei^ed to make any set- 
tlement and compromise with said Corporation, concerning 
all such contracts of her said intestate for filling up any part 
of said Mill Pond as have not been completed, as she may 
judge most for the interest of all concerned therein, or to 
sell and dispose of the interest of her said intestate in said 
contracts^ in such way and manner as she may think expe- 
dient. 



CHAP. CXVIII. 

Mesolve on the Petition of Stanton and Spelmmij allowing 
further time to pay for their Land. 1 6th February, 1813. 

On the petition of Francis Stanton and Phineas Spel- 
man, representing that they are proprietors of two lots of 
I^and in Bangor, but by reason of the time granting the re- 
demption of said Lands, by a resolve of the Greneral Court, 
passed the third day of March, 1810, having expired, the 
Agents for Eastern Lands ai*e not authorized to give Deeds. 

Resolved, for reasons set forth in said petition, that a fur- 
ther time of twelve months from the date hereof be, and 
hereby is granted to the Settlers, their heirs and assigns 
(who have settled on lands belonging to this Common- 
wealth, situated in the towns of Bangor, Hampden, No. 2, 
1st Range, and No. 3, 3d Range, in the County of Han- 
cock, and the town of Eastport, in the County of Washing, 
ton) to pay the sums due on said lots to the Agents for the 
Sale of Eastern Lands, and said Agents are hereby directed 
to receive of said Settlers, their heirs or assigns, what re- 
mains due to the Commonwealth, and give them sufficient 
Deeds of their several lots. 



CHAP. CXIX. 

Resolve on the Petition of John and Samuel Preble, authoriz- 
ing the Agents for the Sale of Eastern Lands, to sell Land 
to them. I6th February, 1813. 

On the petition of John Preble and Samuel Preble, setting 



PET. P. SHARPER AND Wl¥E—Fehruari/ 16, 1813. 125 

iarth that they are in proBsession of a eei'taiii Island in Union 
River, the property of this Commonwealth, and praying that 
they may have the same confirmed to them. 

Resolved, That the Agents for the Sale of Eastern Lands, 
he directed to sell the same to the said Petitioners, or to any 
other person or persons, on such terms and conditions as in 
the opinion of the said Agents, may be just and reasonable^ 



CHAP. CXX. 

Mesolve on the Petition ofPero Sharper and Wife^ granting 
them leave to sell Land. 16th February, 1813. 

On the petition of Pero Sharper and Bersheba Sharper, 
wife of Pero Sharper, both of the town of Edgartown, in 
the County of Dukes' County, for leave to sell about thir- 
ty acres of land, more or less, at a place called Farm 
Neck, in the toAvn of ^dgartown, which they derived from 
their ancestor, Robert Seton, deceased. 

Resolved, That the prayer of said petition be granted, and 
that Benjamin Smith, Esq. William Jenegan, Jun. Esq. and 
Jethro Worth, Esq. all of Edgartown, be a Committee to 
dispose of said land, first giving bonds to the acceptance of 
the Judge of Probate for the County of Dukes' County, for 
*he faithful application and use of the monies accruing from 
the sale of land to and for the sole use and exclusive benefit 
©f said Pero Sharper and Bersheba Sharper : 

Provided, also, that said land be sold at public auction, 
and that notice be given of the time and place of sale, by 
posting up advertisements thereof in two or more public pla- 
ces in said town of Edgartown, thirty days previous to said 
sale. 



CHAP. CXXI. 

Mesolve on the Petition of Edward E. PowarSy estahUshw^ 

his Pay as Messenger to the Governor and Council. 

17th February, 1813. 

Resolved, That there be allowed and paid out of the Trea 



126 PAY JUSTICES C. C. OF G. 'P.—Februari/ 18, 181^. 

siiry of this Commonwealth, to Edward E. Powars, two 
dollars and fifty cents for each day he shall be employed as 
Messenger to the Governor and Council. 



CHAP. CXXIL 

Resolve respecting the Pay of the Justices of the Circuit 

Court of Common Pleas^ for the second Eastern Circuit. 

dSth February, 1813. 

Resolved, That the Treasurers of the several Counties in 
the second Eastern Circuit of this Commonwealth be, and 
they hereby are authorized and required in each and every 
year to pay over to the Justices of the Circuit Court of Com- 
mon Pleas for said Circuit, as a further compensation for 
their services the amount of the excess of fees which maybe 
paid over to them respectively, by the several Clerks of the 
Courts within the said Circuit, agreeably to a law of this 
Commonwealth, passed on the eighteenth day of June, in the 
year of our Lord one thousand eight hundred and eleven, 
entitled an act providing for the appointment of Clerks of the 
Courts in the several Counties, and for the safe keeping of 
the Judicial Records and Files and for other purposes, until 
the same, together with the legal fees of said Court, shall 
amount, to each Justice, to the sum of twelve hundred dollars 
per annum j and it shall be the duty of the said Justices to 
exhibit annually to the Treasurers, who may pay them any 
such excess of fees, certificates of the Clerks of the vseveral 
Courts in said Circuit, of the amount of fees which have been 
received by saidJustiees in eacliof said Counties during the 
year preceding such payment. 



CHAP. CXXIIl. 

Resolve on the Petition of Jemima Burnell and others ^ re- 
linquishing to them the Commonwealth's Right to the 
Estate of Lydia Baxter, deceased. 18th February, 1813. 

Upon the petition of Jemima Burnell, of Nantucket, widow 
of Jonathan Burnell, Jun. stating that her natural daughter, 



mv. II. PURKITT AND OTHERS^ February 19, iS13. 127 

Lydia Baxter, diccl, leaving some estate, and praying, foi' 
reasons set forth iu said petition, that the right to said estate 
may be relinquished in her favor. 

Resolved, for reasons set forth in said petition, tliat all 
right and title which this Commonwealth hath in, and to all 
the estate and property, real and personal, of Lydia Baxter, 
iate of said Nantucket, widow, deceased, be, and hereby is 
released to the said Jemima Burnell, and the Judge of Pro- 
bate for the County of Nantucket, is hereby authorized to 
proceed in the settlement and distribution of the said estate, 
in the same manner as if the said Lydia Baxter had bfeen the 
legitimate child of the said Jemima Burnell. 



CHAP. CXXIV. 

Resolve on the Petition of Heiiry Puvlcitt and others, re- 
specting Old Soldiers. 19th February, 1813. 

On the petition of Henry Purkitt and others, praying fur- 
ther time for the Old Soldiers, their Widows and Heirs, to 
make settlement on the lands granted to them by resolve of 
the General Court, passed 5th March, 1801. 

Resolved f That a further time of six years from the first 
day of May next, be, and hereby is granted arid allowed to 
the noncommissioned Officers and Soldiers who have proved 
or may hereafter prove their claims to two Imndred acres of 
land agreeable to a resolve of the General Court, passed the. 
5th day of March, 1801, and the several resolves respecting 
the same; 

And be it further resolved, That (whereas the General 
Coui't, by their r«solve dated S8th February, 1811, di- 
rected the Secretary of this Commonwcalt]i to deliver to the 
Agents for the Sale of Eastern Lands, all the plans, papers, 
copies of deeds, and other documents concerning the Com- 
monwealth's Lands ill the District of Maine, and the Agents 
aforesaid were directed to receive the same and place them 
on tlieit' files for the use of the Commonwealth) the Ag^ntiS 
for the Sale of Eastern Lands be, and they hereby are au- 
thorized to execute Deeds, in fee simple, in behalf of the 
Commonwealth, and to execute all the duties which the Se- 
cretary of the Commonwealth Was authorized to do and per- 
form, bv virttteof the resolves of the 5th ef March, 1801, 
8 



128 GRANT TO ROGER ^YES^:-~Febr^la}y 19, 181S. 

and 19tli June, 1801, and other subsequent resolves, passed 
for tlie benefit of non commissioned Oil^cers and Soldiers 
^vlio enlisted in the late Amei'ican army during the war with 
Great Britain, any thing in the several resolves of the Gen- 
eral Court to the contrary notwithstanding. 



CHAP. CXXV. 

Resolve granting Hoger West S43 37- 19th February, 1813. 

On the petition of Roger AYest, of Greenwich, in the 
County of Hampshire, praying for the reimbursement of a 
sum of money paid to the Treasurer of the CommonwealMi, 
over and abo\e the sum that he was by law required to pay. 

Resolved, That there be allowed and paid out of the Trea- 
sury of the Commonwealth to said Roger West, the sum of 
forty three dollars and thirty seven cents, in full for the sum 
by him so overpaid. 



CHAP. CXXVL 

Resolve granting Oliver Esty M25for bringing to justice 
certain Offenders. 19th February, 1813. 

On the petition of Oliver Esty, of Orange, in the County 
of Franklin, praying for a reward of his services and expen- 
ces in causing to be arrested, convicted and punished, cer- 
tain offenders against the laws of this Commonwealth, tliere- 
in mentioned. 

Resolved, That there be paid out of the Treasury of tliis 
Commonwealth, to the said Oliver Esty, as a full reward for 
his services and expences aforesaid, the sum of one hundred 
and twenty five dollars. 



CHAP, cxxvn. 

Resolve directing the Treasurer of this Commonwealth re 
specting Jfotes, Bonds and other Obligations. thejJrover- 
ty of the State, 19th February, 1813. 

Resolved, That in all cases in which more than one year's 
interest shall now be, or hereafter shall become due on any 



TAX FOR EIGHTEEN COUNTS.— Fe^raary 19, 1813. 129 

Note, Bond, Contract, Mortgas^e, or other Obligation in the 
hand of the Treasnrer, being the property of this Common- 
wealth, it shall be the duty of the Treasurer forth witli to 
give notice thereof to said del)tor or debtors, in writing, and 
at the expiration of ninety days after said notiCCj to cause 
suit to be commenced, both for the principal and interest 
due except when in the opinion of the Treasurer the debtor 
or debtors, in such Note, Bond, Mortgage, Contract or other 
Obligation^ may be poor and wholly irresponsible for the 
same. 



CHAP. CXXVIII. 

-Resol&e granting a Tax for Eighteen Counties. 
19th February, 1813. 

Whereas, the Treasurers of tlie following Counties have 
laid their accounts before the Legislature, which accounts 
have been examined and allowed ; and whereas the Clerks 
of the Courts of Sessions for said Counties, have exhibited 
estimates made by the said Courts, of the necessary charges 
which may arise within tlie said several Counties for the year 
ensuing, and of the sums necessary to discharge t]ie debts of 
the said Counties. 

Resolved, That the sums annexed to the several Counties 
contained in the following schedule be, and the same are 
hereby granted as a Tax for each County respectively, to be 
apportioned, assessed, paid, collected and applied for Um 
purposes aforesaid, according to law : — 

Suffolk, forty one thousand dollars, 41000 

Essex, sixteen thousand eight hundred and 

fifty dollars, 16850 

Middlesex, six thousand six hundred dollars, 6600 
Worcester, three thousand dollars, 3000 

Hampshire, 

Franklin, tlnee thousand two Imndred dollars, 3300 
Hampden, two thousand dollars, 2000 

Norfolk, three thousand dollars, 3000 

Plymouth, four thousand dollars, 4000 

Bristol, three thousand dollars, 3000 

Barnstable, two thousand six hundred dollars, 2600 
York^ five thousand dollars, 5000 



m DiS. Q. M. G. MONS. RECEir, —Febmar?/ 20, 181^. 

Cumberland, eight thousand dollars, 8000 

Kennebeck, seven thousand and ninety six dol- 
lars, 7096 

Lincoln, seven thousand one hundred and sixty 

four dollars and sixty four cents, 7164 64 

Hancock, four thousand dollars, 4000 

Washington, one thousand six hundred and 

thirty five dollars, 1635 

Somerset, one thousand eight hundred and se- 
venty six dollars and eighty one cents, 1876 81 

Oxford, two thousand five hundred dollars, 2500 



CHAP. CXXIX. 

JResolve dischar,^ing the Quarter Master General of Monies 
received, paying the balance of his account, and making 
an appropriation for his Department, 
20th February, 1813. 

JResolved, That Amasa Davis, Esq. Quarter Master Gen- 
eral be, and he hereby is discharged from the sum of twenty 
five thousand dollars, which he expended, including his sal- 
ary, office rent and clerk hire, amounting to eleven hundred 
dollars for one year, ending the seventeenth day of January, 
in the year of our Lord one thousand eight liundred and thir- 
teen, out of the suni he has received the last year, by wajr, 
rant on the Treasurer. 

Itesolved, That the sum of nine hundred and eighty dol- 
lars and forty eight cents be paid to the said Amasa Davis, 
Esq. from the Treasury of this Commonwealth, as the 
balance of his account. 

Resolved, Tliat the sum of seventeen thousand six hun- 
dred and eighty five dollars be paid to the said Quarter Mas- 
ter General, from the Treasury of tliis Commonwealth, to 
meet the cxpences of his department the ensuing year, and 
to enable the said Quarter Master General to purchase, for 
the use of the Commonw ealth, a piece of Land, containing 
about one half of an acre and thirty five rods in the toAvn of 
Cambridge, adjoining the land belonging to the said Com- 
mon\yealth, on which the ordinance store is now building : 

Provided f said land can be purcliased for a sum not ex- 
peeding one hundred and seventy five dollars, for the appli- 



PET. C. ALEXANDER AND OTRS.—Febritar?/^, 1813. 131 

tiou of which he is to be accountable, and that his Excellen- 
cy the Governor be requested to issue his warrant on the 
Treasury for the amount, at such period and in such sums, 
as his Excellency, with the advice of Council, may deem 
expedient for the public service. 



CHAP. CXXX. 

Mesolve on the Petition of Caleb Alexander and others^ Stock- 
holders in " the Franklin Glass Factory Company.'^ 
20th February, 1813. 

Resolcedy That the Records and Doings of tlie said Com- 
pany in their several meetings be, and the same are hereby 
confirmed and made valid in laAV, as much so as if the first 
meeting of said Corporation had been notified according to 
law, and that Doctor Ebenezer Hall be, and he is hereby 
authorized and empowered to call a meeting of said Corpor* 
ation, by posting up notification of such meeting at the house 
of Stephen Ball, in Warwick, in the County of Franklin, at 
least six days before said meeting. 



CHAP. CXXXI. 

Resolve on the Petition of the town ofHollis,, 
20th February, 1813. 

On the petition of the town of Hollis, praying that the line 
between the towns of Hollis, Lyman and Waterborough, 
may be ascertained and established conformably to their se- 
veral acts of incorporation. 

Resolved, That Seth Barnham, Esq. of Arundel, Gibbon 
Elden, Esq. of Buxton, and Daniel Granger, Esq. of Saco, 
be, and they are hereby appointed a Committee, with full 
powers to ascertain and establish the boundary lines betweeu 
the towns of Hollis, Lyman and Waterborough, in the Coun- 
ty of York, conformably to the respective acts of incorpora- 
tion of the said towns ; and the said Committee are also fur- 
ther empowered to direct and require at the joint expencc of 
the said towns, that permanent monuments shall be erected 



132 P£T. OF H. TACKXmsn-^I^bruari/ZOy 1813. 

at each angle in the whole extent of the said line ; and the 
time and expenees of the said Committee for their services as 
aforesaid, shall be paid by the said towns respectively, in 
equal third parts. 



CHAP. CXXXII. 

Mesolve on the Petition of Hannah Tackanish, an Indian 
Woman. 20th February, 1813. 

On the petition of Hannah Tackani^h, of Edgarton, in the 
County of Dukes' County, Indian Woman, praying that 
some person may be authorized to sell lands for the pay- 
ment of expenees in obtaining her rights in Farm Neck, so 
called, on Martha's Vineyard. 

Resolvedf That the Hon. Mattliew Mayhew, of Chilmark, 
be, and he hereby is authorized and directed to sell at pub- 
lic auction, so much of the land on Farm Neek, in the town 
of Edgarton, recovered by the said Hannah Tackanish and 
otliers, described in her petition, as shall amount to the sum 
of one hundred and sixty dollars, and give and execute a 
good and laAvfull deed of the same to the purchaser, and 
that he apply the same to the payment of the charges of the 
suit aforesaid, leaving in the Register's office for Dukes' 
County, a receipt for said payment. 



CHAP. CXXXIII. 

Resolve for taking, by vote, the Sentiments of the Inhabi- 
tants of York County, as to the jilace, wliere shall be erect- 
ed Buildings for the safe keeping of Records. 
SOth February, 1813. 

On the petition of Shelden Hobbs and others, inhabitants 
of the County of York, praying that the public offices o' said 
County may be held at Alfred. 

Resolved, That the Selectmen of the several towns ot id 
County, be directed to notify and warn the inhabitants ^f 
their respective towns qualified to vote in toAvn meeting, 
meet on the first Monday of April next, for the purpose of as 
«ertaiuing, by their votes, the most convenient place or pla- 



PET. OF T. TXJRSER—Februarj/ 20, 1813. 133 

ces to erect afire proof Building or Buildings, for the keep- 
ing the Records of said County ; and at such meeting the 
Selectmen shall receive, count and sort the votes of the in- 
habitants so assembled, and ascertain the number of votes 
for the place or places the voters of said town shall judge 
most convenieui, and the Clerk at such meeting shall record 
the number of votes and the place or places for which they 
shall be given in. 



CHAP. CXXXTV. 

Mesolve on the Petition of Thomas Turner, Adjutant ofJlr- 
tillery in Pembroke. SOth February, 1813. 

On the petition of Thomas Turner, of Pembroke, Adjutant 
of Artillery in the 1st Brigade of the 5th Division of the 
Militia of this Commonwealth. 

Resolved, That the Committee on Accounts be, and they 
hereby are directed to make the usual allowance to said 
Turner, for his services as Adjutant aforesaid, the statute of 
limitations to the contrary notwithstanding. 



CHAP. CXXXV. 

Hesolve on the Petition of William Snell, a Pensioner. 
20th February, 1813. 

On the petition of William Snell, praying for an addition- 
al alloAvance to a former grant. 

Resolved, for reasons set forth in said petition, that there 
be allowed and annually paid out of the Treasury of this 
Commonw ealth to the said William Snell, a further sum of 
twenty eight dollars, thirty three cents and three mills, as a 
pension for life, in addition to w hat has been already granted 
to him ; and tliat the payment commence on the thirtieth 
day of December, in the year of our Lord one tbousfind 
eight hundred and twelve. 



I3i PET. TRUS. SANDWICH ACA.D.—Febt-uari/ 22, lgl5. 
CHAP. CXXXVI. 

Resolve on the Petition of the Trustees of Sandwich Acads'- 
my. 22d February, 1813. 

On the petition of the Trustees of Sandwich Academyj 
requesting further time to locate a grant of half a township 
of laud, made to them in February, 1804. 

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



CHAP. CXXXVII. 

Resolve on the Petition of John Phillips, Jun. Administra- 
tor on the Estate of the late Hon, Samuel Phillips, de- 
ceased. 23d February, 1813. 

On the petition of John Phillips, Jun. Administrator upon 
the estate of the Hon. Samuel Phillips, Esq. praying that a 
balance found due from the Commonwealth to the said Sam- 
uel, may be paid to him. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth to John Phillips, Jun. Adminis- 
trator of the goods and estate of the Hon. Samuel Phillips, 
Esq. deceased, the sum of seventeen hundred fifty six 
dollars and thirty six cents, in full for the balance found due 
from said Commonwealth to said Samuel Phillips. 



CHAP. CXXXYIII. 

Resolve on the Petition of Lemuel Petts, authorizing his 

Excellency the Governor therein. 

23d February, 1813. 

On the petition of Lemuel Petts, praying indemnity by 
reason of the breaches of the covenants in a deed, made by 
the Commonwealth to said Petts. 

Resolved, on the foregoing petition, for the reasons therein 
stated, that Lemuel Petts, aforesaid, be, and hereby is au- 



CONF. DOLNXi'S TOWN ^'V ARKS— Ftbniari/ 23, 1813. 135 

ihorized to draw and receive from the Treasury of this Coin- 
iiiomvcalth, t]ie sum of five hundred dollars for the value of 
the, lands mentioned in said petition^ and also such sum as 
shall he taxed in said suits, set forth in said petition, for 
the demandants' costs by the Clerk of the Circuit Court of 
Common Pleas, in the County of Middlesex, whose certiii- 
cate of the amount of said costs, shall he evidence to author- 
ize his Excellency the Governor of this Commonwealth, to 
issue his warrant therefor, and also the sum of seventy dol- 
lars for expences in defending* said suits : 

Provided, however, that the said Lemuel shall before re- 
ceiving said several sums, make and execute a release or an 
attested copy of the deed of said Agents to said Lemuel, of 
the covenants contained in said deed, and shall file sai<I 
copy with the release thereon in the office of the Secretary of 
the State. 



CHAP. CXXXIX. 

Itesolve cDnJirmins;thp Doln;:;s nfthe town nf Stavlcs, Conn- 
iy of Somerset. 23d February, 1813. 

On the petition of the Selectmen of tlie town of Starks, in 
the County of Somerset, stating that said town on the 9th 
day of Marcti last past, did elect their Assessors by hand 
Vote, and ])raying that tlie doings of said Assessors may be 
made valid, the want of their Jiciug legally chosen iiotwith- 
j< tan ding. 

Therefore resolved, for reasons set forth in said petition, 
that the I)oings of said Assessors be, and they are hereliy 
confirmed and made valid to all intents and purposes as they 
would have been if said Assessors had been legally chosen. 



CHAP. CXL. 

Resolve on the Petition of Thomas Walciit and G7'ant,M04<. 
33d February, 1813. 

Resolved, That one Imndred and four dollars be granted 
and paid out of the public Treasury, to Thomas Vv'alcut, in 
full for writing done for the Legislature in tlieir rceess. ac- 
cording to the account here wit ii exhibited, 
9 



136 PET. OF SAMSON WOODS— /ein/ary 23, 1SI3. 

CHAP. CXLI. 

Resoli'p on the Petition of Salnson Woods, authorizing the 

Governor to issue his Warrant, with a Proviso. 

23(1 February, 1813. 

On t]ie petition of Samson Woods, praying indemnity by 
reason of the breaches of the covenants in a Deed made by 
the Commonwealth's Agents to Henry Woods. 

Resolved, on the foreaioing petition, for the reasons there- 
in stated, that Samson W^oods, aforesaid, be, and hereby 
is autliorized to draw and receive from the Treasury of this 
Comiuonwcalth, the snm of two thousand two hundred and 
thirty two dollars and seventy four cents, for the value of the 
lands mentioned in said petition, withoat the betterments 
made thereon ; and also such sum as shall be taxed in said 
several suits for the demandants' costs by the Clerk of the 
Circuit Court of Common Pleas, in the County of Middle- 
sex, whose certificate of the amount of said costs, shall be 
evidence to authorize his Excellency the Grovernor of tliis 
Commonwealth, to issue his warrant therefor ; and also the 
sum of three hundred dollars for expences in defending said 
several suits : 

Pravided, however, that the said Samson shall, before re- 
ceiving said several sums, make and execute a release or on 
an attested co])y of tlie Heed of said Agents to said Henry 
Woods, of all the covenants contained in said Deed, and 
shall file said copy, Avith tlie release thereon, in the office of 
tiie Secretary of State. 



CHAP. CXLII. 

Jlesolve on the Petition of John P. Boyd, directing the 
Treasurer, 33d February, 1813. 

On the petition of John P. Boyd, praying for relief against 
a contract made between liim and the Agents for the Sale 
of Eastern Lands, for the sale, and purchase of three 
townsliips of Land lying in the District of Maine. 

McsoJved, T\it\t the Treasurer of this Commonwealth be, 
and he»-eby is authorized to state an account with the said 
John P. Boyd, charging him with eleven thousand six hun- 



PET. OF TRUS. SACO ACAD.— Fe^mar^^ 23, 1813. 157 

tired fifty six dollars^ being one third part of the sum due to 
the Commonwealth, for the sale of said three townships, 
with interest from the time of making said contract, and 
crediting said Boyd with all sums that have been paid by 
him or any other person into the Treasury, on account of any 
contract made for the sale of said lands, with interest from 
the respective dates of such payments ; and upon the pay- 
ment of such balance as shall then be found due to the Com- 
mcnwealth, on or before the tenth day of May, in the year of 
our Lord one thousand eight hundred and fourteen, by ^aid 
Boyd or his assigns ; and upoM their delivering up said con- 
tract to be cancelled, the Agents of Eastern Lands, for the 
time being, are hereby authorized to make a good and suffi- 
cient Deed to said Boyd or his assigns, of one of said town- 
ships of land, being number two, in the seventh range, ly- 
ing north of the Waldo Patent, and between the rivers Ken- 
nebeck and Penobscot, subject to the restrictions, reserva- 
tions and conditions expressed in said contract made be- 
tween said Agents and said Boyd, on the tenth day of May, 
in the year of our Lord one thousand eight hundred and six, 
and that upon such payment, the notes made by said Boyd 
to the Treasurer of the Commonwealth, to secure the pay- 
ment of the sum mentioned in said contract, be cancelled. 



CHAlP. CXLIIL 

Resolve on the Feiition of the Trustees of Saco Jlcademy, an- 

ihorizing the Agents for Sale of Eastern Lands therein. 

23d February, 1813. 

On the petition of the Trustees of Saco xAcadcmy, praying 
that the Agents for the Sale of Eastern Lands may be au- 
thorized to sell them a tract of land adjoining a half town- 
ship, located for said Academy, on Moose Head Lake. 

Resolvedy for reasons set forth in said petition, that the 
Agents for the Sale of Eastern Lands be, and they hereby 
are authorized to ascertain the quantity and quality of said 
tract, and sell the same to the said Trustees, their succes- 
sors or assigns, or any other person or persons, for such 
sums, and conditions of payment, as said Agents shall think 
j ust and reasonable. 



13S ORIG. PAPERS IN SEC. OFFICE— Fcbruar?/ 23, 181S. 

CHAP. CXLIV. 

Mesolce j)ermitti7is;to he taken OripmdPajJersintheSec.re- 
tarifs Offce, helonging to Claimants of certain Lands in 
the' Coiintij of Lincoln. 23(1 February, 1813. 

Jiesohed, Tliat the Cluimaiits of certain Lands, in the 
County of Lincoln, or their attornics, are permitted to take 
out of tlie Secretary's Office, any oriii;inal papers, or copies 
of records, belonging to them resperiively, which were of- 
fered in evidence before tlie i'ommissi oners appointed by 
the Governor and Council^ to settle ind adjust the Claims to 
the Lands in the towns of Bristol, Nobleborough, and otlier 
towns expressed in the Commis>?ion : 

Provided, said Claimants, or their attornies, shall give 
their receipt or receipts therefor. 



CHAP. CXLV. 

Resolve on the Petition of James Carr, of Bangor, a Mem* 

her of the Court, alloicing Pay for travel. 

24th February ,"l81 3. 

'Resolved, That there be paid out of the Treasury of tjiis 
Commonwealth to James Carr^ of Bangor, in the County of 
Hancock, iifty-six dollars, being the amount of his travel as 
Representative, to and from the General C'ourt, in June, 
4812 ; and his Excellency the Governor, with the advice of 
Council, is requested to issue his warrant upon the Treasu- 
ry for the payment of the same. 



CHAP. CXLVI. 

Resolve authorizing the Selectmen of Machiasto erect a Gun- 
house. 25th February, 1813. 

Resolved, That the Selectmen of the town of Machias 
be, and they are hereby authorized to erect an additional 
G^nnhouse, for the Artillery Company in said town, at such 
place as to them may seem best for the convenience of as- 
sembling said Company, and that his Exelleucy the Govern- 



PET. B. LEE AND GRANT:-'F€bmary25,lSl3. 139 

or, by and with the advice of CotliTcil, be empowered to draw 
liis warrant on the Treasury for the expcnce of the same, 
certifted by tlie said Selectmen : 

Provided, the same sliall not exceed the sum of one hun- 
dred dollars. * 



CHAP. CXLVn. 

Resolve on the Petition of JBevjamin Lee, granting Jdm 
SI 19 25. 25th February, ISIS."^ 

On the petition of Benjamin Lee, of Cambridge, in tlic 
County of Middlesex, praying to be indemnified for the 
damages, costs and charges incurred and paid by him in a 
suit prosecuted against him by Esther Sewall, for her dow- 
er, in certain lands and tenements, situate in said Cambridge, 
which were conveyed by certain Agents of this Common- 
wealth, thereto duly authorized, by their deed with warriinty 
to the person under whom the said Benjamin Lee now claims 
and holds the said estate. 

Resolved, That there be allowed and paid to the said 
Benjamin Lee, out of the Treasury of this Commom\ ealth, 
the sum of one liundred and nineteen dollars and t^\ enty five 
cents in full for all the said damages, costs and charges, in- 
curred, and paid by him, in the suit aforesaid. 



CHAP. CXLVIII. 

JResolve an the Petition of Mary Bridge, of Lexington^ 
Widow. 2i7tli February, 1813. 

On the petition of Mary Bridge, of Lexington, in the 
County of Middlesex, widow. Administratrix of the cst;ite 
of Johii Bi'idge, late of Billerica, in said County, trader, de- 
ceased, testate, stating that she took upon herself that 
trust by giving bond as the law requires the twelfth day of 
May, 1815, and on the twentietli day of .hily, A. D. 1812, 
posted notifications thereof in public places in said Billerica, 
and printed a like notification, three weeks successively be- 
ginning on the eleventh day of said July, as directed by the 



UO ACTS. E. LANDS SURV. LAND— Fefimflry 25, 1815. 

Judge of Proljate of said County^ and on the eighteenth day 
of February, A. D. 1813, caused her affidavit of her proceed- 
ings v/ith a true copy of one of said notiiications to be re-* 
corded in the Probate office in said County, but was una- 
voidably prevented from causing such affidavit, with such 
copy of such notification, to l)e recorded in said office, within 
seven months, as the law in such cases requires. 

Resolved, for said reasons, that an attested copy of the said 
Mary's affiidavit, recorded as aforesaid, taken from the re- 
cords of the said Probate office, shall be admitted in evidence 
in any Court, and shall be valid in law, to all intents and 
purposes, as fully as if said affidavit, had been recorded in 
said Probate office, within seven mouths from the time the 
said Mary took upon herself the said trust, any law to the 
contrary notwithstanding. 



CHAP. CXLIX. 

Mesolve divecting the Agents for the Sale of Eastern Lands^ 

to cause a Survey of Land lying in Berwick and Sanford. 

25th February, 1813. 

Resolved, That the Agents for the Sale of Eastern Lands, 
be directed to cause to be surveyed, a certain tract of 
l.and lying in Berwick and Sanford, containing about forty 
acres, part of which is in possession of William Johnson, or 
any other gores or tracts of land in the County of York, 
belonging to the Commonwealth, and a plan and survey 
thereof to be returned into the Land office in Boston, and to 
sell and dispose of any such lauds to any person or persons, 
on such terms as they shall judge just and reasonable. 



CHAP. CL. 

, Resolve granting a Tax to the County of Hamjishire. 
25th February, 1813. 

Whereas, the Clerk of the Court of Sessions for the Coun- 
ty of Hampshire, has exhibited an estimate made by said 
Court of the necessary charges which may arise in said 



PAY TO S. LAFnAM-^Februar7/2dy 1813. Itl 

County for tlie year ensuing, and of the sums necessary to 
defray the same. 

Resolved^ That the sum of six thousand four hundred and 
fifty dollars he, and the same hereby is granted as a Tax for 
the said County of Hampshire, to he apportioned, assessed, 
paid, collected and applied for the purposes aforesaid, ac- 
cording to law. 



CHAP. CLI. 

llesolve alloichig Pay to Si/lvanus Lajjlmm^ an Assistant 
Messenger to the General Court. 26th February, 181.3. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, unto Sylvanus Lapham, As- 
sistant to the Messenger of the General Court, one dollar 
per day daring the present session of the Legislature, over 
and above the usual alloAvance t© him, which was two dollars 
per day. 



CHAP. CLII. 

Resolve on Petition of Joseph Barrett, granting him ^i'^^h, 
S6th February, 1813. 

On the petition of Joseph Barrett, praying to be reimbursed 
for the expences by him incurred and time expended in de- 
tecting one Cyrus Fay, charged with forgery, who was 
bound over to Court in the sum of one thousand dollars, and 
afterwards forfeited and paid over to the use of the Com- 
monwealth, the amount of his recognizance. 

Resolved, for reasons set forth in said petition, that there 
be granted and paid out of the Treasury of this Common- 
wealth, to the said Joseph Barrett, the sum of one hundred 
and seventy four dollars ; and that his Excellency the Gov- 
ernor, by and with the advice of the Council, is hereby an 
thorized to issue his warrant for the same accordingly. 



1 12 PET. OF S. AND J. HtNT— Fein/nry 26, 181^. 

CHAP. CLIII. 

Resolve on ihe Petition of Samuel and Jonathan Hunt. Ad. 
minlstrators on the Estate of EJisha Hunt. Esq. author 
izin^ them to convey Land. SGth Februavy, 1813. 

On the petition of Samuel Hunt anil Jonathan Hunt, Ad 
Diiniistratovs on the estate of Elisha Hunt, bite of Northfield. 
in the County of Franklin, Esquire, representing that the 
said Elisha Hunt, deceased, in the life time of the said 
Hunt, bargained for and sold to Parmenas Temple, Thomas 
Champlain, Edward Nettleton, Artemas Morse, and Moses 
Dickenson, all of said Northfield, certain lands in said 
Northfield, the quiet and peaceable possession of which they 
h.ave severally had and enjoyed from the date of their seve- 
ral contracts, and have severally paid the full amount of the 
same, and by reason of the sudden death of said Hunt, the 
said Temple, Champlain, Nettleton, Morse, and Dicken- 
son, have not been able to procure a legal title to the foUoAV- 
ing described lands. To Parmenas Temple, twenty-five 
acres of land, lying on the West side of Counecticut river, 
with the buildings standing on the same, being.on the West 
side of the County road leading to Yernon, in tlie State of 
Vermont, and bounded North and West on land of the heirs 
of said Hunt deceased. East on tlie aforesaid County road, 
South on land of Otis French. To Tliomas Champlain, 
the following described lands, lying East of the street in 
said Northtield, and on the South side of the turnpike road 
leading to Warwick, bounded Nortli on said turnpike. East 
and South on land of the heirs of said Hunt deceased. AVest 
on a town highway, containing two acre;^ with the buildings 
standing on the same. To Edward Nettleton, the follow- 
ing tract of land, containing four acres and one half, lying 
on the West side of the County road leading to Wendell, 
bounded North on land of said Nettleton. South on land of 
Timotliy B. Dutton, West on Sha:nmah Pomeroy, East on 
the aforesaid County road, and is sixty-three rods in length 
and eleven rods and an half in width. To iVrtemas Morse, 
two acres of land with the buildings on the same, lying in 
Northfield aforesaid, on the North side of the County road 
leading to AVarwick. and Ijounded North and West on land 
of the heirs of said Hunt, South on the aforesaid County 
road. East on the town line. And to Moses Dickenson, 



PET. OF JOHN BIAKE— February/ 26, 1813. 143 

two acres of land with a small house thereon, on the West 
side of Connecticut River, and on the East side of the Coun- 
ty road loading to Yernon, bounded West on said County 
road, South on land of Lemuel Presion, East on land of 
John French, North at a point, being a triangular tract of 
land. Therefore, for reasons set forth in said petition, 

Resolved, That Samuel Hunt and Jonathan Hunt, Admin- 
istrators on the estate of Elisha Hunt, Esq. deceased, he, and 
they are hereby authoiized, by deed or deeds duly acknowl 
edged and recorded, to convey to said Parmenas Temple, 
Thomas Champlain, Edward Nettle ton, Artemas Morse and 
MosesDickinson, the respective tracts of land above said, in 
fee, and tliat said deed or deeds so made as aforesaid, shall 
be as good and valid, to all intents and purposes, as though 
the same had been made by the said Elisha Hunt, Esq. in 
his life time. 



CHAP. CLIV. 

Resolve on the Petition of John Blake , Agent for the Penob- 
scot Indians, and Grant, S300. 26th February, 1813. . 

On the petition of John Blake, Agent for and in ])ehalf of 
the Penobscot tribe of Indians, praying that the Government 
of this Commonwealth would grant said tribe some further 
aid towards their support. 

Resolved, for reasons set forth in said petition, that there 
be allowed and paid out of the public Treasury of this Com- 
monwealth to said John Blake, Agent as aforesaid, the sum 
of three hundred dollars, to be by him appropriated and ap- 
plied towards the support and maintenance of said Indian 
tribe, he to be accountable to the Legislature of said Com- 
monwealth for the same ; and that his Excellency the Gov- 
ernor is hereby authorized to draw his warrant accordingly, 

CHAP. CLV. 

Resolve on the Petition of Joseph Treat, autJioriziti^ Agents 

on Eastern Landsto convey Islands in PenobscotRiver. 

26th February, 1813. 

On the petition of Joseph Treat, requesting the Legisla 
ttire to confirm to him and his associates, the title of snndrv 
10 



144 PET. OF SARAH EVFF—Februarf/ 26, 181i\ 

Islands in Penobscot liiver, which they purchased of Salem 
Towne, Esq, Agent for the sale of Indian Lands. 

liesolvedy for reasons set forth in said petition, that the 
Agents for the sale of Eastern Lands be, and they hereby 
are authorized to convey to the said Joseph Treat and his 
associates, all the Islands in Penobscot River, purchased by 
said Treat and his associates of Salem Towne, aforesaid, by 
two deeds, one dated the 31st day of May, 1804, the other 
dated the 17th day of June, 1805, excepting Islands No. 0, 
(called Shad Island) number 4 and 6 : 

Prodded, said Treat and his associates shall, on or be- 
fore the first Wednesday of June next, remise, release, and 
({Slit claim to the Commonwealth, any and all claim to said 
Shad Island numbered five, and Islands numbered four and 
six, as per plan and deeds of said town, and the said con- 
veyance to be made as aforesaid by the Agents for Eastern 
Lands, shall be cosidered as a full compensation for all the 
Isknds in said river, purchased of said Towne, excepting 
the Islands above named, 4, 5 and 6. 

Be it further resolved, That in compensation for the re- 
linquishment of said Islands, Nos. 4, 5 antl 6, there be paid 
out of the Treasury of this Commonwealth the sum of one 
hundred dollars, and also a further sum of one hundred dol- 
lars, for damages done the said Treat and his associates, by 
the Indians, in pulling down a fish store. 



CHAP. CLVI. 

Resolve on the Petition of Sarah Huff, granting an Appeal 

in the Probate Court, County of York. 

26th February, 1813. 

On the petition of Sarah Hufi", of Arundel, in the County 
of York, widow of James Huff, the third, late of said Arun- 
del, deceased, and heir to tlie estate of Francis Burnham, 
late of said Arundel, deceased, setting forth that one Eben- 
ezer Huff, who married the widow of said Burnham, admin- 
istered on his estate, and on the sixteenth day of April, in 
the year of our Lord eigth teen hundred and four, by a de- 
cree of Edward Cutts, tlsen Judge of Probate for the Coun- 
ty of York, obtained the allowance of his account against 
said estate, to the amount of seventeen hundred and eighty 



TREAS. TO BORROW MONEY— Feirwary 27, 1813. 115 

two dollars and ninety one cents, which allowance was 
wrong, and that by accident or mistake, she had neglected 
to appeal from said decree, and praying for liberty to appeal 
therefrom, ami enter her appeal at the Supreme Court of 
Probate. 

Resolved, That the said Sarah Huff is hereby authorized 
and empowered to appeal from said decree, and to enter and 
prosecute her appeal from said decree of said Judge of Pro- 
bate, in the Supreme Court of Probate, in the County of York, 
in the same manner as slie might have done, within thirty 
days next after said decree was made. 

Provided, said appeal shall be entered in the said Supreme 
Court of Probate, within twelve months next after the pas- 
sing this resolve, and that said Sarah HuiT give notice to 
said Ebenezer Huff, in writing, served by an Officer quali- 
fied to serve civil process, of her intention to enter her ap- 
peal, fourteen days previous thereto. 



CHAP. CLVII. 

Resolve authorizing the Treasurer to horrow Moneij of the 
Boston and Union Banks. 27tli February, 1813. 

Resolved, That the Treasurer of tliis Commonwealth be, 
and he hereby is authorized and directed to borrow of the 
Boston and Union Blanks, in addition to the sum now bor- 
rowed, any sum not exceeding one hundred thousand dol- 
lars, tiiat may at any time within the present year be neces- 
sary for the payment of the ordinary demands made on the 
Treasury, and that lie repay any sum he may borrow, as 
soon as money sufficient for tliat purpose, and not otherwise 
appropriated, shall be received into the Treasury. 



CHAP. CLVIII. 

Resolve on the Petition of Oliver Shead, Lieutenant- Colo' 

nel of the Sd Regiment^ 2d Brigade, iOth Division. 

37th February, 1813. 

The Committee who had under consideration the peti- 
tion of Col. Oliver Shead, have attended that duty, and re- 



m PAY J. PERRY AND W. CHASE— Jeferwarj^ 27, 1813. 

port : That soon after the commencement of hostilities, the 
third regiment of the second brigade, in the tenth division of 
the Militig, was ordered out, and stationed at Eastport, for 
the protection of the lives and property of the citizens until 
they were relieved by the detached Militia. 

Therefore resolved, That there be allowed and paid out of 
the Treasury of this Commonwealth, to the said Oliver 
Shead, and the officers, non-commissioned officers, musi- 
cians, and privates, the pay and rations as established by 
law, that the pay rolls be referred to the Adjutant for ex- 
amination, and that his Excellency the Governor be^ request- 
ed to draw his warrant on the Treasury of this Common- 
wealth, for the sums allowed by the Adjutant-Greueral. 



CHAP. CLIX. 

Mesolve for Paying to John Perry and Warren Chase, 
M per day each. S7th February, 1813. 

Hesolved, That there be allowed and paid out of the pub- 
lic Treasury, unto John Perry and Warren Chase, Assis- 
tants to the Messenger of the General Court, one dollar per 
day each during the present session of the General Court, 
over and above the usual allowance to them, which was two 
dollars per day. 



CHAP. CLX. 

Mesolve for Paying Ward Lock, Jlssistant Messenger to the 
Governor and Council. S7th February, 1813. 

Resolved, That there be allowed and paid out of the pub- 
lic Treasury of this Commonwealth, to Ward Lock, the 
sum of fifty dollars in full, for his services as Assistant Mes- 
senger to the Governor and Council, the present session of 
the General Coiu't. 



PAY TO CLEllKS G. COURT— ZBrwfln/ 27, 1813. 147 

CHAP. CLXI. 

Mesolve allowing Pay to the Clerics of the General Court, 
S7th February, 1813. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Marcus Morton, Clerk 
of the Senate, and to Benjamin Pollard, Clerk of the House 
of Representatives, three hundred and fifty dollars each ; and 
also to Robert C. Vose, Assistant Clerk of the Senate, and 
to Thomas Walcutt, Assistant Clerk of the House of Re- 
presentatives, two hundred and fifty dollars each, in full for 
their services in said offices the present year. 



CHAP. CLXIL 

Mesolve allowing Pay to Stephen H. Tower. 
S7tli February, 1813. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Messenger, to be 
by him paid over to Stephen Hall Tower, one dollar and 
twenty five cents per day, for each day, he, the said Tower, 
shall have attended as page, the present session of the 
Greneral Court. 



CHAP. CLXIII. 

Mesolve for Paying the Chaplain of the Seriate and the Chap^^ 

lain of the House of Representatives* 

27th February, 1813. 

Resolved, That there be allowed and paid out of theTrea^ 
sury of this Commonwealth, to the Rev. Dr. Thomas Bald- 
win, Chaplain of the Senate, and to the Rev. Horace Holley, 
Chaplain of the House of Representatives, sixty dollars 
each in full for their services in said offices the present 
year. 



148 GRANT TO T. METCALF, ESQ .~Fe6r««ry27,1813. 

CHAP. CLXIV. 

'Resolve granting S300 to Tlieron Metcalf, Esq. Reporter 

of Decisions on Contested Elections of Representatives. 

37th February, 1813. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, the sum of three hundred dol- 
lars to Theron Metealf, Esq. in fall for his services in col- 
lating and superintending the printing for the use of the 
House of Representatives, agreeable to the order of said 
House, seven hundred and fifty copies of questions, docu- 
ments and decisions on cohtested elections ; and for his ser- 
vices as Reporter of decisions on contested elections, to the 
end of the present session of the General Court ; and the 
Governor of this Commonwealth is hereby requested to draw 
liis warrant on the Treasury in favor of said Metealf, for that 
sum. 

CHAP. CLXV. 

Resolve awthori%ing William Smith, Esq. surviving Agent 

for the Sale of Eastern Lands, to fulfil Contracts, S^c. 

27th February, 1813. 

Resolved,^\isii William Smith, Esq. surviving Agent for 
the Sale of Eastern Lands, be, and he hereby is authorized 
and required until the further order of the General Court to 
fulfil and perform all the bargains and contracts which John 
Reed, Esq. lately deceased, and the said William Smith 
were required and empowered to do, by a resolve of the 
General Court, passed the 15th day of March, 1805, or that 
have been, or may be enjoined upon the Agents for the Sale 
of Eastern Lands, by any subsequent resolve. 

CHAP. CLXVL 

Resolve providing for the Defence of Boston and other Pla- 
ces. 27th February, 1813. 

Resolved, That the Governor, with advice of Council, be, 
And he is hereby authorized to adopt such defensive raea- 



PROV. DEFENCE BOSTON, Scc.-^Fehruari/ 27, 1&13. 149 

sures, and to carry the same into immediate execution, as may 
be deemed necessary to protect the town of Boston, its har- 
bor and vicinity, and the towns, ports and harbors of this 
Commonwealth, fiom the invasion of an enemy during the 
present war. 

And for the purpose aforesaid, the Governor is hereby au- 
thorized to employ any officer, or officers, person, or persons 
skilled in the science of engineering and gunnery, also to 
mount such number of heavy cannon, mortars, and howitzers, 
on travelling or fort carriages, as may be deemed necessary, 
to provide munitions of war in sufficient quantities, and all 
the necessary apparatus for a powerful train of heavy artil- 
lery, to ascertain and designate the posts or places where 
said artillery can act with the greatest effect against the en- 
emy's shipping entering or attempting to enter our ports and 
harbors, to cause batteries to be constructed, and breast 
works to be thrown up where it may be deemed necessary, 
with furnaces to heat shot. 

And the Treasurer of this Commonwealth is hereby au- 
thorized and empowered to borrow of any Bank or Banks 
in this Commonwealth, a sum of money not exceeding one 
hundred thousand dollars, to be applied to the purposes a- 
foresaid, and to be accounted for accordingly. 

The aforesaid money to be borrowed in such sums as the 
Governor, with advice of Council, shall from time to time di- 
rect, and the Governor is hereby authorized from time to 
time to issue his warrants upon the Treasury for such sums 
as may be deemed necessary for carrying into effect the pur- 
poses of this resolve. 

Jlnd he it farther resolved^ That the Governor be request- 
ed to apply to the Executive of the United States, and re- 
spectfully request such supply of muskets, belonging to the 
United States, as may be conveniently furnished, and as may 
be considered the proportion to which this Commonwealth 
may be entitled, to be apportioned and distributed to the sev- 
eral towns of tliis Commonwealth, for the use of the Militia 
thereof, in such manner as the Governor, by and with the 
advice of Council, may deem most for the public service. 



150 PAY I'O ELIJAH H. MILLS— February ^, 1813. 

CHAP. CLXVII. 

Resolce allowing Pay to Elijah II. Mills, a Member of the 
Legislature. S7th February, 1813. 

Resolved, That there be allowed and paid out of the pub- 
lic Treasury, to Elijah H. Mills, twelve dollars for six days 
attendance as a Member of the Legislature, at the last June 
session, which was omitted to be made up by the Committed 
6n the pay roll. 

CHAP. CLXVIII. ^ 

Resolve alloiving Pay to the Committee on Accounts. 
37th February, 1813. 

Resolved, That there be allowed and paid out of the pub- 
lic Treasury to the Committee to examine and pass on ac- 
counts presented against the Commonwealth, for their atten- 
dance on that service, during the present and last session, 
the sums annexed to their names in addition to their pay 
as Members of the Legislature : 

Hon. Nathan Willis, thirty four days, thirty four dollars. 

Hon. Silas Holman, thirty eight days, thirty eight dollars. 

Hon. Joseph Whiton, thirty eight days, thirty eight dollars* 

James Robinson, thirty eight days, thirty eiglit dollars. 

George Crosby, thirty four days, thirty four dollars. 

Which sums shall be in full for their services aforesaid 
respectively. 



CHAP. CLXLS. 

Resolve granting Benjamin Polhrd, £sq. S300. 
37th February, 1813. 

Resolved, That there be allowed and paid out of the pub- 
lic Treasury, three hundred dollars to Benjamin Pollard, 
Esq. for his services during the recess, in examining, ar- 
ranging and placing in proper order the Files of this House, 
from tlic year 1775, to the laj^t year. 



PAY TO JACOB KVnN—Febrnart/^7i 1813. 351 

CHAP. CLXX. 

Resolve allowing to Jacob ICuhn, Messenger to the General 
Court f SSOOj in full for services to Sist May ensuing, 
S7th February, 1813, 

Resolved^ That there be allowed and paid out of the pub- 
lic Treasury of this ConimojiweaUlij to Jacob Kuhn, Mes- 
senger of the General Court, the sum of two hundred dol- 
lars, which, with the sum already allowed him, shall be in 
full for his services the present year, ending the 30th of 
May next. 

CHAP. CLXXI. 

Mesolve on the Petition of Daniel Hart, of Townsend, and 
Grant, iSlOO. 27th February, 1813. 

On the petition of Daniel Hart, pra;ying for relief 
by reason of a wound he received on the seventh day of Oc- 
tober, A. H. 1812, while doing his duty as a private in a 
Company of Infantry, under the command of Captain James 
Adams, Jun. in the 2d Regiment, 2d Brigade and 3d Divi- 
sion of the Militia of said Commonwealth. 

Resolved, for reasons stated in saitt petition, that there be 
granted and paid out of the Treasury of this Commonwealth, 
to the said Daniel Hart, one hundred dollars ; and his Ex- 
eellency the Governor, with the advice of the Council, is 
hereby requested to issue a warrant on the Treasury for the 
payment of said sum to the said petitioner. 



CHAP. CLXXII. 

Resolve directing the Clerics of the Su'preme Judicial Couft 
for Suffolk County, to arrange andftle the Papers and Re- 
cords of their Office. 27th Febmary, 1813. 

Resolved, That the Clerks of the Supreme Judicial Court 
in the County of Suffolk, be, and they are hereby authoriz- 
ed and directed to file and arrange the records and papers 
of said Court, which records and papers belen£;ed to said 
11 



152 PlY FOR SUPP. TO TROOFS—Fcbruar?/ 27, 1813. 

Court when the records of all its proceedings ie the several 
Counties in this Commonwealth were deposited in the Clerks' 
oilice of said Court in Boston, and that said records antl 
papers be so Hied and arran2;ed in such order as to be acees- 
sablc to pei-son!^ having lawful occasion to resort thereto. 

Be it farther resolved. That said Clerks ni<ake an account 
of the expences arising from effecting the purpose of this re- 
solution, which account being examined and certified by one 
or more oftlie Justices of the Supreme Judicial Court, the 
same shallbe laid before the Committee on Accounts, for aU 
lovrance. 



CHAP. CLXXIII 

Mcsolve for Paying sundry Accounts for Sujpylies to the 

detached 7\oops at the Eastern Frontiers. 

27th February, 1813. 

The Committee who had under consideration the petitions 
of the Selectmen and others, of several towns in the District of 
Maine, for compensation for supplies for the drafted Militia, 
have attended that duty, and report the following resolve : — 
Wliereas^ by a General Order of the Commander in Chief, 
dated the 5th day of August last, a part of the Militia de- 
tached in compliance with a law of the United States, pas- 
sed the 5th day of April last;> were drawn out and stationed 
at Eastport, in the District of Maine, and sundry expences^ 
have tliereby accrued. 

Therefore resolved^ That by virtue of the 2U]i section of 
a law of this Commonwealth, passed on the 6th day ofMarcli, 
A. D. 1810, there be allowed and paid out of the Treasury 
of this Commonwealth to the following named towns, planta- 
tions and persons, the sums allixed to their names respec- 
tively, the items of which liavebeen examined and found du- 
ly vouched, viz : — 

To the Selectmen of Bangor, the sum of S1S6 09 

Brewer and Eddington, - 14(5 33 

Blue Hill, 85 89 

Samuel Woods' Account, 13 25 

Selectmen of Corinth, ' 17 33 

" Dixmont. 45 87 

Plantation of Lee. 56 52 



GOV. DR. WARTS. FAV. S. VRIS.— February 27, 1813. 153 

Plantation No. 3, 1st Range, 38 65 

Selectmen of Ellsworth, 22 67 

" Exeter, 17 01 

'- Frankfort, 180 83 

^* Hampden, 100 15 

'' Orono, 53 38 

Assessors No. 2, 2d Range, 39 03 

Town of Calais, certified by Major Ulmcr, 309 93 

Captain Chamberlain's Account, Commander 

of one of the Companies, M7 94< 
Trawbridge and Bisco's xVccount, certified by 

Col. Ulmer, 382 33 

Whitney and Dorr's Account, by do. 568 35 

Captain Thomas George's Account, 119 88 

TowuofOrrington, 116 38 

S2887 78 
And that his Excellency the Governor be requested to di-aw 
his warrant on the Treasurer of this Commonwealth for the 
same sums accordingly. 

CHAP. CLXXIY. 

Jlcsolve authorisins; tJie Governor to draw his JVarraiits in 

favor of of the Warden of the State Frison. 

37th of February, 1813. 

Mesolvedf That his Excellency the Governor, by and with 
the advice and consent of the Council, be, and lie is hereby 
authorized to draw warrants upon the Treasurer of this Com- 
monwealth in favor of the Warden of the State Prison, for 
«uch sums, and at such periods as may be deemed expedient 
by the Governor and Council, not exceeding tlu'ee thousand 
dollars, to enable said Warden to fuliil his contracts, and de- 
fray the expences of said Prison, he to be accountable for 
the same. 

CHAP. CLXXV. 

Hesolve for Compensating; Generals Seicnll and BlaJcefor 
services in detachin,^ Militia for the Jblastern Frontier. 
37th February, 1813. 

The Committee who had undei* cousideration the petition 



1S4 PAY CAPTS. CHAMBERLAIN, &c.— jPeftrwary 27, 1813. 

of Major General Sewall and Brigadier General Blake, have 
attended that duty, and report : Tliat by a General Order of 
the Commander in Chief, dated the 5th day of August last, 
said oflBcers were directed to call out and station at Eastport, 
a part of the Militia of this Commonwealth, in obedience to a 
law of the United States, that in the execution of that duty, 
they have been at great expenee of money as well as time, and 
that a sum equivalent to their actual expences ought to be al- 
lowed them. 

Thevpfore resolved, That there be allowed and paid out of 
the Treasury of this Commonwealth to Major General Henry 
Sewall, the sum of seventy dollars, and also to Brigadier 
General John Blake, the' sum of seventy dollars, as a com- 
pensation for their services ; and that his Excellency the 
Governor be requested to draw a w arrant on the Treasury of 
this Commonwealth for the above sums. 



CHAP. CLXXVI. 

Mesolvp granting SI 20 to Captains Chamberlain and George 
for travel to obtain Patj for the troops detached for the 
Eastern Frontier. 27th February, 1813. 

The Committee who had under consideration the petition 
of Captain Joshua Chamberlain, and Thomas George, re- 
port : That in consideration of the expenee which they have 
incurred in travelling from the District of Maine, a distance 
of about 300 miles, to obtain payment of wages and supplies 
foi* the Companies detached and stationed at Eastport, un- 
der their command, by order of Major General Sewall, a 
reasonable compensation ought to be made. 

Therefore resolved, That there be allowed and paid out 
of the Treasury of this Commonwealth, to Captain Joshua 
Chamberlain, the sum of sixty dollars, and to Captain Thom- 
as George, the sum of sixty dollars, as a full compensation 
for the above mentioned service, and that his Excellency the 
Governor be requested to di"a,w his warrant on the Treasury 
for the above sums. 



tJOMS. TO ARRANGE ACTS. &c.—Februar7/ 27, 1813. 155 
CHAP. CLXXVII. 

Jiesolve appointing Commissioners to collect and arrange 
the Accounts of Fay to the Militia ordered out to the Fron- 
tiers of this State. Wh February, 1813. 

Besolved, That the Adjutant General and the Treasurer 
of the Commonwealth, for the time being, be, and they are 
hereby appointed Commissioners to collect and arrange the 
accounts of pay, subsistence and expences of the Militia of 
this Commonwealth which have been ordered to march to 
the frontiers of this State, in the years 1813 and 1813, and 
■which have been paid from the Treasury of this Common- 
wealth, and to request and receive from the General Gov- 
ernment of the United States, the reimbursement of all such 
(jums, and to give the proper receipts or discharges therefor ; 
and the same when so received to pay into the Treasury of 
this Commonwealth. 

CHAP. CLXXVni, 

Mesolve on the Petition of Shuhael Bell, fixing the Hate of 
Rent he is to Pay for Estate Leased to him. 
27th February, 1813. 

On the petition of Shubael Bell, of Boston, in the Coun*^ 
ty of Suffolk. 

Resolved, for rea5ons set forth in said petition, that said 
Bell pay to the Treasurer of this Commonwealth, for the 
term of two years, five hundred dollars rent for each year, 
for the premises described in said petition, from the first day 
of December, eighteen hundred and twelve, should his lease 
continue so long, otherwise in that proportion during his oc- 
cupancy, which shall be in full for the rent reserved by said 
lease. 



CHAP. CLXXIX. 

Resolve on the Petition of Jacoh Welsh, allowing him Pay 
for Lands with a proviso. 27th February, 1813. 

On the petition of Jacob Welsh; praying to be indemni- 



156 PAY SELECT. EASTPORT, Sic-^Februmy 27, 1813. 

iied for tlie breaclies of the covenants, contained in a certaiisi 
Deed made by the Agents of the Commonwealth to said 
Welsh, in the year 1781. 

llesolved^ for the reasons set forth in the foregoing petition, 
that the said Welsh shall be allowed and paid out of the 
Treasury of this Commonwealth, the sum of iifteen hundred 
and twenty six dollars and seventy five cents, being the val- 
ue of the lands mentioned in said petition, and also such 
sum as shall be taxed for the demandant's costs in the se^ 
veral suits mentioned in said petition, in the Circuit Court 
of Common Pleas, in the County of Middlesex, and that the 
Certilicate of the Clerk of said Court of the amount of said 
costs, shall be evidence to authorize his Excellency the 
Oovernor to issue his warrant therefor, and there shall also 
be allowed to the said Welsh, the further sum of eighty 
eight dollars to indemnify him for his expenees and trouble 
in defending said suits : 

Provided f however, that the said Welsh, before he shall 
receive any of said sums, shall make and execute upon an 
attested copy of the deed of said Agents to said Welsh, a re- 
lease and discharge of all the covenants contained in said 
deed, and shall file the same release in the ofSee of the Se- 
cretary of this Commonwealth. 



CHAP. CLXXX. 

Mesolve for Paying the Selectmen of East port, Calais and 
JRohbinstonj and Chase and Hills, their Accounts of Sup- 
plies to the Troops, ^c. 27th February, 1813. 

The Committee to whom was recommitted the petitions of 
the Selectmen of Eastport and others, for supplies for the 
local Militia, report the following resolve : — 

llesolved, That by virtue of the 24th section of a law of this 
Commonwealth, passed on the 6th day of March, A. D. 
1810, that there be allowed and paid out of the Treasury of 
this Commonwealth, to the towns and persons herein after 
named, the sums affixed to their names respectively, the 
items of which have been examined and found duly vouched 

To the Selectmen of Eastport, S 1056 50 

" Calais, 350 00 

" Robbinston, 147 00 



PAYING ROLLS, Scc^Febmanj 27, 1813. }5t 

15 00 



Chase & Hills, for Storage, as certified 



by Q^uarfcer Master Jones, 



Making the sum of S 1568 50 

And that his Exeellency the Governor be requested to 
draw warrants on the Treasury of the Commonwealth ac- 
cordingly. 



CHAP. CLXXXI. 

Resolve for Paying the Bolls of Captains Chamherlain and 

George f for services of detached •Militia at Eastport. 

S7th February, 1813. 

The Committee appointed to consider the petition of Cap- 
tains Joshua Chamberlain and Thomas George have attend- 
ed that duty, and report in part : That in obedience to a 
General Order of the Commander in Chief, dated the 5th 
day of August last, one Company of the detached Militia, 
under the command of Captain Joshua Chamberlain, and one 
other Company of said detached Militia, uuder the command 
of Captain Thomas George, were stationed at Eastport, in 
the District of Maine, that their term of service commenced 
on the eleventh day of August, and expired on the last of 
December, making the term of four months and twenty days. 
Their services were not accepted by the President of the 
United States, until the first day of September, from which 
time they received pay from the United States, but that from 
the eleventh of August to the first of September, they have 
received no compensation. 

Therpfore resolved, That there be allowed and paid out 
of the Treasury of this Commonwealth, to the officers, non- 
commissioned officers, musicians, and privates, under the 
command of Capain Joshua Chamberlain, the sum of three 
hundred and sixty-two dollars, eighty-five cents, on account 
of wages, from said 11th day of August to said 1st day of 
Beptember, twenty days, it being after the rate allowed by 
the United States, which sum shall be distributed agreeably 
to the pay roll accompanying, also to Captain Cliamberlain, 
for twenty days rations at 3 rations per day^ making 60 ra- 
tions at SO cents per ration;, "^ gl3 



158 COM. ADJUST ACTS. E. BRIDGE— Februar?/ 23, 1313. 

lit. Peter Newcomb, Orations per day, making 40 do. 8 
Ensign Freeman, do. do. 8 

Also to the officers, non-commissioned officers, musicians^ 
and privates of the Company comftianded by Captain Thom- 
as George, the sum of $259 84, for payment of wages dur- 
ing said twenty days, to be distributed in like manner, mak- 
ing the sum of S650 69 ; and that his Excellency the Grov- 
ernor be requested to draw his warrant on the Treasury of 
this Commonwealth for the above suras. 



CHAP, CLXXXn. 

"Resolve in favor of the Commissioners , appointed to adjust 
the Accounts of Ebenezer Bridge, Esq. late Treasurer 
of the County of Middlesex. 27tli February, 1813. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to Abiel Heywood, Esq^ the sum of thirty- 
seven dollars and fifty cents ; to John Walker, Esq. fifty- 
seven dollars ; to Asahel Stearns, Esq, the sum of seventy- 
six dollars and fifty cents, in full for their services and ex- 
pences as Commissioners appointed by the Court of Common 
Pleas, for the County of Middlesex, pursuant to a resolution 
of the Legislature of the twenty- eighth of P*ebruary, A. D, 
1811, to audit the accounts of Ebenezer Bridge, Esq. late 
Treasurer of the County of Middlesex, and of John L. Tut- 
tle,Esq. the present Treasurer of said County, as to all moH- 
ies received by them for the use of this Commonwealth. 



ROLL No. 68. February, 1813. 

The Committee on A-ccounts having examined the seve/ 
tal accounts they now present, 

REPORT, That there are due to the Corporations, and 
persons hereafter mentioned, the sums set to their names re- 
spectivel}^, Avhich, when allowed and paid, will be in full 
discharge of the said accounts to the several dates therein 
mentioned, which is respectfully submitted. 

NATHAN WILLIS, ;per order. 
PAUPER ACCOUJVTS. 

Town of Ashbiirnham, for supplies to Sukey Frank- 

lin, up to March 1st, 181S, S9 00 

Adams, for boarding, clothing and doctoring Su- 
sannah Camp, Lydia Dailey's two children, 
Freeman Blakely and Ann Wallen, to the time 
of her death, including funeral charges, to 9th 
January, 1813, ^ 115 8^ 

Attleborough, for supplies for Eliza and Peggy 

Taylor, to 18th January, 1813, 37 33; 

Andover, for boarding, clothing and doctoring Pa- 
trick Callahan, Sukey Hornsby, to 11th Febru- 
ary, 1813, 134 52 

Amherst, for board, nursing and doctoring Andrew 
Blacklmrn, to the titiae of his death, including 
funeral charges, 52 48 

Abington, for boarding, clothing and doctoring 
Thomas Seymore, to 21st February, 1813, 49 76 

Boston, for boarding and clothing sundry Paupers, 

to the 1st December, 181S, 6233 46 

Bradford, for boarding and doctoring Joshua L. 

Alsas, to 35th January, 1813, 60 00 

Boothbay, for board and clotiiing Henry Green, w 

child, to 12th January, 1813, 33 50 

Bristol, for board, clothing and doctoring William 

How, to 1st June, 1813, 62 25 

Beeket, for board, clothing and doctoring Sally 

and Hiram Leonard, to 26th Januarv. 1813. 72 00 

i2 



lea PAUPER AGCOUJXTS. 

Bowdoinham, for board and doctoring Ricliard 
Clougli, to the time of his death, including fu- 
neral charges, 20 00 
Bridgewatcr, for board and clothing Frederick ^ 
Bignor, William Badger and John .Stocks, to 
Ist February, 1813, .i 90 17 
Bai*nardston,for board and clothing Oliver Stevens, 
to 35th January^ 1813 ; also Hugh Gary, includ- 
ing doctoring, ^10 66 
Baldwin, for boarding and clothing Daniel Hickcy, 

to 1st January, 1813, 45 15 

Bedford, for board and clothing James Cades, to 

10th January, 1813, ' 44 79^ 

Berwick, for board and clothing Samuel Wood- 

Morth, to 18th January, 1813, 43 40 

Brimiield, for board, clothing and doctoring John 

Christian, to 27ih. January, 1813, 47 ^4 

Biddeford, for boarding, nursing and doctoring 
Hendrick Johnson, and Cato, a black, to the 
time of their death, including funeral charges, S4 07 

Berlin, for board and clething Jolin Hannah, to 

25th January, 1813, 81 05 

Beverly, for boarding and clothing sundry Pau- 
pers, to 1st February, 1813, 665 16 
Boston Board of Health, for board, doctoring and 
Bursing sundry Paupers, on Rainsford Island, to 
the 10th February, 1813, including repairs of the 
buildings, and allowance for wood and keepers' 
salary, 813 25 
Bradford, Samuel, Keeper of the Gaol, in the 
County of Suffolk, for supporting sundry poor 
Prisoners, to 1st February, 1813, 601 05' 
Billerica, for board, clothing and doctoring Thom- 
as Gerry, and supplies to James Ingals, to 9th 
Fel>ruary, 1813, 49 31 
Carlisle, for boarding and clothing Robert Bar- 
ber, to 23d January, 1813, 46 26 
Cambridge, for boarding and clothing sundry Pau- 
pers and poor Prisoners, confined in gaol, to 27tli 
January, 1813, 433 55 
Cushing, for ])oard and clothing James "Walker, to 

1st February, 1813, " 4150 



PAUPER ACCaUNTS. 1^1 

Charlton, for board, clothing and doctoring Ed- 

ward Madden, to 1st January, 1813, 43 39 

Colraine, for board, clotliing and doctoring Sally 
Lamonier, Richard Hynes and Rachel Hynes, 
to I6th January, 1813, 158 73 

Cheshire, for doctoring Jane Dott, to the time of 

her death, 7 75 

Cambden, for vsupplies to the family of Richard 

Conway, to 30th March, 1813, 30 00 

Chester, for board and clothing Benjamin Powers, 
to 10th October, 1813, George Weden and fam- 
ily, to the time of his death, including funeral 
charges, 73 22 

Concord, for board and clothing Case, a black, 
and supporting sundry poor Prisoners in gaol, to 
1 5 th Fe])ruary, 1813, 1 1 1 78 

Cargil, Thomas, M. for nursing,, bandages and 
rum, for poor Prisoners in gaol, to January, 
1812, 15 00 

Charlestown, for boarding and tilothing sundry 

Paupers, to 11th February, 1813, 360 58 

Chelmsford, for board and nursing Catharine 
M'Clcnny, Charles and Eliza, children of Anna 
Peirce, Priscilla Reed and her Child, to 39th 
February, 1813, 139 15 

Cape Elizabeth, for boarding James Ramsbottom, 

to lOih January, 1813, 52 50 

Dunstable, for board, clothing and doctoring Mar- 
garet Lane, to the time of her dealli, includin<>- 
funei*al charges, Q<y ty^ 

Dogget, Samuel, Gaoler for the Conwty of Nor- 
folk, for the support of poor Prisoners, to 38th 
January, 1813, 115 9-4 

Dedham, for support of Bristol, a negro, while in 

prison, 6 4^ 

Dorchester, for boarding and clothing John Har- 
rison, Thomas Wyman, Alexander Thcojihilus, 
to 30th January, 1813, 94 59 

Dresden, for boarding and clothing John CuUen, 

to 31st January, 1813, 2f)S 80 

Dracut, for suppies to Richard Baker, to 11th 

February, 1^ 13, 63 00 



16g PAUPER ACCOUNTS. 

Daiivers, for boarding and clothing sundry Pau- 
pers, 9th February, 1813, 7^9 28 

Egremont, fov boarding, clothing and doctoring 
Benjamin Randall, Mary Dailey, Joseph Dai- 
ley, and Eleazer Dailey, to 14th January, 1813, 345 34 

Edgarton, for board and clothing Anthony Chad- 
wick and John Cole, to 30th January, 1813, 46 50 

Elliot, for supplies to Asa Allen, to 8th February, 

1813, 14 54 

Falmouth, for board, clothing and doctoring Sam- 
uel Sheverick, to 19th January, 1813, 33 6^ 

Fayettee, for board and clothing William G. Mar- 
tin, to 1st January, 1813, 63 37 

Framingham, for board and doctoring Hugh 

McPherson, to 6th February, 1813, 60 20 

Falmouth, (Cumberland County) for board, cloth- 
ing and doctoring Felician Sang, to 14th Janu- 
ary, 1813, 164 59 

Gardner, for boarding and clothing Thomas Doyle, 

to 7th January, 1813, 19 87 

Greenwich, for board and clothing sundry Paupers, 

to 14th January, 1813, 285 S4 

Granville, for board, clothing and doctoring George 
Taylor, Archibald Stewart, and Lucy Hall, to 
the time of her death, including funeral charges, 81 67 

Groton, for board, clothing and doctoring John C. 
Wright and Wife, Elisha Hoyt, Eunice Ben- 
trodt and Richard Brents, to 10th January, 
1813, 273 52 

Greenfield, for board, clothing and doctoring Eu- 
nice Stone, to 1st January, 1813, and supplies to 
a transient person, ^^5 20 

^ranby, for board and clothing Ebenezer Darvin, 

to 1st February, 1813, 57 40 

Gill, for board, clothing and doctoring Sarah Ham- 
ilton and Samuel Lyons and Wife, to 23d Jan- 
uary, 1813, 131 57 

Great Barrington. for board, clothing and doctoring 
Isaac Hoose, Catharine Hoosp and Mary Hoose, 
John Whitty, Clarissa Londsey, Amy Rathborn 
and Lucy Porter, to 13th February, 1813, 396 23 



PAUPER ACCOUNTS. 163 

.Oorham, for board, clothing and doctoring Jacob 
Morse and Robert GrilfiUing, to 10th February, 
1813, 149 49 

Gloucester, for board and clothing sundry Paupers, 

to 10th November, 1812, 775 00 

Crrafton, for board and clothing Phillis Jenks and 

her Children, until she left the town, 29 50 

Ooshen, for board and clothing Sarah Horsford, to 

17th February, 1813, 50 OQ 

Hadley, for board and doctoring Friday Allen and 

Rebecca, his Wife, to 6th January, 1813, 94 37 

Hardwick, for board, clothing, doctoring and nursl- 
ing Jolin Howard, to the time of his death, in- 
cluding funeral charges, 58 08 

Hodgkins, Joseph, Keeper of the House of Correc- 
tion, in the County of Essex, for boarding and 
clothing Mary Adelaide Huldy Hicks, Jolm 
So aires and Josiah Bennington, to 31st Janua- 
ry^ 1813, S38 85 

Hope, for board, clothing and doctoring John Sul- 
livan, to 22i\ November, lSi2, when he left the 
tow»i, 63 2Z 

liallowell, f'jr boarding, and clothing Rachel Cum- 
mlngs, Judith Davis and her three Children, 
James Carruth, B-miiel Palmer and James 
Flemming, to 31st IJecember, 1812, 290 02 

Huston, John, Keeper of tlie Gaol in Salem, for 
support of sundry poor Prisoners, to 31st Decem- 
ber, 1813, 104 88 

Hancock, for board, clothing and doctoring Rebec- 
ca Osborn, to 5th February, 1813, and Robert 
Hale, until he left the State, 80 74 

Hebron, for board, clothing and doctoring John 

Grermain, to 26th December, 1812, 9 gg 

Haverhill, for board and clothing William Tapley, 
to 1st January, 1813, and Jolm Wilson, to the 
time he was sent out of the State, 67 20 

Ipswich, for boarding and clothing sundry Pau- 
pers, to 1st February, 1813, 340 73 

Kittery, for boarding and clothing Sarah Perkins, 

Deborah Perkins and her Child, . 127 40 

Lunenburgh, for board and nursing Felix Todd, to 

^5th January, 1813, ■ 62 00 



IGi PAUPEII ACCOUNTS. 

Limington, for board and clothing John Organ, to 

1st January, 1813, 67 60 

Lincolnville, for l3oard and clothing Alexander 

White and Timothy Cox, to 21st January, 1813, 121 80 

Laneshorough, for board, clothing and doctoring 
Jerusha Welsh, Clarissa Tracy's Child, and 
Ichabod Sherlock, to 1st June, 1812, 182 42 

Lynn, for board and clothing sundry Paupers, to 

8th February, 1813, 576 52 

liitehfield, for boarding of Hannah Taylor and her 
Children, to 1st January, 1813, Daniel Howard 
and Wife, to the timQ of her death, including 
funeral charges, 14i IS 

Lenox, for boarding, clothing and doctoring Abra- 
liam and Augustus H. Palmer, and Tab Lewis, 
to 25rh January, 1813, and Clarissa Dodge, and 
Jack, a negro, to the time they left the town, 207 S5 

Leyden, for board, clothing and doctoring Jededi- 
ah Fuller's Wife, Elizabeth Wagner and Ruth 
Abel, to 21st January, 1813, and Jedcdiah Ful- 
ler, to the time of his death, including funeral 
charges. 111 61 

Littleton, for board and clothing John Putnam, to 
the 1st February, 1813, and Richard C roach, to 
the time of liis death, including funeral charges, 72 63 

Lincoln, for board and doctoring Tliomas Pocock, 
to the time of his death, including funeral char- 
ges, 12 50 

Lee, for board, clothing and doctoring Jonathan 
Blackman and Wife, Zuba Cain and Lucy Ful- 
ler, to 15th January, 1813, 113 38 

Minot, for supplies for Philip Weeks, to 25th De- 
cember, 1812, 25 00 

Machias, for ])oard, clothing and doctoring Moses 

Wheaton, a chikl, to 20th January, 1813, 27 25 

Mendon, for board and doctoring John William- 
son, to the time of his death, including funeral 
charges, 47 33 

Manchester, for board, clothing and doctoring 

Thomas Douglas, to 2d February, 1813, 78 57 

Methuen, for board and doctoring Nancy Hale, to 

25th January, 1813, 80 00 



PAUPER ACCOUNTS. IQj 

Mansfield, for board and doctoring Hiigli McPlier- 

son, to February, 1813, 9 24; 

Marblehead, for boarding and clothing sundry Pau- 
pers, to 6th February, 1813, 479 25 

Marshfield, for boarding and clothing and doctor- 
ing Lemuel Little, to IStli Jannary, 1813, 1S9 81 

Medford, for boarding, clothing and doctoring John 

McLeod and Michael Farrell, to 6th May," 181S, 48 55 

Middleborough, for boarding, clothing and doc- 
toring John Fitzgerald, to 10th January, 1813, 137 03 

Manning, Thomas, for doctoring sundry Criminals 

in Gaol, in the County of Essex, to 14th April, .^ 

1813, 31 00 

Mount Vernon, for board, clothing and doctoring 

David Bresford, to 20th January, 1813, 34 5^ 

Northfield, for board and clothing Richard Kings- 
bury, to 33d January, 1813, 70 75 

Norwich, for board and clothing Daniel Williams. 

to 17th January, 1813, 48 71^ 

Northamton, for board, clothing and doctoring 
sundry Paupers and poor Prisoners in Gaol, to 
1st February, 1813, 424 47 

Northborough, for board and doctoring Richard 
Grant, to the time of his death, including funer- 
al cliarges, 45 25 

iSTorth Yarmouth, for board, clothing and doctoring 

sundry Paupers, to 26th January, 1813, 109 50 

Newburyport, for boarding and clothing sundry 

Paupers, to 31st December, 1812, 1853 95 

Newbury, for boarding and clothing sundry Pau- 
pers, to 1st January, 1813, 810 19 

Nantucket, for board, clothing and doctoring 
James Thomas and Michael Anthonio, to 19th 
January, 1813, 118 05 

New Marlborough, for board, clothing and nurs- 
ing Orke Ugene, to 6th February, 1813, 70 55 

New Bedford, for boarding and clothing, doc- 
toring sundry Paupers, to 20th January, 1813, 
including funeral charges for George Williams, 234 74- 

New Gloucester, for ])oard and clothing George 

Gregory and John May, to 2Sth January, 1813, 129 10 

Overseers of the Marshapee Lidians, for supnort- 

Ing sundry Paupers, to li^tFebmary, 1813,^ 456 10 



166 PAUPER ACCOUNT^. 

Oxford, for boarding, clothing and doctoring Catli- 
arine Jordan and William Stiles, to 1st Febru- 
ary, 1813, 84* 8^ 

Peru, for board and clothing James Robbins and 
liis two Children Sally and Olive, to 20th Janu- 
ary, 1813, 99 00 

Palmer^ for board, clothing and doctoring William 

Mendom and Wife, to 5th January, 1813, 126 05 

Plymouth, for board and clothing sundry Paupers, 
to 3 1st January, 1813, and Joseph Young, until 
his death, including funeral charges, S81 33 

Peuobseotr for board and clothing Tliomas Slack, 

to 13th June, 1812, including funeral charges, 41 61 

Pittsfield, for board, clothing and doctoring sundry 

Paupers, to 1st January, 1813, 198 95 

Prospect, for board and clothing Ann Hanes, to 

1st January, 1813, 113 60 

Portland, for board and clothing sundry Paupers, 

to 1st January, 1813, 1081 50 

Quincy, for board, clothing and doctoring William 
Oli pliant, Thomas Bailey, Thomas Johnson, 
Wife and three Children, to the time of his death, 
including funeral charges, 174 89 

Reading, for boarding, nursing and doctoring Sam- 
uel Bancroft, to the time of his death, including 
funeral charges, 75 I'J 

Rowley, for board, clothing and doctoring Benja- 
min Dow, Elle Collins and Jesse Kimball, to 
1st January, 1813, 107 93 

Readfield, for board, clothing and doctoring Ed- 
ward Burgess, Abigail Richards and Daughter,^ 
to 22d January, 1813, 68 10 

Rutland, for board and clothing William Hender- 
son and John Cowland, to 1st February, 1813, 18 03 

Rchobolh, for board, clotliing and doctoring Eliz- 
abeth Snow, Later Mason and Child^ to Jst 
January, 1813, 149 40 

Roxhury, for board and clothing sundry Paupers, 
to 3d January, 1813, including funeral charges 
for J). C. French, William Nickerson and 
Thomas Hammage, 644 43 



PAUPER ACCOUNTS. 167 

Hoehestei'jfor board, clothing and doctoring George 
White and Primus Scott, to the time of their 
death, including funeral charges, 84 09 

South Hadley, for boarding and doctoring Peter 
Pendegrass, to the time of his death, including 
funeral charges, 73 63 

Standish, for board, clothing and doctoring Olive . 

Noble, to f)th January, IS J. 5, ^'8^ OS 

Sliirley, for board and clothing Roderick McKin- 
sey and Wife, Simon Cox, Mary Fare and 
James Mills, to - -th January, Is 13, 101 75. 

St. George, for board and clothing Robert Hawesjiv* ' ; '^ 
to * ' d February, S S 1 3, "'' '':-^' 20 ' 

"Sharon, for board and doctoring Stephen Flood, to 

the time of his death, including funeral charges, 8 20 

Shelburne, for board, clothing and doctoring Ma- 
ry Bates, to 14th January, 1813, 59 81 

Sandisfield, for boarding, clothing and doctoring 
MaryTryoii, William Wallace, and supplies 
to Richard J)ixon, to 25th January, 1813, 61 92 

Shrewsbury, for board and clothing Leander Tay- 
lor, to 2. th January, 1813, 39 00 

Stockbridge, for board and clothing Mary Doud, 
John Morrison and Sally Peet, to 3d December, 

^^^% . . 219 88 

Sherburne, for supporting Benjamin Houghton, to 

2:;th January, 1813, 5^ CO 

Sutton, for board, clothing and doctoring Isabella 

Santee and four Children, to 9th February, 1 8 i 3, 81 54 
Spencer, for board and clotliing John Lander, to 

6th January, J 813, 57 qq 

Swansey, for board and clothing Thomas Connelly, 

to 5th ISTovember, 1812, including funeral 

charges, 58 75 

Sudbury^ for board and clothing John Whiting, to 

Pith February, 1813, 72 70 

Southwick, for board and clothing George Reed, to 

the 1st January, 1813, 75 qq 

Sterling, for board, clothing and doctoring Mary 

Pike, to 29th January, 1813, 11 1 52 

Somerset, for board and clothing William Elliot, to 

31st December,, 1812, 27 37 

13 



i6& PAUPER ACCOUNTS, 

Sandwich, for board and clothing Richard Crouch, 

to od January, 1813, 35 20 

Salem, for hoard and clothing sundry Paupers, to 

2d January, 18 13, 1298 38- 

Topsham, for hoard, clothing and doctoring Wil- 
liam Proctor and John Dugan, to 28tli January, 
1818, ^ 183 3S 

Tyringham, for board and clothing Ralph Wey, 

to ist January, i8f 3, 60 50 

Templeton, for board and clothing Esther Jacl?, to 

to the time of her death, including funeral charges, 34 00 
Taunton, for hoard and clothing Edmund Shores, 
Emanuel Disnous and Hannah Goff, to 27th Jan- 
uary, IHIS, ' 123 99 

Theobald, Diilip, for doctoring sundry Criminals 

in Wiscasset Gaol, to 26th January, 1813, 43 22 

Uxbridge, for board and clothing David Mitchell, 
Phillis Jenks and Benjamin Catteral, to 1st 
February, 18i3, 92 84 

Windsor, for board, clothing and doctoring Henry 

Smith, to SOth January, 1813, 77 07 

Worcester, for board and clotlung sundry Pau- 
pers, to 1st January, 1813, 178 5^ 
Warren, for board and clothing William Moor- 
man, to 1th January, 1813, 53 GO 
Winthrop, for boarding, clothing and doctoring 
William Gaskel, Olive Howard, Abigail Rich- 
ards, Tliomas Taylor's Wife and six Children, 
to 4th January, 1813, 177 04 
West Springfield, for board, clothing and doctor- 
ing James Aldridge, flannali Shovey and Han- 
nah Felt, to 20th January, 1813, 92 91 
West Stockbridge, for board, clothing and doctor- 
ing Lucy Lane and James C. Bigg, to the 1st 
January, 1813, 106 00 
Walpole, for board, clothing and doctoring John 

Webb, to 26th January, 1813, 45 50 

West Hampton, for board and clothing John Gay 

and Wife, to'lst January, 1813, 31 00 

Williamston, for board, clothing and doctoring 
Peter Morrill, Rachael Galusha, John G. Hcn- 
dergrass, Christopher Glover and Mary Blue, to 
Sd Febmary, 1813, 220 48 



MILITARY ACCOUNTS. 169 

Westfiekl, for board and clotliing John Newton 

and Wife, to 1st January, 1 813, 77 96 

Wiseasset, for board, clothing and doctoring sun- 
dry Paupers, to 2(;th February, iSlo, including 
funeral charges, for Hector, 72 20 

Westford, for boarding and clothing Christopher 

Shepard, to 1st February, 18 IH, 67 20 

York, for board, clothing and doctoring sundry 

paupers, to 8th Februaiy, 1813, 553 18 

Total Paupers, 3^^,306 35 

MILITARY ACCOUNTS. 

Curtis, J ared, for the expenee of a Court of In- 
quiry, held at Great Barrington, 1 7 tli December, 
1812, Col. Prentiss Williams, President, 20 25 

Ashley, M. Ro]>ert, for travel and attendance up- 
on a Court of Inquiry held at Lanesboroiigh, 
August, 1811, 5 29 

Brooks, John, Adjutant General, for the expenee 
of a Court of Inquiry, held at Salem, July, 1812, 
Major General Nathaniel Goodwin, President, 216 73 

Brooks, John, Adjutant General, for the expenee 
of a Court Martial, held in Boston, in Decem- 
ber, 1812, Major General Joseph Whiton, Pre- 
sident, 488 83 

Cummings, David, for the expenee of a Court of 
Inquiry, held at Salem, in July, 1812, Major 
Samuel W. Phelps, President, 51 13 

Foot, Alvan, for travel and attendance as a Mem- 
ber of Court of Inquiry to have been holden at 
Lanesborough, July, 1811, 2 77 

Brooks, John, Adjutant General, for the expenee 
of a Court Martial, held at Salem, in October, 
1812, Major General Jonathan Davis, President, 5 1 8 94 

Hubbell, Calvin, for the expenee of a Court Mar- 
tial, held 18th January, I'^IS, Col. Prentiss 
Williams, President, 96 88 

Osgood, Frauds, for the expenee of a Court Mar- 
tial, held at Portland, in October and Novem- 
ber, /811; Col. David Potter, President, 494 75 



ITO MILITARY ACCOUNTS. 

Punchard, John, for the expence of taking deposi- 
tions relating to the election of Lt. Col. David 
Pii mm, to bs Brigadier General, by ord?r of 
the Commander in Chief, (including the fees of 
•liistice, officers and witnesses) in April, 1812, 70 01 

Til den, P. B. for the expence of a Court of In- 
quiry, held ? ith December, 1812, Major G. Gr. 
Lee, President, 9 82 

Sawtell, Richard, for the expence of a Court of 
Inquiry, held in Winslow, til th January, 1813, 
M;»jor Joseph Moore, President, 55 85 

Wheeler, Thomas, for the expence of taking de- 
positions relating to the election of Stephen W. 
Page, in Noveraher, 18)2, 37 22 

Whiting, John, for his travel and attendance upon 
a Court of Inquiry, held at Lanesborough, in 
ISn ; also for his travel and attendance as a 
Member of a Court of Inquiry to have been hol- 
den at Worthington, in May, 181 1, 19 94 

Jiyman, H. Jonathan, for his travel and attendance 
at Worthington, March, 181 I, as a Member of 
a Court of Inquiry, Greneral IlildretJi, President, 5 90 

2094 31 

Brigade Majors and Aid de Camps. 

Bates, Elkanah, to 8th January, 1813, G7 55 

Bastow, Sumner, to 2iWi November, 1812, 64 49 

Blish, Joseph, to 1 Uh January, i8i3, 1 16 02 

Curtis, Jared, to 8th January, 1SJ3, 44 95 

Cochran, James/ to 24th June, ]cSI2, 28 50 

Cummings, David, to 1st February, J 8 13 53 20 

Clap, Ebenezer, to 1st January, 1813, 80 46 

Dutch, E])enezer, to 2rth January, 1 81.3, 148 43 

Dunbar, William, to 1st February, 1813, 67 50 

Fisher, Jacob, to 2 c.'th January, 1813, 55 27 

Goodwin, Ichabod, to 1st January, 1813, 63 50 

Gamwell, Samuel, to 6th January, 1813, 37 35 

Gitchell, Ephraim, to 24th June. 1812, 82 95 

Greenleaf, Samuel, to 15th October, 1812, 228 35 

Goodwin, M. John, to 1st February, 1813, 100 76 

Howard, Samuelj to 9th January, 1813, 169' 71 



Brigade Quarter Masters. 

Boutell, Timothy, to 1st February, 1813, 
Campbell, Archiijald, to 1st February, 1813, 
Garrett, Andrew, to 1st February, 1813, 
How, Thomas, to 1st February, 1813, 
Hobart, Thomas, to 1st February, 1813, 
Morgan Arehippas, to 1st February, 1813, 
Peabody, Daniel, to 1st February, 1813, 
Partridge, Samuel, to 1st February, 1813, 
Pollard, Oliver, to 1st February, 1813, 
Resetter, Samuel, to 1st February, 1813, 
Talmage, Joseph, to 1st February, 1813, 
Thomas, Nathaniel, to 1st February, 1813, 
Winchester, John, to 1st February, 1813, 
Walker, Timothy, to 1st February, 1813, 



S:> 



MILITARY ACCOUNTS. Vil 

Hubbell, Calvin, to 18th January, 1813, 83 90 

High t, William, to 1st January, 1813, ^58 00 

Hoyt, Epaphras, to 31stDecember, j812, ^(S Qi^ 

HoAve, Estes, to 3d February. 1813, 36 15 

Havward, Nathan, to 24th January, 1813, 129 5Qk 

HulDbard, Russell, to 20th October, 1812, 26 90^ 

Knapp, L. Samuel, to 3!st December, 1812, 48 40 

Keith, Cyrus, to 1st August, 1812, 26 17 

Mattoon, D. Noah, to 2Hth November, 1812, 88 91 

Osgood, Francis, to 22d September, 1812, 85 12 

Page, Samuel, to 10th February, 1813, 100 21 

Russ, John, to 10th January, 1812, 121 00 

Russell, Edward, to IGth October, 1812, 46 92 

Sawtell, Richard, to 30th December, 1812, 87 02 

Starr, James, jr. to 20th February, 1813, 24 55 

Tilden, P. B. to 16th February, 1813, 84 20 

Thayer,M. Samuel, to 1 9th February, 1813, 155 25 

Thayer, Minot, to 20th February, 1813, 49 05 

Weston, Samuel, to 6th July, 1812, 58 50 

Woods, Sampson, to 14th January, 1813, 110 10 

Wheeler. Barzillai, to 27 th May, 1812, 74 30 

Willis, F. Noah, to 25th February, 18 13, 22 ^"^ 

Whiting, Timothy, to 20th February, 1813, 108 11 



3100 51 



31 


50 


25 32 


15 


96 


29 79 


19 30 


.28 


54 


9 


76 


35 


12 


16 


73 


17 


62 


17 


50 


9 


16 


9 82 


28 


68 



294 80 



ns MILITARY ACCOUNTS. 

^ Expences of Horses to haul Artillery, 

Alden, O. Peter, to 8tli October, 1812, 
JBrewer, Daniel, to 8tli October, 1812, 
Bradbury, Jeremiah, to 4th October, IS 12, 
Barron, Isaac, to 1st October, 1812, 
Bird, Seth, to 28d September, 1812, 
Carter, Nehemiah, to i'tb October, 1812, 
Crosby, Abiel, to i 5th January, l8lo, 
Clcmenee, Calvin, to 1st October, 1812, 
Dyer, Ebenezcr, to I7th October, IS 12, 
Eastman, Philip, to 21st 'September, 1812, 
Holmes, Bartlett, to 27th September, 1812, 
Harlow, Bradford, to 20th January, 1813^ 
Holland, John, to 8th October, 1812, 
Harris, Willkm, to 9th October, 1812, 
Hastings, Samuel, to February, 1813, 
Johnson, Peter, to 1 2th October, 1812, 
Kendall, Loammi, to 1st October, 1812,. 
X<yon, John, to 5th October, 1812, 
Lewis, James, to 1st September, 1812, 
Lyman, D. Josiah, to 28th September, 1812, 
Lincoln, Caleb, to 20th January, 1813, 
Morrill, Jacob, to 21st October, 1812, 
Park, Hichard, to 16tji October, 1812, 
Prentiss, Caleb, to 12th October, 1812, 
Patterson, David, to Sd September, 1812, 
Pond, Benajah, to 3d October, 1812, 
Prescott, L. John, to 17th September, 1812, 
Ranlett, Samuel, to 14th January, 1813, 
Bice, Joel, to 10th October, 1812, 
Seaver, David, to 6th October, 1812, 
Stebbins, Zenas, to 5th October, 1812, 
Strong, Asahel, to 3d October, 1812, 
Shaw, Joshua, to 23d September, 1812, 
Sanderson, Henry, to 1st October, 1812, 
Tillson, Nebemiah, to December, 1812, 
Talbot, C. John, to 16th September, 1812, 
"Whitney, Harlow, to 9th October, 1812, 
Warren, Moses, to 30th September, 1812, 



10 00 


6 00 


10 00 


17 50 


5 00 


3 00 


5 00 


30 oa 


5 00 


10 00 


,b 00 


15 00 


^0 00 


30 00 


JO 00 


12 50 


5 00 


10 00 


5 50 


10 00 


6 60 


5 00 


5 00 


5 00 


7 50 


6 50 


5 00 


5 00 


6 25 


5 00 


5 00 


27 50 


JO 00 


5 00 


25 00 


5 00 


7 50 



371 35 



MILITARY ACCOUNTS. 175 

•Adjutants. 

Adam«, Charles, to 1 8th January, 1813, 26 85 

Arm, Plvny, to 1 ith Oetoher, 1812, 37 96 

Adams, Moses, to 2^ih Septemher, 1812, 11177 

Allen, C. Shobal, to 8th January, 1813, 73 25 

Bliss, Theodore, to 14th August, 1812, 20 OS 

Blake, L. John, to K)th October, 1812, 57 05 

Bodurtha, Harvey, to ^d September, 1812, 31 68 

Brown, Benjamin, to 15th May, 1812, 18 26 

Backus, Zeiias, to 2t th January, 1813, 68 09 

Bates, C. Isaac, to 8th October, 1812, 41 62 

Bird, Jonathan, to Sd Januar>', 1813, 40 43 

Bradley, Enoch, to 2bth Dec'ember, 1812, 17 01 

Burnham, Enoch, to 1st January, 1813, 25 02 

Burnham, Samuel, to I st September, 1812, 35 03 

Brewer, C. Caleb, to 28th September, 1812, 42 35 

Barren, George, to 10th February, 1813, 85 25 

Brown, Abner, to 8th February 1813^ 121 75 

Beal, John, to 2d April, 1812, 8 74 

BigeloAV, Tyler, to ^Cth December, 1812, 104 36 

Bartol, Barnabas, to 11th September, 1812, 39 02 

Bliss, John, to 1st October, 1812, 6 54 

Barry, William, to 1st July, 1812, 134 12 

Burnham, Tliomas, to l<.th February, 1813, 18 73 

Butterick, Tilley, to Sd March, 1812, 5 00 

Callender, Benjamin, to 16th September, 1812, 28 69 

Carter, Willis, to ^^d December, 1812, 4l 67 

Crowell, Michael, to l^.^th November, I8l2, 24 25 

Cushins;, Niel, to Ir th December, 1S12, 49 75 

Chije, James, to 11th September, 1812, 21 10 
Chamberlain, Thomas, to loth November, I8l2^ 23 59 

Cutts, William, to ^'th January, 1813, 9 94 

Curtis. Joseph, to 30th January, 1S13, 21 49 

Clerk, Joseph, to j-th January, 1813, 68 17 

Champney John to 1st February, 1S13, 97 00 

Davis Stephen, to 2r»th September, 1812, 42 85 

Dana Isaac to Uh February. 1S13, 40 25 

Delano Gideon, to 13th January, 1813, 12 01 

Draper, William to 6th February, 1813. 41 4S 

Eames Theodore, to 1st November IS 1 2 12 13 

Eell Samuel, to 8th November, 1812, 165 14 

Edgecomb, Nicholas^, to 1st July, 1812, 6 05 



i74 MILITARY ACCOUNTS- 

Fisk, Ezra, to20tli September, 1812, 
Field, F. Arthur, to 2d September, 1812, 
Fairbanks, Stephen, to 10th February, 1813, 
Fales, David, to 2d July, 1812, 
Foot, Elisha, to 9th February, 1813, 
Gilmore, Rufus,to 1st September, 1812, 
Gates, Isaac, to 29th August, 1812, 
Gray, John, to 1 3th February, 1813, 
Gitehell, Ephraim, to 7 ill October, 1812, 
Gillett, Daniel, to August, 1810, 
Hilton, Joshua, to 6th December, 1812, 
Huntoon, G. Jonathan, to 3d December, 1812, 
Hodson, Isaac, to 1st October, 1812, 
Hyde, Zina, to \ st January, 1813, 
Harrington, Joseph, to 2d January, 1813, 
Hamilton, Abiel, to 1st September, 1813, 
Hay den, Charles, to 5th February, 1813, 
Hasly, John, to 17 th September, 1812, 
Hinman, Ranson, to 6th February, 1813, 
Jewett, Caleb, to 6th November, 1812, 
Jesse, Jewett, to 10th January, 1813, 
Ives, H. George, to 5th September, 1812, 
Jones, Nathan, to 13th October, 1812, 
Jaques, Henry, to 20th February, 1813, 
Keith, Cyrus, to 27th January, 1813, 
Kingman, Simeon, to Sth February, 1813, 
Kellogg, C. Giles, to 3d February, 1813, 
Libbey, Nathaniel, to 1 1th October, 1812, 
Lewis, Philo, to 5th January, 1813, 
Lane, Daniel, to 24th January, 1813, 
Larrabee, William, to Bth January, 1813, 
Low, Parley, to Sd September, 1812, 
Lewis, Lyman, to 19th September, 1812. 
Lee, William, jun. to 1st February, 1813, 
Maston, Jonathan, to 20th November, 1812. 
Morgan, Aaron, jun. to 16th October, 1S12. 
Munroe, William, to J st January, 1813, 
Nye, Joseph, to 14th October, 1812, 
Niel, G. John, to 1st September, 1812, 
Needham, Henry, to 1st October, 1812, 
Northam, Eli, to 27th January, 1813, 
Ordway. Nathan, to I2th October, 1^12, 
Orr, Hector, to 12th January, 1813, 



57 88 


19 32 


160 63 


18 95 


21 10 


20 95 


23 28 


38 88 


108 44 


46 38 


77 82 


22 51 


96 02 


61 14 


85 05 


21 13 


25 34 


20 38 


11 22 


97 64 


75 25 


15 28 


8 45 


120 18 


30 28 


99 66 


66 65 


57 58 


55 29 


16 01 


43^ 18 


21 97 


32 08 


6 64 


J 01 45 


58 81 


23 92 


9 40 


60 64 


74 11 


44 42 


32 54 


136 20 



MILITARY ACCOUNTS, 175 

iPike, T. Joseph, to 10th December, 181S, 

Preston, Wanen, to 2d September, 1812, 

Pai^e, Jesse, to 30th January, 1813, 

Parker, Henry, to 21st October, 181%, 

Parker, Joseph, to 5th November, 1812, 

Pengree, Samuel, to 1st February, 1813, 

Payson, Ebenezef, to 18th February, 1813, 

Peck, George, to 6th February, 1813, 

Richardson, Wyman, to 1st December, 1812, 

Uogers, George, to 1st September, 1812, 

Seisbee, Samuel, to 28th August, i812, 

Sears, Joseph, to 1st February, 1813, 

Senters, Isaac, to 28th May, 1812, 

Spring, Josiah, to 12th December, 181S, 

Salmon, William, to 25th August, 1812, 

Stewart, Jotham, to ist February, 1813, 

Saylis, Richard, to 28th January, 1813, 

Sawyer, William, to 1st November, 1812, 

Smith, Henry, to 15th February, 1813, 

Shattuck, Daniel, to 14th December, 1812, 

Shaw, Ebenezer, to 14th February, 1813, 

Trufant, Seth, to 12th October, 1812, 

Tucker, Joseph, to 12th August, 1812, 

Trail, Jo, to 6th November, 1812, 

Thomas, B. John, to 22d December, 1812, 

Thompson, Charles, to 13th January, 1813, 

Turner, Thomas, to 1st February, 1813, 

Toby, James, to 2d Fe])ruary, 1813, 

Williams, John, to 20th September, 1812, 

Weston, Samuel, to 27th June, 1812, 

Waterman, George, to 23d October, 1812, 

Winslow, Hezekiah, to lOfeh January, 1813, 

Wartl, William, to 19th September, 1812, 

Williams, Jonathan, to 26th December, 1812, 

Washburn, Cromwell, to 22d October, 1812, 

Ware, Jason, to 15th February, 1813, 

Wilder, David, to 15th November, 1812, 

Wild, Jonathan, to 9th February, 1813, including 
^S5 41, omitted in his account for services reii* 
dered in 1810, through mistake, 181 90 



747 


17 


04 


31 


66 


4ri 


00 


22 42 


31 


58 


5 


13 


58 87 


6y 


75 


19 


33 


36 


50 


13 


37 


5 


30 


40 34 


37 62 


33 


43 


40 


50 


73 00 


.43 


24 


42 


87 


SO 


59 


^2 


66 


20 


47 


13 


44 


136 01 


48 


90 


61 


05 


32 


39 


4^1 


80 


55 


20 


14 


77 


9 


li 


37 


45 


71 


18 


47 05 


18 


43 


18 80 



14 



5535 64f 

Total Military, S i' i 896 "H 



10^ 86 



i76 SHERIFFS AND CORONERS' ACCOUNtS. 

SHERIFFS AJVJ) COROjYERS' MCOUJSTTS. 

Adams^ Moses, Sheriff of Hancock, for returning 
votes for electors of President and Vice President 
and Representatives to Congress, to November^ 
181S, 

Bridge, Edmnnd, Sheriff of Lincoln, for returning 
votes for electors of President and Vice Presi- 
dent and Representatives to Congress, to Decem- 
her, 1812, 63 64 

Crane, Elijah, Sheriff of Norfolk, for distri- 
buting v.arrants and returning votes for elec- 
tors of President and Vice President and Re- 
presentatives to Congress, to February, 1813, 1/ ^9 
Cook, Orcliard, Sheriff of Lincoln, for returning 

votes for G overnor and Lieutenant Governor, 1812, 13 36 
Cooper, John, Sheriff, of Washington, for return- 
, ing votes for electors of President and Vice Pre- 
sident and Representatives to Congress, Febru- 
ary, 1813, 132 46 
Clallen, Noah, Sheriff of Bristol, for returning 
votes for Governor and Lieutenant Governor and 
Senators, May, 1812, 5 91 
Crosby, William, Coroner of Barnstable, for inqui- 
sition on tHe bodies of two strangers and funeral 
charges on the same, January, 1812, 29 70 
Folger, Charles, Sheriff of Nantucket, for return- 
ing votes for Governor, Lieutenant Governor 
and Senators, 1812, 10 80 
Goodwin, Icliabod, Sheriff of York, for returning 
votes for Electors of President and Vice Presi- 
dent, and Representatives to Congress, Februa- 
ry, 1813, 31 45 
Howard, Samuel, Sheriff of Kennebeck, for dis- 
tribudng precepts, and returning votes for Re- 
preseniatives to Congress,. January, 1813, 47 fO 
Hunnev ell, Richard, Sheriff of Cumberland, for 
returning votes for electors of President and 
Vice President and Representatives to Congress, 
January, 1813, '44 40 
Kendall, William, Sheriff of Somerset, for return- 
ing votes for Governor and Lieutenant Governor, 
and serving a citation;, 1812^ 22 44 



SHERIFFS AND CORONEHS' ACCOUNTS. 17? 

ICelley, William, Sheriff of Dukes' County for re- 
turning votes of Go\ ernour, Lieutenant Govern- 
our and Senators, 181S, 6 46 

Lyman, Elisha, Sheriff of Franklin, for returning 
votes for Governour, Lieutenant Governour and 
Senators, Electors of President and Vice Presi- 
dent and Representatives to Congress, January, 
1813, 45 00 

Lawrence, Jeremiah, Sheriff of Nantucket, for re- 
turning votes for Electors of President and Vice 
President and Representatives to Congress, 49 95 

Leonard, Horatio, Sheriff* of Bristol, for returning 
votes of Electors of President and Vice Presi- 
dent and Representatives to Congress, Februa- 
ry, 1813, 13 3S 

McMillen, John, Sheriff of Oxford, for returning 
votes for Electors of President and Vice Presi- 
dent and Representatives to Congress, Decem- 
ber, 1812, 44 80 

Mattoon, Ebenezer, Sheriff of Hampshire, for re- 
turning votes of Electors of President and Vice 
President and Representatives to Congress, No- 
vember, 1813, 35 15 

Smith, Jonathan, Sheriff of Hampden, for return- 
ing votes for Electors of President and Vice 
President and Representatives to Congress, Feb- 
ruary, 1813, 37 00 

Sawtell, Richard, Sheriff of Somerset, for return- 
ing votes for Governour, Lieutenant Governor, 
Electors of President and Vice President and 
Representatives to Congress, January, 1813, 99 00 

Sumner, Joseph, Coroner of Worcester, for inqui- 
sition on the body of a stranger and funeral char- 
ges, January, 1813, S>i 60 

Ulmer, George^ Sheriff of Hancock, for distributing 
precepts, returning votes for Representatives to 
Congress and Electors of President and Vice 
President, January, 1813, 117 70 

White, Moses, Sheriff of Worcester, for returning 
votes for Governor, Lieutenant Governor and 
Senators, Miy, 1812, 4 48 



m PRINTERS' ACCOUNTS. 

Waterman, Samuel, Coroner of Plymouth, for 
inquisition on the body of a stranger and funeral 
charges, January, 1813, 17 90 



Total Sheriffs and Coroners, S1016 74 

PRIJ\'TERS' ^CCOUMTS. 

Adams & Rhodes, for printing to 15th October, 

1812, 
Allen, E. W. for printing to 1st August, 1813, 
Allen, Phineas, for printing to 25th January, 1813, 
Butler, William, for printing to 1st February, 1813, 
Cheever, Nathaniel, for printing to 1st January, 

1813, 
Cusbing, Thomas, for printing to June, 1812, 
Edes, Peter, for printing to July, 1812, 
Hiliard & Metcalf, for printing to February, 1813, 
Munroe & Francis, for printing and book binding, 

to 12th February, 1813, 
Kussell & Cutler, for printing to 13tli February, 

1813, 
Shirley, Arthur, for printing to 1st January, 1813, 
Watson & Bangs, for printing to 12th February, 

1813, 

Total of Printers, S3694 17 

MISCELLAJSTEOUS ACCOUJ^TS. 

Apthorp, John, T for oil furnished June, 1812, 125 50 
Boyle, John, for stationary, to 27th January, 1813, 106 87 
Burditt, William & Co, for stationary, to 27th Jan- 
uary, 1813, 421 14 
Bradford & Reed, for stationary, to 17th Febru- 
ary, 1813, 193 02 
Chase, Warren, for services, to 27thFebruary, 1813, 60 00 
Purant, William, for glazing State House, to 15th 

February, 1813, 35 33 

Guardians of Dudley Indians, for balance in full 
due them 25 th May, 1812, which sum the Trea- 
surer of the State is directed to charge said In- 
dians with, 130 SO 



812 27 

16 67 

16 67 

, 16 67 


16 67 

16 67 

9 00 

130 00 


44 63 


2594 25 
17 67 


3 GO 



AGGREGATE ROLL. 1^9 

Gore, Samuel, for paiutiug and sundries, to Sih 

February, 1813, 86 97 

Harris, Josiah, for painting, to Septemher, 1812, 65 7^ 

Himnewell, Jonathan, chairman of tlie committee 
of repairs on the State House, for balance as per 
account, up to the 10th Fe])ruai\v, 1813, 413 It 

Lapham, Sylvanus, for services to the 27th Feb- 

ruary, 1813, 64 09 

Larkin, Ebenezer, for stationary, to 19th January, 

1813, 5 00 

Ladd, John, for composition work, to April, 1812, 9 37 

Neil, John, for surveying eastern land by order of 

Court, to 15th February, 1813, 900 00 

Perry, John, for services, to 27th February, 1813, 6* 00 

Wells, John, Thomas Hanis, Joseph Head and 
Benjamin Weld, Committee for examining the 
late Treasurer's accounts, June, 1812, 70 00 

Wheeler, Josiah, for sundry repairs and alterations 

on the State House, to 10th February, 1813, 267 80 



Total Miscellaneous, §3017 09 



Aggregate ofRollJSTo. Q8.... February, 1813. 

Expenees of State Paupers, 32306 35 

" Military, 11396 61 

*' Sheriffs and Coroners, 1016 74 

*• Printers, 3694 17 

^' Miscellaneous, 3017 09 



Total, 851430 96 



Meselved, That there be allov/ed and paid out of the pub- 
lic Treasury, to the several corporations and persons men- 
tioned in this Roll, the sums set against such corporations 
and persons' names reapectivcly, amounting; in tlie whole to 



180 AGGREGATE ROLL. 

the sum of fifty one thousand four hundred and thirty dol- 
lars and ninety-six cents, the same being in full discharge 
of the accounts and demands to which they refer. 

In Senate, February, ^^th, 1813. 
B/Cad and passed, sent down for concurrence. 

SAMUEL DANA, President, 

In the House of Representatives, February 27th, 1813. 
Bead and concurred. 

TIMOTHY BIGELOW, Speaker. 

February ^yth^^ 1813.. ..'Approved, 

CALEB STBONG. 



Award of the Commissioners for detevmining the Rights of 
Claima7its to Lands in the County of Lincoln, ^c. 

BOSTON, 26th JANUARY, 1815. 

SIR — We have the honor to enclose an award on the 
claims submitted to us under the resolve of the SOtli of June, 
1811. that it may be laid before the Legislature. 

We are aware that a return was expected from us before 
this time, and till the nature of the claims were opened, we 
had, ourselves, calculated on fulfilling the expectation of the 
Legislature in this particular ; we however assure you. Sir, 
that there has been no unnecessary delay ; all that portion 
of our time which was not employed in the discharge of ob- 
ligations previously contracted has been devoted to the busi- 
ness of our appointment. Though we were certainly un- 
apprized of the diif<culties with which Ave had to contend, in 
executing the commission Avith Avhich we have been honored, 
we are confident we have not mistaken the views of the Le- 
gislature in instituting this commission. It Avas to proA'idc 
a tribunal Avhicli should, on just and equitable principles, de- 
cide on all the claims of the non-resident proprietors to an 
extensive tract of country, and by that means quiet the set- 
tlers in their possessions. It Avas therefore highly important 
that all the claimants Avho are many, and live remote from 
each other, and from the lands in question, should have the 
fullest opportunity of exhibiting and proving their claims, 
and that the settlers should be fully prepared to state 
and prove the nature of their titles, and the length of their 
possesions ; that every, record and document Avhich has any 
bearing on the questions submitted, should be produced, and 
tliat the Commissioners should, after all, have time sufficient 
to Aveigh the evidence and to decide on the questions Avhich 
arise on the hearing. To have contented ourselves Avith a 
liasty and superficial examination of a case of this magnitude, 
Avould neither have comported Avith the li])eral views, and 
enlightened policy of the Legislature, nor Avith that justice 
Avhich Ave OAved to those, Avhose interests Avere confided to 
us. AVliatever opinion may be formed of the result, Ave havc^ 
spared no pains in our endeavours to do justice to the par- 
ties. Tliey had a right to a full and patient hearing ou th^, 



18;2 AWARD OF COM. ON EA^EIIN LANDS. 

merits of their respective titles, and we trust they have had 
it. We could hardly expect to find credit for a true state- 
ment of the diflRculties we have had to encounter. Tile 
claims were numerous ; the deeds and evidences of title in 
many cases, very ancient, the description of the lands intend- 
ed to be conveyed, extremely loose, and sometimes in the 
same instrument contradictory ; and though we derived con- 
siderable assistance from the surveys and plans, laid before 
us by the parties, and especially from a very extensive sur- 
vey made by our order^ yM#9 found it necessary to repair 
to the lands in disjlutfejtoex amine for ourselves, and to give 
the settlers and claimants an opportunity of availing them- 
selves of all the testimony in their power. In considering 
the grants and conveyatiees under winch the parties claimed, 
and the manner of deducing their titles, we have not been 
disposed to require the most perfect regularit}'^, nor to expect 
the same exactness as in the case of modern grants. Wherever 
a Court of Chancery could supply defects or give relief, we 
have overlooked such defects, and have considered our- 
selves as vested with power to give the same relief, and we 
have allowed the claimants the full benefit of their posses- 
ions. We are desirous that the Legislature should be ap- 
prised of the construction, we liave put on the resolution, 
which is the foundation of our authority. It has been our 
intention to go as far in- favour of titles, as a Court of Clmn- 
cery could go in the rightful exercise of theirpeculiar powers. 
But we have not considered t!ie words " power and authori- 
ty to determine both in law and equity, whether a claimant 
under his claim, is entitled to any lands within the bounda- 
ries of his claim," &c. as vesting in us any authority, to a- 
ward in favour of a claimant, whose title could neitlier pre- 
vail at law, nor avail the party with all the aid a Court of 
Equity could give ; though such party might have merits 
which would entitle him to the favorable notice of the Legis- 
lature. We have not considered the authority delegated U\ 
us, as by any means so extensive even in relation to the par 
ties in this cause, as that possessed by the supreme power of 
the State. A¥e shall be understood by stating a case, which 
in substance has been made out before us, and we presume 
similar cases must have often occurred. An individual, con- 
ceiving that he had a title, or intending to obtain one, to cer 
tain lands, shall have expended several sums of money in 
cultivating and improving the soil, — in endeavors to gcttle^ 



AWARD OF COM. ON CLAIMS TO E. LANDS. 183 

and actually settling a frontier country — in defending it a- 
gainst Indian depredations, and in that way shall have af- 
forded protection and security to other parts of tlie State, 
and perhaps shall have extinguished the Indian title ; and 
shall, from some cause, have failed to> realize a sufficient indem- 
nification for his labour and expenditure, so beneficial to the 
public. In the case stated, it is manifest the public have 
been benefited at the expcnceof one of its citizens or subjects, 
but yet no title will be acquired either in law or equity, to 
any particular tract of land ; the individual, however, has a 
meritorious claim on the supreme power of the State, for a 
grant of lands or some other compensation. The records of 
Massachusetts, it is believed, will furnish many instances 
Irom the first settlement of the State to tlie present day, of 
grants made on similar considerations, but to order such 
grants to be made, we believe exceeds our powers. We 
are to determine in law and equity, on the titles submitted to 
us ; that is, whether certain persons under their claims are 
entitled to certain lands. If they have no legal or equitable 
title to these lands, we are bound to decide against them, what- 
ever other claims they may have on the justice or generosity 
of the Commonwealth. Claims of this description have been 
urged before us, and it is possible the Legislature may have 
intended to give us authority to decide on them ; under this 
impression, Ave have received and considered the evidence ad- 
duced, and have no hesitatation in saying that the claimants 
against whom we have awarded, have (with a single excep- 
tion) no claim, even on this broad ground. The exception 
to which we allude, is the claim under the late William 
Vaughan. W^e are satisfied that he performed services and 
expended monies of the nature of those stated, and if we had 
eonceived that the case was within our powers, we should 
have awarded in favor of his heirs at law, that they should 
have a grant of half a tov/nsliip of the unappropriated lands 
belonging to the Commonwealth, in the District of Maine, 
to be laid out under the direction of the Agents for the sale 
of Eastern Lands, with the reservations, and on the condi- 
tions usual in grants ; if in the opinion of the Legislature, 
our powers embrace claims of tliis description, they may then 
consider this a part of our award ; otlierwise, as a mere re- 
commendation, which, whether complied with or not, will no 
Way affect the enclosed award. 
It may be useful perhaps to state, that the plans returned 
15 



ISi As. .^.^u OF COx\I. ON CLAIMS TO E. LANDS. 

by the settlers, as descriptive of their settlements and actual 
possessions, appear from the affidavits and other evidence in 
the case, to be generally correct, and may serve as some 
guide in case the Legislature should hereafter wish to dis- 
tinguish between the settlers. These plans and papers are 
deposited in the Secretary's office. 

We have not availed ourselves of the power given us of 
appointing a Clerk, believing that the benefit would not equal 
the expence. 

Before we concludef^i^epray your Excellency to be assur- 
ed, that if in executing ijhis commission, we shall have had 
it in our power to remove .^nyM the causes which have hith- 
erto retarded the improvement and prosperity of an impor- 
tant part of the Commonwealth, it will always afl'ord us the 
most unfeigned satisfaction. 

We have the honor to be, with the greatest respect, 

your Excellency's most obedient, and very 
humble servants, 

JEREMIAH SMITH. 
WM. H. WOODWARD. 
DAVID HOWELL. 
His Excellency Governor Strong. 



WE, tlife Commissioners appointed pursuant to a resolve 
of the General Court of the Commonwealtli of Massachusetts, 
made and passed the 20th of June, 1811, to determine both 
in laAV and equity, whether certain persons claiming lands 
in the towns of Bristol, Edgecomb, New-Castle, Noble - 
borough, Waldoborougli, Jefferson and Boothbay, or either 
of them, under their respective claims, are entitled to any 
part of the lands lying within the boundaries of their re- 
spective claims, and what part they may be so entitled to, in 
opposition to the claims and rights of the possessors and oc- 
cupants of said lands, and in opposition to the rights and 
claims of the Commonwealth," a copy of which resolve is 
hereunto annexed, and pursuant to a submission under the 
hand and seal of the Attorney General, in behalf of the 
Commonwealth, and under the hands and seals of the re- 
spective parties, whose names are thereto subscribed, dat- 
ed the eighth day of November, 1811, which is also hereto 
annexed, accepted the trust, andhavingnotifiedthe Attorney 



AWARD OF COM. ON CLAIMS TO £. LANDS. 185 

General, the possesors and occupants of the lands within the 
towns aforesaid, and the persons claiming to he proprietors 
thereof, and parties to the submission aforesaid, of the times 
and places of our meetings, to hear and determine the several 
matters and things submitted to us as aforesaid all of Avhom 
attended, and having fully heard the Attorney General and 
the parties aforesaid, their several pleas, arguments and evi- 
dence, Do award, order and determine, that the proprietors 
of the Kennebeck purchase, from the late colony of NeAv 
Plymouth, otherwise called tlie Plymouth Company, have 
both in law and equity a title to certain lands under their 
claim, and within the boundaries thereof, and situate witliin 
^le towns aforesaid, in opposition to the claims of all per- 
sons and bodies politic w hatever ; and the said proprietors of 
the Kennebeck purchase having released and granted to uie 
said Commonwealth all their right, title and claim to all 
the lands within the towns aforesaid, by a deed duly made 
and executed to the acceptance of the said Attorney Oener- 
ral, and which deed is filed in the office of the Secretary 
of the Commonwealth — We do upon the principles in the 
said resolve, and submission mentioned, award, order and 
determine, that the said proprietors of the Kennebeck pur- 
chase, as a just equivalent for the lands to whi^h the said 
proprietors at the time of said submission, had good title, 
and which they have released to the said CommonAvealtli as 
aforesaid, are entitled to have and receive from the said Com- 
monwealth, a grant and conveyance of a tract of six miles 
square, of the unlocated lands belonging to said Common- 
wealth, in the District of Maine, (excepting the townships 
lately purchased of the Indians, and lands contracted for by 
Messrs. Jackson and Flint, and excepting also the townships 
on St. Johns and Cliaudiere roads, wliicli ha^e been survey- 
ed to defray the expence of opening said roads) to be taken^ 
chosen and laid out ])y the said grantees in a body, next ad- 
joining to lands now granted or surveyed, and in such a 
manner that the lines maybe parallel with the tov/nslups al- 
ready surveyed, and if located on the eastern boundary line 
of the Commonwealth, the survey is to be made conformable 
to the lines run by Messrs. Maynard and Holland, and not 
interfering with any former location, and a plan and return 
of the iield book to be laid before the agent or agents for the 
Commonwealth for the sale of eastern lands, reserving four 
lots of three hundred and tweuty acres each for public uses^ 



186 AWARD OF COM. ON CLAIMS TO E. LANDS. 

viz. : one for the first settled minister ; one for the use o( 
the ministry ; one for the use of schools within the said tract, 
and one for the future appropriation of the General Court, 
to be laid out near the centre of said tract, and to average in 
quality with the other lots therein, and on the condition that 
the grantees or their assigns, shall cause to be settled fif- 
teen settlers on said lands, within fifteen years from the date 
of the grant. 

And we do further award, order and determine, that 
Catharine Drown, ^' Sarah Drown, Mary Drown, Samuel 
Flagg and Dorothy, his wife, in right of the said Dorotbj', 
Henry Wilkins an4 Lucy, his wife, in right of tlie said Lu- 
cy, Nathaniel Kidder and' Sarah, his wife, in right of the said 
Sarah, Samuel Green and Susannah, his wife, in right of 
said Susannah, Thomas Holler Condy and James Fost er 
Condy, and if any of them be dead, the heirs or assigns of 
such person deceased, have both in law and equity a title to 
certain lands under their claim, and witliin the bounds thereof,, 
and situate witliin the towns aforesaid, in opposition to the 
claims of all persons and bodies politic Avhatever ; and the 
said Catharine Drown, Sarah Drown, Mary Drown, Samuel 
Flagg aid Dorothy, his wife, in right of said Dorothy, Hen- 
ry Wilkins and Lucy, his wife, in right of said Lucy, Na- 
tlianiel Kidder and Sarah his wife, in right of said Sarah, 
Samuel Green and Susannah, his wife, in right of said Su- 
sannah, Tliomas Holler Condy and James Foster Condy, 
having released and granted to the said Commonwealth all 
their right, title and claim to all the lands within the towns 
aforesaid, by a deed duly made and executed to the said 
Commonwealth to the acceptance of the said attorney gen- 
eral, and which deed is filed in the office of the Secretary 
of the Commonwealth- — We do upon the principle in the 
said resolve and submission mentioned, award, order and de- 
termine, that the said Catharine Drown, Sarah Drown, Ma- 
ry Drown, Dorothy Flagg, Lucy Wilkins, Sarah Kidder, 
Susannah Green, Thomas Holler Condy and James Foster 
Goudy, as a just equivalent for the lands to which they at the 
time of the said submission had a good title, and which they 
have released to the said Commonwealth as aforesaid, are 
entitled to have and receive from the said Commonwealth, 
a grant and conveyance of a tract of eleven thousand five 
hundred and twenty acres of the unlocated lands belonging 
to the said Commonwealth in the District of Maine (exceptin^g 



AWARD OF COM. OiN CLAIMS TO E. LANDS. 187 

the townships lately purchased of the Indians, and lands con- 
tracted for by Messrs, Jackson and Flinty and excepting aU 
so the townships on the St. J ohns and Chavidiere roads, which 
Iiave been surveyed to defray the expence of opening said 
roads) to be taken, chosen and laid out by the said grantees, 
in a body next adjoining to lands now granted or surveyed, 
and in such a manner that the lines may be parallel with the 
townships already surveyed, and if located on the eastern 
boundary line of the Commonwealth, the survey is to be 
made conformably to the lines run by Messrs. Maynard and 
Holland, and not interfering with any fonner location, and 
a plan and return of the field book, to be laid before the agent 
or agents for the Commonwealth for the sale of eastern lands, 
reserving four lots of one hundred and sixty acres eaeli for 
public uses, viz. : one for the first settled minister ; one for 
the use of the ministry ; one for the use of schools within the 
said tract, and one for the future appropriation of the General 
Court, to be located near the centre of said tract, and to a- 
verage in quality with the other lots therein, and on condition 
that the grantees or their assigns, shall cause to be settled 
seven settlers on said lands within fifteen years from the date 
of the grant, to be holden by the said grantees, their heirs 
and assigns forever, as tenants in common, in the following 
proportions, to wit — the said Catliarine Drown, Sarah 
'Orowu, Mary Drown, Lucy Wilkins and Dorothy Flaggy 
six sixtieth parts each ; the said James Foster Condy, 
Thomas Holler Condy and Sarah Kidder, five sixtieths each ; 
and the said Susannah Green, fifteen sixtieths. 

And we do further award, order and determine, tliat as to 
all the other parties to the said annexed submission (the re- 
leases from whom, or some of whom, to the said Common- 
wealth, made and executed to the acceptance of the said At- 
torney General, have been filed in the office of the Secretary 
of the Commonwealth) neither they, nor any of them, nor the 
person or persons they or either of them represent, had at the 
time of said submission, or at any time since, have had either 
in law or equity, any title to any lands under their respective 
claims, and within the boundaries thereof, and situate withr 
in the towns aforesaid, or any of them. 



188 SUBMISSION OF CLAIMANTS OF E. LANDS. 

Given under our hands and seals, at Boston, the 36th day 
of Januai-y, 1813, 

JEREMIAH SMITH, fSealJ 

WM. H. WOODWAED, fSealJ 
DAVID HOWELL, (SealJ 



Commonwealth pfMiismchusetts. 

Whereas, certain.'' itdnr-residettt claimants to hinds lying 
within the towns of Bristol, Nobleborough, New-Castle, 
Edgecomb, Boothbay, Jefterson, and Waldoborough, have, 
through the Commissioners appointed by virtue of an order 
of both branches of the Legislature, passed the twenty-seventh 
day of February eighteen hundred and eleven, by mutual 
agreement among themselves, for the final adjustment of 
their respective claims, through the intervention and under 
the indenmity of the said Commonwealth, made certain pro- 
positions to the Legislature for that purpose, as by their 
agreement under their hands and seals, dated the tenth day of 
May one thousand eight hundred and eleven, now remaining 
in the Secretary's Onice, reference thereto being had will 
appear. And whereas in conformity to the recommendation 
of the said Commissioners, the Legislature of said Common- 
wealth acceded to the said propositions, andthereupon on the 
twentieth day of June, in the year of our Lord one thousand 
eight hundred and eleven, the following proceedings and 
resolutions were had and passed by both branches of the 
Legislature, and approved by his Excellency the Governor, 
viz. 

Commonwealth of Massachusetts. 

Whereas certain persons claiming lands in the towns of 
Bristol, Edgecomb, New-castle, Nobleborough, Waldo- 
borough, Jeiferson and Boothbay, have offered to submit 
their respective claims to three Commissioners to be ap- 
pointed by the Legislature of this Commonwealth, or his 
Excellency the Governor, under their authority, with the 
consent of the said claimants, which Commissioners shall 
have full power and authority to determine both in law and 
equity, whether said claimants, or either of them, under their 
respective claims, are entitled to any part of the lands lying 
within the boundaries of their respective claims, and what 



SUBMISSION OF CLAIMANTS OF E. LANDS. 189 

part they may be so entitled to, in opposition to the claims 
and rights of the possessors and occupants of said lands, and 
in opposition to the rights and claims of the Commonwealth. 
And whereas said claimants have further stipulated and 
agreed to release and grant to the Commonwealth all their 
rights and claims to the lands they should be found entitled 
to respectively by the determination of said Commissioners, 
on condition that the Commonwealth shall grant and convey 
to said claimants respectively an equivalent in their unlocated 
lands in the District of Maine, for the lands to which they 
may be so found to be entitled, to be estimated as in a state 
of nature unconnected with any improvement made by the 
settlement of said towns, and the amount of such equivalent 
to be determined by said Commissioners. 

Be it therefore resolved^ That the Attorney General be, 
and he hereby is authorised, on the part of this Common- 
wealth, to submit with the persons claiming to be proprietors 
of all or any part of the aforesaid towns, their rights to three 
Commissioners, to be appointed in the manner hereafter pro- 
vided, the report of whom, or the major part of them, made 
to the Legislature as soon as may be, shall be binding on all 
parties thereto. And the said submission shall be upon the 
principles and conditions in the preamble of this resolve be- 
fore mentioned. 

JBe it further resolved. That his Excellency the Governor, 
by and with the advice and Consent of Council, and with the 
assent of said claimants, be, and hereby is authorised to ap- 
point three Commissioners for the purposes in said preamble 
mentioned. 

Be it further resolved. That the said Commissioners shall 
notify the Attorney General, and the possessors or occupants 
of said lands, the persons claiming to be proprietors thereof, 
of their time and place of meeting, and they shall have power 
to appoint a Clerk, and to send for persons and papers, and 
to isMic proper process for this purpose, and shall make a 
return of their doings to his Excellency the Governor as scon 
as may be, after their said business is perform.ed. 

Be It further resolved. That it shall be the duty of the 
Attorney General to attend the meetings of said Commission- 
ers in behalf of the claims of the Commonwealth. 

And whereas his Excellency the Governor, by and with 
the advice and consent of Council, and with the assent of 
said claimants, and in conformity to the authority vested in 



ISO submission; OF CLAIMANTS OP E. LANDS. 

him by tlie resolve aforesaid, hath appointed the Honorable 
Jeremiah Smith of Exeter, in the county of Rockingham, 
and State of New Hampshire, William H. Woodward of 
Hanover, in the county of Grafton, in the State of New 
Hampshire, and the Honorable David Hov/ell of Providence, 
in the State of Rhode Island, to be Commissioners for the 
purposes aforesaid, who have accepted the trust. 

Now therefore, to carry into full efiect the proposal and 
agreement of the said non-resident claimants, and the afore- 
said proceedingsand resolutions of the Legislature aforesaid, 
it is hereby mutually covenanted and agreed between the 
subscribers, to wit, Perez Morton in his official capacity as 
Attorney General'' of this Commonwealth, by virtue of the 
power and authority delegated to him by the Legislature 
aforesaid, in the Resolve aforesaid, doth hereby covenant and 
agree on the part of the Commonwealth aforesaid, to and with 
each of the non-resident claimants, subscribers hereto, and 
with all and each of the persons whom they, or any of them 
lawfully represent, his and their respective heirs, executors, 
or administrators. And the said non-resident claimants, sub- 
scribers hereto, each for himself and for the persons respect- 
ively whom they or any of them legally represent, doth here- 
by covenant and agree to and with the said Perez Morton iri 
his aforesaid capacity of Attorney General, and his successor 
in said office, for the use of said Commonwealth, to submit 
to the final award, report, and determination of the afore- 
named Honorable Jeremiah Smith, William H. Woodward, 
Esq. and Honorable David Howell, or any two of them, the 
merits and titles of their respective claims, to wit : the title 
of the Commonwealth and the possessors and occupants on 
the one hand, and the respective titles of all and each of the 
said non-resident claimants on the other hand, in and to the' 
soil and property of all and any of the lands lying within all 
or any of the towns of Bristol, Edgecomb, New- Castle, No- 
bleborough, Waldoborough, Jeffi^rson, and Boothbay. And 
the said Perez Morton, in his capacity aforesaid, and by vir- 
toe of his power and authority aforesaid, in behalf of the Com- 
2«onwealth aforesaid, hereby covenants and agrees to and with 
each of the non-resident claimants aforesaid, subscribers 
Iiereto, and to and with each of the persons whom they or 
any of them lawfully represent, his and their heirs, execu- 
tors, or administrators, that the said last named. Commission- 
ers, or any two of thern^ after a full hearing of the parties by 



SUBMISSION OF CLAIMANTS OF E. LANDS. 191 

jail three, shall have full power and authority to determine, 
both in liaw and equity, whether said non-resident claimants, 
subscribers hereto, or those whom they lawfully represent, 
or any or either of them, under their respective clamns are, 
or is entitled to any part of the lands lying within any of the 
towns aforesaid, and vv hat part they, or any, or either of theniL 
are, or is, so entitled to, in opposition to the rights, titles, and 
claims of the possessors and occupants of said lands, and in 
opposition to the rights, titles, and claims of the Common- 
wealth ; and that the said Commissioners, or the major part 
of them, provided they shall determine that the said Claim- 
ants, or any or either of them, or any or either of those whom 
they lawfully represent, are or is entitled to any part of said 
lands, shall have full power and authority to estimate the 
value of the lands to which they may be so found to be enti- 
tled, as in a state of nature, unconnected with any improve- 
ment made by the settlement of said towns, and shall award 
an equivalent for the same in the unlocated lands belonging 
to the said Commonwealth, in the District of Maine, and 
shall determine the amount of such equivalent : and that the 
Commonwealth aforesaid will abide by and fulfil the deter- 
mination of the said Commissioners, or a major part of them, 
after a hearing by all tfiree, and will grant and convey to suclj. 
non-resident claimants, subscribers hereto, and to those whom 
they lawfully represent, or their heirs, the amount of such 
equivalent so awarded as aforesaid, in the unlocated lands of 
the said Commonwealth in the District of Maine, whenever 
there shall be lodged in the office of the Secretary of the Com- 
monwealth, the grants and conveyances of all the rights, titles^ 
and claims of any such non-resident claimants to the lands 
lying within their respective claims in the towns aforesaid, 
duly and legally executed. And in consideration of the 
aforesaid covenants of the said Perez Morton, in his capacity 
of Attorney General as aforesaid, in behalf of the Common- 
wealth aforesaid, the said non-resident claimants, subscribers 
hereto, each for himself, his heirs, executors or administra- 
tors, and for the persons they represent ; and their heirs, 
executors or administrators, do hereby covenant to and with, 
the said Perez Morton in his capacity of Attorney General 
aforesaid, and his successor in said office, for the use of thcj 
Commonwealth aforesaid, that the said Commissioners, or any 
two of them, after a full hearing of the parties by all thriee, 
shall have full power and authority to determine, both ia 
law and equity, whether thev the snid claimants, subscribej^ 
10* 



192 SUBMISSION OF CLAIMANTS OF E. LANDS. 

hereto, or any or either of them, or any or either of the per- 
sons whom they legally represent, under their respective 
cl.iims, are entitled to any part of the lands lying within the 
boundaries of their respective claims, and what part they, or 
any, or either of them are or is so entitled to, in opposition 
to the rights, titles, and claims of the possessors and occu- 
pants of said lands, and in opposition to the rights, titles, and 
claims of the Commonwealth aforesaid ; and that the said 
Commissioners or the major part of them, provided that they 
shall determine that the said claimants, or any or either of 
them, or any or either of those whom they lawfully represent, 
are or is entitled to any part pf said lands, shall have full 
power to estimate the value of the lands to which they may 
be so found to be entitled, as in a state of nature, unconnected 
with any improvement made by the settlement of said towns, 
and shall and may award an equivalent for the same in the 
unlocated lands belonging to the said Commonwealth in the 
District of Maine, and shall determine the amount of such 
equivalent. And that they, the said non-resident claimants, 
shall and will, each for himself, abide by, fulfil, and perform 
the award and determination of the said Commissioners, or 
a major part of them, after a hearing of the parties by all 
three, and that they and each of them, and all and each of the 
persons whom they represent, shall and will, on the day of 
the first meeting of the said Commissioners, and before the 
hearing and discussion of the merits of their claims shall be 
had before said Commissioners, lodge in the hands of said 
Commissioners their several and respective deeds of grant 
and release of all their estate, right, title, interest, and claim, 
in and to all the lands lying within any of the towns aforesaid, 
and within their respective claims, to the Commonwealth of 
Massachusetts, and to the acceptance of the said Perez Mor- 
ton, Attorney General aforesaid, or his succe^or in said 
office, to the end that the same may remain in the hands of 
said Commissioners until they shall make their final award 
and determination, and be returned and filed in the office of 
the Secretary of the Commonwealth, by the said Commis- 
sioners, with their report. 

In witness whereof, the parties to these presents have here- 
unto lautually set their hands and seals, in their respective 
capacities aforesaid, this eighth day of November, in the year 
of our Lord one thousand eight hundred and eleven. 



SUBMISSION OF CLAIMANTS OF E. LANDS. 195 



Signed, sealed and delivered, 
in the presence of 



Benjamin Homans, 
Edward M'Lane, 



Benjamin Homans, 
Edward M-Lane, 

Benjamin Homans, 
Edward M'Lane, 

Benjamin Homans, 
Edward M'Lane, 

Thomas B. Adams, 
Benjamin Homans, 



Jeremiah Smith 
William H. Woodward, 



Elliot G. Vaughan 
James Noble, 



Benjamin Homans, 
Edward M'Lane, 



Benjamin Homans, 
Edward MLane, 

Benjamin Homans, 
Edward E. Powars, 



Robert McLintock, 



Benjamin Homans, 
Edward E. Powars, 



Benjamin Homans, 
Edward E. Powars, 



Perez Morton, AttorneyGeneral of the 

Commonwealth of Massachusetts, r^g„/\ 
in behalf of said Commonwealth,be- ^ 
iug hereto authorized. 

f Daniel W. Lincoln, Attorney to heirs . ^> . 

J of Samuel Waldo. ^ ^^'^'^ 

J Daniel W. Lincoln, Attorney to heirs .^ ^ 

[_ of Thomas Livingsworth. ^ ^ 

{Thomas Follensbe, (Sea!) 

Thomas Follensbe, Attorney for the /^ ;\ 
Tappan heirs ^ ■' 

^ Samuel Flagg, Jun. Attorney for the r^^^n 
(_ Drowne claim. ^ '^ 

< James Noble, for himself Sc the heirs. (Seal) 

f Thomas L. Winthrop, Reuel Williams, 
j in behalf of the proprietors of the /^.^ a 
<i Kennebeck purchase from the late ^ ^ 
j Colony of New Plymouth. 

For Estwick Evans, William Evans, 
Benjamin Evans, Eliza Passmore, 
Samuel Peirce, Elizabeth Thomp- 
son, Katharine Evans, and Elihu 
D earing : — 

Estwick Evans, their Attorney. 

rElliotG.Vaughan,Attorney to the heirs 
J at law of Elliot Vaughan, deceased, 
j Elliot G. Vaughan, Attorney to Hon. 
l^ William Gray, Esq, 



S 



< Samuel Flagg, Jun. 

f Daniel W. Lincoln, Attorney to heirs 
J of Josiah Stone. 
{ Barker Curtis, Attorney to the heirs 
l^ of William Hilton 

5 Simeon Miller, Attorney to heirs of 
I William Hilton and wife. 

f Elliot G.Vaughan, Attorney to Thurs- 
J ton Whitino: 

1 



Elliot G. Vaughan, Attorney to Ste- 
(_ phen Calef. 

f Daniel W. Lincoln, Attorney to the 
J heirs of John Peirce Sc Geo. Peirce. 
\ Daniel W. Lincoln, Attorney to hcil's 
I, of Joseph Heudlcy. 



(Seel) 
(Seal) 
(Seal) 

(Seal) 

(Seal) 
(Seal) 
(Seal) 

(Seal) 
(Sc.al\ 

(Seal) 
(Seal) 



194 SUBMISSION OF CLAIMANTS OF E. LANDSi 



ifeenjamin Homans, 
Edward M'Lane. 

Benjamin Homans, 
Edward M'Lanc, 

Edward M'Lane, 
Joseph Balch, 

Joseph Peirce, 
Elliot G. Vaughan, 

Edward M'Lane, ,, 
Richard B. Hewe^^ 

JTamds Noble, 
Estwick Evans, 

I'erez Morton, 
Benjamii. Homans, 

Samuel Flagg, Jun. 
feeorge W. Coffin, 



^ 



Thomas Capcn. 



^enjamin Homans, 
"tedward ^I'Lane,. 



vAm61d Wells, 
Thomas English, 

, The following is 
day of July, A. D. 



5 George Sullivan, Attorney to the heirs 
2, of Benjamin and John Hathorne. 

fGeorge Chdate,by Daniel W. Lincoln 
J his Attorney. 

1 Jonathan Cogswell, by Daniel W. Lin- 
1^ coin his Attorney. 



(Seat), 

{Seal) 

{Scaiy 
(Seal) 



^ William Frazer, by William A. Pales (Seal) 
I his Attorney, 

fRobert Howard, by Samuel Cony his (Seal) 
J Attorney. 

I Arthur Lithgow, by Samuel Cony his (Seal) 
\^ . Attorney. 

5 Elliot G. Vaughan, Attorney to Wni. 

I Wentworth and Samuel Whitney. (Seal) 



4 William Gray. 



(Seal) 



(Seal) 
(Seal) 



5 Daniel W. Lincoln, Attorney to heirs (Seal) 
I Margaret Stilton. 

Joseph Peirce. (Seal) 

Benjamin liVnde Oiiver, by his Attor- ,„ .v 

ncy Joseph Peirce. ^ ^ 

Benjamin Lyndc Oliver, as he is 

Guardian to Andrew Oliver, a per- ^^ ,v 

1 1 • » I oeal) 

son non comjx)s mentis, by his At- ^ '' 

torney Joseph Peirce. 

Daniel Oliver, by his Attorney Joseph 
Peirce. 

Thomas Filch Oliver, by Daniel Oli- 
ver, by his Attorney Joseph Pierce. 

Sarah Oliver, as she is Guardian of 

Sarah Pynchcon Oliver, and Eliza ,^ .^ 
Digly Belcher Oliver, by her At- ^ '' 
torney Joseph Peirce. 

Ezckiel Savage, as he is Guardian of 
Peter Oliver, a person non compos 
mentis, by his Attorney Joseph 
Peirce. 

Benjamin Lynde Oliver of Boston, by 
his Attorney Joseph Peirce. 

Francis Brinley, by Nathaniel Brinley, 
by his Attorney Joseph Peirce. 

Nathaniel Brinley, by his Attorney 
Joseph Peirce. 

5 Henderson Inches, Attorney to Han 
I nah and Abigail Waterhouse. 



(Seal) 

(Seal) 
(Seal) 
(Seal) 

(Seal) 



a list of the persons, who, on the second 
1812, by their Attorney, signed a sepa- 



SUBMISSION OF CLAIMANTS OF E. LANDS. 19* 



rate and special instrument of submission, of their claims, 
to the decision of the aforementioned Commissioners, which 
instrument is recorded in a book kept in the Secretary's 
Office, entitled, " Treaties, Contracts, &;c." at page 175. 






Jbaniel W. Lincoln, 
and seal. 



Signed, and sealed in *^ 
presence of us. "^ 

Benjamin F. Robb, "S 



t: CL, 



i!2 3 

4^ a 



'Thomas Johnson, and 
Sarah Johnson his wife. 
Samuel Jordan, and 
Lydia Jordan his wlfft 
Jonathan Somes, 
Agnes Jones, 
William Grover, 
Jacob Davis. 

George Denning, 
Alexander Campbell, and 
Mary his wife, 
Reuben Chandler, and 
Hannah his wife, 
Simeon Dennen, 
Thomas Moor, and 
Sarah his wife, 
Abigail Harlow. 

John Cousins, 
Levi Bartlett, 
Nathan Woodbury, 
Stephen Phelps, 
William Clark Whitney, 
Samuel Brown, 
Davis Woodward, 
Bial L. Rollins, 
Zebedee Cushman. 



n 






5 a 



Whereas some of the lines and boundaries of the claims 
exhibited under the aforegoing covenant of submission ex- 
tend into other towns than those mentioned in the said sub- 
mission, but contiguous thereto, and other claims extend to 
islands, islets, and other places, not included within the 
bounds of any of the said towns : now therefore it is further 
covenanted by the said Attorney General, on behalf of the 
said Commonwealth, and the subscribers to this additional 
covenant, for themselves, and all those whom they lawiblly 
represent, that the power and authority of the aforesaid Com- 
missioners shall extend to extinguish in favor of the Com- 
monwealth, in the manner mentioned in said covenant, the 
whole extent of the claims of the subscribers, non-resident 
claimants, within the boundaries of their respective claims^ 



196 SUBMISSION OF CLAIMANTS OF E. LANDS. 



Witnesses. 



Jeremiah Siji^Uh) 
William H. Wpoclward, 



William H. Woodward, 
David Howell. 
Edward M*Lane, 
F. H. Wright. 

Alden Bradford, 
D. W. Lincoln. 

Joseph Peirce, 
Elliot G. Vaughan. 
Samuel Flagg, Jun. 
Joseph Peirce. 

Estwick Evans, 
Samuel Flagg, Jun. 

Arnold Wells, 
Thomas English. 



r. 



Perez Morton Attorney General for 

the Commonwealth. 
Daniel W. Lincoln, Attorney to the 

heirs of Samuel Waldo. 
Daniel W. Lincoln, Attorney to the 

heirs of Thomas Levensworth. 
Daniel W. Lincoln, Attorney to the 

heirs of Josiah Stone. 
Daniel W. Lincoln, Attorney to the 

heirs of George Peirce. 
George Choate, by his Attorney 

Daniel W. Lincoln. 
Jonathan Cogswell, by his Attorney 

Daniel W. Lincoln. 
Daniel W. Lincoln, Attorney to the 

heirs of Emma Denning. 
Daniel W. Lincoln, Attorney to the 

heirs of Margaret Stilton. 
Samuel Flagg, Jun. Attorney for the 

Drowne Claim. 
Samuel Flagg, Jun. 
Elliot G. Vaughan, Attorney to the /-^ »> 

heirs of E. Vaughan. ^ ^ 

Elliot G. Vaughan, Attorney to Wm. 

Gray, Esq. 
Elliot G. Vaughan, Attorney to 

Thurston Whiting. 
Elliot G. Vaughan, Attorney to 

Stephen Calef. 
James Noble, for himself and the 

heirs of Arthur Noble. 
5 Daniel W. Lincoln, Attorney to the 
X heirs of John Atwood. 
5 Benjamin Homans, for the heirs of 
\ Thomas Homans late of Pownalboro'. 
_f Bachelder Bennett, by his Attorney 

William Jones. 
Mary Bennett, by her attorney Wil- 
liam Jones. 



{Seal) 

(Seal) 

(Seal) 

(Seal) 

(Seat) 

(Sea!) 

(Seal) 

(Seal) 

(Seal) 

(Seal) 
(Seal) 



(Seal) 
(Seal) 
(Seal) 
(Seal) 

(Seal) 
(Seal) 



William Frazer, by William A. Fales 
his Attorney. 



5 



(Seat) 
(Seal) 

(Seal) 
(Seal) 



s Estwick Evans Attorney as before 

5 Elliot G. Vaughan, Attorney to Wm. 

^ Wentworth and Samuel Whitney. (Seal) 

C Henderson Inches, Attorney to Han- 

l nah and Abigail Waterhouse. (Seal) 

The additional submission contained in the two preceding 
pages, we have not regarded in making our award of this 
date, the same not being authorised by the Legislature. 

JEREMIAH SMITH, 
WM. H. WOODWARD, 
Boston, January 26, 1813^. DAVID HOWELL. 



RELEASES BY CLAIMANTS OF E. LANDS. 197 

Co7nmonwealth of Massachusetts, 

Secretary's Office, January 22d, 1813. 

A list of Deeds of release of lands in Nobleborough, 
Waldoborough, New-Castle, Edgecomb, Boothbay, Bristol, 
and Jefferson, to the Commonwealth, in conformity to a re- 
solve of the Legislature, passed June 20th, 1811, with the 
names of the Releasors and of their Attornies, together with 
a statement of the names of the Claimants whose rights and 
titles are released and granted to the Commonwealth by said 
Deeds deposited in the Secretary's Office of said Common- 
wealth. 

Names of the Grantors and of their J^l'ames of Ciaimanta ivhose rights 
Attorfues. or claims are released. 

Deed from James Noble, dated Jan- C Brown Right, his claim to which, 
uary 2 1st. 1 8 1 2 X and all others is released. 

James N. Lithgow, Mary Davidson, f 

and Charlotte Lithgow, by their At- J Brown Right, his claim to which, 

torney, Arthur Lithgow, June 20th, j and all others is released. 

1812. l^ 

Arthur Lithgow, January 1 7th, 5 R^^leases and quit claims all his oxm 
1812. ^ right and title. 

Charlotte Harrison, George Noble,/ 

Thomas and Jane Capen, Francis\They release their right and title 

Noble, David VVeathern and Mary^ under Brown claim, and all others. 

his wife, By James Noble their At-^ 

lorney, January 1st, 1812. 

William Vaughn, Sarah Rindge, f" 

Ammi R. Wise, Jane Wise, James J Whose title is founded on the Brown 
Bail, SallyR. Bail, by ElliotG. Vaughn j claim, and which is released, 
their Attorney, January 2 1st, 1812. |^ 

Elizabeth J. Vaughan, a minor, C Whose title is founded on the Brown 
by her Guardian Elliot G. Vaughan. I claim, and which is released. 

William Gray, by Elliot G. Vaughn C Whose title is founded on the Brown 
Attorney. January 2 1st, 1812. ^ claim, and which is released. 

Thurston Whiting, by Elliot G. f Whose title is founded on the Brown 
Vaughn, Attorney. January 2 lst,-< claim, and which is released. 
1812. (^ 

Samuel Hilton, by D. W. Lincoln C Whose title is founded on the Brown 
Attorney. January 20th, 1812. ^ claim, and which is released. 

Elizabeth Fitzgerald by D. W. f Whose title is founded on the Brow^ 
Lincoln Attorney. January 20th, < claiin, and which is released. 
1812. (^ 



198 RELEASES BY CLAIMANTS OF E. LANDS. 

JVamea of the Grantots and of their Karnes of Claimants ivhose riifht or 
Attornies. claims are released. 

Alexander and Lucy Wolcot,by D. r Releases all right to Brown's claim 
W. Lincoln, Attorney, March 1 1th. ^ and all others. 
1812. L 

Lucy Knox, March 24th, 181S. 5 Releases all right to Brown's claim 

\ and all others. 

Samuel Whitney, by E. G. Vaughn 5 Release all right to Brown's claim 
Attorney. June 29th, 1812. ^and all others. 

Abial (or Bial) Rollins, Stephen C Release all right to Brown's claim 
Benson, January 1 3th, 1812. ^ and all others. 

Samuel and Lydia Jordon, .Agnes < Release all right to Brown's claim 
Jones, January 8th, 1812, J and all others. 

Samuel and Judith Morgan, Febru- C Release all right to Brown's claim 
ary 22d, 1812. \ and all others. 

John Dewy, March 18, 1812. C Releases all right to Brown's claim 

^ and all others. 

Johnathan Cogswell, jr. January C Releases all right to Brown's claim 
20th, 1812. i and all otljers. 

George Choate, January 20th, 1812. 5 Release all right to Brown's claim 

\ and all others. 

John Cousins, Stephen Phelps, r 

Henry Jackson, Zebedee Cushman,J Release all right to Brown's claim 

William C. Whitney, Levi Bartlett,i and all others. 

January 13, 1812. L 

Kathaniel Brown, June 26ih, C His right to lands in said towns an4 
1812. C °" Muscongus Island. 

Robert Howard, January 17th, C His right. 
1812. \ 

■\Villiam Frazer, for liimself and as f , 

Attorney to Alexander Trazer. ■< Brown claim, and Pierce claim. 

November 24th, 1812. (. 

Thomas Hilton, by D. W. Lincoln, 5 Brown claim, and Hatliorne claim. 
Attorney. January 20th, 1812. \ 

Timothy Davis, William Preston, f 

by D. W. Lincoln Attorney. Feb-< Brown claim. 

ruary 25th, 1812. (^ 

Samuel Storer for Mary Lear, Sally f 

Porter, and heirs of Hannah Mead, I 

Zebulon Durgin, Hannah Leathers, } 

and Polly Longly, by Zebulon Dur- J ^^^^^.^^ ^.j^;,. 

gin. 

William Jones. 

Samuel Jones, by William Jones 

aiJd Hannah Clark's thirds. t. 



RELEASES BY CLAIMANTS OF E. LANDS. 199 



JViimes of the Grantors and qf their Mtmes of Claimants ivhose right or 
Attornies. claims are released. 

Benjamin Jones, Robert Neal. 
John Bodge. 

Margaret Shortridge by Robert 
Niel, jun, 
William Stilson. 

William Stilson for John and lat- 
tice Stilson. 

Samuel Balsh for Mary Smith and 
William Seavey and wife. 
Mary Furnald, Abigail Trefethen, 
Guardians of Abram Trefethen "^ Brown claim, 
William Furnald. 
Joseph Clark for James Trefethen, 
James Treadwell. 

William Trefethen, Polly and Lu- 
cretia Stuart, and heirs of Abram 
Trefethen, by William Trefethen. 
Thomas M. Shaw for Lucretia Shaw 
Samuel Batson for Anna Batson. 
Abram Trefethen, Joseph Ela. 

May 11th, 1812. 

Thomas Tewksbury, Thomas C 

Woodbury, Joseph Peale, by Simon X Brown claim. 

Millar, Attorney. March 2Gth, 1 8 1 2, (^ 

Mary Lufkin, Guardian to William f 

and Louisa Lufkin, by Simon Mil- | 

lar, Attorney, Mary Peale by said< Brown claim. 

Millar, Attorney. March 20th, J 

1812. t_ 

Proprietors of Kennebeck Purchase f 

by their Committee, Thomas L. j Their own right and claim in said 

Winthrop, Robert G. Shaw, and<^ towns. 

Robert Hallowell. December 1st, I 

1812. [^ 

Joseph Pcirce in his own right, and C 



Brown and Peirce claim. 



for Benjamin L. Oliver and for said 
Oliver, as Guardian to Andrew Oli 
ver, for Daniel Oliver, Thomas F. j 
Oliver, Sarah Oliver, as Guardian } 
to Sarah P. Oliver, and Eliza D. Ol- 
iver, Ezekiel Savage Guardian to J 
Peter Oliver. March 10th, 1812. (^ 

Joseph Peirce, Francis Brinley by f 

Nathaniel Brinley, and Nathaniel J Drown claim by deed from Shem 

Brinley — by their Attorney, Joseph ) Drown. 

Peirce. March 18th, 1812. (^ 

Hannah Waterhouse, Abigal Wa- f Their title to lands at or near Bris- 
terhouse, by their Attorney, Hen--! tol or Pemaquid and in said towps 
person Inches. M^rch 21st. 1812, (^ 

17 



200 RELEASES BY CLAIMANTS OF E. LAND^. 



Mimes of the Grantors and of their 
Attornies, 



JVames of Claimants ivhose right oi>' 
claims are released. 



{Their title to lands at or near Bris- 
tol or Pemaquid and in said towns, 
and all title derived from Penmaquid 
Proprietors. 

fTheir title to lands at or near Bris" 
51agg, jun. January 22d, J tol or Pemaquid and in said towns, 
j and all title derived from Pemaquid 
[^^Proprietors. 

Samuel Flagg, Dolly Flagg, Thotn 



Thomas 
1812. 



Samuel 
1812. 



Their title to lands at or near Bris- 
tol or Pemaquid and in said. towns, 
and all titles derived from Pemaquid 
Proprietors, and power Shem 
Drown, 



as H. Condy, Nathaniel Kidder, Sa- 
rah Kidder, James F. Condy, Cath- 
arine Drown, Mary Drown, Samuel . 
and Susanna Green, Henry arid Lu- ' 
cy Wilki«s, Sarah Drown, by their 
Attorney, Samuel Flagg, jun. Jan- 
uary 37th, 1812. 

Thomas O. Selfridge and Susan G. fTheir title to lands at or near Bris- 
Selfridge, Maria Condy, by their J tol or Pemaquid and in said towns, 
Attorney Samuel Flagg, jun. April | and all title derived from Drown; 

Land Pemaquid Proprietors. 

fTappan claim, derived from Will- 
I iam Philips and through him from 
<J Sachem Josle and Son, from Erie 
1 Douglas, and Witeiiose, said land 
yying in said towns. 

f Their right and title to said lands, 
< derived through Joseph Carleton to 
(^said Joshua Follensby. 

and also all othei^ 



13, 1812. 

Thomas Follensby, 
Joshua Follensby, 
Ebenezer Felton. 

January 1st, 1812 



Benjamin Follensby, 
Joshua Follensby. 



July 1st, 1812. 



Sam'l Thompson,Guardian of Eliza C Brown Claim, 
Thompson, a minor. June 24, 1812. ^claims. 

Katharine Evans, Estwick Etans, f 

William Evans, and Benjamin Ev--< Brown claim, and also all othef 

ans. June 20th, 1813. (^ claims. 

Batchelor Bennct,and Mary Bennet, 5 Brown claim. 



November 2d, 1812. 

Elihu Deering, June 20th, 1812. 

Thomas Lee, by his Attorney, 
W. Lincoln. April 20th, 1812. 

John McCulcheon, 
Ebenezer McCutcheon, 
John A. McCutcheon, 
Elizabeth McCutcheon, 
"William H. McCutcheon, 
Mary H. Taylor, 
Michael O. Brine, 
Hitable O. Hathorne, 



I 



Brown claim. 



D. 5 Hathorne elaim, 



<^ Hathorne claim. 



RELEASES BY CLAIMANTS OF E. LANDS. 



iGJ 



r 



<; 



Hathorne claim; 



L 



"I 



Allen claim and all others. 



Yames of the Grantors and of their Mfmes of Claimants whose right or 

Attcrniea. doims ore rekased. 

Jonathan Symonds, 
Ijucy S. Hathorne, 
Hannah H. Wyer, 
Mary Taylor, 
Hannah Parker, 
Betsey Townshend, 
William Hill, 
Lucy Symonds, 
Hitty Giles, 

by D. VV. Lincoln, Attorney. 
March 18, 1812. 

Stephen Calef, by his Attorney 
Januuary 25th, 1812. 

Hannah Smith, Samuel M. Thayer, f 

Hannah Thayer, Rebecca T. Ca- ! . „ , . , n ^i 

lef,byE. G. Vaug-han, their At^i Allen claim and all others. ;, 

torney. July 6th, 1812. l^ 

Thomas Johnson and Sarah John- 
son, his wife, Samuel and Lydia 
Jordan, Jonathan Somes, Agnes 
Jones, William Grover, Jacob Da- 
vis, George Dennen, John Cousins, 
William C. Whitney, Nathan 
Woodbury, Stephen Phelps, Sam- 
uel Brown, Levi Bartlett, Dayis<^' 
Woodward, Bial L. Rollins, Zebe- I 
da Cushman, Abigail Harlow, Reu- 
ben and Hannah Chandler, Thomas J 
and Sarah Moor, Alex and Mary J 
Campbell, Simeon Denner, by their 4 
Attorney, D. \V. Lincoln. I 

July 2d, 1812. l_ 

William Raymond in his own right, f 

and as Guardian to William Ray- j 

mond, Elizabeth Raymond and Ben-<^ Brown claimor by any other person, 

jamin Raymond, by D. W.Lincoln, j 

Attorney. November aSd, 1812. 1_ 

Thomas and Elizabeth PassTncre.) g^,^^^„ o;- Peirce claim. 
June .2Dth, 1812. 5 

Hannah Dow, Joseph and Elizabeth 
Horsham, Isaac and Rebecca Allen, 
Ample Leach, Hannah Leach, Ja- 
cob Tewksbury and Hannah, his 
wife, Merian Leach, Benjamin and 
Hannah Hill, Benjamin Hill, Mar-<( Brown claim, 
garet Hill, Benjamin Hilton, Nabby 
Hilton, Amos Hilton, Charles Ad- 
ams, Apphia Adams, Wm. and Peg- 
gy Girdler, Anna Storey, Anna 
Tones, Molly Neal, John Emerson. 



All right and title to lands in said 
towns, derived from a deed given 
by two Indian Sachems, Somerset 
and Unongoit, to John Brown, in 
1625. 



202 RELEASES BY CLAIMANTS OF E. LANDS, 



Mimes of the Grantors and of their Mimes qf Claimants whose right br 
jittornies. claims are released^ 

Molly Carrico, Sally Hill, Mary f 
Cross, Joseph Hilton, William Hil- 
ton, Joseph Hilton, Jonathan and 
Molly Merritt, Israel and Sally 
Woodberry, John and Nancy Lynn, 
Richard Hilton, John and Anna 
McCurdy, Thomas and Elizabeth 
McCurdy, Jonathan and Jenny Peas- 
lee, Benjamin and Lydia Hilton, 
Joseph and Susannah Linscott, A- 
braham and Peggy Hilton, Samuel 
and Ruth Waters, Samuel Hilton, 
Kenney Stanley and Elizabeth, his 
wife, Stilson Hilton and Louisa, his 
wife, Stilson Hilton, 3d. J Brown claim. 

John^d Anna Lendall, 
Thbmas and Hannah Leach, 
Thomas Leach, Andrew Masters, 
and Susanna his wife. 
Benjamin Leach, Amos Hilton, 
George Cross, John Cross, 
Nathaniel Hilton, Josiah Hartshorne 
Bei'jamin and Sarah Jones, 
Amos Hill, William and Rebecca 
Tuck. 

John and Sarah Woodberry, 
Isaac and Annis Gallup, by their 
Attorney, Simeon Millar. 

March 20, 1812. 



BOSTON, JAN. 25th, 1813. 

I hereby Certify, that the Deeds of which the foregoing 
is a correct List, have been severally examined by me, and 
are found to be satisfactory, and they have been by my di- 
rection, recorded in the office of the Secretary of the Com- 
monwealth, in a book appropriated for that purpose. 

PEREZ MORTON, 

Attorney General. 



Secretary'' s Office, January '25th, 1813. 

Examined, ALDEN BRADFORD, 

Secretary of Commonwealth, 



RES. RESPT'G SETTLERS ON LDS. BRISTOL, &c. 203 

Mesolue for quieting Settlers en Lands in Bristol, Edge,- 
comb, ^c. inthe Countij of Lincoln. February 25th, 1813. 

Whereas, certain persons claiming lands in the toAvns of 
Bristol, Edgecomb, New -Castle, Nobleborough, Waklobo- 
rough, Jeiferson and Boothbay, have, pursuant to a resolve 
passed the eighteenth day of June, in the year eighteen hun- 
dred and eleven, submitted their claims to certain Commis- 
sioners, and released to the Commonwealth their respective 
rights and titles to the lands within said towns, and it is ex- 
pedient that measures be adopted for quieting certain actual 
settlers upon said lands from the claims of this Common- 
wealth, on principles applicable to sueh actual settlers, but 
which are not to be considered as furnishing a precedent for 
-any other cases. 

Therefore resolved, That all persons, and their lieirS and 
assigns, who, before the first day of January, in the j ear of 
our Lord one thousand seven hundred eighty-nine, went on 
any tract or lot of land within said towns for the purpose of 
clearing and cultivating the same, and making it the place 
of his settled abode, and actually resided on such lot by him- 
self, or some person under him, before the said time, and 
cleared fit for mowing and tillage at least one acre of land, 
and built a dwelling house thereon, and still continues to re- 
side on the same, and who shall produce satisfactory evi- 
dence thereof, in manner hereafter provided, to the persons 
appointed to receive the same, shall be quieted in the posses- 
sion of such tract or lot, not exceeding two hundred acres to 
each settler, so as best to include his separate improvements, 
and not interfere with the actual possesions of others. Provid- 
ed, that such actual settlers, their heirs or assigns, shall pay at 
the time and in manner hereafter described, at and after the 
rate of five dollars for each hundred acres of land to them 
respectively conveyed, with interest thereon, from the first 
day of June, inthe year one thousand seven hundred and 
eighty-nine, and shall also comply with the other provisions 
of this resolve. 

Resolved further, That all other persons, and their heirs 
and assigns, being actual settlers conformably to the forego- 
ing description, shall be quieted in possession of the lots or 
tracts by them respectively claimed and possessed, not ex- 
ceeding two hundred acres to each settler, so as best to in- 
clude his seperate improvements^ and not interfere with the 



S04 RES. RESPT'G SETTLERS ON LDS. BRISTOL, &e. 

actual possessions of others. Provided, that such actual set^ 
tiers, their heirs or assigns, shall pay, at the time and in the 
manner hereafter described, at and after the rate of thirty 
cents for each acre to them respectively conveyed, and shall 
also comply with the other provisions of this resolve. 

Resolved further, That his Excellency the Grovernor, with 
the advice of Council, be authorised to appoint two disinter- 
ested persons residing within a convenient distance from said 
towns, to be Agents in behalf of the Commonwealth, to 
make, execute and deliver to the persons respectively enti- 
tled to receive the same, deeds of release of the right and ti- 
tle of the Commonwealth to the lots or tracts to which such 
persons may.; be etititled, pursuant to the true intent of tliis 
resolve. And it shall be the duty of said Commissioners to 
appoint such times and places of meeting, Avithin some one 
of said towns, as they may see fit ; the last of which appoint- 
ments shall be within one year from the time of passing this 
resolve, of which notice shall be given by public advertise- 
ment, to b« posted up in each of said towns, at least thirty 
days before the time of each meeting ; and at any of said meet- 
ings, the said Agents may proceed to examine the claims of 
said settlers, and in the name and behalf of the Commonwealth, 
to make, execute and deliver to them, severally, deeds of the 
lots or tracts to which they shall be found to be entitled, ac- 
cording to the true intent and meaning of this resolve, upon 
receiving from such settler the sums of money which shall be 
due ami payable, in conformity with this resolve, and upon 
paying the further sum of seventy-five cents, whirh shall be 
in full for the making and taking the acknowledgment of 
each deed. 

Resolved farther, That the said Agents may make, exe- 
cute and deliver any deed or deeds to such settlers, at any 
time when they may be ready to receive and pay for the 
same, and at any place which said Agents and said settlers 
may agree upon to receive the same. 

Resolved further, That before any settler in eitheFof said 
towns shall be entitled to receive his deed, a survey of such 
town, and of the lots and tracts claimed by such settlers, re- 
spectively, made by some sworn surveyor, and certified by 
the selectmen of such town, shall be produced and exhibited 
to the said Agents ; and in case of any controversy or dispute 
among said settlers, or any of them, respecting bounds or 
liossessioii, the said Airents shall omit to make deeds of the 



AdTS. to EXECUTE A DEED TO KEN. PKOPS. &;c. 203 

lots or tracts which shall be the subject of such controversy^ 
and make a statement and report thereof to the Legislature. 

liesolved further y That each of said Agents shall give 
bonds, with one or more sufficient sureties, to the Treasurer of 
this Commonwealth, to be approved of by the Governor, Avith 
condition to pay over from time to time, and without delay, 
into the Treasury, all monies by them respectively received in 
pursuance of this resolve, deducting therefrom two and one 
half per cent for receiving and paying the same. 

Resolved further J That no deed to be made and executed 
pursuant to this resolve, shall effect the rights or claims of 
any actual settlers, claiming lands under any title not deriv- 
ed from the Commonwealth, or by possession merely, against 
each other ; but all such claimants may pursue "their legal 
remedies, as if no such conveyance had been made ; and no 
such deed shall contain any covenant of warranty exc^ept a- 
gainst the claims of the Commonwealth. 

Resolved further, That the said Agents shall make return 
ef their doings, fi'oro time to time, to the Legislature ; and in 
their final return, shall distinguish all those settlers, who, 
within one year from the passing of this resolve, shall not 
have paid for their lands, and received their deeds, so that 
legal process may be instituted against them for revesting in 
the Commonwealth its title to the same. 

Resolved further. That the Agents aforesaid shall ascer- 
tain, and make return to the Legislature, of the quantity of 
land in said towns, belonging to the Commonwealth, to 
which no persons, being actual settlers, shall be entitled, con- 
formably to this resolve. 



Resolve authon%ing the Agents for the sale of Eastern 
Lands, to execute a Deed to the Proprietors of the 
JCennebeck purchase, February, 37th, 1813. 

The Committee to whom was referred the report of the 
Commissoners appointed pursuant to a resolve of June 30th, 
1811, to determine both in law and equity upon the claims of 
certain persons " claiming lands in the towns of Bris- 
tol and other towns," respectfully report the following* re- 
Solves : 

Resolved, That the Agents for the sale of Eastern Lands 



AGTS.TO EXECUTE A DEED TO KEN. PROPS. &c. 

be, and hereby are authorized to make, execute and deliver 
a good and sufficient deed, conveying to the Proprietors of the 
Kennebeck purchase (as a just equivalent for the lands, 
the title to which they have released to the Commonwealth) 
a tract of land, six miles square, of the unlocated lands be- 
longing to the Commonwealth, in the District of Maine (ex- 
cepting the townships lately purchased of the Indians, and 
lands contracted for by Messrs. Jackson and Flint, and ex- 
cepting also the townships on St» Johns and Chaudiere roads, 
%vhich have been surveyed to defray the expense of opening 
said roads) to be taken, chosen and laid out by the said gran- 
tees, in a body next adjoining to lands no>v granted or survey- 
ed, and in such a manner that the lines may be parallel with 
the townships already surveyed, and if located on the easterli 
boundary line of the Commonwealth, the survey is to be 
made conformably to the lines run by Messrs. Maynard and 
Holland, and not interfering with any location, which shall 
have been made prior to the location, which said Proprietors 
may make, and that a plan and return of the field book shall 
be laid before the Agent or Agents for the Commonwealth, 
for the sale of Eastern Lands, reserving four lots of three hun- 
dred and twenty acres each for public uses, viz. : one for the 
first settled minister ; one for the use of the ministry ; one 
for the use of schools within the said tract, and one for the 
future appropriation of the General Court, to be laid out 
near the centre of said tract, and to average in quality with 
the other lots thereon, and on the condition that the grantees 
or their assigns, shall cause to be settled fifteen settlers on 
said lands, within fifteen years from the date of the grant. 
Provided, however, that the said Proprietors of the Renne- 
beck purchase, shall, before the execution of the said deed, 
make and execute a good and ample letter of attorney under 
their seal, to be approved of by Governor and Council, witli 
covenants not to revoke the same, costituting the Attorney 
and Solicitor Generals, jointly and severally, and their suc- 
cessors in oflice, their Attornies, in the name of said Proprie- 
tors, but for the use of the Commonw ealth, to recover any 
of the lands which have been released as aforesaid, from all 
persons occupying the same, in as full and ample a manner 
as the said Proprietors themselves might have done before 
the execution of their said deeds of release. Provided, also, 
that the said Kennebcck Proprietors shall, within three years 



AGTS. TO EXECUTE A DEED TO C. DftOWN, &c. 207 

fVom the passing of this resolve, locate said tract and Cause 
the same to be surveyed into lots . 



Mesolve avthorizing the Agents for the sale of Eastern Lands, 

to execute a Deed to Catharine Drown and others, 

February 27tb, 1813. 

Resolved, That the Agents for the sale of Eastern Lands^ 
be, and hereby are authorized to make, execute and deliver 
h good and sufficient deed, conveying to Catharine Drown, 
Sarah Drown, Mai-y Drown, Dorothy Flagg, Lucy Wilkins^ 
Sarah Kidder, Susaiinnah Green, Thomas Hollis Condy 
and James Foster Condy, (or if any of them be dead, the 
ishare of such deceased person to hJs or her heirs, as a 
just equivalent for the lands tlie title ib which has been re- 
leased to the Commonwealth) a tract of eleven thousand five 
hundred and twenty acres of the unlocated lands belongins; 
to the Commonwealth in the District of Maine (excepting the 
townships lately purchased of the Indians, and lands con- 
tracted for by Messrs. Jackson and Flint, and excepting al- 
so the townships on the St. Johns and Chaudiere roads, which 
have been surveyed to defray the expence of opening said 
roads) to be taken, chosen and laid out by the said grantees, in 
a body next adjoining to lands now granted or surveyed, and 
in such a manner that the lines may be parallel with the 
townships already surveyed, and if located on the eastern 
boundary line of the Commonwealth, the survey is to be 
made conformably to the lines run by Messrs. Maynard and 
Holland, and not interfering with any former location, and a 
plan or return of the field book to be laid before the Agents 
for the sale of Eastern Lands, reserving four lots of one hun- 
dred and sixty acres each, for public uses, viz. : one for the 
first settled minister ; one for the use of the ministry ; one 
for the use of schools within the said tract, and one for the 
future appropriation of the General Coui-t, to be located 
near the centre of said tract, and to average in quality with 
the other lots therein, and on condition that the grantees 
or their assigns, shall cause to be settletl seven settlers On 
said lands, within fifteen years from the date of the grant, to 
be liolden by the said grantees, their heirs and assigns for 

ever, as tenants in common, in the following proportions : ■ 

The said Catharine Drown, Sarah Droww; Mary Drown, 
18 



ijm AGTS. TO EXECUTE A DEED HEIRS W. VALGIIAN. 

Lucy Wilkins and Dorothy Flagg, six sixtieth parts eacb, 
the said James Foster Condy, Thomas Ilollis Condy and 
Sarah Kidder, five sixtieths each, and the said Susannah 
Green, fifteen sixtieths. Provided, however, that the said 
grantees siiall before the execution of the said deed, make and 
execute a good and ample letter of attorney, to be approved of 
by the Grovernor and Council, with covenants not to revoke the 
same, constituting the Attorney and Solicitor Generals, and 
their successors in office, jointly and severally to be their At- 
tornies in their names, tint for the use of the Commonwealth 
to recover any of said lands, which have been released as a- 
foresaid, from all persons occupying the same. Provided, 
also that the said Proprietors shall, within three years from 
the passing of this resolve, locate said tract, and cause the 
same to be survey ejj into lots. 



Mesnlve aniJinvi/zlng tJiP Agnnfsfor the sale of Eastern Landa , 
to execute a deed to thelieirs of the late William Vaughan. 
February 37th, 1813. 

Mesolvedy That the Agents for the sale of Eastern Lands, 
be, and they hereby are authorized, to make, execute and 
deliver to the heirs of the late William Vauglian, (as an equiv- 
alent for services performed) one half of a township, six miles 
square, of the unlocated land belonging to the Common- 
wealth, in the Bistrictof Maine, excepting the lands except- 
ed in the resolve, authorizing the grant to tlie proprietors of 
the Kenneheck purchase, herewith reported, to be laid out 
in the same manner, and subject to all the reservations, re- 
strictions and conditions, provided in the said resolve, author- 
izing the said grant to the proprietors of the Kennebeck pur- 
chase, in the samie manner as if the same were herein spe- 
cially recited. 

Mesolve for Faying the Commissioners on Eastern Land 
Claims. February 27th, 1813. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to Jeremiah Smith, Esq. one of the Commis- 
sioners ai)pointed by a resolve of the General Court of the 
SOth June, A. D. 1811, to settle the claims of certain persons 
to lands in tlic District of Maine, the sum of twenty dollars, 



PAY TO COM. ON EASTERN LAND CLAIMS. 209 

due to him for the balance of his expences, and the sum of 
eleven hundred dollars, in full for his services. Also, to 
David Howell, Esq. another of said Commissioners, the sum 
of eight hundred eighty-four dollars, which, with tlie sum of 
sixteen dollars due from him, shall be in full for his services. 
Also, to William H. Woodward, another of said Commis- 
sioners, the sum of eighty-two dollars, seventy -two cents, due 
to him for the balance of his expences, and nine hundred 
dollars in full for his services. Also, to Perez Morton, Esq. 
Attorney General, for his services upon the said Commission, 
the sum of two hundred dollars, and one hundred thirty-nine 
dollars, twelve cents, balance due of his expences : and the 
Oovernor, with advice of Council, is hereby authorized to 
draw his warrants on the Treasury, in favor of those pcF- 
€ons, respectively, for the several sums to them hereby grajited. 



COMMONWEALTH OF MASSACHUSETTS, 



Secretary's Office, May 2ith, 1813. 
By this, I certify, '-hat the printed copiesof (he Resolves, ^oontaiiied in this Paniphlet)pass- 
ed by the General Court, at tlieir Sessiotw in October, 1812, and January, 1813, have been 
esaraiaed, and compared, in the Office, with the Originals, and appear to be correct. 

ALDEN BRADFORD, 

Secretary of the CoinmoniveaUh. 



INDEX 

OF RESOLVES PASSED OCTOBER ANB JANU. \ 
ART SESSIONS OF XW^ GENERAL 
COURT, A. B. 1812-13. 



V*!' . 



A. 



ACADEIVIY, "VVESTFORD, granted further time to settle half a 

tdwnship, - > . . - - 117 

: Sandwich, - _ . . 134. 

: Saco, tract of land to be sold to trustees, - 137 

Agents on Eastern Lands, to execute deeds to old soldiers &c. 127 

: : : to cause survey of land in Berwick and 

Sandford, ----- 140 

: : : to execute a deed to the Kennebeck 

proprietors, and said proprietors to execute a letter of At- 
torney, --...- 205 
: : : to execute a deed to Catharine Drown 

and others, they giving a letter of Attorney, - 207 

: : : to execute a deed to the heirs of Wil- 

liam Vaughan, - - - - - 208 

Alexander, Caleb, and others, records, &c. of Franklin Glass 

Eactory Company confirmed, - - - 131 

Attorney and Solicitor Generals, grants to, - - 1 19 

Attorney General, compensated for attendance on the Commis- 
sioBers to decide on claims to lands in Lincoln County, 

B. 

Barrett, Joseph, allowed SI 74 for expences and time, - 141 

Batchelder, Josiah, time for payment of his bond extended, 97 

Bean, James, allowed pay as witness, - - - 121 

Bell, Shubael, rent reduced, - - _ - 155 

Blake, John, agent for Penobscot Indians, SoOO granted, - 143 

Boston, and other places, appropriation for defence of, - 148 

Boyd, John P. Treasurer directed, - - - - 136 

Bridge, Mary, affidavit made valid, - - - 139 

Brown, Cyril, Member of the House, pay granted, - - 107 

Burnell, Jemima, and others, estate of Lydia Baxter released io, 126 



INDEX. 
C. 

Carr, James, Member of the House, travel allowed, - J3S 

Chamberlain and George, Captains, pay for travel to Boston al- 
lowed, - r . ~ - . 154 
Chaplains of the General Court, pay allowed, - - 147 
Chase, Warren, SI per day granted, - • - 102-146 
Choate, Stephen, Treasurer to allow uncurrent bills, - 112 
Clerksof the General Court, pay granted, - - 105-147 
Council and Legislature, pay established, - - 94-112 
Court, Circuit Common Pleas, Justices of, 2d Eastern Circuit, 

further compensation provided, - - « l^Q 

Court, Supreme Judicial, Clerks to arrange the files of, &c. - 151 
Commissioners, to adjust accounts of Treasurers of Middlesex, 

pay allowed, - : - - - 15S 

: on claims to lands in Lincoln County, award, 

&c. . . , ^ . - 131 

: compensation granted, - - - 10$ 

Committee, on accounts, pay allowed, - - ' Jjl50 

: Roll No. CS, - • - 159 

D. 

Davis, Isaac, S7S granted to, - - - - IIS^ 

Dodge, Ezekiel G. Member of House, pay granted, - 107 

Donnison, William, Adjutant General, pay granted, - 115 



Eastman, Edward, Esq. pay as Member of the House, allowed, 93 

Edmands, John, to execute a deed to Peter Howard, 113 
Electors of President and Vice President U. S. Commonwealth 

districted for choice of, - - - - 94 

i Governor to employ Expresses to forward precepts 

for the election of, - - - - - 99 

: Form of returns of votes for, - - 106 

Esty Oliver, granted S 125, as reward, - . - 128 

F. 

Farwell, William, disabilities removed, • - 9S 

Field, Walter and others, certain actions legalized, - - 108 

Freeman, James and others, Committee of first precinct in Sand- 
wich, ---.-- 90 

G. 

Gilead, doings of confirmed, - - r - 114 

Governor J his speech and message, . - - 73-109 



INDEX. 

Governor Answer to, by the Hon. House, - - - 80 

: to employ expressess to forward precepts for choice of 
: : by the Hon. Senate, - - 85 

Electors, - - - - - - 99 

to appoint Agents to give deeds to settlers in Bristol, 
Edgecomb, &c. . . - - - 

Goulding, John Rice, discharged from an execution, - 93 

H. 

Hart, Daniel, granted SlOO, as relief, - - - 151 
Hallowell, SlOO, granted for land to to erect a gun house on, 121 
Hampshire County, tax granted, - . - 140 
Hoar, Leonard, Member of the House, pay granted, ' - 107 
Holmes, Daniel, allowed pay as a witness, - - 120 
Holden, Moses, authorized to prosecute heirs of Hannah Ranger, 122 
HoUis, Committee to ascertain and establish line, - - 131 
Huflf, Sarah, authorized to Appeal from divorce of Judge of Pro- 
bate, ...--- 144 
Hunt, Samuel and Jonathan, authorized to convey land, • 142 

J. 

Joy, Benjamin, Agents on Eastern Lands to convey a lot tOf 105 

K. 

Kingsman, Ezra, N. Thompson authorized to give a deed to, 100 

Kuhn, Jacob, Messenger; ^400 granted for fuel, - 102 

: S200 granted, - - - 157 

L. 

Lapham, Sylvanus, SI per day granted, - - - 102? 141 

Lawrence, Nathaniel, executor of the will of Nathaniel Soden, 

affidavit made valid, - - " - - 91 

Lebanon, doings confirmed, - - - - 90 

Lee, Benjamin, indemnity allowed, - - - 139 

Limerick, doings confirmed, - - - - 114 

Limington, : : - - - - - 115 

Lowell, John and Calvin Sanger^ allowed further time to settle 

township, - - - _ - . 116 

Lock, Ward, Assistant Messenger ol* the Council, pay gran- 
ted, - - - - - -103.146 

Lud dens, Asa, discharged from an execution, - - 87 



INDEX. 
M. 

Machias, Selectmen authorized to erect a gun house, - ISS 

Marston, John, Treasurer to issue a new note to, - - 99 

Metcalf, Tlieron, Reporter of decisions on contested elections, J48 

Mills, Elijah H. Member of the House, pay allowed to, - 150 

Militia at Eastport, &c, pay for supplies allowed, 152-15(> 

: Captains Chamberlain and George, pay allowed for 

travel to Boston, - - - - - 154: 

: liolls of Captains Chamberlain and George allowed, 157 

: Commissioners to arrange accounts and apply to the 

general government for payment, _ - , 155 

Mitchell, Josiah, W. granted pay as a Member of the Hou&e, 118 

P. 

Partridge, John, Administrator on the estate of Joshua Da- 
vis, empowered, - - - - 92 

Perry, John, $1 per day grauted, - - - 1P2-146 

Petts, Lemuel, indemnity allowed, - - - 134 

Phillips, John Jun. balance due estate of Hon. Samuel Phil- 
lips, allowed, ----- 134 

Plymouth, allowet{ further time to locate a township, - 116 

Pollard, Benjamin, S300 allowed for putting files of the House 

in order, -_---. 150 

Powers, Edward E. pay as Messenger established, - 125 

Preble, John and Samuel, Agents for sale of Eastern Lands to 

sell to, - - - - - - 124 

Purkilt, Henry, and others, (old soldiers) allowed further time to 

settle lands, ----- 127 

Q. 

Quarter Master General, to purchase powder, &c. - - 104 

: : : discharged of monies received and ap- 

propriation made for his department, - - ISO 

R. 

Rand, John B. compensation allowed, _ , . Jgl 

Representative and Senate Chambers, grant for repairs, - 10(3 

Robbinson, Elijah and wife, to execute a deed to John Whit- 
more, --.--_ 100 

S- 

Saco Free Bridges, Agents allowed further time to build one, 120 
Sandwich, ConstaUes empowered to collect tax of 1st precinct, SO 
Secretary, to deliver papers to claimants of eastern laiids, 13^ 



INDEX. 

Settlers on lands in Bristol, Edgecomb, &c. to be quieted, SfO^ 

Sewaliand Blake, Generals, compensation allowed, - 15Sl 

Sharper, Pero and wife, granted leave to sell land, - - 125 
Shead, Oliver, Lieutenant Colonel and others, pay roll referred 

to Adjutant General, - • - - . 145 

Shepard, Thomas, Treasurer to issue an alias warrant of distress, 104 

Smith, William, to be sole Agent on eastern landi^, - 148 

Snell, Robert, Member of ths House, pay allowed, - - 108 

: William, pension increased, . - j. 133 

Solicitor General, grant to, - - - - - 118 

Sparks, Asa, a tract of land to be conveyed to, - - 119 

Stanton and Spelman, allowed further time to pay for land, 124 

Starks, doings confirmed, - - - - - 135 
State Prison, appropriation for, - * - - 103-153 

T. 

Tackanish, Hannah, Matthew Mayew, authorized io sell her 

land, - - - - - 132 
Taxes, granted to 18 Counties, • - . - 129 
Tinker, Lee, Stephen Spelman to execute a deed to, - 101 
Tower, Stephen H. Page Io the^^Hduse, pay granted, - 103-147 
Treasurer, directed respecting bonds, notes, &c. - - 128 
: authorized to borrow money, -> - 145-149 
Treat, Joseph, Islands in Penobscot River to be conveyed to, 143 
Turner, Thomas, Adjutant, Committee on Accounts to make al- 
lowance tOf - - - - - 133 

W. 

Walcutt, Thomas, S104 granted to, - . - 135 
AVelsh, Jacob, indemnity allowed, - - . 155 
West, Roger, granted S43 37, by him overpaid, - 128 
Wetmore, William, widow of Henry Newman authorized to con- 
sent to the delivery of a deed, - - - 123 
Williams, John, Member of the House, pay allowed, - 113 
Woods, Sampson, indemnity allowed, - - - 136 

Y. 

York County, sentiments of inhabitants to be taken, - 1 32 



RESOLYES 



OP THE 



GENERAL COURT 



OF THE 



Commontoealtl) of ^ajS^acl)u^ettiS, 

PASSED AT THEIR SESSION IN 
JUNE, 1813. 



Published agreeably to a Resolve of January 11, 1812. 




BOSTON : 
PBINTED BY RUSSELL AND CUTLER. 



1813. 



CIVIL LIST. 



commonwealth''of\iassachusetts, 

Foil TiiE POLITICAL YEAH 1813—14. 

HIS KxcKTij: vcv 
CALEB STRONG-, Esq. Govcr}wr. 

TTIS l{(K\On 

WILLIAM PHILLIPS, Esq. Lieut. Governor. 



COUNCIL. 



Hon. Benjamin Pickman, jr. 
William Prescott, 
Samuel Fales, 
John Lord J 



Hon. David CoIjIj, 
Oliver Fiske, 
Jolm Brook.«, 
William Davis, 



George Bliss. 



SENATE. 

Hon. John Phillips, Esq. President. 

Suffolk — Hon. John Phillips, Thomas H. Perkins, John 
Welles, Israel Thorndike, Josiah Quincj. 

Middlesex — Hon. Samuel Hoar, Edmund Foster, Timo- 
thy Fuller. 

Worcester — Hon. Silas Holman, Solomon Strong, Beza- 
leel Taft, Francis Blake. 

Hampshire — Hon. Eli P. Ashmun. 

Hampden — Hon. Thomas Dwight. 

Franklin — Hon. Samuel C. Allen. 

Berkshire — Hon. Joseph Whitoii, Wolcott Hubhell. 

Bristol and J\^orfolk — Hon. Sylvester Brownel, Samuel 
Crocker, James Richardson, Joseph Heatli. 

Plymouth — Hon. Nahum Mitchell, Wilkes Wood. 

Barnstable — Hon. Wendell Davis. 

Hukes^ Count ij and Jfantncket — Hon. Walter Folger, jr. 

Essex — Hon. Samuel Putnam, Nathaniel Hooper, John 
Varnum, Daniel A. White, Thomas Stepliens. 

York — Hon. John Holmes, William JMoody. 

Cumberland and Oxford — Hon. Lotlirop Lewis, Jacob 
Abbot, Daniel Stowell. 

Itenneheck and Somerset — Hon. William Head, Joshua 
Gage. 

Liiicoln, Hancock and Washington — Hon. Benjamin J, 
Porter, William Webber, James Campbell. 

Samuel F. M'Cleiry, Clerk. 
Robert C. Vose, Assistant Clerk. 
Rev. Dr. John Lathrop,. Chaplain. 



212 



HOUSE OF REPRESENTATIVES. 



Hon. Timothy Bigelow, Speakei\ 
COUNTY OF SUFFOLK. 



Boston f Harrison G. Otis, 
William Smith, 
James Robinson, 
Jonathan Hunnewell, 
William Sullivan, 
Stephen Codman, 
Benjamin Russell, 
Daniel Sargent, 
James Lloyd, 
Benjamin Whitman, 
Charles Davis, 
William Hammatt^ 
William H. Sumner, 
Ephraim Thayer, 
Benjamin Weld, 
Oliver Keating, 
Nathan Webb, 
Daniel Messenger, 
George G. Lee, 
William Porter, 



Samuel M. Thayer, 
George Blanchard, 
Nathaniel Curtis, 
Richard Faxon, 
Samuel Dunn, 
John D. How^ard, 
Thatcher Goddard^ 
Lynde Walter, 
Jonathan Loring, 
Jonathan Whitney, 
Samuel J. Prescott, 
Lemuel Shaw, 
James Savage, 
Joseph Pierce, 
Andrew Sigourney, 
Thomas Barry, 
William Harris, 
Joseph Tilden, 
Richard Sullivan. 
Chelsea. 



ESSEX. 



Salem^ Dudley L. Pickman, 

Benjamin Pierce, 

William Orne, 

Edward Brown, 

Amos Hovey, 

Ezekiel Savage, 

Samuel G. Derby, 

Robert Emery, 

Benjamin H. Hathorne, 

John Pickering, 

Ebenezer Seeomb, 

Leverett Saltonstal. 
Marblehead, John Bailey, 

Joshua Prentiss, jr. 



William Story, 

James Smith, 

Richard Prince, 

Jacob Willard, 

Samuel W. Phelps. 
Lyn7i and Lynnfield, 

Thompson Burrill, 

Asa T. Newhall, 

Parker Mudge, 

Eleazer C. Richardson, 

Richard Breed, 

James Hawkes. 
Danvers, Samuel Page, 

Nathan Felton, 



HOUSE OF REPRESENTATIVES. 



213 



Dennison Wallis, 

James Foster. 
Beverly f Thomas Davis, 

Abner Chapman, 

Isaac Ray, 

Robert Rantoul, 

Nathaniel Goodwin. 
Wenlmm, John Dodge, 
Hamilton^ Robert Dodge. 
Manchester. 
Gloucester, John Tucker, 

John Manning, 

Benjamin Webber, 

Jonathan K^imball, 

Daniel Rogers, 

James Appleton. 
Ipswich, Nathaniel Wade, 

Jonath an^C ogs well, 

Joseph Farley, 

Joseph Hodgkins. 
Rowley, Thomas Gage, jr. 

Jonathan Lambert. 
JVewbury, Josiah Little, 

Silas Little, 

John Osgood, 

Daniel Emery, 



Oliver Pilsbury, 

EbenezerHale. 
JSTewhuryport, Jonathan Gage, 

Stephen Howard, 

William B. Bannister, 

Isaac Adams, 

Isaac Stone, 

William Chase, 

Samuel L. Knapp^ 

Samuel Newman. 
Bradford, Jesse Kimball, 

Thomas Savory. 
Boxford^ Parker Spoftord. 
Andover, Timothy Os2;ood, 

George Osgood, 

Benjamin Jenkins. 
Middletown. 
Topsjield, 

Nathaniel Hammojid. 
JWef /mew, Benjamin Osgood, 
Haverhill, David Howe. 
Jhneshury, Orlando Sargent, 

Nathan Long. 
Salisbury, Jonathan Smitis, 

Samuel March. 



MIDDLESEX. 



Charlestoivn, Joseph Miller. 
Cambridge, William Hilliard, 

Royal Makepeace. 
West- Cambridge, 

Thomas Russell. 
Brighton, 

Samuel Willys Pomeroy. 
Maiden, Jonas Green, 

Ebenezer Harnden. 
Jledford, Timothy Bigelow, 

Dudley Hall. 
J\*ewton, Samuel Murdock, 

Ebenezer Cheney. 
Watertown, Jonas White, 



Thomas Clark. 
Waltham, David Townseiui. 
Weston, Isaac Fiske. 
Lincoln, Leonard Hoar. 
Lexington, James Brown. 
Sudbury, William Hunt, 
East Sudbury, Jacob Reeves. 
f^Taticlc, Samuel Morse. 
Sherburne, Tapley Wyeth. 
Holliston, 

Timothy Rockwood. 
Hopkinton, Joseph Valentine;, 

Moses Chamberlaiii. 
Framrngham^ John Fisk, 



214 



HOUSE OF REPRESENTATIVES. 



Jolm Trowbridge. 
Marlhoroiiglh Jo^"i Loriiig, 

Daniel Brigham. 
Stow mid Boxhorougli, 

Augustus Tower. 
Concm^df Tilly Merrick. 
Bedford^ John Meriam. 
JBnrlington. 
Wobiivn, John Wade. 

Jonatliau Tidd. 
StomJiam. 
Beading, Timotliy Wakefield^ 

Daniel Flint. 
South Reading, John Hart. 
Wilmington. 
BiUerica, Josiali Crosby. 
Tewkshiirij, Jesse "Trull. 



Chelmsford, Amos Whitney 

Carlisle. 

TVestford, Jesse Miuot. 

Acton, Joseph Noyes. 

Littleton, Simon Hartwell. 

Groton, Joseph Moors, 

Luther LaAvrence. 
Dracut, Solomon Aiken. 
Dunstable. 
Tyyigshoro ugh , 

Robert Brinley. 
Shirley, John Egerton. 
Pepjjerell, 

i>Jehemiah Jewett, jr. 
Toivnsend, Samnel Brooks. 
Ashby, John Locke. 



NORFOLK. 



Jloxbiirij. 
.Dorchester, 

James Humphreys, 

John Capcn, 

William Pope, 
BrGoJdiiiP, Isaac S. Gardner, 
Milton, Jacob Gill. 
Qidficy, Thomas Greenleaf. 
Braintree, Jonathan Wild. 
Weymouth, 

Christopher Web1)i 
Cohasset, Thomas Lothrop. 
JX'ecdham, Daniel Ware. 
J)?dham, John Endicot, 

Samuel H. Dean, 

.Tonathan Richards. 



Medfield and Dover, 

Daniel Adams. 
Medway, Nathaniel Lovell. 
Bellingham, John Bates. 
FranMin, Joseph Bacon, 

Phineas Ware. 
Wrentham, Jairus Ware, 

William Blackington. 
Walpole, Daniel Kingsbury. 
Foxborough. 

Sharon, Benjamin Raynolds. 
StougJiton, 

Benjamin Richards. 
Mandoljih, Micah White. 
Canton, Joseph Bemis, 

Lemuel Whiting. 



PLYMOUTH: 



Plymouth, 

Nathaniel Spooner, 
Barnabas Hedge, Jun. 



Abner Bartlett, 
Joseph Bartlett, 3d. 
Benjamia Bramhall. 



HOUSE OF REPIIESEISTATIVES. 



215 



Kbigstouy John Thomas. 
J)u.vburij, Jutlah AUleii, 

Samuel Frazier. 
Marahfield, Jotham Tildeii. 
Pembroke, Kilborn Whitman. 
Bridgeivater, Daniel Howard, 

Naihan Mitchel, 

Grideon Howard, 

Daniel Crane, 

Abiezer Alger. 
Middlehoro% Joseph Barker. 
Rochester. 
Wareham. 



Carver. 

PUmj)ton, Elijah Bishe. 

Halifax. 

Mington, Nathan Gur»ey, jr. 

Hanover, Turner Stetson. 

Scihiate, Elijah Turner, 

Hayward Pierce, 

Cushing Otis. 
Hingliam, Jonathan Gushing, 

Thomas Fearing, 

Jotham Lincoln, jr. 
Hull, Samuel Loiing. 



JRISTOL. 



Taunton, 

Nicholas Tillinghast, 

Josiah King, 

John Reed, 

John Godfrey. 
RaynJihm, John Gilmore. 
Eastoicn, Calvin Brett, 

John Tinkham. 
JVorton, Brian Hall, 

Samuel Morey. 
Mansjield, Solomon Pratt. 
Attlehoro\ Joel Reed, 

John Richardson. 
Tiehohoth, Hezekiah Martin, 

Joseph Wheaton, 

Samuel Bliss, 2d. 
Seekonk, Peter Hunt, 

Oliver Starkwether. 
Hlghton, John Hathaway, 

Leonard Hathaway. 
Swansea, Daniel Hale. 



Somerset, Tliomas Daiitbrtli. 
Berkley, ApoUos Toby. 
Freetown, 

William Rounsevelle. 
Troy, Robert Miller. 
Wesijjort, Abner Browneli, 

Abner B. Gifford, 

Isaac Cory, Jun. 
Dartmouth, Ephraim Tripp. 

Henry Tucker, 

David Thatcher, 

Thomas Almv. 
JSTeiv Bedford, 

Gamaliel Br^yant. 

Jirch Swift, Jun. 

John M. Williams, 

William Hatha^vay. 
Fairhaven, John Hawes, 

Nicholas Davis, Jun. 

Joseph Tripp. 



BARNSTABLE. 

Barnstable, William Lewis. James Crowell. 
Sandwich. Dennis, Judah Paddock. 

Falmouth, Thomas FisJi, Jun. Samuel Cliase. 
Yarmouth, John Eldredge, Harwich, Isaiah Ciiase, 



^16 HOUSJE OF REPRESENTATIVES. 

Nathan Nickerson. Eastham, Heiiian Smith, Jun. 

Breit'ster, Isaac Clark. Wellfleet, Beriah Higgins, 

Chatham^ Richard Sears. Truro. 

Orleans, Jonathan Bascom. Provincet omuy Daniel Pease- 

DUKES' COUNTY. 

Edgartown, Timothy Dagget. Twhury. 
Chilmark. 

NANTUCKET. 

Mmtucket, Gilbert Coffin. 

WORCESTER. 

Worcester, Abraham Lincoln, Petersham, Joseph Gallond, 

William Eaton, Ward. 

Nathan White. Shrewsbury, 

Leicester, Austin Flint. Vashni JSemenway. 

Spe7icer, James Draper, jr. Westhoro\ Moses Grout. 
JirookfieU, Oliver Crosby, Southhoro\ Willard Newton. 

Samuel B. B-ice. JVorthboro^, James Keyes. 

,N*. BrookfieU, Thomas Hale. Boylston, Jonathan Bond. 
Western, Samuel Blair, Jun. W. .Boylston,'BsivnnhsisDa.\'is. 
Sturbridge, David Wight, jr. Lancaster, Jacob Fisher, 
Charlton, John Spurr, William Cleveland. 

Isaiah Rider. Harvard, Reuben Whitcomb, 

Dudley, Aaron Tufts, Jonathan SaAvyer. 

Moses Healy. Bolton, Stephen P. Gardner. 

Douglas, Benjamin Dudley. Berlin, Henry Powers. 
U.vbridge, Benjamin Adams, Sterling, Samuel Sawyer, 

Samuel Reed. Thomas Howard Blood. 

JS'^orthhridge, Princetown, David Rice. 

Adolplms Spring. Holden, William Drury. 

Mendon, Joseph Adams, Rutland, Jonas Howe, Jun. 

Elijah Thayer. Oakham, 

Milford, Pcarley Hunt. William Crawford, Jun. 

Upton, Ezra Wood, jr. Paxton, David Davis, Jun. 

Grafton. JV\ Braintree, 

Sutton, Jonas Sibley, Joseph Bowman, Jun. 

Darius Russell, Hardwick, Timothy Paige, 

Abijah Burnap. Jeduthun Spooner. 

Oxford, Abijah Davis. Barre, Nathaniel Jones, 

Hribhardston, Ephraijn Allen. Archibald Black. 



HOUSE OF REPRESENTATIVES. 



217 



Leominster, DfiYidWildeVyjv Asliburnham, Joseph Jewett. 

Bezaleel Lawrence. TFmc/iew£?oi2, Samuel Prentiss. 

Limenhurgh. JHoijalston, John Norton. 

Fitchburgh. Templeton, John W. Stiles*, 

Westminster, 3 oimsWliitnej, Athol, James Humphries. 

Abel Wood. Gerry, Elijah Gould. 

Gardner, Aarou Wood. Dana, Stephen Johnson. 

HAMPDEN. 



Springjield, Moses Cliapin, 

Oliver B. Morris, 

Etdmund D wight. 
Longmeadow, Calvin Burt. 
WiJhraliaiiu Joseph Lathrop, 

William Clark. 
Monson, Abner Brown, 

Jesse Ives. 
Brimjield, Stephen Pynchon, 

Alexander Sessions. 
Holland and S. Brimjieldf 

Royal Wales. 
Liidloiv, Ely Fuller. 
Palmer, Alpheus Converse. 
West- Springfeld, 

Elias J^eonard, 

James Kent^ 



John Porter, 

Luke Parsons. 
Westjield, 

Benjamin Hastings, 

Frederick Fowler, 

Azariah Moseley. 
Southivick, Euos Foote, 

Shubael Stiles. 
Granville, David Curtis, 

Israel Parsons. 
Tolland, Thomas Hamilton., 
Blanford, Alanson ICnox, 

AndrcAV Wilson. 
Chester, Silvester Emmons, 
Miissell. 
Montgomery. 



HAMPSHHIE. 



t\*ortha7npton, Isaac C. Bates, 

Elijah H. Mills, 

Asahel Strong. 
Kast-Hamjiton , 

Pearson Nichols. 
South- Hampton, 

Luther Edwards. 
West-Hampton, 

Silvester Judd. 
Hatfield, 

Samuel Partridge, Sd. 
Williamshu rgh, 

Thomas Mayhew. 
Goshen, Nehemiah May, 
30 



Plaiiifield, John Hamlin. 
Cumiugton, Peter Bryant. 
Worthington. 

Chesterfield, Joseph S. Bailey 
J^orwich, Jesse Joy. 
Middlefield, John Dickson. 
Hadley, Samuel Porter. 
South Hadley, Peter Allen. 
Granby, Eli Dickinson. 
Belchertown, Eliakim Phelps, 

Wright Bridgman, 

J u stu s Forward, jr. 
Ware^ Enos Davis. 
Greenwich^ Abijah Powers, 



218 



HOUSE OF REPRESENTATIVES'. 



Amherst, 

Samuel F; Dickinson, 



Simeon Stron 



»• 



Pelham, Moses Gray. 



FRANKLIN. 



MorfhfieUy Meclad Alexander. 
Warwick, Caleb Mayo. 
Orange, Amos Woodward. 
Montague, Nathan Chenery. 
Sunderland, Nathaniel Smith. 
Leveret. 

Wendell, Joshua Grreen. 
Shuteshury, Josiah Beaman. 
tWciv-Salem, Varney Pearcc, 

Benjamin Stacy. 
Greeirfleld, Elief Gilbert. 
Gill, Moses Bascom. 
Bernardston, 

George Alexander. 
Ley den. 
Shelburn, William Wells. 



Coir nine, David Smith, 

Jonathan Mc Gee. 
Heath, Hoger Leavitt. 
Kowe, William Taylor. 
Charlemont, 

Sylvester MaxAvell. 
tiawley, Thomas Lonsjley. 
Bitckland, Enos Pomeroy. 
tlshjield, Bethuel Lilly, 

Enos Smith. 
Comvay, Elisha Billing^, 

David Childs. 
Deerjield, Elihii Hoyt, 

Asa Stebbins. 
Whately, 

Thomas Saunderson. 



BERKSHIRE. 



Sheffield, Joseph Goodrich, 

Azariah Root. 
J^ew-Marlhorough, 
Elihu Ward, 
Ebenezer Hyde. 
Sandisfield and Soiitlijield) 
Eliakim 11 nil, 
Uriel Smith, jr. 
Otis, Roderick Norton. 
Tyrin^ham, 

Solomon Garlield. 
Great Barrington, 
Samuel Rossetter, 
David Leavenworth. 
EgreTTiont, JohnTullar. 
Alford, Aaron Kitme. 
Stockhridge, John Hunt. 
West Stockhridge, 

Lemuel Moffitt, jr. 
Becketf George Conant. 



Washington, 

Absalom J3eming. 
Lee, Jared Bradley. 
Jjenox, Daniel Williams, jr. 
B,ichmond, Russell Griffin. 
Hancock, Willet Gardner. 
Pittsfield, Jolm B. Root, 

Caleb Wadhams, 

John Dickenson, 

Simeon Brown. 
JJalton, Zenas Crane. 
Hinsdale, Artemas Thomson* 
Peru, John Leland, jr.. 
Windsor. 

Laneshoro^ and JST. Ashford. 
Cheshire, John Leland, jr. 
Adams, Daniel Read, 

John Waterman. 
Williamstown, 

Samuel Kellogg, 



HOUSE OF REPRESENTATIVES. 



^19 



Ambrose Hall. 
Savoy. 



Clarkshurgh, 
Florida. 



YORK. 



Yorkf Eliliii Bragdon, 

Joseph Bradbury, 

Josiah Bragdon. 
Kittery, Mark Adams, 

Joshua T. Chase. 
Elliot, Samuel Leighton, 

John Hammond. 
Wells, John Storer, 

Nahum Morrill, 

John Bourn, 

John Low, Jr. 

George W. Wallingford. 
Arundel, Eliphalet Perkins, 

Seth Burnhara. 
Biddeford, Jeremiah Hill, 

Reuben H. Green. 
Berwick, Richard F. Cutts, 

Joseph Prime, 

William Hobbs, 

Benjamin Green, 



Jedediah Goodwin, Jr. 
Lehavon, David Legro. 
Sandford, Elisha Allen. 
^ilfred, Abiel Hall. 
Lyman, John Low. 
Hollis, Timothy Hodsdon, 
Waterboro% Henry Hobbs. 
Shapleigh, Jeremiah Emery, 

John Bod well. 
JV*ewjield. 
Parsoii'sjiehl, David Marston, 

Simon Marston, 
Cornish. 

Limerick, Abijah Felch. 
Limiiigton, David Boyd. 

Walter Hagens. 
Saco, Benjamin Pike. 

John Boothby, 

Aaron Seaman, 
Buxton, Benjamin Leavitt. 



CUMBERLAND. 



Portland, 

Joseph H. Ingraham, 

Isaac Adams, 

Enoch Preble, 

James Neale, 

Stephen Longfellow,, 

Seward Porter, 

William Francis. 
Falmouth, John Jones, 

John Porterficld, 

Joseph Yoi^L. 
Cajie Elizabeth, 

Silvanus Higgens. 
Scarhoro^ Gideon Rice, 

Benjamin Larrabee, jr. 
Gorham, David Hardingj, 



James Codraan, 

Toppan Robie. 
Standish, Theodore Mnssey, 
Windham, Stephen Hall. 
Graij^ Eliab Latham. 
JV*. Yarmouth, 

Ammi* R. Mitchel, 

Tliomas Chase, 

Alford Richardson, 
, James Prince, jr. 
Pownal, Edward Thompson. 
Free-Port, Samuel Porter, 

Barnabas Bartol, 
Brunswick, David Dunlap, 

Phillip Owen, 

Henrv Putnam. 



2S0 HOUSE OF REPRESEr^TATIVES. 

Durham^ Josiali Biirnliam. Minot, Jacob Hill. 

Harpswell, Maymond, George Small. 

Steplien Purrintoii. Baldivm. 
J\r. Gloucestpr,J}^i\id Nelson^ J5n'(Z^fo?r?i, Jonathan Barnard. 

Samuel Fessenden, Harrison. 

JPegijpscot. Otisfield. 
Poland^ Thomas Barns. 

LINCOLN. 

Wiscasset. Jeremiah Bailey. Samuel Baker. 

John Merrill, jr. . Warre'n, Samuel Thatcher, 

Woohvicli, Richard Harnden. Cyrus Eaton. 
Dresden, George Houdlette. Camden, Moses Trussel. 
Mna, Jeremiah Pearson. Hope, Fergus McClain. 

Whitefield, Joseph Bailey. Union. 
Jefferson, Joseph Jackson. Putnam. 
JSeic Castle, Charles Nickels. Palermo. 
Edgecombe, Montville, Joseph Chandler. 

Thomas Cuningham. Georgetown, Mark L. Hill, 

Boothhay, Jacob Auld, Benjamin Riggs. 

John McKown. Batlu Andrew Greenwood, 

Bristol, Samuel Tucker. Abraham Hammat;, 

JSTobleboro^ Ephraim Rollins. John M. Moody. 
Waldoboro\ Jacob Liidwig^ Topsham, Actor Patten, 3d. 

Isaac G. Reed, Bowdoin, Moses Dennet. 

Henry Flagg. Boicdoinham. 

Friendship, Melzar Thomas. Leicistown, Joel Thompson, 
CusJiing. Lisbon, Nathaniel Eames. 

St. George, Elijah HalL Litchfield, John Neal. 

Thomaston, 

Ezekiel G. Dodge, 

. KENNEBECK. 

Augusta, George Crosby, Tssachar Snell. 

Seth Williams. "^ lleedfield. 

Hallowell, Samuel Moody, Wayne, Joseph Lamson. 

Thomas Bond, jr. Fayette, 

Gardiner. Joseph H. Underwood. 
Monmouth, Abraham Morrill. Mount Vernon, John Hovey. 

Greene, Luther Robbins. Belgrade, Sherebiah Clark. 

Leeds, Daniel Lothrop. Sydney, Ichabod Thomas, 

Winthrop, Samuel Wood, Watervillej 



1 



HOUSE OF REPllESENTATIVES. 



921 



Eliiatlian Sherwin. 
Dearhorn. 
JRome. 
Vienna. 

JVew Sharon^ Abel Baker. 
Chestprville. 

FarmingtoUf Asaliel Gross. 
Teinijle. 

Wilton, Samuel Butterfield. 
Pittston, David Young. 



Vassalboro\ 

Samuel Redington. 
TVinslow, Thomas Rice. 
flflj'Zemj Josiali Ward. 
Malta. 
Fairfax, 

Japltet Coombs Washburn* 
Clinton. 
Unity, Rufus Burnham. 



OXFORD. 



Paris, Seth Morse. 

Albion K. Parris. 
Hebron, 

Alexander Greenwood. 
BucJcfield, 

Benjamin Spalding. 
Turner, Joseph Bonney. 
Livermore, 

William H. Brettun, 

Samuel Livermore. 
Hartford. 
Sumner. 
Porter. 
Hiram and Broicnfield, 

.Tames Steele. 



FryeburgJi, 

Samuel A. Bradley. 
LovelL 
Sweden. 
Denmark. 

JSTorway, Levi Whitman. 
Waterford, Calvin Farrar. 
Albany. 

Bethel, Moses Mason. 
Jay, James Starr^ jr. 
Hixfeld. 
JRumford. 
Gilead. 
JSTeivry. 
East-Jtndoifer. 



SOMERSET. 



»N'orridgeu'ocJi\ 

William Sylvester. 
Canaan, Eleazer Coburn. 
Fairfield. 

Anson, John Moor. 
Starks, James Waugh, jr. 
Mercer. 
Industry. 
^'*€2v- Vineyard. 
Strong, 
Avon. 
Embden, 



JVe w - Portland. 

Freeman. 

Madison, 

Nathaniel Blackwell . 
Cornville. 
Solon. 
Athena. 
Harmony^ 
Palmyra. 
Bingham. 
Phillij)s. 



222 



HOUSE OF REPRESENTATIVES. 



HANCOCK. 



Castine, David Howe. 
Penohscotf William Freeman. 
Orland, John Lee. 
Buckstown, Jonathan Buck. 

Joseph Lee. 
Orrington, John Wilkins. 
Brewer, John Blake. 
Eddington. 

EUsworth, George Herbert. 
Surry. 

Blue -Hill, Elias Upton. 
Sedgwick, Daniel Merrill. 
Trento7i. 

Sullivan, Paul D. Sargent. 
Gouldsboro^, Samuel Davis. 
JEden. 
Mount Desert, 

Davis Wasgatt. 
Beer-Isle, Pearl Spafford, 

Preseott Powers. 



Vinalhaven, Cyril Brown. 

Isleborough. 

lAncolnville, Samuel Miller. 

JK*orthport. 

Belfast, Greorge Watsoft. 

Prospect, Joseph P. Martiti". 

JFrankfort, 

Philo H, Washhurn, 

William R. Ware. 
Hampden, Jonathan Knowles. 
Bangor, Charles Hammond. 
Orono. 
Biocmont. 
Carmel. 
Corinth. 
Exeter. 
Garland. 

JK*ew-Charlestown. 
Foxcroft. 
Sebeck. 



WASHINGTON. 



Machias, Peter Talbot, 
Jacob Longfellow. 

Eastport, 

Jonathan D. Weston. 

Lubeck, 

Calais. 



Bobbinston. 

Jonesborough. 

Addison. 

Harrington. 

Steuben, Philo Lewis. 

Columbia. 



Benjamin Pollard, Clerk. 

Rev, Joshua Huntington, Chaplain, 



RESOLVES 



OF THE 

General Court of Massachusetts, 

PASSED AT THEIR SESSIOX, 
OOMMENCED ON THE TWENTY SIXTH DAY OF MAY, AND ENDlfcD 
ON THE SIXTEENTH DAY OF JUNE, A. D, 1813. 



GOVERNOR'S SPEECH. 



REPRESENTATIVES' CHAMBER, MAY 28. 1813. 

At ii 0^ clock, the Se7iators attended in the Jlejpresentatices' 
Chamber, agreeably to assignment, ichen His Excellencif 
the Governor came in, accompanied by his Council, the 
Secretary of the Commomvealth, and other officers ofgon- 
ernmentf and delivered the following 

SPEECH : 

Gentlemen of the Senate, and 
Gentlemen of the House of Representative s^ 

THE situation in wliicli I am again placed, imposes* 
a duty upon me, by every exertion in my power, to promote 
the interest and safety of my fellow citizens ; their approba- 
tion of my conduct the last year, is peculiarly grateful, as it 
leads me to hope that my services in the year to come will be 
considered with the same indulgence ; without it, I'feel my 



224 GOVl-RNOR'S SPEECH. 

iiieompetencej at this tliiiieult season, to discliarge, in a satis- 
factory manner^, the duties of the office which I have under- 
taken. 

In pursuance of the authority given by the Resolve passed 
at the last session of the General Court, empowering the 
Governor, with advice of Council, to adopt certain defensive 
measures for the protection of the towns and harbors in the 
ConiMonwealth, three judicious persons, skilled in military 
affairs, Averc commissioned to carry into effect the intentions 
of the Legislature, expressed in the Resolve. The Secre- 
tary will deliver you a report of their proceedings under that 
commission. 

By a Law of the Uniied States, passed in April, 1808, the 
annual sum of two hundred thousand dollars was appropri- 
ated for the purpose of providing arms for the militia of the 
United States, to be transmitted to the several States, in 
proportion to the number of the effective militia in each State, 
and to be distributed under such regulations as should be 
prescribed by the State Legislatures. Li compliance with 
the request of the late General Court, in their Resolve above- 
mentioned, I applied to the Executive of the United States, 
and requested such supply of muskets as might be conven- 
iently furnished, and as might be considered the proportion 
to which this Commonvr ealth was entitled. A copy of the 
answer to this application, wliich I liavc received from the 
Secretary of War, will also be laid before you. 

As we are engaged in War with a nation of great mari- 
time strength, your attention will be directed, in a particular 
manner, to those parts of our extensive sea-coast where the 
people are most exposed to depredations ; and being de- 
prived of tiicir usual means of support, have already suffer- 
ed severely, and arc in danger of still greater evils. I have 
no doubt you will be disposed to afford them every assis- 
tance they may stand in need of, witliin the poAver of the 
State Government. It belongs to tlie National Government 
to protect each of the States in the Union, and provide for 
the common defence ; but if an invasion should be made or 
attempted on any part of our coast, I am confident that our 
militia ^vould jjromptly, and with clieerfulness, exert their 
utmost endeavors to repel it. 

We are bound to obey the Laws made in conformity with 
our Constitutions ; but those Constitutions ensure to us the 
freedom of speech ; and at this momentous period it is our 



GOVERNOR'S SPEECH. 225 

i'ight and duty to inquire into the grounds and origin of the 
present War ; to reflect on the state of public affairs, and 
express our sentiments concerning them with decency and 
frankness ; and to endeavor, as far as our limited influence 
extends, to promote, by temperate and constitutional means, 
an honorable reconciliation. By an unnecessary war, the 
deepest guilt is incurred ; and therefore every belligerent na- 
tion should inquire which of the contending parties is charge- 
able with this guilt. 

When war was declared against Great Britain, our com- 
plaints were chiefly founded upon her Orders in Council ; 
and though they were revoked within four days after the 
Declaration was published, it will be useful to attend to 
them when we are considering the necessity of that mea- 
sure. In November, 1806, the French Emperor issued his 
Berlin Decree, declaring the British Islands in a state of 
blockade, and forbidding any commerce or correspondence 
with them. To this suceeded the British Orders in Council, 
and other French Decrees, some of which were of a still 
more exceptionable character. 

Although the Decrees of Berlin and Milan, and the Or- 
ders in Council, were injurious to neutral rights, it would 
be uncandid to suppose that the direct object of either nation 
was to injure the commerce of neutrals. The French de- 
crees might be thought necessary by that government to ef- 
fect the subjugation of Great Britain ; and the Orders iu 
Council were declared, by the latter, to be retaliatory mea- 
sures, adopted in consequence of the aggressions of her ene- 
my, and to be revoked when those aggressions ceased. In 
their arduous struggles they seen! to have thought only of 
themselves ; and while those struggles continued we must 
have known that our commercial intercourse with them 
Would be exposed to numerous embarrassments ; but we were 
consoled with the reflection that these would be counterbal- 
anced by the advantages we derived from the War in Eu- 
rope. Indeed it is probable, if our Government had main- 
tained a system of impartial neutrality, and had imposed no 
restrictions on trade, that notwithstanding those Decrees 
and Orders, we might, by reason of our neUtfal character, 
have enjoyed a commerce more lucrative for the last seven 
years, than would have fallen to our share had the whole 
woi'ld been at peace. 

In May 1810, the Congress directed that the Non-Inter- 



221) GOVEIlxNOR'S SPEtlCII. 

course Act should cimso as to that belligerent which slioukl 
iirst so revoke its edicts as that they should case to violate 
our ueutral commerce, aud that it should operate on the 
other which sliould neglect so to do AVithin three mouths af- 
ter the President's Proclamation, declaring the fact that such 
revocation had taken place. Ou the lOth of August follow- 
ing, the 'Duke of Cadore in a letter to our Minister in France, 
stated that the Berlin and Milan Decrees were revoked, and 
that after the first of N ovemher then next, they would cease 
to have effect ; it being understood that the English should 
revoke their Orders in Council, and renounce their new 
principles of blockade : or that the United States should 
cause their rights to be respected. This letter was consid- 
ered by the President as an absolute repeal of the Frencli 
Decrees, though it appeared to many persons, at that time, to 
have been only a provisional repeal, upon conditions that 
mis;ht never happen, and was not confirmed by any instru- 
ment of which the courts or people of France were obliged 
to take notice. The President, however, on the 2d of No- 
vember, 1810, annaunced, by Proclam;itiou,ihatthc Decrees 
of Berlin and Milan were revoked ; and in March follow- 
ing the Congress passed a Law confirming that Proclamation, 
and the revival of the Non-Intercourse against Great Britain. 
When our Government was thus committed, it was the 
policy of the French Emperor to convince the British nation 
that his decrees were not revoked, and he took effectual 
measures for that purpose. His public ships, by his author- 
ity and under his instructions, committed depredations on 
our commerce and burnt our vessels ; the French cruizers 
and privateers cnptured them and they were condemned in 
the Fiencli Courts ; nor has France made the least repara- 
tion for the plunder. On the 31st of March, 1811, the Em- 
peror declared to Lis Council of Commerce, that the decrees 
of Berlin and Milan were the fundamental laws of his Em- 
pire. Many other declarations of this kind were made by 
the Frencli Government, and though our Ministers remon- 
strated against them as containing no exception in favor of 
the United States, and requested some authentic act of the 
French Govern Qient to justify our national measures, no sat- 
isfaction could be obtained. " If the President had then re- 
voked his Proclamation, the numerous evils that liave fol- 
lowed from that unfortunate measure, might have been pre- 
vented. But, as if the French Emperor was determined to 



GOVERNORS SPEECIT. 221 

j^)ut our Government in the wrong, the Duke of Bassano, in 
May, 181S, wlien it miglit be presumed that war between 
this country paid Great Britain would take place, produced 
to Mr. Barlow, a Decree which bore date tlie S8th of April, 
1811, repealing the Decrees of Berlin and Milan, and as- 
signing as the cause of the repeal, the Act of Congress of 
March, 1811. To suppose, therefore, that the French de- 
crees were repealed on the 2d of November, 1810, involves 
the absurdity, thatthe effect took place long before the cause. 

At the same time that the above decree was produced by 
the French Minister, he informed Mr. Barlow that the de- 
cree had not been published ; but dechared it had been com- 
municated to our former Minister iu France, and likewise 
sent to the French minister here, with orders to communicate 
it to Mr. Monroe. On the correctness of this statement it 
may be improper to form an opinion until our Government 
explain the transaction. But of this v»e maybe certain, that 
if that decree was made in April, 1811, aecA3rding to its date, 
it was concealed for the purpose of producing a war betv;een 
this country and Great Britain ; for the party who concealed 
it well knew, that if that decree was known in England, the 
Orders in Council would Ije revoked. If the decree boie a 
false date, and had not been communicated to our Ministers, 
no man, either in the Administi'xiiion or among the people, 
can hereafter doubt concerning the character of the French 
Government, or the impositions practised upon us. 

Tlie principal remaining alledged cause of hostility, is the 
impressment of seamen from our merchant vessels. 

The war in Europe opened to these States such an exten- 
sive field for commercial enterprize, tliat it might liavc been 
diflicult to jnocnre, immediately, such numbers of American 
seamen as could profitably be employed. Our wealth and 
navigation increased with a rapidity which has never been 
exceeded ; many thousanels tlierefore of Britisli seamen de- 
serted that service for a more safe and lucrative employment 
in ours ; and greater numbers m'-ght have resorted to us, if 
tliey had not been appreliensive that the British navy would 
reclaim them. But if there had been no competitors from a- 
broad, as men w ill always employ their industry in the man- 
ner they find most advantageous, the high price for that spe- 
cies of labour would soon have induced a sufficient number 
of Americans to become seamen ; in that case the danger of 
impressment^ by British si ips, would liavc been prevented^ 



^ GOVERNOirS SPEECH. 

It appears therefore, that British seamen have been patron- 
ized at the expense of our own ; and should Great Britain 
now consent to relinquish the right of taking her own sub- 
jects, it would be of nO advantage to our native seamen ; it 
would only tend to reduce their wages, by increasing the 
number of that class of men. 

The British Government has never claimed a right to take 
our native American seamen ; had such claim been made, we 
should all have united to resist it. Great Britain only claims 
the right of taking her own subjects from neutral merchant 
vessels. In doing this, from a similarity in language, our 
citizens have sometimes been subjected to impressment ; but, 
so far as I have heard, ^hey have been discharged, when ap- 
plication was made in their behalf, and evidence furnished 
of their citizenship. In some instances there may have been 
a wanton exercise of power by the impressing officers ; but 
it is impossible for the best regulated state wholly to control 
1(he actions of its subjects, or restrain all its military and na- 
val officers in their distant operations, from insolence and op- 
pression ; it is therefore, a rule of national law, that the 
faults of individuals shall not be imputed to the nation, un- 
less they are approved and ratified by the government. 

Some abuses must undoubtedly happen ftom the difficulty 
of distinguishing Americans from Englishmen. But it ap- 
pears from the examinations already made, that these abuses 
have been greatly exaggerated, and that only a small num- 
ber of native Americans are in the British service, who have 
not voluntarily engaged ; and of these the British Minister, 
before the war, requested our government to furnish a list, 
that measures might be taken for their discharge. It is pro- 
bable that more than one third of the nativeAmerican seamen, 
belong to this State, and three fourths are supposed to be 
from the States of New-York and New-England ; if the 
number detained in British ships had been great, the com- 
plaints would have been loudest from this part of the Union ; 
but the fact has been quite otherwise. You, gentlemen, re- 
present every town in the Commonwealth, and will be able to 
ascertain how many of your neighbours are held, without 
their voluntary consent, in the navy of Great Britain. 

All the European nations agree in founding allegiance 
upon the circumstance of nativity ; they claim and treat as 
subjects, all those who are born within the confines of their 
dominions ; although removed to anotlier country in their 



GOVERNOR'S SPEECH. 329 

youth. This doctorine of allegiance is also the common 
law of our own country, and as such, it often has been, and 
probably always will be, recognized by our courts. 

The sovereigns of Europe have also universally assumed 
the right of prohibiting, whenever they please, the departure 
of their subjects out of the realm ; and we are told by the 
most approved writers on the law of nations, that a state hajs 
just cause of complaint against another which entices away, 
and employs its useful subjects. That every government 
has a just claim to the service of its subjects in time of war, 
and that all those who abandon their country, when in dan- 
ger, are deserters, which she has a right to punish. It 
was upon this principle that our laws for the confiscation of 
absentees' estates were passed, and if the principle is un- 
sound those laws were unjust. 

Great Britain complains, that we have allured iier seamen 
into our employment, by holding up superior inducements to 
them to quit her service and engage in ours ; and this too at 
a time when she was contending for all that was dear to her 
against the most formidable and efficient force, that in any 
9,ge of the world has been united under one head. She as- 
serts, that her seamen are essential to her safety ; that though 
they are not liable to be taken from our national sliips, and 
Ave have a right to protect them while they remain within 
our territories ; yet, if they pass into her dominions, or if 
in transacting their own affairs on the high way of nations, 
they come within her power, she has a right to take them in 
virtue of her prior claim ; that the nations of Europe have 
for ages claimed and exercised this right, and that she can 
never relinquish it so long as we employ her seamen, with- 
out endangering the existence of her navy. What hope of 
peace then can reasonably be entertained while such a sacri- 
fice is required of her ? A nation ought first to do justice to 
others before it demands justice of them ; when war was de- 
clared we knew that Great Britain had suffered greatly by 
the desertion of her seamen into our service ; but had we 
done any thing to prevent or discourage it ? though she al- 
ledged that they were necessary for lier defence ; and to us 
they were only useful as the means of acquiring ^vealth. 

In the war between France and England we professed to 
be a neutral nation. This amounted to an engagement on 
our part, that we would, in all things, shew an exact impar- 
tiality between the contending parties ; and policy as well as 



230 GOVERNOR'S SPEECH. 

justice demanded of us an equal attention to both. But have 
we maintained this exact impartiality towards the belliger- 
ents ? Have not the restrictions upon our own commerce 
been so calculated, as deeply to wound the interests of Grreat 
Britain, without impairing the resourees,or disturbingthe con- 
Itnental system of her enemy? We have expressed a just sym- 
pathy for our seamen who are detained in British ships ; but, 
have we shown a like sensibility for those who are confined 
in French prisons, until discharged by enlisting on board 
their cruizers ? When the war commenced, had we not re- 
ceived as many and g,revious insults from the French gov- 
ernment as from the British ; and in what manner have we 
resented them ? Although, in proportion to her maritime 
means of annoyance, we had suifered much greater losses 
from France than from England, has not our language to the 
former been mild and conciliating, and have we not to the 
latter indulged in oiFensive reproaches and undeserved as- 
perity ? Men who sincerely desire peace, will not employ 
themselves to multiply the causes of dispute, and excite jea- 
lousy and irritation between the people of the two countries : 
they will rather allay the passions than inflame them, and 
will think it no diminution of our dignity, if in doubtful ca- 
ses we recede from a supposed right, rather than support it 
by artifice and violence. 

It has been often asserted that our national honor compel- 
led us to en2:a£:e in a war with Great Britain. The honor 
of a nation consists in the display of its wisdom, justice, 
moderation and magnanimity ; it requires the government to 
regulate its conduct for the greatest advantage of the state, 
and to pursue that scries of measures Vvliich most effectually 
promotes the welfare of the people. But that species of 
honor which would prompt us to wage war for every sup- 
posed instance of abuse or disrespect, is not the honor of a 
wise and moral people. A proud or passionate individual 
will sometimes claim a right to sport with his own life by 
putting it in hazard against the life of another ; But, few 
men will avow that governraent has aright to expose the safe- 
ty of the state, and the lives and fortunes of the citizens, 
merely to indulge its passions or gratify its ambition. 

So far as conquest may be considered as the object of the 
present war, its policy, to say nothing of the justice of it, 
must be extremely doubtful. A few individuals may gain 
by an offensive war, but the great body of the people have 



GOVERNOR'S SPEECH. 231 

nothing to gain or hope for. In repuhlics, the increase of 
power and wealth has often occasioned severe calamities, by 
increasing their pride and arrogance^ and inspiring rash 
councils and extravagant measures. Bat when tliey have 
been successful in foreign war and acquired the title of con- 
querors, I thJnk they have invariably and speedily lost their 
form of government. A man who has a large army at Ids 
control, must have the virtue of a Washington, not to make 
use of it for his own aggrandizement. The National Consti- 
tution was formed and adopted for our own defence ; there 
is not a clause in it, in wiiich an extension of our territorial 
limits was contemplated. The Congress indeed were au- 
thorized to admit new states into the union ; but every man 
knew, that under the confederation it had been proposed to 
form a num])er of states in the western territory, and Yer- 
mont was even then a candidate for admission. I presume 
that no one thought of giving Congress the power to obtain 
by purchase or conquest the territories of otiier nations, and 
annex them to the United States, and form them, or subdi- 
visions of them, into constituent parts of the union. 

A suspicion has been intimated, that the hostility of the 
Indian tribes was excited liy British influence : as no proof 
has been offered to us on this subject, it might be sufficient to 
say that a regard to vague and uncertain suspicions exposes 
a nation to become an unjust aggressor. But lias not our 
conduct towards those tribes been often oppressive and un- 
just ; and have we not indulged an eager desire to obtain 
possession of their lands, wlien we had already millions of 
acres which we could neither cultivate nor dispose of ? Per- 
haps the late unfriendly dispositions of the Indians maybe 
accounted for by the march of a hostile army into their coun- 
try, and the battle which ensued, many months before war 
was declared against England. 

In the present moral state of the world, it would seem 
that our political friendships should be formed with some 
regard to that state. Eut arc we encouraged by tlie moral 
qualiiies of the Frencii government to take part in its wars ? 
Or will any one say that the cause of France is more just 
than that of Spain, Portugal, or Russia, or that her success 
would be more conducive to tlie hap])iness of mankind ? Or 
should we cultivate tlie friendship of France because she can 
do us more injury tlian England, or because her manners, re- 
ligion or pulicy are more congenial to ours ? In our cmbar- 



^32 GOVERNOR'S SPEECH. 

rased and alarming situation, it is indeed a very favorable 
circumstance, that the people have so generally expressed 
their utter aversion to a French alliance ; — such an alliance 
would be the greatest calamity, and must produce the most 
fatal effects. 

It is my wish, Gentlemen, in making these observations, 
that they may lead to a dispassionate review of our conduct 
towards England and France, and of theirs in relation to iis. 
While we attend to what is due to ourselves, we are not to 
forget what we owe to others ; and in cases liable to the least 
doubt, the claims even of aii enemy should be impartially 
examined. If upon such examination we are convinced the 
war is necessary, we shall be justified in affording our vol- 
untary aid to support it. But if we discover that our opin- 
ions or measures have been erroneous, we have the strongest 
motives, both from interest and duty, to relinquish them. We 
may indeed deceive ourselves and even resolve to cherish 
the deception ; but the Supreme Arbiter, to whose restributive 
justice the most solemn appeal has been made, connot be de 
ceived, and will not, with impunity, be mocked. 

In times of party zeal and public commotion it may be 
difficult on some occasions to discern what is right. But T 
hope, that with a fixed attention to the duties imposed on us 
by our National and State Constitutions, and with a humble 
reliance on the Divine direction, the Members of this Gov- 
ernment will, in this perplexing period, preserve consistency 
of conduct, and adhere, with undeviating constancy, to the 
principles of justice and truth. 

CALEB STRONG 

Cotmcil Chamher; Mmi 28, 1813- 



ANSWER 

or THE 
ilOUSE OF REPREBENTxVTIVEB, 



May it please yoiit Excellency, 

THE House of Representatives receive with pecu- 
liar satisfaction your Excellency's communication to both 
Houses, and sincerely rejoice in the unequivocal testimony 
of the increased confidence and approbation of your fellow 
citizens, manifested in your recent election. 

When your Excellency, in compliance with the anxious 
wishes of the people, consented, the last year, to leave the 
pleasures and tranquility of your favorite residence, and 
resume your high oflBce, you rendered to your country a 
service never to be forgotten. A new order of things had 
arisen in this Commonwealth, inauspicious to personal secu- 
rity and the public peace. The most alarming innovations 
upon our ancient laws and usages, were introduced under 
the sanction of the highest authorities. Freedom of speech, 
and the right of the people to discuss, in tlieir assemblies, the 
measures of Government, were denounced. The Law Offi- 
cers of the Commonwealth were instructed to ransack files of 
newspapers in search of libels. To perpetuate the usurpation 
of party power, and effectually to prevent the reaction of pub- 
lic sentiment, under any change of times or of affairs, the val- 
uation, wliich constitutes the liasis of taxation, and of repre- 
sentation in one branch of the Legislature, was framed on 
principles grossly erroneous ; and the State was divided, 
without regard to the provisions of the constitution, the, dic- 
tates of justice, or the principles of equality, into districts of 
the most preposterous and inconvenient forms, for the pur- 
pose of securing political majorities. A monied institution 
was created, founded on the determination to abols'i those 
already existing, and its capital was apportioned to counties 
and towns, upon a digested scheme of premiums for political 
<!orruption. The courts of justice were nevr modelled, a)%d 

S)r) 



^J3i ANSWER OF THE HOUSE. 

a general removal from office^ of iliose who were suspected of 
deviation from the creed of the ruling party, was commenced 
and defended as a measure of political justice. 

At this alarming juncture, the ^eyes of the people were 
turned towards your Excellency, as to a tried and faithful 
friend, whose moderation and firmness were calculated to 
check the progress of these abuses, and contriliute to their re- 
formation. These expectations have been fulfilled, and the 
good serise of the people, with the l)enefit of your iniluence 
and example, has rescued the state from oppression, and 
prcbably saved it from the liorrors of a civil commotion. 

We advert with great interest to your Efxcellency's obser- 
vations upon the exposure of our sea coast to danger, and 
are tleeply afl'ected ]>v iuformation of the privations and suf- 
ferings to wliich the inhabitants are doomed, in many places, 
by the Wiuiton and cruel war in which v» e are engaged. As 
the General Government has wholly abandoned this impor- 
tant and extensive coast, and the trade so essential to their 
interest ; as no portion of the immense revenue drawn from 
this state is applied to elfective defence; and, as we learn 
from the "^^'ar department, that even the arms to v*liich we 
are entitled by law, have been sent to prosecute a war of for- 
eign conquest against our unoffending neighbours ; the dic- 
tates of self preservation demand, that we should adopt mea- 
sures for our OAvn protection. And although a system of di- 
rect and internal taxation has been recommended by the 
President of the United States, which will add enormous 
burthens upon our cons ituents, yet we confidently hope, that 
the patriotism of our citizens will still be able to furnish some 
means of defence for our native state, should the General 
Government still continue to withhold that protection which 
is guaranteed by the constitution. It is, in these circumstan- 
ces, a great consolation, that our brave and disciplined Mi- 
litia, by your provident care, have been reservetl at home to 
repel ii^ivasion, instead of being sent on expeditions, worse 
than fruitless, in which Ave might have been compelled to 
mourn over their defeats, when conscience would have forbid- 
den us to rejoice in their successes. 

The right and duty of a free inquiry into " the grounds 
and orighv' of tlie present war, will never be relinquished by 
our constituents without a struggle. The doctrine, that si- 
lent acquiescence in ruinous measures must be enforcedj be- 
cause they are stamped with the forms of the constitution, is 



ANSWER OF TtlE HOUSE. 235 

not adapted to their cliaractev or comprelieiision : They im- 
bibed different theories, in those times, when their petitions 
and remonstrances were despised and rejected by a British 
Parliament, deaf to their complaints and alien to their feel- 
ings. Such a doctrine is an incentive to tyranny, to stifle 
opposition, by doing its work with despatch. 

Your Excellency's illustration of the causes of the unjust 
war in which we are engaged, is so lucid and satisfactory, 
and your view of tlie controversy respecting the British or- 
ders in council, and their claims to their own seamen from 
our merchant service, so conformable to the law and usages 
of nations, that we can only respond your sentiments upon 
these subjects. 

By the correspondence between the Freiie'u and American 
Ministers, lately submitted to Congress, it is most evident 
that the nation Jias been drawn into a Vv^ar, either by a dis- 
gusting imposition practised upon our Government by the 
French Emperor, v/hich it comports not with their policy to 
represent in its true colors ; or by the concealment of a 
most important fact by our Government, which it was their 
duty to disclose to the American people. 

While many of the most upright and intelligent men have 
uniformly believed and maintained that the iiritish orders 
in council afforded to our country no just cause of war, the 
doubts of others have probably arisen from divesting tliem of 
their declared character of measures of retaliation upon the 
conduct of lier enemy : All dispassioiiate persons will admit 
that this was a question of international lav/, which it was not 
incumhent upon Government to decide, whsilever were the 
sentiments of its individual members. It should have suffi- 
ced for the practical statesmen to inquire, whetJier, under ex- 
isting circumstances, the interest or honor of the country 
rendered war inevitable ; and whether, on supposition of tlie 
affirmative, justice or expediency demanded the selection of 
Great Britain for an enemy. 

But tiie authors of tlie war appear to h.ave confined their 
attention to the first of these questions. Tliey admit, that as 
the injuries inflicted upon our commerce v^'fere professedly 
incidental to their state of hostility with each other, and were 
not justified as acts of direct aggression upon the flag of the 
United States, it was at least optional with this government 
to continue to treat them as of this cliaracier, and to oppose 
them by remonstrance, until the national honor demanded a 



936 ANSWEk OF THE HOUSE. 

more decided and vigorous course of proceeding. But is it 
not true tliat the unexampled fary and peculiar character 
and extent of the European contest — the power of the prin- 
cipal parties in the war — the conplaints of administration a- 
gainstboth — the remoteness of our situation, and ourincapa- 
city of 1)ringing into operation against them any effective 
means of annoyance ; — our destitution of competent fleets and 
arniies, the state of our finances, and the example of other na-, 
tions ; — is it not true, that these and other circumstances, com- 
bined to furnish the most fastidious honor with a dispensa- 
tion from ordinary rules and obligations, and a fair apology 
for avoiding, altogether, or at least for postponing until fully 
prepared, this last and terrible resort of nations ? No prece- 
dent to the disadvantage of the country, and no abandonment 
of ji:st rights, coiild have been inferred from this forbearance. 

Besides, in whose estimation was the national honor en- 
dangered ? %^'^ere we bound to dishonor ourselves in the o- 
pinion of France, that we might preserve the good graces of 
Britain ; or to embroil ourselves with the latter, that our 
chivalrous spirit might be respected by the former ? Or were 
the unresisting vassals of French power, among the nations of 
Europe, to be the arbiters of our lienor ? Or was it desirable 
to secure the applause of other neutrals, who would willing- 
ly bestow upon us their admiration, in exchange for the pro, 
fit to be derived from avoiding our example ? Certainly 
when the passions of these evil timies shall have subsided, 
the American nation will be convinced, as the people of 
Massachusetts are convinced, that this is not a war for hon- 
or, interest, or independence ; but the miserable catastrophe 
of a plan of policy founded on tlie pride of system, and in 
hatred of one nation and partiality to another — passions 
which in their march towards the great objects of local ag- 
grandizement and party power, have trampled upon the in- 
terests of the union, and threaten those of New-England with 
final destruction. 

While the friends of a cammercial policy, in our country, 
have reason to lament the jealousy and precipitancy which 
have preclude*.* us from reap.ing the advantage of a state of 
affairs v/liieh can never be expected to recur; the advocates 
for republican governments, throughout the world, will de- 
plore the failure of this last experiment of the capacity of 
such governments to shun the faults and vices incident to 
other forms. No essay was ever jnade under circumstances 



ANSWER OF THE HOUSE. 237 

equally favorable. Aloof and distant from the storms wliicb 
ravaged Europe, the attention of mankind was directed to- 
wards these states, as the sanctuary of the oppressed, and the 
chosen residence of liberty and peace. The harrassed subjects 
of other governments, whose lives and fortunes are devoted 
to war at the nod of a master, regarded with envy the condi. 
tion of a great people, who, holding the sword in their own 
hand, would not permit it to be wielded for the purposes of 
ambition or conquest, of vanity or revenge. But this delu- 
sion has vanished ; and unless better councils prevail, we 
shall henceforth be distinguished from other republics, only 
by the increased facility with which the people have surren- 
dered their interests aud understanding, to their plausible 
and presumptuous leaders. 

Admitting however, that our controversies with other na- 
tions had arrived to a crisis, which left no alternative 
but war, we still most fully assent to your Excellency's inti- 
mation, that the selection of Great Britain for an enemy, in 
preference to her adversary, cannot be justified. That na- 
tion, by her superiority on the ocean, had effectually banished 
from it every hostile flag. The atchievements of our naval 
heroes, on that element, cxhi^)its atisfactory demonstration of 
their native prowess and skill ; and excite vain regi'et for the 
neglect to foster this natural and precious safeguard and 
ornament of the nation. SLill it was not to be concealed, 
that in war, with our disparity of force, our commerce 
must become a prey to our enemy, (^^anada, far from offer- 
ing inducements to conquest, Vv'ould prove a fatal present if 
it should be ceded by grant. The aggressions of Britain 
were last in order, least in degree, and accompanied by the 
beneiit arising from the convoy of our ships, and the protec- 
tion every where afforded against French depredations. Her 
interests, in many particulars, coincide with those of our own 
country. Her laud was the birthplace of our ancestors ; lier 
religion, her language, herlav/s, are ours; and her downfall 
would draw after it the destruction of civil liberty through- 
out the world. If then a preference was due, in entering the 
lists for honor, to any nation, it was due to her. At peace 
with Grreat Britain, we should now have shared largely in 
the commerce of the world, and continued to be a prosper- 
ous and united people. In short, all the motives of pru- 
dence, justice and patriotism, which are characteristic of 
sound policy, forbade this unhappy controversy, in a toae so 



238 ANSWER OF THE HOUSE. 

loud, that we are compelled to look to other causes. These 
may be comprised in the fixed determination of those who 
displaced the friends and undermined the policy of Washing- 
ton, to retain power, and as subservient to tliis object, to cher- 
ish prejudices which ;!^i-ew out of the revolutionary war, as a 
convenient and ready means of popular excitement. Hence, 
too probably, the uniformly cold, captious, and ungracious de- 
portment towards one nation, and the tame, tolerent and sub- 
missive attitude towards another. 

We are duly impressed by your Excellency's suggestion, 
that the extension of territorial limits was never contempla- 
ted by the framers of the constitution. If the President and 
Senate may purchase Und, and Congress may plant States 
in Louisiana, they may, Avith equal right, establish them on 
the North West Coast, or in South America. It may be 
questioned, hereafter, whether after this formation of New 
States, the adherence of the old ones, which dissented from 
the measure, to the Union, is the result of obligation or ex- 
pediency : And it is evident that this multiplication of new 
States, not parties to the original compact, must soon be re- 
garded as fatal to the riglits and liberties of some of the pre- 
sent members of the confederacy, and consequently as an in- 
supportable grievance. This extension of territory has alrea- 
dy excited a spirit of cupidity and speculation, which is a- 
mongthe causes of our present troubles. By means of pow- 
er thus acquired, and the operation of tiie constitutional pro- 
vision, whereby three freemen, in certain parts of the union, 
enjoy the same privileges in tl)e clioice of Representatives, 
which in other States is divided among five, the influence of 
Massachusetts and of the Eastern States, in the National 
Councils is lost ; and systems of commercial restriction, of 
war and conquest, fatal to their interests, and outrageous to 
their feelings, are founded on its ruins. 

We arc aware that the expression of these truths, which 
are wrung from us by tlie tortures of an unfeeling and un- 
merited policy, will be imputed (by those wlio are interest- 
ed in such a construction) to disaflection to the union. When 
the public Treasury lias been lavished by administration, as 
the price of fixing upon Massachusetts the suspicion and 
odium of her sister States; calumny acquires au importance, 
which a Housii of Representatives may notice without a cul- 
pable, condescension. It is not true, as your Excellency is 
aware, that the good people of this Commonwealth, or of 



ANSWER OF THE HOUSE. S3B 

the m-etropolisj clierisli views inimical to the conthmance of 
the union. Massacliiisetts was alert and decided in promot- 
ing the old and new confederations. We remember also that 
under a wise administration^ the present constitution was 
prolifick in every species of prosperity : we know that the 
afllnities of interest which ousjht to unite us are natural;, and 
predominate over the artificial collisions which tend to de- 
tach from each other the members of tlie great family. Nor 
are our intelligent citizens unmindful of the dangers, dis- 
sentions and final insignificance of the component parts, 
Avliich too often attend the dissolution of confederated States. 
But on the other hand, we regard the union as only one of 
the objects of the constitution. The others, as expressed in 
the instrument, are to establish justice, ensure domestic tran- 
quility, provide for tlie common defence, promote the gener- 
al welfare, and secure the blessings of liberty to ourselves 
and posterity. So long as the union can be made the instru- 
ment of these other constitutional objects, it will deserve the 
support of all the friends of their country. But it is for these 
only that it possesses a value in our esteem. Without them 
it would prove a name and not a charm; ajid, like other con- 
stitutional provisions, a fair subject of amendment. Tt was 
not betraying an indifference to the union, to protest against 
measures as Meakand mischievous which their authors after- 
wards abandoned as mischievous and weak. We have ask- 
ed for an efficient protection to commerce, or that commerce 
should be permitted to take care of itself : Neither has 
been granted. The portion of the union wliich lives by com- 
merce, is plunged into war by tlsose who exult in their means 
of living v»ithout it, claiming however to be its best friends, 
and most competent to its regulation. Tliousaiids deprived 
of the means of happiness, which endear either government 
or country, remonstrate and complain, and are branded as 
Malcontents by those who dispense seizures, forfeitures, 
penalties and prisons, as bounties for the encouragement and 
protection of commerce. 

The imputation of undue partiality to the British nation, a- 
gainst the people of our state, is equally unfounded. The 
men of Massachusetts were the first to resist the pretensions 
ofGrreat Britain — the blood of Massachusetts was the first 
that moistened the soil of Independence. Whence then this 
idle calumny ? If the measures of Gre-at Britain have been in- 
jurious to commerce, have we less interest than others in its 



!^40 ANSWER OF THE HOUSE. 

welfare ? If American seamen have been impressed, does 
not the number of our seafaring citizens exceed that of any 
other state ? If Great Britain could be proved to be jealous 
of the prosperity of the United States, is not ours a country 
whose merchants and carriers must be the immediate objects 
of competition ? It was, among other reasons, to preserve the 
impoi-tance of our country and commerce, in the view of 
Great Britain, and to prevent the exposure of weak and vul- 
nerable points — it Was to cover the folly and self-conceit of 
visionary statesmen, that we opposed the measures which 
led to war, and that We are now anxious for peace. We 
foresaw that a commercial warfare with Great Britain would 
be unequal, and that the system of restrictions would recoil 
upon ourselves ; and most sincere would have been our joy, 
to have discovered and acknowledged the fallacy of our pre- 
dictions. 

We shrink from an anticipation of the probable con- 
sequences of a protracted warfare, to the Avelfare of our 
country, and we rejoice in every glimpse, however feeble, of 
returning peace. A negociation is announced as intended to 
be attempted in Russia. The scene is distant, and the de- 
lay apparently needless. We have however no disposition 
to impede its progress — or, by any measure, to incur the 
charge of weakening the hands of those who have gone so 
far to effect what we believe might be done with greater ease 
and promptness nearer home ; and whatever may be our fears, 
we devoutly pray that the event may be peace. We are 
better reconciled to wait the issue in patience, as events have 
diminished the present danger of a French alliance — a mea- 
sure so pregnant with every evil, and so utterly revolting to 
the sentiments of our people, that we trust no administration 
will persist in projects tending to such an issue. 

To all the subjects recommended by your Excellency, we 
shall pay a prompt attention, and endeavor to terminate the 
session with all possible regard to the exigencies of the 
season. 



ANSWER OF THE SENATE; 



-May it please your EyiceUency^ 

THE Senate of Massachusetts have mfet your Ex- 
cellency, at the opening of the present political year, with 
the most lively emotions of respect and affection, and with 
devout thankfulness, to the Author of all good, for your re- 
election to the office of Chief Magistrate. In this event, so 
propitious to the hest interests of our country, we discern a 
satisfactory evidence of the virtue and intelligence of our 
fellow-citizens — and we can assure your Excellency, that 
the enlightened people of this Commonwealth have witiicR- 
sedyour administration, during the past year, not only with 
entire approhation, hut with the warmest sentiments of vene- 
ration and gratitude. The cheerfulness with which your 
Excellency has again accepted this high and responsible of- 
fice, doubly arduous at this perilous crisis of our affairs, is a 
renewed proof of the pure and exalted patriotism for which 
your Excellency has ever been distinguished. 

The Senate consider the view which your Excellency, in 
your communication to the Legislature, has taken of the cau- 
ses which have produced the present calamitous situation of 
the country, to be so clear and comprehensive, that it would 
be difficult to make any observations, in their answer, which 
your Excellency has not anticipated. 

ATrequent recurrence to the principles of our constitutions, 
is necessary to a proper understanding and support of our 
rights and privileges. 

That the freedom of speech and of the press, is essential 
to the preservation of our free governments ; — that all politi- 
cal power is derived from the people ; — that they may re- 
sume the trust which was delegated for their welfare, when- 
ever it shall be exercised to their ruin ; and that allegiance 
and protection are reciprocal ; are positions in wl)ieh all 
agree, 

^3 



242 ANSWER OF THE SENATE. 

These riglits arc indeed liable to al)use. The freedom ol 
speech may degenerate into licentiousness ; and the inlierent 
right of the people to alter and amend their systems of gov- 
ernment^ may be perverted to the purposes of ambition. — 
But notvs^ith&tauding the difficulties and dangers which must 
be encountered for the attainment and support of civil liber- 
ty, yet its blessings are a full reward for all the care and 
exertion necessary to its preservation. 

The constitution of the United States was the result of mu- 
tual forbearance antl liberal compromise. There were how- 
ever certain great interests, which were understood to claim 
its peculiar regard. 

Among the most prominent of these were the encourage- 
ment and protection of commerce. This was justly consid- 
ered by the NcAY-England a.nd navigating States, as. an in- 
dispensable condition of tlie compact. It was commerce 
which gave value to their enterprize and agriculture ; and 
so careful were they to guard this sinew of their strength, 
that a provision was introduced into the constitution itself, 
exempting all exports from duty This regard to commerce 
was not novel ; for in the Declaration of Independence, it 
forms a conspicuous allegation against Great l^rifcain, thaf 
she had cut ofTour trade witii all parts of the world. 

It is not to be supposed that the navigating states would 
have adopted tlie constitution if they had foreseen that the 
efTect of it would be the destruction of their commerce. 

Soon after the constitution went into operation, the war in 
Europe broke out, and the citizens of the United States were 
necessarily affected by its consequences. 

It was then that the ])atriotism and firmness of Washing- 
ton were again tried. Moved by considerations of justice 
as well as of policy, notwithstanding the embarrass- 
ments of a powerful opposition, and with means and resour- 
ces inconsiderable, compared with those which were in tlie^ 
power of the present administration — he took and maintain- 
ed the ground of an impartial neutrality. 

Tlie state of prosperity which followed this magnanimous 
course, was unexampled in the hi^story of the world. 

It was emphatically the golden age. Our commerce was 
extended through the world ; richly rewarding the labour 
and enterprizo of the farmer and the mercliant, and furnish- 
ing abundant revenues for the support of government. With 
such an example before them, was it to Jiave l,»een expected 



ANSWER OF THE SENATE. S15 

that any administration, under circumstances nearly similar, 
would pursue an opposite policy ? Could it have been be- 
lieved that the original ground and bond of the union would 
be abandoned ? that measures would be adopted and pur- 
sued, with undesiating perseverance, destructive of our com- 
mercial advantages ? that a naval defence should not only 
be neglected, but represented as an extravagant and useless 
expenditure ! 

It was naturally to be supposed, that both Great Britain 
and France would be desirous of the aid of the United 
States, in their sanguinary contest ; but it v. as obviously the 
duty and for the interest of this country to remain perfectly 
neutral. Why then has our country been involved in war, 
especially witii that power, whose r;?cans of annoyance so 
greatly exceed those possessed by the other ? Was Great 
Britain selected for our enemy because she has paid less re- 
gard to her treaties than France ? — In utter contempt of her 
engagement, tliat free ships should make free go«)ds. France 
has plundered and confiscated American property, wherever 
it could be found. While one of these rival powers has, 
according to her agreement, compensated, in damages witli 
interest, for injuries of v*hich wc complained, the other has 
avoided her compacts by the shameless avowal, that siiB 
jBnds a real inconvenience in their performance. Wliile one 
of them has convoyed, the other has burnt our ships in every 
sea. 

The principal alleged cause of the war, was the Orders in 
Council ; — ^-and although they have ceased, it is still neces- 
sary to consider the circumstances under which they were 
issued, rightly to understand the grounds and origin of that 
disastrous measure. 

Our Ministers, in London, had concluded a treaty upon 
all the points in dispute between the two countries, just, at 
the time when the Berlin Decree v. as published, prohibiting 
to neutrals all intercourse with Great Britain. Aware of the 
injuries Avhieli she must sustain from that flagrant violation 
of the law of nations, she frankly informed our government, 
that, if (contrary to all expectation) the United States sub- 
mitted to that outrage, she ehould be obliged to retaliate up- 
on France, by prohibitiijg, to neutrals, all trade with her. — 
The Berlin Decree was immediately enforced upon all A- 
mericpai pvoperty,within the reach of French rapacity, as well 
in neutral territories as on the high seas. This was known 



2U ANSWER OF THE SENATE, 

to our government : — for it appears, that as early as May, 
1807, they informed our Minister in France, that " there 
were proof <«, that the West India privateers had, under color 
of that edict, committed depredations, which would consti^ 
tute just clamis for redress." 

The treaty Avas rejected hy the President, as unworthy 
the consideration of the Senate ; notvathstanding the duty to 
preserve an exact impartiality No efllcient measures were 
taken against France, for her violation of her treaty as well 
as the law of nations : and after waiting nearly a year, Great 
Britain issued her Orders in Council, of 11th November, 
lb07j retaliating the aggressions of France, in pursuance to 
the notice before given. ' 

These, as your Excellency observes, were declared to be 
retaliatory measures, adopted in consequence of the aggres- 
sions of her enemy, and to be revoked, when these aggres- 
sions ceased. 

Our government contend, that France has been the first to 
do justice to the United States : That she repealed her de- 
crees, and ceased to violate our neutral rights, in November, 
1810 ; — and therefore, that Great Britain ought to have re- 
voked her orders : That, in consequence of her refusal, the 
Act of Congress, of March, 811, was rightfully passed, 
prohibiting all intercourse with Great Britain — a measure, 
wliich the Emperor has graciously condescended to consi- 
der as " an act of resistance to the British orders." 

The question is thus brouiijht to a single point. Did 
France repeal her decrees, and cease to violate our neutral 
rights, in November, 1810 ? 

If she did. Great Britain was bound, upon her own prin- 
ciples, to repeal her orders. If she did not, it necessarily fol- 
lows, that France has added insult to her original aggres- 
sion. 

The pretended repeal of the decrees, was upon condition, 
in effect, that Great Britain should al)andon the antient rights 
and usages of war, sanctioned by the public law, touching 
blockades : " a condition, which, (as your Excellency ob- 
serves) many persons supposed would never happen." 

Nevertheless, our government conducted itself, in relation 
to Great Britain, as if the repeal had been absolute. 

The ground taken by the American Cabinet, was, that 
France had ceased to violate the neutral rights of the United 
States ; and they insisted that Great Britain ought to believe it. 



ANSWER OF THE SENATE. M5 

But the contmued burning of American vessels, by order 
of the commanders of the Emperor's ships — the indiscrimi- 
nate plunder and confiscation of American property on shore 
— on the seas — in France — in Denmark — Naples, and oth- 
er subjugated States : These outrages, connected with the 
repeated declaration of the Emperor, that the decrees were 
the fundamental law of his empire, still operated upon the 
incredulity of Great Britain. 

At length, when it suited the purposes of the Emperor, 
but not till April, 1811, he made his repealing decree, and 
as we are informed, communicated it to our cabinet, although 
it was not made public for more than a year after its date ; 
and this puts the question, now under consideration, forever 
at rest. The Emperor declares, that he repealed his de- 
crees, in consequence of our act of resistance to the British 
orders : — but our government declares, that this act was in 
consequence of his repeal of the decrees. 

•' To suppose, tlierefore, (fis your Excellency remarks) 
that the French decrees were repealed on the 2d November, 
1810 ; involves the absurdity, that the effect took place long 
before the cause.'' 

During all this period, the negotiation was pending with 
Great Britain. She making overtures to revoke her orders, 
upon receiving evidence of the repeal of the decrees : — the 
actual repeal was carefully concealed — and the American 
cabinet employed itself, in laboured essays, to persuade Great 
Britain, that tlie pretended repeal was real and absolute — 
until they terminated the discussions by a declaration of war. 

It is now sufficiently apparent, that if the decrees had 
been effectually resisted, the orders in council v/ould not 
ha,ve been issued — for as soon as the real repeal was pro- 
duced, Great Britain annulled her orders, according to her 
uniform engagement. Unfortunately, however, the country 
was plunged into the war, before the revocation could be 
known here. 

The declaration of the French Minister, tliat tlic decree 
of April, 1811, was communicated to our cabinet, was true, 
or it was not. If it was not true, why have not the adminis- 
tration indignantly denied the fact, and taken such a position. 
in relation to that perfidious power, as the occasion requir- 
ed ? If it was true, and the war has been produced ])y t he 
concealment, will not all tiie blood that lias been or may be 
fihed, in carrying it on. be required at the hands of its authors ? 



^46 ANSWER OF THE SENATE. 

If, upon the discovery of the perfidy of tlie French gov- 
ernment, the President had revoked his Proclamation, we 
agree with your Excellency, '' that the numerous evils that 
have followed from that unfortunate measure, might have 
been prevented." 

And considering the restrictions which the European pow- 
ers, in time of peace, usually impose on trade with their co- 
lonies — we perfectly agree with your Excellency, " that it 
is probable, that if our government had maintained a sys- 
tem of impartial neutrality, and had imposed no restrictions 
on trade, that notwithstanding those decrees and orders, we 
might, by reason of our neutral character, have enjoyed a 
commerce more lucrative, for the last seven years, than 
would Isave fallen to our share had the whole world been at 
peace.'' 

The orders in council having been thus removed, the only 
remaining alleged cause of war, was the right which Great 
Britain claimed to take her own seamen from our merchant 
ships. 

That cause alone, was not considered as a sufficient ob- 
jection to the arrangement which Avas made with Mr. Ers- 
kine, and little doubt can be entertained, that another ar- 
rangement, equally advantageous to the United States, might 
have been made, and the war instantly brought to a close. 
As impressments had been continually diminishing, it is not 
easy to perceive why the necessity of war for that cause 
should have increased. 

Besides, the people had expressed great satisfaction with 
that arrangement, and would undoubtedly have rejoiced had 
a similar course been pursued. 

By this, we do not mean that the manner should have 
been exactly followed ; for we should exceedingly regret 
that any offensive terms should have been again introduced, 
having a direct tendency to defeat the negotiation. 

The people, fortunately, understand the subject of im- 
pressment much better than formerly, and it will be difficult 
to persuade them, that they are to be benciitted by the em- 
ployment and protection of foreign seamen. 

The result of the late investigation, upon this sul)ject, in 
this Commonwealth, abundantly proves, that the risque of 
impressment of native American seamen is so small, that it 
scarcely excites their attention or regard. Indeed, it must 
be considered as a singular circumstance, that our western 



ANSWER OF THE SI^XATE. 947 

brethren should express and seem to feel so much more 
sympathy for the wrongs suffered by the seamen, than the 
seamen do for themselves. 

It ought to be recollected, that the evidence on that ex- 
amination, was taken, under oath, from merchants of this 
state, who had employed the greatest number of seamen, in 
voyages to all parts of the world : and it is rauch to be de- 
sired, that such further investigation will be Isad in other 
commercial states, as will present the whole truth upon this 
very interesting subject. 

We concur with your Kxcellency in the belief, "that Bri- 
tish seamen have been patronised at the expense of our own, 
and that if Great Britain should consent lo relinquish the 
right of taking her dfi^n subjects, it would be of no advan- 
tage to our native seamen, it would tend only to reduce their 
wages, by increasing the number of that class of men." 

We believe there never was a subject more grossly misre- 
presented, both as to the cause and effect, than this of im- 
pressment. 

Give our gallant seamen ships and employment, and they 
will not call upon the landsmen for protection or for bread. 

Your Excellency very justly observes that *• the national 
constitution was formed and adopted for our own defence, 
and that there is not " a clause in it in which an extension of 
our territorial limits was contemplated." Attachetl as we 
are to the union of the states upon the principles of the con- 
stitution, we are alarmed that Congress should ever have 
pursued a policy, in the admission of new states, so entirely 
contrary to these principles, and so fatal to the safety of the 
union. 

The duty imposed by the Constitution upon the General 
Government to provide for the common defence, was un- 
doubtedly a principal reason for its adoption. But in whai 
inaTiner has this duty been performed ? 

Although Ma«sacliusetts and other great navigating States 
have contributed immense sums for the support of the Gen- 
eral Government, yet, when they are plunged into the war by 
Str.tes whose contributions have often fallen short of the ex- 
pence of the collection, they are left to take care of them- 
sclv'es. 

What measures have been adopted for the protection of 
our immence property on the ocean? where are the troop*!^ 
raised and paid by the Ujsiied States? They have bpon 



248 ANSWER OF THE SENATE. 

most iinpvovideutly drawn from tlie seaboard, the most ex- 
posed part of our country, for the purpose of invading thq 
territory, and attacking the inhabitants of a neighboring and 
unoifending province, which was sincerely desirous of con- 
tinuing upon the most friendly terms with us : a province 
too, the conquest of which, if made, can be of no advantage, 
but may produce incalculable evils to our country. 

The refusal of the President to furnish this State with its 
proportion of arms, for wMcli the State has already paid, wfe 
hope is not a correct indication of the temper and disposition 
entertained, by theGreneral Government, in relation to the aid 
which they propose to aflord in this war, which has been so 
wantonly waged. Considering that the distribution was pe- 
remptorily required by law, to be mad^feccording to the effec- 
tive militia of each state, we know notTrom whence the Pre- 
sident derived his power to dispense with its obligations. 

The accumulated evils which have fallen upon the people 
in consequence of the departure from the principles and policy 
of Washington, have in a great measure silenced the rage 
and lessened the asperity of party animosity. 

Involved in one common distress, they look upon each 
other with astonishment and sympathy, and are anxious on- 
ly for the public safety. 

Depending upon the blessings of Heaven, our fathers 
braved and resisted oppression, and founded this free state 
upon the principles of civil and religious liberty. 

AVe trust that their sons have not degenerated — and that 
they will duly appreciate and defend their precious heritage. 

We cordially unite with your Excellency in the " hope 
that with a fixed attention to the duties imposed by our na- 
tional and state constitutions, and with a humble reliance oil 
the divine protection, the members of this government will, 
at this perplexing period, preserve consistency of conduct, 
and adhere, with undeviating constancy, to the principles of 
justice and truth. 



Jitney 1813. 



CHAP. I. 

Ilesolve granting Ilev. William Mien, S50. 
27th May, 1813. 

liesolcedy That there be allowed and paid out of the pub- 
lie Treasury, fifty dollars to the Rev. William Allen, of Pitts- 
field, who was the Preacher of the Election Sermon, for the 
present year ; and that his Excellency the Governor, be re- 
quested to issue his warrant on the Treasury accordingly. 



CHAP. II. 

Resolve establishing the JViimber of JVotaries Public in the 
town of Salem y County of Essex. 29th May, 4813. 

Whereas, it is represented to be inexpedient, that there 
should be four Notaries Public in the town of Salem, in the 
County of Essex. 

Therefore resolved, Tliat there shall be tliree persons an- 
nually elected, to that office, in the town of Salem, and no 
more, any law or resolve to the contrary notwi1bst;inding. 



2o0 PAY TO COUNCIL AND G. COURT— Jz^we 1, 1S15. 

CHziP. III. 

Mesolve establishing the Fay of the Council ami General 
Court. 1st June^ 1813. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, to each Member of the Council, 
Senate and House of Representatives, two dollars per day, 
for each day's attendance the present session, and the like 
sum of two dollars, for every ten miles travel, from tlieir re- 
spective places of abode, to the place of the sitting of the 
General Court. 

And be it f mother resolved, That there be paid to the Pre- 
sident of the Senate and Speaker of the House of Represen- 
tatives, two dollars per day, for each and every day's atten- 
dance, over and above their pay as members. 



CHAP. IV. 

Mesolve coniirming the Doings of the third Congregational 
Parish, in Portland. 1st June, 1813. 

On the petition of Thomas Forsaith and others, a Com- 
mittee in belialf of the third Congregational Parish, in the 
town of Portland, in the County of Cumberland, praying 
that the records and assessments of said parish may be con- 
firmed and rendered, valid in law. 

Resolved, For reasons set forth in said petition, that the 
records and assessments of the said third Parish shall be 
confirmed, and made valid in law, notwithstanding the omis- 
sion or neglect of the officers thereof, in not taking the official 
oatlis required by law, in like cases. 

Provided, That nothing in this resolution shall be con- 
strued to affect any suit at law, now pending. 



CHAP. V. 

Resolve autliovizing the Assessors of Dorchester, to assess a 
Tax to discharge a Judgment. 1st June, 181 3. 

On the petition of James Humphreys and others, Reprc- 



CON. DOINGS &c. TOWN PARIS— J//w I, 1813. 2jI 

senlaiives of the town of Dorchester, setting forth that the in- 
habitants of said town, at a legal meeting, on the iOtli day 
of May, instant, nnanimously voted to petition the General 
Court, for an act, authorizing the town to assess a tax npon 
said inhabitants, for the purpose of paying oft* and discharg- 
ing a judgment, recovered before the Supreme Judicial Coiirt 
m March last, by Benjamin Glover, against Samuel Clap 
and Ebenezer Wales, jr. and others, late town officers in 
said toY>n. 

Resolved, For reasons set forth in said petition, that the 
Assessors of the town of Dorchester, are hereby authorized 
and directed to assess upon the polls and estates, subject tb 
taxation in said town, the sum of eight hun(h'ed dollars, and 
a sam in addition thereto, sufficient to pay all costs of said 
suit and levying of execution ; wiiich sum of eight hundred 
tlollars and costs, are the amount of a jiidgmerit recovered by 
said Benjamin Glover against said Clap and others, town of- 
ficers as aforesaid, and to issue their warrants to collect the 
same, in due form of law, and to proceed therein, in all re- 
spects, as in the assessment and collection of other town 
taxes ; and the Treasurer of said town is hereby authorized 
to pay off the said judgment and execution from tliQ proceeds 
of said assessment, on a warrant to be drawn upon him ])y 
the Selectmen of said town. 



CHAP. VI. 

Resolve confirming the Records and Doings of the town of 
Paris. 1st June, 1>18. 

On the petition of the Inhabitants of the town of Paris, in 
the County of Oxford, representing, that from the incorpora- 
tion of said town, the certificates of the oatlis of their tovvii 
officers have not been recorded at length, as by lavv^ tliey 
ought to have been ; that the clerks, in some instances, hrtve 
neglected to paid their signature or attestation to tLs records : 
that some of the records have been entered in the tov/n 
books as copies, wlien in fact they were the original en- 
trii^s ; and that tiic clerks have (;mitted to recoid the im- 
pression of seals on the Selectmen's warrant for town meet- 
i'.igs, and praying that the doings and proceedings of said 



252 DIS'G J. FROST FR. AN EXECUTION— June 2, ISIS. 

town and its officers, in the premises, may be confirmed and 
rendered valid. 

Jiesolved, For reasons set forth in said petition, that tlie 
records of the said town of Paris, he deemed and taken to 
he as valid and cifectual, to all intents and purposes, as if 
the same had Iieen entered as the original record, and been 
properly certified and attested by the town clerk ; and that 
the proceedings of said town and the doings of its officers, he 
ratified and confirmed, and the same shall he deemed and 
taken to be as valid and effectual, in all respects, and in the 
same manner as they would have been, if the evidence of the 
qualification of such officers had been duly preserved or re- 
corded, and the impression of the seals on the Selectmen's 
warrants for town meetings, had been regularly entered on 
the records of said town. 



CHAP. VII. 

Mesolve discharging; John Frosty of Klliot, from the residue 
of an ]<2:cecution. 2d June, 1813. 

On the petition of John Frost, of Elliot, in the County of 
York, husbandman, setting forth, that a judgment has been 
rendered against liim, by default aiul througii the mistnke of 
the Clerk, at the last October term of the Supreme Judicial 
Court, holden at Alfred, for and v* ithin said County, on a scire 
facias, as the surety of one James Chick, and it appearing 
that the cost of said suit having been paid by said Frost. 

Therefore resolved, Tliat for the reasons set forth in said, 
petition, the said Frost be wholly released and discharged 
from the payment of the residue of said judgment and execu- 
tion. 



CHAP. VIII. 

Mesolve authorizing the Assessors of Portland, to assess a 
Tax for the support of a Watch. 3d June, 1813. 

On the petition of the town of Portland, praying for au- 
thority from the Cxeneral Court, to assess and levy tlie sum 
of two thousand dolhir .J. on the Trolls and estates in said 



PET. E. RIPLEY, DOINGS, evc. VAUD—Jmje'2, 1813. 233 

town, for the purpose of establishing and supporting a watdi 
in that place. 

Be it resolved. That the Assessors of the town of Port- 
landj in the County of Cum])erla!ui, he, and they are liere- 
by authorized to apportion and assess the sum of tv. o thousand 
dollars, on the polls and estates in said town, for the purpose 
of supporting a watch for the present year, and that the said 
tax shall be apportioned, assessed and collected in the same 
manner tliat tlie town, county and state taxes now are. 



CHAP. IX. 

Mesolve on the peiition ofK'zra lliplcj/. of Concord, malcing 

valid his Doings as K.vecufor of Abigail Dudley. 

2d Jane, 1813. 

On the petition of Ezrallipley, of Concord, in the County 
of Middlesex, clerk, executor of t]ie last will and testament 
of Abigail Dudley, late of said Concord, single woman, de- 
ceased, testate, stating, that he took upan jiimself that trust, 
by giving Ijond as ts:e law requires, on the twenty-fifth day of 
August, 1812; that saidEzra made known his said appointment 
and acceptance, ])y posting notiacations thereof in said Con- 
cord, and by publishing the same in a newspaper, within 
three months from the time of his said appointment, pursuant 
to the order of the Judge of Probate, for the counly aforesaid, 
but by accident, omitted to make and file in said Probate 
Court, his affidavit thereof, within seven niontSis from the 
time of his giviiig said bond, and accepting said trust, agree- 
ably to the provisions of lav* . 

Resolved, For the relief of said Ezra, ihtit he may, at any 
time within three months of tlie date of tiiis resolve, make 
and file an affidavit of liis doings, as executor of t]ie last will 
of said Abigail, in the Probate Office fcr the County of Mid- 
dlesex aforesaid, wliich affidavit shall be admitted in evi- 
dence in any court, and shall be valid in lav/, to all intents 
and purposes, as fully as if said affidavit had been made, 
filed and recorded in said Probate Ofllce, within seven 
months from the time said Ezra took upon liimself said 
tnint. anv law to i\i^ cnn':r.n'V notvritlistanding. 



i.>54 TREASURER TO OBTAIN A NOTE— Jww 3, 1815. 

CHAP. X. 

Mesolve directing the Trpatiirer to ohtain from the files of 
the Supreme Judicial Court, a certain J\rote given by the 
State of Georgia, and sell the same. 3d June, 1813. 

Whereas, there is a certain State Note of tlie State of 
Georgia, v/liicii Is the property of this Coramonwealth, now 
remaiiiiiig upon the files of the Siipienie Jutlici;^! Court, for 
the County of Suffolk, hearing date the 2:2d day of Marcli, 
A. I). 1785, and given for the sum of 500^^ sterling : 

Jijid whereas, Tlie interest of tlie Commonwealth requires, 
that the said Note should he disposed of, and the proceeds 
thereof placed in the Treasury of the Commonwealth. 

Resolved, That the Treasurer of the CommonAvealth he, 
and he is herehy authorized and directed to obtain from the 
iiies of the said Supreme Judicial Court, the aforesaid State 
Note of the State of Georgia, and when the same shall he 
delivered to him, the said Treasurer, that he sell and dis- 
pose of the said State Note, in such manner as shall be most 
for the interest of the Commonwealth, and place the proceeds 
tliereof in the Treasury. 

Hesolved, That when the proceeds of the said State Note 
shall he received by the said Treasurer, and placed in the 
Treasury as aforesaid, that the said Treasurer be, and he is 
liereby further authorized and directed to discharge, as far as 
may be, the amount of the net proceeds, by him received, 
upon the sale of said Note, a certain judgment in favor of the 
Commonwealth, against John Feck, rendered in the Su- 
preme Judicial Court, for the County of Suffolk, November 
term, 1806, for the sum of S525o 56, and costs, which judg- 
ment was founded upon a certain covenant of the said John 
Peck, wherein he guaranteed to the Government, the validi- 
ty of the aforesaid State Note. 



CHAP. XL 

liesolve appointing Benjamin Musssll, Jllsq. Printer for the 
State. 3d June, 1813. 

On the petition of Benjamin Kussell, of Boston, in the 



PAY TO TOWN OF BUCKSTOWX— Ji/;ze 3, 1S13. 2aa 

County oi* Suffolk, praying to be appointed and employed as 
Prititer to the G^eneral Court, the ensuing year. 

Resolved, T!iat the said Benjamin Rnsseil, for reasons set 
forth in Ids said petition, be, and he hereby is appointed the 
Printer of this Commonwealth, for one year u-om the fourth 
day of June, instant, to be fully completed and ended, and 
until another State Printer shall be appointed in his stead. 

Provided, He, the said Husseli, shall do and perform, or 
cause to be done and performed, tlie printing, in a faithful 
and workmanlike manner, on good and suitable paper, and 
w ith all reasonable despatch, and to the acceptance of the of- 
ficers for whom the work may ])e done. 

Be it further resolved, That the compensation which 
8h?dl and may be allowed and made to the said Benjamin 
Russell, for printing and materials furnished as aforesaid^ 
shall be such as t)ie Committee on Accounts may deem to 
be just and reasonable : they, the said Committee on Ac- 
counts, taking into consideration and coinparison, the pay 
and allowance heretofore made, for similar and like services 
rendered, and articles furnished, by tlie printers to the 
General Court, for several years la,st past. 

CHAP. XU. 

Jlesolve for Pnvino^ the town of Buclcstown. for Supjillef: 
furnished the Miliiia at Eastport. 3d June, 1613. 

Resolved, Tliat there be allowed and paid out of the Trea- 
sury of this Commoin\calth, to Jonathan Buck and Joseph 
Lee, Esquires, Agents for the town of Buckstavrn, the sum 
of ninety-six dollars, seventy-seven cents, for supplies fur- 
nished ])y said towu, to the militia detached and mr.rehed to 
Eastport, under the command of Captain JosIj ua Chamber- 
lain, by order of the Commander in Chief; and that his Ex- 
cellency the Governor, be requested to draw his warrant on 
the Treasury for the a,mount. 



CHAP. XIII. 

Uesolve granting a Tax to the Count if of DvJces' Count ij. 
3d June, 1813. ' 

Whereas, The Treasurer of the County of Dukes' Coun- 



g56 GiiANTING A TAX TO C. OXFORD. —June 3, 1813. 

ty, has laid his account hefore the Legislature, which account 
has been examined and allowed : 

■And whereas, The Clerk of the Court of Sessions, for said 
County, has exhibited an estimate, made by the said Court, 
of the sums necessary to discharge the debts of said County, 
and the charges which may arise within the said County, 
ihe year ensuing. 

Resolved, That the sum of three hundred dollars be, and 
the same is liereby granted, as a tax on the said County of 
Dukes' County, the present year ; to be apportioned, assess- 
ed, paid, collected and applied, for the purposes aforesaid, 
according to law. 



CHAP. XIV. 

Mesolve ^'ranting a Tax to the County of Oxford, for the 
building a Court House, ^c. 3d June, 1813. 

Whereas, The Treasurer of the County of Oxford, has 
laid his account before the Legislature, which account has 
been examined and allowed : 

tlnd ifhereas, The Clerk of tljc Court of Sessions, for said 
County, has exhibited an estimate, made by the said Court, of 
the sum necessary to be raised the current year, for the purpose 
of erecting a Court House and lire proof offices in said County. 

liesolved, That the sum of one thousand five hundred dol- 
lars be, and the same is hereby granted, as a tax on the said 
County of Oxford, the present year ; to be apportioned, as- 
sessed, paid, collected and applied, for the purposes afore- 
said, according to law. 



CHAP. XV. 

Resales allowing the town of Fittston, further time to com- 
plete a Bridge. 3d June, 1813. 

On the petition of the Selectmen of Pittston, in the Coun- 
ty of Kennebeek, in behalf of the inhabitants of said town, 
praying for longer time to erect and complete a Bridge across 
Warromontogus Stream, in said town, than is allowed by a 
resolve passed Fcbniary ?2^d, 181^. 



PET. S. LEIGHTON AND OTHERS— Jw;?e4, 181S. & 

Resolved^ For the reasons set forth in said petition, that 
there be, and hereby is allowed, to said inhabitants of 
Pittston, a further time of two years, from the first day of 
January next, to finish and complete the said bridge, any 
thing in the resolve passed the twenty-second day of Feb- 
ruary, in the year of our Lord one thousand eight hundred 
and twelve, to the contrary notwithstanding. 

Provided, However, that the said inhabitants, shall first 
give bonds to the Treasuer of said Commonw^ealth, in the 
manner pointed out in said resolve. 



CHAP. XYL 

Resolve on the Petition of Samuel Leigliton and others^ As- 
sessors of Eliot 4th June, 1813. 

On the petition of Samuel Leigliton and others. Assessors 
of the town of Eliot, for the ye^r eighteen hundred and 
twelve, praying, that their doings in committing certain lists 
of taxes to Elisha Goodwin, then one of the Constables of 
said town, for collection, may be made valid in law, and 
that the said Goodwin may be authorized to collect the same. 

Resolved, That for reasons set forth in their said petition, 
the prayer of the petitioners be granted, and that the said 
Elisha Goodwin be authorized to collect all such taxes as 
may have been committed to him by said Assessors, in the 
same way and manner as he legally might have done, and 
that all monies already collected, and all acts done by skid 
Elisha Goodwin, as collector as aforesaid, shall be as legal 
and valid, as if no other collector of said town had been 
chosen or appointed. 



CHAP. XVII. 

Resolve empowering the first Parish in Roxhury, to hold 
a meeting for the choice of Assessors. 4th June, 1813» 

On the petition of Jonathan Dorr, Benjamin Weld and 

Charles Davis, Committee of the first Parish in Roxbury. 

Resolved, That the inhabitants of said Parish be, and 

they hereby are authorized and empowered to held a meet- 
's)^ 



258 P. ADAMS, &c. APPLICA. FOR A JVRY—Jum 4, 181S. 

ing for the choice of Assessors, for the current year, a>iid that 
the said Jonathan Dorr, BcDJamin Weld and Charles Davis 
be, and they hereby are authorized and directed to issue 
tiieir warrant in form of law, for calling a meeting of the in- 
liabiiants of said Parish, for the purpose aforesaid, and that 
the Assessors who may be cliosen at said meeting, shall have 
a,ll the powers, and be lield to perform all the duties of As- 
sessors of ParisJies regularly chosen in the month of March 
or April, any law, usage or custom to the contrary notwith- 
standing. 



CH^VI*. XVIII. 

Jiesolm aufliorizing Paul Adams and others , to make apj)li^ 
cation for a Jiirij to estimate dama^s;es occasioned by a road 
hid out through their land. 4th June, 1813. 

On the petition of Paul xVdams and others, praying that they 
may be authorized to make application to the Courtof Sessions 
to estimate the damages sustained by tlie laying out of a road. 

Resolved, That Paul Adams, David Dole, jr. JohnLongfeU 
low, Moses Adams, John Knight, jr. Eunice Knight, Moses 
Half, John Plumer, and Friend Danforth, be, and they are 
hereby authorized to make application to tlic Court of Ses- 
sions, next to be holdeh at IpsAvich, in and for the County of 
Essex, for a Jury to estimate the damages they have sustain- 
ed, by the laying out of a road tlirough their land, in the town 
of Newbury, in said County of Essex, beginning near tlie 
northwest end of the Downfall road, and running westerly, 
being the same road whicli was granted by tlie said Court of 
Sessions, and by the said (.'ourt accepted at the October 
term, in the year 1811 ; and the said Court of Sessions are 
hereby authorized to sustain the said applicatit>n and grant 
the same in the same manner the said Court of Sessions 
should or might have done, had the application been made in 
due season. 

CHAP. XIX. 

Resolve authorizing Josejjh S. Cooke to sell Estate of John 
Cooke. 4th June, 1813. 

On the petition of Joseph S. Cooke, of Providence, in 
the County of Providence, and State ofRhode Island, Guar- 



GRANT TO W. DONNISON, ESQ.—June 5, 1S13. 259 

diaii of the person and estate of John Cooke, of said Provi- 
dence^i an ideot^ praying that said Joseph 8. Cooke may liave 
liberty to sell the estate of the said ideot. and that the pro- 
ceeds thereof, after the payment of the said John's just debts, 
itiay be invested in such manner as that the income of the 
same may be sufficient for the future support of him, the said 
John Cooke. 

liesolved, For reasons set forth in said petition, that the 
prayer thereof be granted, and the said Joseph S. Cooke 
be, and he is hereby authorized to sell the said estate, and to 
make antl execute a good and sufficient deed or deeds of the 
same. 

Provided, The said Joseph S. Cooke shall first give bond 
with sufficient sureties, living Avitliin this Commonwealth, to 
the Judge of Probate, for tlie County of Bristol, in tliis Com- 
mon weaUh, in sucli sum as the Judge aforesaid shall deem 
sufficient, conditioned for the faithful discharge of liis, the 
said Joseph's duty in the premises, and the said Judge of 
Probate is hereby authorized to receive said bond, when ex- 
ecuted in manner aforesaid, and cause the same to be filed 
in the Probate Office, in said County, for the benefit of the 
said John. 



CHAP. XX. 

Jlesolve granting William Doniusou. Esq. S2j0,/or servi- 
ces, ^c. as Adjutant General, to 4fA March last. 
5th June, 1813. 

Resolved, That there be allowed and paid out of tlie Trea- 
sury of this Commonwealth, to William Donnison, Esq. the 
sum of two hundred and fifty dollars, in full compensation 
for all his services as Adjutant General, and for offi.ce rent, 
clerk hire, fuel and incidental charges in said office. 

CHAP. XXI. 

Resolve allowing Captain Samuel G. Ladd, >S71 15, for ex- 
fences paid for jJurchasing land and building a Gun House 
in HallowelL 5th June, 1813. 

On tlie petition of Samuel Gr. Ladd, praying to be reim- 



260 JUSTICE S. J. C. HOLD TERM CASTINE— Jwwc 7, 1813. 

bursed for expences paid by liim for the use of the Com- 
monwealth. 

Resolved, For the reasons get forth in said petition, that 
there be allowed and paid out of the public Treasury of this 
Commonwealth, to Saranel G. Ladd, seventy- one dollars and 
fifteen cents, in full compensation for the expences paid by 
him for purchasing land and building a Gun-House thereon. 



CHAP. XXII. 

Resolve authorizing any one Justice of the Supreme Judicial 

Court to hold the next term of said Court at Castine. 

7th June, 1813. 

Ilesolved, That the Supreme Judicial Court next to be 
liolden at Castine, for the Counties of Hancock and Wash- 
ington, on the third Tuesday of this present June, may be 
held by any one J ustice of said Court, and such Justice 
shall be, and hereby is authorized to hear, try and deter- 
mine all such matters as may come before the said Court, 
and which by force of the act passed on the fifteenth day of 
M i«*ch, in the year one thousand eight hundred and five, 
entitled ^' an act making further provision in the Judicial 
department," may be heard, tried and determnied by the 
Supreme Judicial 'Court, whenholden pursuant to the third 
section of the aforesaid act, and such Justice shall be, and 
hereby is also authorized to hear, try and determine all ques- 
tions of divorce and alimony which may lawfully come be- 
fore the said Court, to be hoklen as aforesaid ; and all ac- 
tions, suits and processes, which may be pending in the said 
Court, and which may be there continued for the advisement 
of the Court upon any question of law, may be heard and 
determined at any term of said Court, to be holden in any 
other County, pursuant to the second section of the act afore- 
said, and judgment therein may be rendered as of the said 
term of said Court, to be holden at Castine by virtue of this 
resolve. 



OVS. MA.RSH. INDS. RECON. RIGHTS— J««c 8, 1813. 2Q} 

CHAP. XXIII. 

Resolve authorizing the Overseers of the Marshpee Indiana 
to reconvey to J^athan Bourne^ certain lli^hts, 8^c. 
^ 8tli June, 1813. 

On the petition of Ephraim Spooner and Joshua Tho- 
mas, Overseers of the plantation of Indians at Marshpee, in 
the County of Barnstahle. 

Resolved, That for reasons set forth in said petition, the 
said Rphraim Spooner and Joshua Thomas, Overseers as 
aforesaid, he, and they are herehy authorized to reconvey to 
Nathan Boux'ne, of Sandwich, in the County of Barnstable, 
by deed, all the rights, easements and privileges which the 
said Nathan conveyed by his deed, to the said Overseers of 
Marshpee, and for a consideration whicli has failed, as set 
forth in their petition ; and that the said deed, when execu- 
ted, shall be legal and valid ; and the said Overseers are 
hereby authorized, if they think proper, to enter into a rule 
of reference '.ouehing the premises as aforesaid, for the final 
adjustment of the claims of the said Nathan, and the proceed- 
ings under said submission shall be binding on the parties, 
and have full legal effect. 



CHAP. XXIV. 

Resolve authorizing Charles Barber to sell Real Estate of 
Minors, Children of Samuel Smith. Bih June, 1813. 

On the petition of Charles Barber, Guardian to the Chil- 
dren of Samuel Smith, late of Gray, now of Portland, in the 
County of Cumberland, viz. to Samuel Smith, jr. Eliza 
Smith, William Smith, Polly Smith, Bavid Smith, Edward 
Smith and John Smith, minors, praying for leave to sell cer- 
tain real estate in Portland, conveyed by George Wheel- 
right to John Stone, intrust for Susanna Smith, wife of said 
Samuel Smith, and said Cliildren. 

Resolved, For reasons set forth in said petition, that the 
said Charles Barber, Guardian as aforesaid, be, and herebj 
is authorized and empowered, to sell and convey, by deed, 
in fee simple, the said real estate as described and bounded 
in the aforesaid deed of George Wheelwright to John Stone, 



262 SALARIES LIEUT. GOV. &c. ESTAB.--J«/;e 8, 1813. 

which deed is dated the twenty second day of August, in 
the year of our Lord one thousand eight Imndred and eleven, 
to any person or persons who may offer the most therefor, at 
public auction or private sale, on such terms and conditions 
as he may think most consistent with the interest of said Su- 
sanna and said Children, and the money arising therefrom 
to vest in neat stock and real estate in the town of Grray, a- 
foresaid, or in good secureties, as may best promote the in- 
terest of said Susanna and Children. 

Provided, That the said Charles Barber first give bond., 
with sufficient sureties, to the Judge of Probate of the County 
of Cumberland, to account for the proceeds of the sale there- 
of: Conditioned, that he will well and truly observe all the 
rules and regulations, relative to the sale aforesaid, in the 
same way and manner as is provided by the laws of this 
Commonwealth, in cases where Guardians shall have been 
empowered by the Supreme Judicial Court or Circuit Ctmrt 
of Common Pleas, to make sale of the real estate of their 
wards for the payment of debts or for their support. 

Be it fwrtJiev resolved, That the said Charles Barber be. 
and hereby is authorized and empowered to deliver up to 
the widow of the said John Stone, deceased, a certain bond, 
dated the twenty second day of August, A. D. one thousand 
eight hundred and eleven, given by the said John Stone to 
the said Susanna and Children, for the sum of one thousand 
dollars, conditioned for the faithful discharge of his duty as 
trustee of said real estate ; and also to cancel a certain 
mortgage of certain rsal estate in said Gray, dated on the a- 
foresaid twenty second day of August, given by the said John 
Stone to the said Susanna and Children, conditioned for the 
faithful discharge of his trust aforesaid. 



CHAP. XXV. 

Resolve esiablishing the Salaries ofihe Lieutenant Govern- 
or, Secretary and Treasurer. 8th June, 1813. 

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



GRANT TO TOWN OF CASTiNE— June 8, 1813. 263 

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

And likewise to John T. Apthorp, Esq. Treasurer and 
Receiver General of the said Commonwealth, the sum of 
two thousand dollars, as and for his salary for one year from 
the sixth day of June current, and that all the aforesaid sa- 
laries be paid quarterly as they shall become due. 



CHAP. XXVI. 

Resolve granting S53 33, to the town ofCastine. 
8th June, 1813. 

On the petition of David Howe, in behalf of the inhabi 
tants ofCastine. 

Whereas, A resolve passed on the 5th day of February, 
1803, directing the Treasurer of this Commrnwealth to de- 
duct from the state tax for the town of Castine, four cents on 
a thousand dollars, for the valuation of the year 1803, du- 
ring the term of said valuation, and it appears by the Trea- 
surer's books, that the resolve has not been complied with. 

Therefore resolved. That the Treasurer of this Common- 
wealth be directed to pay the town of Castine, or any per- 
son authorized by them to receive the same, the sum of fifty 
three dollars and thirty two cents, being the amount due 
said town of Castine. 



CHAP. XXVIT. 

lie solve directing the Solicitor General relative to the real 
estates of Treasurer Skinner's Bondsmen, and granting 
^ too for paying the expense of eight informations against 
Civil Officers in Hamjjden. 8th June, 1813. 

On tlie Communication of Daniel Davis, Esq. Solicitor 
rxcneral, relative to certaiu public prosecutions. 

licsoJved. That the Solicitor Greneral be. a'ad. he lierebv 



^64 COMPENSATING A. HALL, &c.—Jtme 8, 1813. 

is authorized to give such credit to any purchaser or purcha- 
sers of any real estate or estates of the sureties of the late 
Treasurer Skinner, \v]iich may be taken in execution for the 
satisfaction of any judgment or judgments in favour of the 
Commonwealth, and take such security for the payment of 
the purchase money, as he, or any agent, duly appointed by 
him for that purpose, shall deem expedient. 

Resolvedf That the household furniture aud such of the 
farming utensils and cattle of the said sureties, and such of 
their horses and carriages, as iii the opinion of the Solicitor 
Greneral maybe necessary for the reasonable accommodation 
and comfort of their respective families, shall be exempt 
from being taken in execution upon any or either of tlie said 
judgments aforespad. 

Resolvedi That the sum of one hundred dollars, be allow- 
ed and paid out of the Treasury of this Commonv>'ealth, to 
the Solicitor General, for the purpose of defraying the ex- 
pen ces of eight informations, in the nature of a Q^uo wairanto, 
against certain civil officers of the County of Hampden, spe- 
cified in his communication to this Legislature, dated 27th 
May last. 



CHAP. XXVIII. 

Tlesolve comj^ensating Ahiel Hall for talcing depositioti^, and 
Andveio Roberts, as a witness in the case of Thonias JCee- 
ler, Esq. 8th June, 18 13. 

liesoJved, That there be granted and paid out of the Trea- 
sury of this Commonwealtii, twenty-iive dollars to Abiel 
Hall, Esq. for his services in taking and certifying deposi- 
tions in the case of Thomas Keeler, Esq. of Alfred, in the 
County of York, for ma'l practice in his office as a Justice of 
the Peace, on the complaint of James Bean and Edmund 
Pitts, against the said Thomas Reeler, Esq. in the year 
1809, and also twenty two dollars to Andrew Roberts, as a 
witness in said cause for his travel and attendance, in full for 
their services ; and his Excellency the Governor, with ad- 
vice of Council, is requested to issue his warrant on the 
Treasury, for the payment of the sums aforesaid, to the said 
Abiel Hall. Esq. and Andrew Roberts. 



ESTABLISHING PAY TO CLERKS— June 8, 1813. 2C5 

CHAP XXIX. 

Resolve estahlishhig the Pay of the Clerics in Secretary* $ 
and Treasurer's OJices. 8tli Juiie^ 1813. 

Mesolvedy That tliere be allowed and paid out of tlie 
Treasury of this Commonwealth, to the first Clerk iu the 
Secretary's Office, the sum of fourteen hmulred dollars, in 
full compensation for his services, for one year from the first 
day of this present month of June : and also to each of the 
other Clerks in said Secretary's Office, the sum of three dol- 
lars and forty-nine cents per day, for each and every day 
they are respectively employed therein, for one year com- 
mencing the said first day of June instant. 

•find be it further resolved, That there be allowed and 
paid out of the Treasury aforesaid, to the first Clerk in the 
Treasury Office, the sura of fourteen hundred dollars in full 
compensation for his services for one year from tlie first day 
of this current montli of June ; and likewise to each of the 
other Clerks in said Treasurer's Office, three dollars and 
eighty four cents per day for each and every day tliey are 
respectively employed therein for one year, commencing the 
said first day of June current. 



CHAP. XXX. 

Resolve on the Petition of Jonathan Burgess, a Soldier in 

the latv revolutionary army, granting him ,S215 84. 

9th June, 1813. 

On the petition of Jonathan Burgess, praying compensa- 
tion for services as a soldier in the fourth Massachusetts 
Regiment, during tlie revolutionary war. 

Mesolvedy For reasons set forth in said petition, that there 
be granted and paid out of the Treasury of the Common- 
wealth, to said Jonathan Burgess, the sum ot two hundred 
and fifteen dollars and eighty four cents, in full for his ser- 
vices aforesaid ; and his Excellency the Governor, with ad- 
vice of Council, is hereby authorized and requested to draw 
his warrant on the Treasury accordin2:ly. 



26 



^ f 

265 PET. R. BARRETT AND OTHERS— Jmwc 9, iSlS. 

CHAP. XXXI. 

Resolve on the Petition ofRuthy Barrett and others, authori- 
czing Timothy L. Jennison to execute a Deed to Catharine 
Smith. 9th June^ 1813. 

On the petition ofRuthy Barrett and others, heirs at law to 
the estate of Thomas Barrett, late of Cambridge, in the 
County of Middlesex. 

Mesolved, For reasons set forth in said petition, that Ti- 
mothy L. Jennison, of Cambridge, Executor of the last will 
and testament of said Barrett, be, and he is hereby authorized 
and empowered to make, execute and release to Catharine 
Smith, of said Cambridge, widow, a deed of conveyance of 
all the right and title, which the said Barrett had in and to 
the estate of Mary Richardson, late of Cambridge, widow, 
deceased, being one iifth part of the said widow's dower, and 
til at the said Jennison, in his capacity as Executor of the 
last will and testament of said Barrett, be held to account 
for the proceeds of the same, in the same manner as though 
it were personal estate. 



CHAP. XXXII. 

Mesolve on the Petition of Wiggins Hill, authorizing the 
Administrator on Estate of Josiah HillSj to convey to him- 
alotofLand. 9th June, 181 3v 

On the petition and representation of Wiggins Hill, of a 
place called Kenduskeag, in the County of Hancock, yeo- 
man, praying that the Administrator on the estate of Josiah 
Hills, may be authorized to convey to him a certain lot of 
land, the same having been set off, on execution, on a judg- 
ment in favor of said Josiah Hills, which judgment was ob- 
tained in a suit against Eleazer Spaulding, jr. John Spaul- 
ding and Seth Spaulding, in favor of said Josiah Hills, by 
mistake, instead of said Wiggins Hill. 

Resolved, For reasons set forth in said petition, that the 
Administrator on the said Josiah Hills' estate be, and he is 
hereby authorized to convey, by deed, to said Wiggins Hill, 
all the right, title and interest which the said Josiah Hille 
Had, by virtue of the levy of &aid execution, in and unto a 



PET. OF DANIEL LVNT— June iO, 1813. 267 

certain piece or parcel of land, situated in township num- 
bered five, in the seventh range of tov/nships, north of the 
Waldo Patent, beginning at the north-east corner of lot num. 
ber two, in the first range of lots in said township ; thence 
north, seventy rods to a stake ; thence east, sixty four rods 
to a birch tree ; thence south, seventy rods to a hemlock, 
standing in the town line ; thence west, sixty four rods to 
the first bounds ; which said deed shall, to all purposes, have 
the same force and effect as though the judgment aforesaid 
had been obtained and execution levied in the name of the 
said Wiggins Hill. 



CHAP. XXXIII. 

Hesolve on the Petition of Daniel Liint, 
10th June, 1813. 

On the petition of Daniel Lunt, 

Resolved, That the Commonwealth's Agent upon the sub- 
ject of Eastern Lands, be, and he hereby is authorized and 
empowered to sell and convey to the said Daniel Lunt, all 
the right, title and interest which the Commonwealth has of, 
in or to two small Islands, lying in Androscoggin River, op-, 
posite to and nearly adjoining the land which said Lunt pur- 
chased of the Committee for the Sale of Eastern Lands, by 
deed, dated the twenty ninth day of January, in the year of 
our Lord one thousand seven hundred and ninety, upon such 
terms and conditions, as said Agent may deem just and rea- 
sonable, under all tlie circumstances of the case. 

Provided, The same still remain the property of this 
Commonwealth. 



CHAP. XXXIV. 

Resolve on the Petition of William Sullivan, E^q. 
10th June, 1813. 

On the petition of William Sullivan, of Boston, Esquire^ 
praying that a resolve may be passed, to empower Daniel 
Sargent, of said Boston, Esquire, to convey certain lands 
'"'*'^h the late John Turner Sargent, of Boston, Esquire, 



m PET. OF W. SULLIVAN, 'ES^-Jmie 10, 1813. 

held in irusU and whereof he died seized : For reasons set 
forili in said petition, 

Resolred, That Daniel SriTgent, of Boston, in the County 
of Suffolk, Esquire, be, and he is hereby authorized and 
empowered to execute, acknowledge and deliver, in due 
form of law, unto William Sullivan, of Boston, aforesaid^ 
Esquire, and to his heirs and assigns in trust, a deed of con- 
yey.ince, of all tlie right, title, interest and estate which John 
Turner Sargent, late of said Boston, Esquire, deceased, had 
in and to certain land, and the privileges and appurtenan- 
ces thereof, situate in Boston, aforesaid, and bounded and 
described as follows, viz. : — Begiuning at the corner of 
Beach-street and Ilainsford's lane, bounding on Beach -street, 
eighty five feet ; on Rainsford's lane, one hundred and four- 
teen feet ; on the rear or northerly line, one hundred and one 
feet ; westerly seventy four feet ; then running eastwardly 
and bounded southwardly twenty feet ; then running south- 
erly and bounded westerly forty four feet to Beacli-street, be 
the said lines or boundaries more or less, with the wharf, 
flats, and the privileges and appurtenances laying before tlie 
Distill-house, on said estate, at the southerly side of Beach 
street, as it formerly was, aitout seventy feet, beginning on 
Kainsford's lane (the new street called Front-street, being 
laid out over part of said wharf) and extending southwardly 
from the soutlvwardly boundary of Beach-street, aforesaid, 
as far as the fiats or the rights appertaining to said estate, 
extend. Reference being had to the deeds of conveyance 
heretofore executed. See Book 123, folio i^S ; Book 114, 
folio 26 i ; Book 210, folio 60, where deeds are recorded, 
touching the prevnises. 

And be it farther resolved, That the said Daniel Sargent 
be, aiifi he hereby is authorized and empowered to convey 
to Jonathan Earle, of Leicester, in the County of ^^'^orces- 
ter, in like manner, all the right, title, interest and estate 
which the said John Turner Sargent had in and to tlie land 
and appurtenances described as follows, viz : — Beginning 
on the great post road, leading through the town of Leices- 
ter, at a point on the south westwardly side of (he said road, 
where the land, herein described, adjoins to land now or 
late of Mr. Hearsey ; and from said point, running south 
four degi-ees east, one hundred and forty rods to the Mow- 
er Farm, so called ; then running east two and one half de- 
grees north, fifty rods by the Mower Farm 5 thence j'unninjg 



PET. W. ATKINSON & PARTNERS— J«?;e 10, 1813. 26;9 

north four degrees v/est, se,veiity one reds ; thence runniRg 
north forty f.ve degrees east, tAventy four rods and ten linke 
to the aforesaid post road ; and thence ruiining northwest- 
wardly, by the post road, tot]?e place ofbegiraring : this land 
being fifty two acres, and part of the Nathan Hcarsey Farm, 
BO called ; — And that the deeds, by said Daniel Sargent 
lawfully executed in virtue hereof, sliall be good and valid, 
to pass and convey all the estate and title, which the said 
JohnT. Sargent had, at the time of his decease, in said 
lands, as thongh such deed or deeds had been executed by 
the said John Turner Sargent in his life time. 



CHAP. XXXY. 

Resolve on the Petition of William Atkinson and Partner.?. 
10th Jnne, 1813. 

On the petition of William Atkinson, in behalf of himself 
and Partners, praying an allowance of a certain sum of mo- 
ney paid l}y tliem to the Treasury of this Commonweaitli. 

lie solved, That for reasons set forth in tiie jietition, there 
be allowed and paid out of the Treasury of this Common- 
wealth, to the said William Atkinson, for himself and Part- 
ners, the sum of forty four dollars and seven cents; and hig 
Excellency the Governor, Avith the consent of i]ie Council, is 
hereby rc{|uested to draw his Avarrant on the Treasurer for 
the same. 



CRxVP. XXXVI. 

Mesolve on the Petition of William Ti'owbridge.maJang valid 
an Jffidavit. lOtli June, 1813. ' 

On the petition of William Trowbridge, of Nca'» ion, in the 
County of Middlesex, gentleman, Eixecutor on the estate of 
Edmund TrcAvbridge, late of ISFcAvton, in said County, geit- 
tleman, deceased, intestate, praying that his afiklaA'it of hi^; 
having given notice of his appointment as Executor of said 
Avill, and liaving taken npon himself that trust, made in tlio 
Probate Coui't, in said County, on the eleventh day of Mp.y. 
•ne thousraid »'5ri'^ I'vjM'vpfl -,j;j(] thirteen, v.iid recorded in the 



^m PET. J. RICHARDS AND OTRERS-^June 10, 1813. 

Probate Office, in said County, together with a true copy of 
one of the notifications of said appointment, in the Registry 
of Probate in said County, m^-y be made valid in law, al- 
though not made within seven months after the day of said 
appointment, as the law requires. 

Resolved, That the prayer of the petition b» granted, and 
the said affidavit, and copy of one of said original notiftea- 
iions, recorded as above mentioned, shall be valid, and have 
the same force and effect in law, as if the same had been 
done within seven months after the day of said appointment, 
any law, usage or custom to the contrary notwithstanding. 



CHAP, xxxvn. 

Resolve on the Petition of John Richards and others. 
10th June, 1813. 

On the petition of John llichards, for himself and others, 
praying, that the time for performing the settling duties up- 
on certain lands in the District of Maine, may be extended. 

Resolved, For the reasons set forth in said petition, that 
the Agents for the Sale of Eastern Lands be, and they are 
hereby authorized to renew the bonds given to the Common- 
wealth by John Hichards and others, beai'ing date June i st, 
in the year of our Lord 1807? conditioned for performing the 
settling duties on the lands formerly sold by the Common- 
wealth to William Bingham, and (after deducting from the 
penalties of said bonds, the sum of thirty dollars for each set- 
tler which has been placed on said lands, conformably to the 
condition of tlie existing bonds) to take bonds for the bal- 
ance of tiie penalties due after such deduction, with condi- 
tion for performing the residue of said settling duties in four 
years. 

And resolved further, That if the devisees in trust of the 
estate of the said William Bingham, or the said Richards, 
or any person acting under them, or in their behalf, shall ad- 
vance or expend any sum or sums of money in laying out 
and making a public road through the tract known by the 
name of the Kennebeck Million, to meet or continue a road 
already surveyed and authorized to be laid out from the 
north line of said tract, to tlie British Province of Canada, 
the said Agents shall, from time to time, allow and endorse 



REDUCTION OF POLL TAX— June 10, 1813. 271 

upon the bond, to he.- executed by said Richards, all such 
sums as shall be truly expended by the said devisees, or 
said Richards, or any person claiming under them, on pro- 
ducing satisfactory evidence thereof ; and the said Agents 
are hereby authorized to contract with said Richards, or the 
said devisees, for the laying out, making and completing 
said road, throughout said tract or any part tliereof. 

Provided, The same shall be paid for, by discounting the 
expence thereof, from the penalty of the bond to be given as 
aforesaid, by said Richards, and not otherwise. 



CHAP. XXXVIII. 

JResolve to reduce the Poll Tax. 10th June, 1813. 

Resolved, That the valuation established by a resolve, 
passed on the thirtieth day of January, in the year of our 
Lord one thousand eight hundred and twelve, be so far a- 
mended, as that the rateable polls shall be estimated at one ^ioac^i 
-miie each, on the sum of one thousand dollars, in all taxes 
hereafter to be assessed on the several towns, districts and 
plantations in this Commonwealth ; and that said valuation 
be made to conform to the estimation of the polls as afore^ 
said. 



CHAP. XXXIX. 

Jiesolve on the Petition of Cyrus Hamlin, directing the 
Treasurer to stay execution a_:^ahist the Bondsmen of Da- 
vid Learned, late Sheriff of Oxford County. 
10th June, 1813. 

On the petition of Cyrus Hamlin, praying for stay of exe- 
cution against the bondsmen of David Learned, 

Resolved, For reasons set forth in said petition, that the 
Treasurer of this Commonwealth, be, and he is hereby di- 
rected to stay execution against the bondsmen of David 
Learned, late the Sheriff of the County of Oxford, for the 
sum of three hundred and twenty-four dollars, and interest 
thereon, for the term of one full year, from the last day of 
the present session of this General Court, that said bondsmen 



L>72 COM. APP. SETTLE TllEAS. ACTS.— J««ell,181S". 

may be enabled to discharge the aforesaid sum without fitr- 
ther cost. '■ 



CHAP. XL. 

Resolve ajjjjoiuting Commissioners to settle Treasurer's Ac- 
counts. 11th June, 1813. 

liesolced, That the Hon. John Welles, Benjamin Weld, 
George Blanchard, Joseph Beamls and Ezekiel Savage, Es- 
quires, be, and they are hereby appointed Commissioners 
to examine, liquidate* adjust and settle the accounts of John 
T. Apthorp. Esq. Treasurer and lleceiver General of this 
Commonwealth, from the eiglith day of June, 1813, the time 
of his entering on the duties of his oSice, to the thirtieth day 
of June instant, inclusively, and the said Commissioners are 
directed and empowerd to deface all notes and due bills, or- 
ders, or other obligations issued under the authority of this 
Commonwealth, by any oScer thereof, which have been re- 
deemed by the Treasurer, or his predecessors, and to re^Tfrt 
their proceedings at the next session of the General Court. 



CHAP. XLT. 

Resolve on the Petition of Josejjh J). Bass, for the heirs of 

the late Edward Tijler, Esq. and others. 

11th June, 1813. 

On the petition of Joseph J). Bass, for the heirs of the lato 
Edward Tyler an ] others. 

Resolved, For reasons set forth in said petition, that a 
further time of two years, from the first instant, be, and here- 
by is allowed to the heirs and assigns of the late Edward 
Tyler and others, owners of township letter D. in the Coun- 
ty of Oxford, to complete the settlement of forty families on 
said tovv^uship, and if they, or their heirs or assigns, shall 
settle within said time, the said number of families on said 
township, that then the estate and right of said Edward Ty- 
ler and others, their heirs and assigns, shall be valid, full 
and effectual to all intents and purposes, as if the conditions 
f»f settlement expressed in the original deed given of said 



GilANT TO CHARLES HAMMOND~-/^^^?e 11, 1813. ^3 

township, by the Committee appointed by the General Court, 
to sell and convey the unappropriated land in the District 
of Maine, had been fully and seasonably complied with. 

Procided, Nevertheless, the said Tyler and others, their 
heirs and assigns, shall, on or before the first day of Decem- 
ber next, give bonds to the Commonwealth, with suificient 
surety or sureties, to the satisfaction of the Agent for the 
Sale of Eastern lands : Conditioned, that the number of fa- 
milies required in said original deed, to be settled on said 
township, shall, within said term of two years, be settled 
thereon, or for the payment of thirty dollars for each family 
which shall then be deficient. 



CHAP. XLII. 

Resolve granting Charles Hammond^M26 50, expencesin 
laying out a Road through J\*o. 4. lltli June, 1813. 

On the petition of Charles Hammond, praying for com- 
pensation for services rendered in laying out a road, pursu- 
ant to a resolve passed March Sd, A. D. 810. 

Resolved, On the petition aforesaid, for the reasons therein 
set forth, that the said Charles Hammond be, and hereby is 
allowed to receive from the Treasury of said Commonwealth, 
the sum of one hundred and twenty-six dollars and fifty cents, 
in full for his services, as set forth in said petition ; and his 
Excellency the Governor, is hereby authorized to draw his 
warrant on the Treasury of said Commonwealth for said sum. 



CHAP. XLIII. 

Resolve on the Peiltion of the town of Pownal. 
11th June, 1813. 

On the petition of the town of Pownal, praying, for rea- 
sons set forth in their petition, tliat they may be authorized 
and empowered to lay out their State tax, for tlie year ei:i;h- 
teen hundred and twelve and thirteen, on their (3ounty roads 
in said Pownal. 

Resolved, That the sum of one hundred dollars (being a 
*nm but a little more than said town's propordon of the Stat43 
S7 



'^14 DISTlUBU'ilNG A PAMPHLET— /wwe 11, 1813. 

taic, for one year) be remitted to said town of Pownal, upon 
condition^ that said sum of one hundred dollars, be laid out 
and expended upon the County roads^ leading through said 

to WIT. 

Be it further resolved, That the Selectmen of said town 
of Pownal, shall, at the next session of the Greneral Court, 
certify under oath, that the said sum of one hundred dollars, 
has been laid out and expended on the County roads, lead- 
ing through said town ; and also that the monies which have 
been levi-ed and assessed in said town, for the repairs of 
highways, have been worked out upon the roads and bridges 
in said town. 



CHAP. XLiy. 

iiesolve for distributing a Pamphlet, among the Militia, en- 
titled '*' The Elements of War.''' 11th June, 1813. 

Wliereas, From the nature of our republican govern- 
ment, the Militia of this Commonwealth are the constitutional 
defence thereof, and it is indispensably necessary for the per- 
fect organization and discipline of the Militia, that some com- 
prehensive and uniform system of tactics in modern use, 
should 'be adopted througiiout this Commonwealth, as the 
basis of their discipline. 

^ind whereas, A treatise of this nature, now presents it- 
self, entitled "The Elements of War," which has met the 
current approba,tion of the most able and experienced mili- 
tary officers in our country : Therefore, for the more perfect 
organization and discipline of the Militia, and for the en- 
couragement of both officers an tl soldiers. 

UesohuPd, That the Adjutant Greneral be, and he hereby - 
is directed, to procure and distribute, as soon as may be, to 
each Genera], Field and Commissioned Staff Officer, and to 
each Ccrap:r:)y in tlie Militia of this Commonwealth, one copy 
of the treatise aforesaid, for the use of such officers and Com- 
])anies, and to be handed down to their successors in office, 
for the use aforesaid. 

Provided, The same can be purchased for one dollar and 
fifty cents each, printed on good paper, V\'ell bound with lea- 
ther, and lettered on the back, Elements of War, and on one 
side, Massachusetts Militia, 



N. IiNGERSOLL, &c. SET. TOWNSHIP— Jz/we 11, 1813 275 
CHAP. XLV. 

Resolve s;ranthig further time to J\^athaiiiel TngersoU and 
John Hodgdon, to settle a Township, lltli June, 1813. 

On the petition of Nathaniel IngersoU, praying fiirtlter 
time for the settlement of fumilies, on a half township of 
landj granted to Westford Academy. 

Resolved^ For reasons set forth in said petition^ that a fur- 
ther time of three years, from this time, lie, and hereby is al- 
lowed to Nathaniel IngersoU, of New Grloacester, in the 
County of Cumberland, and John llodgdon, of Ware, in the 
County of liillsborongh, in the State of N c w-Hampshire, their 
heirs and assigns, to complete the settlement of ten families 
on the half township of land granted the Trustees of West- 
ford Academy. 

Provided, The said Nathaniel Ingersoll or John Hodg- 
don, their heirs or assigns, shall, on or before the first day 
of October next, give bond to the Treasurer of this Common- 
wealth, in the sura of six hundred dollars, with sufficient 
surety or sureties, to the satisfaction of the Agents for the 
Sale of Eastern lands : Conditioned, that there shall be set- 
tled on said grant, the number of ten families, within the 
time extended aforesaid, or for the payment of thirty dollai*s 
for each family which shall then he deficient ; on payment of 
which sum, iiicu tlie estate, right and title of the said Na- 
thaniel Ingersoll and John Hodgdon, their heirs and assigns, 
shall be valid, full and effectual, to all intents and purposes, 
as if the condition of settlement, expr^^ssed in the original 
deed given of said half township, by t])e Agents for the Sale 
of Eastern lands, had been fully and seasonably complied 
with. 

A7id he it further resolved. That the Treasurer of the 
Commonwealth of Massachusetts, is liereby directed upon 
reeei\dng the bond as above specified, to give up or civncel two 
])onds, one signed by Nathaniel Ingersoil, Peter Cliandler, 
p\ and Thomas Johnson, dated the 22d day of September^ 
1809 : the other signed by John Hodgdon, Asa Butterfield 
and Ebenezer Bankcroft, jr. dated the 29th clay of August; 
1800. which bonds are now lodged iu the Treasury Oftlce. 



276 PRINT. CHARTERS, C. AND P. LAWS-Jwwe 12, 1813. 

CHAP. XLVl. 

Me solve for printing the Charters, Colony and Province 
Laics, lith June, 1813. 

The Committee appointed to consider what number of co- 
pies of the charters and public and general laws of the late 
colony and province of Massachusetts Bay, ought to be print- 
ed at the expense of and for the use of this Commonwealth^ 
have attended that service, antl ask leave to 

Meport, That it is expedient to have one thousand copies 
of the same, for the use of this Commonwealth. f<>r which 
purpose they recommended the passage of the following re- 
solve. 

Resolved, That Nathan Dane, William Prescott and Jo- 
seph Story, Esquires, be authorized to cause one thousand 
copies of the cliarters and the public and general laws, of the 
late colony and province of Massachusetts Bay to be printed, 
for the use of this Commonwealth, in the same manner, as is 
provided by a resolve, passed fifteenth of January, 1813, in- 
stead of fivehundred copies, as by said resolve is directed, 

And he it further resolved. That the said copies shall be 
distributed, by the Secretary, in the manner provided by a 
resolve for distributing the laws, passed 3';st January, 1807? 
except so far as the same requires a distribution of the laws 
to the Members of the General Court. 



CHAP. XLYII. 

Resolve directing the Solicitor General to consent to the 
continuance of any Indictments against the Proprietors of 
Canal Bridge, pending in Middlesex. 12th June, 1813. 

Resolved, That the Solicitor Grencral of this Common- 
wealtli, be authorized and directed to consent to a continu- 
ance of any indictments, pendingintheConnty of Middlesex, 
against the Proprietors of the Canal Bridge, from the next 
October term of the Supreme Judicial Court, to the next 
April term of said Court, if the said Corporation shall re- 
quest it. 



1)XS. SECY BRADFORD MONS. REC—June 12, 1813. 271 

CHAP. XLYIIT. 

Resolve discharging Secretary Bradford from jg7350 80^ 
and granting balance of his account. 12th June, 1813. 

The Committee appointed to examine the accounts of Al- 
den Bradford, Esq. Secretary of this Commonwealth, rela- 
tive to all monies heretofore by him received, in virtue of 
certain warrants, drawn by his Excellency tlie Governor, in 
favor of said Bradford, by him to be expended on account of 
the Commonwealth, have attended that service, and ask leave 
to 

Rejwrtf That the said Bradford received the sr.m of seven 
thousand three hundred and forty-four dollars, eighty cents, 
in the manner aforesaid, from the twenty-second June, 1812, 
to twenty-iifth May last inclusive, and that he has expen- 
ded, on account of the Commonwealth, for the same purpo- 
ses, for which the said warrants were drawn, the sum of se- 
ven thousand tliree hundred and fifty dollars, eighty cents, 
and that the following resolve be passed by the Legislature. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, the sum of six dollars to Aldeu 
Bradford, Esq. Secretary of this Commonwealth, and that 
the said Alden Bradford be discharged from all monies here- 
tofore by him received, in virtue of t]ie warrants aforesaid. 



CHAP. XLIX. 

Resolve authorixhg Oliver Wendell, JEsg. to sell Estate of 
the heirs of Jacob Wendell. 12th June, 1813. 

On the petition of Oliver Wendell, Esq. sole surviving 
executor of the last will and testament of the Hon. Jacob 
"W^cndell, Esq. late of Boston, in the County of Suffolk, de- 
ceased. 

Resolved, For reasons set forth in said petition, that said 
Oliver Wendel', Esq. be, and he is hereby authorized and 
empowered to sell and convey, and for that purpose to make, 
execute and deliver deeds, to convey ail the riglst, title, in- 
terest, claim and demands of the heirs of said Jacob Wen- 
dell, to four thousand four hundred and twenty four acres of 
land, which were assigned by the Proprietcrs of the Ken- 



S78 DIS'G DEBTS DUE FR. S PRISON— J«/«e 12, 18IS. 

iiebeek piircliase from the late colony of New Plyinouthj to 
said heirs of said Jacob Wendell ; and also all the right, ti- 
tle, interest, claim and demand of the heirs of said Jacob 
Wendell, to the undivided lands and property of said Pro- 
prietors of the Kennebeck purchase from the late colony of 
New Plymouth ; and that said Oliver Wendell shall ac- 
count for and pay to said heirs, their several proportions of 
the proceeds arising from such sales, in the same manner as 
if the same had been personal estate. 



CHAP. L. 

Resolve making appropriations for discharging all debts due 

from the State Prison and for its current expences. 

13th June, 1813. 

Hesolvedj That there be allowed and paid out of the pub- 
lie Treasury, to the Warden of the State Prison, the sum of 
two thousand and ninety dollars and seventy four cents, to 
pay the balance of the debts due from the said institution, 
which were contracted by Daniel Jackson, Esq. formerly 
Superintendant thereof ; and the said Warden is hereby di- 
rected to discharge said debts as soon as may be, and pro- 
duce vouchers for the same to the Directors, and that there 
be allowed and paid out of the public Treasury, the further 
sum of six thousand dollars, to be drawn from the Treasury 
by said Warden, in such sums as the Directors shall, from 
time to time, direct for the use of said institution : and his 
JExcellency the Governor, with advice of Council, is hereby 
requested to draw his warrants on the Treasurer for said sums 
accordincjlv. 



CHAP. LI. 

llesolve on the Petition of Robert Thompson and others. 
12th' June, 1813. 

On the petition of Robert Thompson and others, compo- 
*iing one of the Companies of detached Militia of this Com- 
monwealth, under command of Captain Joshua Chamber- 
lain, ordered into service by his Excellency the Governor, 



TREASURER TO PAY S. DOWNS— June 12, 1S13. STd 

for the defence of the eastern frontier, on the lith day of 
August, A. D. 181S, praying for additional compensation. 
Resolved, For reasons set for tljj n said petition, that there 
be granted and paid out of tli# 'llreasury of said Common- 
wealth, unto said Captain Joshua Chamberlain, to and for 
the use of the privates, non-commissioned officers and mu- 
sicians of said company respectively, the sums following, 
viz. : to each private, the sum of three dollars and thirty 
three cents per month ; to each scrjeant, the sum of four ddl- 
lars per month ; to each corporal and musician, the sum of 
three dollars and sixty seven cents per month, daring the 
time of five months, in which they were in said service, a- 
greeably to the roll hereto annexe^? w hich will be a gratui- 
ty in addition to the pay allowed by the United States, al- 
ready by them respectively received. 

CHAP. LII. 

Resolve authorizing the Treasurer to jiaij to Shuhael Boicnes, 
certain sums of , Money for the use of the persons therein 
named. 13th June, 1813. 

Resolved, That the Treasurer of the Commonwealth be, 
and he is hereby authorized to pay to Shubael Downes, the 
several sums allowed to Elijah G. Wetherly, Noah Whit- 
tier, Abiel Townsend, Thomas Belitlier, Robert Townsend, 
Noah Allen, Nathaniel Lane, Thomas Thornhill, Joel 
Knight, Thomas Hodgman, James Boyd, Johnson Williams, 
Andrew Dunning, Annaniah Bohannon, Timothy Barker 
and Liba G. Spring, for their services in the local militia 
in the town of Calais, according as they are made up in the 
payroll, by the Adjutant General, during the months of Ju- 
ly and August last, on the said Slmbael Downes giving suf- 
ficient bonds to the said Treasurer, to pay over to the several 
persons above named, the amount severally due to them. 

CHAP. Lni. 

Resolve for paying the Charhstown Mamhers of the Gene- 
ral Court, whose election was declared void. 
IMh June, 1813. 

Resolved. That David Goodwin, Thomas Harris. Wil- 



280 PET. OF JOSEPH TRfeAT— Jwwe 14, 1813. 

liam Austin and John Soley, Esquires, who were returned as 
Members of this House from the town of Charlestown, but 
whose election has beeiwleclared void by said House, be 
allowed to exhibit to the^iiAittee on Accounts, an account 
of their attendance, as Members of this House, to the time 
when their said election was declared void as aforesaid ; 
and that said Committee b<3 directed to allow to each of said 
persons, two dollars a day for each day he may have at- 
tended as a Member of this House, during the present ses- 
sion of this General Court. 



CHAP. LIV. 

Resolve on the Petition of Uobert Treat. 14th Jane, 1813. 

On the petition of Robert Treat, in behalf of Joseph Treat, 
prayins; for a further time to make payment of the interest on 
his bond to this Commonv/ealth. 

Jlesolved. Tliat the said Joseph Treat be, and he hereby 
is allowed one year from the nineteenth day of the present 
month of June, to pay one half of the whole interest that 
may then be due on his bond to this Commonwealth, dated 
the nineteenth day of June, one thousand eight hundred and 
six, and tlie further time of two years from the said nine- 
teenth day of the present month of June, to pay the remain- 
ing half of said interest ; and the Treasurer of this Com- 
monwealth is hereby directed to stay any further proceed- 
ings thereon, until the expiration of the period or periods of 
time above named. 



CHAP. LY. 

Ilesolve granting Jacob Kiilin, Messenger, S350. 
15th June, 1813. 

Ussolved, That there be allowe 1 and paid out of the pub- 
lic Treasury* to Jacob Kulm, three hundred and fifty dol- 
lars for the present year, commencing the thirtieth day of 
May last, to be in addition to the sum of four hundred dol- 
lars allowed him by a resolve of March 3{5th, 1793, esta- 
blishing the pay of the Messenger of the Greneral Court. 



NON-HESIDENT lands— Jwwfi 15, 1813. 281 

CHAP. LVL 

Resolve relating to JVon-resident Lands. 
15th June, 1813. 

Resolved, That so much of a resolve of the Jjegislaturfc,, 
passed on the twenty second day of June, qne thousand 
seven hundred and eighty seven, as, requires <^ advertisements 
for the sale of non-resident lands for the payment of taxes, 
to be published m the papers printed at Springfield and 
Northampton, when the lands to be sold lie in either of the 
Counties of Hampsiiire or Berkshire,'' be and the same is 
hereby repealed. 



CHAP. Lvn. 

Resolve granting to Samuel Broicn, SllO 80, for his servi- 

eee in the fourth Regiment of the revolutionary army. 

15th June, 1813. 

On the petition of Samuel Brown, praying for compensa- 
tion for services as a soldier in the fourth Massachusetts re- 
giment, during the revolutionary war. 

Resolved, For reasons set forth in said petition, that there 
be granted and paid out of the Tresaury of this Common- 
wealth, to said Samuel Brown, the sum of one hundred ten 
dollars and eighty cents, in full for his services aforesaid. 



CHAP. LVin. 

Resolve granting Captain Joshua Chamberlain, SS^, for 
Expences. 15tli June, 1813. 

On the petition of Joshua Chamberlain, praying that he 
may be remunerated for certain expences incurred by him, 
when on duty, as an officer of the detached militia ordered 
to the eastern frontier by the Commander in Chief, and 
^vhich have not before been allowed. 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Commou- 
vVealth, to the said Joshua Chamberlain, the mm of twenty 
9S 



28S GRANT TO E. CHVRCHILL—June 15, 1SI3. 

eiglit dollars, in full for tlie doctor's bill, ])oai'd and atten- 
dance of H;niry Hnow, one of the said detached militia, and 
for the expences of said detached militia, at the t\ idow Ma- 
ry Burnham's. 



CHAP. LIX. 

Resolve grantmg JEli%ahetli Churchill^ S174 36, due her hus- 
band^ Joshua Totnum, as Qjmrter Master second Massa- 
chusetts Regiment. 15th June, 1813. 

On the petition of Elizabeth Churchill, widow of Joshua 
Totman, late a Q^narter Master in the second Massachusetts 
reSjiment, commanded by Col. John Bailey, in the late revo- 
lutionary war. 

Resolved, That one hundred and seventy four dollars and 
thirty six cents, be 2;ranted and paid out of the public Trea- 
sury, to the said Elizabeth Churchill, in full compensation 
for tlie services of lier lat^ husband, Joshua Totman, as Quar- 
ter Master in the said second regiment, being a balance due 
to the said Totman, on a settlement of the army accounts. 



CHAP. LX. 

Resolve atlthorizins; Isaac and William Clark, to execute a 

Deed to JS'ttthaii Batchelder, ofJIallowelL 

1 jth June, 1813. 

Whereas, Nathan Batchelder, of Hallowell, in the Coun- 
ty of Kennebeck, by his petition, has prayed that authority 
aiay be given to Isaac Clark, of Monmouth, and William 
Clark, of Hallowell, Administrators on the estate of IsaaQ 
Clark, jr. late of said ^.lonmouQi, deceased, to make and de- 
liver a deed of a certain lot of land to him, situated in said 
Hallowell, and bounded thus : — Beginning on the street 
which runs westerly by the bank lot, at the distance of 
twelve rods from Second-street, and on a street now laid out, 
but not yet accepted by the town ; thence running westerly 
on said ftrst mentioned street ten I'ods ; thence southerly four 
rods to a stake ; thence easterly ten rods to a stake on said 
street, laid out as aforesaid ; thence northerly by said last 



Pay to SYLVANUS LAPHAM— Jw«el5, 1S13. 2S3 

mentioned street four rods to the point of beginning ; and it 
appears that said Isaac Chmk^ jr. in his life time, agreed, by 
his contract, not under seal, to convey said piece of land to 
said Batchelder, but the conveyance was prevented by the 
sudden deatli of said Isaax*. Clark, jr. ; therefore, for the 
reasons set f(n'th in said pclition. 

Resolved, That the said Isaac and William, as Adminis- 
trators on said estate, be, and they hereby are authorized 
and empowered to make, execute and deliver to said Batch- 
elder, a good and sufficient deed of the said lot of land, ajul 
such deed duly acknov.lcdged and recorded, shall give as 
good a title to said lot of land, as if a deed of the same had 
been duly executed by said Isaac Clark, jr. in his life time, 
and by him delivered to said Eatchelder. 



CHAP. LXI. 

ilesohe aUoimng Pay to Sijlvaniis Lajiham, Assistant to the 
Messenger of the General Court. 1 jth June, 1813. 

Mesolved, That there be allowed and paid out of the Trea- 
ijury of this Commonwealth, unto ^Ivaiuis Lapham, Assis- 
tant to the Messenger of the Genenil Court, one dollar per 
day, during the present session of the Legislature, over and 
above the usual allowance to him, which is two dollars per 
ilav. 



CHAP. LXIl. 

Hesolve allowing Pay to John Perry and Warren Chase, As- 
sistants to the Messengers qf the General Court. 
15th June, 1813. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, to John Perry and Warren 
Chase, Assistants to the Messenger of the General Court, 
one dollar per day each, during the present session of the 
said Court, over and a]>ove the usual allowance to theio, 
which said usual allowance is two dollars per day. 



^84 PET. CAPT. J. CHAMBERLAIN, Ae^^-June 13, 181S. 
CHAP. LXIII. 

Resolve on Petition of Captain Joshua Chamberlain and 
others. 15tli June, 1813. 

The Committee to whom wasf referred th» petition of 
Joshua Chamherlain and others, have attended that duty and 

Report, That the said Chamberlain and others, were de- 
tached and stationed at Eastport, in September last, by order 
of the Commander in Chief; that they were shortly after- 
wards taken into the service of the United States, and wer» 
discharged and paid by the United States, until the first day 
of January last, at Eastport, a distance of one hundred and 
sixty miles from their homes, without any appropriation for 
their expenees of travelling and transportation of baggage. 

Therefore resolved, That there be allowed and paid out 
of the Treasury of this Commonwealth, to Captain Joshua 
Chamberlain, the sum of S58 89 ; — to Lieutenant Peter 
Newcomb, the sum of !S4,'> 3 ; — ^to Ensign Samuel Free- 
man, the sum of IS43 70, for fourteen days pay, rations and 
transportation of baggage. Also to Captain Joshua Cham- 
berlain, the sum of S78 3, for apprehending and securing 
four deserters, and reward as ordered by Major Ulmer. 

CHAP. LXTV. 

Resolve iiermitting the towns of Boston, Iforche&^er and 

Brooktine, to keep their Powder in the State Magaxine. 

15th June, 1813. 

Resolved, That the towns of Boston, Dorchester and 
Brookline, be, and they are hereby, severally authorized and 
permitted to keep the powder required of them, by the 22d 
section of the act, entitled " an act for regulating, governing 
and training the militia of this Commonwealth" in the State 
Powder Magazine, situated in Roxbury^ in the County of 
Norfolk. 



CHAP. LXV. 

Resolve on the Petition of Seth Spring and others. 
16th June, 1813. 

On the petition of Seth Spring; Andrew M. Spring and 



GRANT TO TFIOMAS WXhCVTT—Jme 16, 1813. §85 

John Spring, representing that there is a surplus of land 
belonging to the Common wealth, in a tract of land, grantetl 
to Benjamin Prescott^ Esq. by a resolve of the 25th of June, 
1773; and also a surplus of land belonging to the Com- 
monwealth, in a township of land, granted by the General 
Court, to Samuel Whittemore and others, on the 8lh day of 
February, A. D. 1774, and confirmed to them, by a resolve 
passed the 16th day of June, 1780. 

And whereaSf It appears that the said Seth, Andrew and 
John, have purchased of the Agents for the Sale of Efastern 
lands, all the right of the Commonwealth in and unto the 
surplus of lands^ in both the above mentioned tracts and 
grants of land, for a valuable consideration expressed in 
their contracts with the said Agents : — And it appearing to 
be necessary, that the aid of the Legislature should be af- 
forded to the said petitioners, to enable them to take and 
hold possession of the said surplus lands, and also to aseer-; 
tain the quantity and to fix the location thereof. 

JResoli'ed, That the Treasurer of this Commonwealth, be, 
and he is liereby directed to suspend any action or suit, 
brought or to be brought, against the petitioners for tlieir 
notes, given for the use of the Commonwealth, for the pur- 
chase of said surplus lands, until the further order of the 
Legislature. 



CHAP. LXVI. 

Resolve granting Thomas Walcittt^ S135. 
IS June, 1813. 

Uesolvedf That there be allowed and paid out of the pub- 
lic Treasury, to Thomas Waleutt, a Clerk in the lobies, for 
the assistance of the Members of the Legislature, one hun- 
dred and tw enty-five dollars, in full for his services during 
the present session of the General Court. 

CHAP. LXVII. 

Hesolve for paying the Clerics of the two Houses, 
16th June, 1813, 

Me solved^ That there ba paid out of the public Treasury^ 



gS(J PAY J. KUHN PURCHASE ¥UEL~~Jime 16, 1813. 

to Samuel F. McCleary, Clerk of the Senate, and Benjamin 
Pollard, Clerk of the House of Representatives, two hun- 
dred dollars each; and also to Robert C. Vose, assistant 
Clerk of the Senate, one hundred and twenty-five dollars, in 
full for their services in said offices the present session of 
the General Court. 



CHAP. LXVIII. 

Mesolve allounng ISIOOO, to Jacob Kuhn, Messenger, to pur- 
chase Fuel, ^c. 16th June, 1813. 

Mesolved, That there be paid out of the Treasury of this 
Commonwealth, to Jacob 'Kuhn, Messenger of the General 
Court, the sum of one thousand dollars, to enable him to 
purchase fuel, and such other articles, as may be necessary 
for the use of the General Court, together w ith the Governor 
and Council Chamber, the Secretary's and Treasurer's OflR- 
ces, lie to be accountable for the expenditure of the same. 

CHAP. LXIX. 

M&solve granting Pay to the Committee on Accounts. 
letii June, 1813. 

He^'iolvedf That there be allowed and paid out of the pub> 
lie Treasury, to the Committee appointed to examine and 
pass on accounts, presented against the Commonwealth, for 
their attendance on that service, during tlie present session, 
the sums hereunder annexed to their names, in addition to 
their pay as Members of the Legislature : — 

Hon. Silas Holman, sixteen days, sixteen dollars. 

Hon. Joseph Whiton, sixteen days, sixteen dollars. 

Thomas Hale, sixteen days, sixteen dollars. 

James Robinson, sixteen days, sixteen dollars. 

George Crosby, sixteen days, sixteen dollars. 



CHAP. LXX. 

Mesolve granting io Theron Metcalf, Esq. Reporter of Con- 
tested Elections, M25. 16th June, 1813. 

Resolved, That there be allowed and paid out of the piib- 



GRANT COMP. PUB. A. WRITING— J^;7c 16, mi3. W 

lie Treasury, to Theron Metcalf, Esq. Reporter of Contest- 
ed Elections, for this House, the sum of one hundred and 
twenty-ilve dollars, for his services, during the present session 
©f the General Court. 



CHAP. LXXI. 

I 
Mesolve g^'anting ^i^Q, for complethig the publication of 
Jenkins^ Art of Writing. I6th June, 1813. 

Resolved, That one hundred and ninety dollars be placed 
in the hands of the Committee, in the case of" John Jenkins, 
for aiding him in finishing the publication of his books, the 
said sum being in addition to what was gi-antcd by a re- 
solve of twenty sixth of February, one thousand eight hun- 
dred and twelve ; and his Excellency the Governor, is re~ 
quested to draw a warrant on the Treasury for that sum, in 
favor of said Committee, to enable them to complete said 
work. 

Be it further resolved. That said Committee be requested, 
©n the completion of said work, to place in the Secretary's 
Office, the number of copies this Commonwealth may be en- 
titled to receive, for the future order of the Legislature. 



CHAP. LXXII. 

Resolve granting Robert Milton, $50, for expences incur- 
red by a wound received when on military duty, 
16th June, 1813. 

On the petition of Hobert Milton, praying for compensa- 
tion for a wound received, while doing duty, as a soldier, in 
Cap'ain Neliemiah Holbrookes company. Colonel Jacob Gill's 
regiment, at a regimental mustei*, in Braintree, on the eighth 
day of June, one thousand seven hundred and eighty nine. 

Resolved, For reasons set forth in said petition, that there 
be allo^ved and paid out of the Treasury of this Common- 
wealth, to the said Robert Milton, the sum of fifty dollars, 
in full compensation for tlie loss of time and money expen- 
ded in consequence of said wound. 



Abi. Ahb Q. M. GENS. DIREoi^ED— Jw«e 16, 1813. 
CHAP. LXXIIl. 

Mesolve directiTi^^ the Adjutant General to prepare a ^ysterri' 
of discipline for the Jlrtillery, and the Qiiarter Master 
Gemeral to contract for Gunners^ Quadrants. 
I6tli June, 1813. 

Whereas, A resolve passed on the twelfth day of March, 
in the year of our Lord eighteen hundred and eight, authori- 
zing and requesting tlie Governor to direct, that twelve 
Gunner's Quadrants be purchased of Charles Hammond, 
the inventor ; and also empowering the Governor to appoint 
the inventor as an Instructor in the Art of Gunnery and use 
of said Quadrants. 

And u'liereas, The provisions of said resolve have never 
been carried into effect. 

Therefore resolved, That the Quarter Master General be, 
and he hereby is empowered to contract with Charles Ham- 
mond, Esq. for the right to make and use the said Gunner's 
Quadrants within this Commonwealth, at such price as, and 
on such conditions, as he may, with the advice of the Ad- 
jutant General, tliinkforthe interest of this Commonwealth. 

Resolved, That his Excellency the Governor, be, and he 
is hereby authorized and requested, to cause to be ma.ieand 
distributed among the artillery companies, batteries and for- 
tifications, within this Commonwealth, so many of said Qua- 
drants as he may deem necessary and useful. 

And whereas, There is at present, no established rule of 
discipline for the artillery of this Commonwealth, 

Resolved, That the Adjutant General be requested to pre- 
pare a system of discipline for the artillery of this CommoM 
wealth, and report the same to the Legislature at the next 
session of the General Court. 

CHAP. LXXIV. 

Mesolve granting SI 09 75, to the town of Lynn, for sup- 
porting Molly Bubhitt. I6th June, 181^. 

On the petition of Zachariah Atwell and Nathan Mudge, 
Overseers of the poor of the town of Lynn, praying that said 
town may be remunei*ated for supporting Molly Babbitf, a 
pierson non Qompos mentis. 



GRANT TO S. H. TOWER— Jm«c 16, ISlS. 28D 

Mesolved, For reasons set fortli in said petition, that there 
be allowed and paid out of the Treasury of this Common- 
wealth, unto the said town of Lynn, the sum of one hun- 
dred and nine dollars and seventy five cents, in full for sup- 
porting Molly Babbitt, from the thirtieth day of October, in 
the year of our Lord one thousand eight hundred and eleven, 
nntil the ninth day of February, one thousand eight hun- 
dred and thirteen. 



CHAP. LXXV. 

Mesolve granting the Page of the House, M 25 per day, for 
his attendance and services. 1 6th June, 1813. 

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



CHAP. LXXVI. 

Resolve granting to John Loia, jr. Assistant to the Messen- 
ger of the General Court, S35. 16th June, 1813. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, to John Low, jr. Assistant Mes- 
senger of the House of Representatives, thirty five dollars, 
in full for his services in that capacity, during the present 
session of the General Court. 



CHAP. LXXVII. 

Resolve granting to Ward Lock, Assistant to the Messenger 
of the Governor and Council, S50. 16th June, 1813. 

Resolved, That there be allowed and paid out of the pub- 
lic 'I'reasury of this Commonwealth, to Ward Lock, the sum 
of fifty dollars, in full for his services, as A.9&istant to the 

to 



gDO SETTLE ACTS. OF AGTS. E. LXNDS— June IG, ISiS. 

Messenger of the Governor ami Council^ the present session 
of the General Court. 



CHAP. LXXVIII. 

Mesolve on the Accounts of the Agents for ths Sale ofMastern 

Lands, and making grants for their services. 

16th June, 1813. 

The Committee of both Houses, that were appointed to 
examine the accounts of the Agents for the Sale of Eastern 
Lands in the District oi' Maine, have examined their account 
of proceedings, from the fourteenth day of February, eigh- 
teen hundred and twelve, to the first day of .lane, eighteen 
hundred and thirteen, wherein tiiey acknowledge to have re- 
ceived in securities and money, the sum of eight thousand, 
eight hundred and ten dollars and eighty five cents ; and 
they have paid the Treasurer in securities, together with pay- 
ments made for clerk hire and other charges, including the 
amount due the Agents for services, the sum of ten thousand 
and thirty one dollars and fifty nine cents ; and there ap- 
pears to be a biilanee due to said Agents, of one thousand 
two hundred and twenty d<dlars and seventy four cents, all 
of which appears to be right cast and well vouched. 

THOMAS STEVENS, Chairman. 

Tlierefore resolved, Tliat the Agents be, and they are 
herel)y discharged from the sum of eight tliousand eight 
hundred and ten dollars and eighty five cents ; and the Gov- 
ernor is re(piested to draw his warrant in favor of the heirs 
of John lleedj Esq. for the sum of "five hundred and fifty 
dollars, in full for his services as Agent for Eastern Lands, 
to the time of his death ; and in favor of William Smith, 
Esq. in full for his services, as Agent aforesaid, to the four- 
teenth day of May last past, the snm of six hundred and 
seventy dollars and seventy four cents, and in full discliargc 
of the balance of said account. 

Be it further resolved, That William Smith, Agent for 
the Sale of Eastern Land, be, and he hereby is authorized 
to contract for opening the road from Kennebeck to Ghaudierc 
rivers, agreeable to the new surveyed route directed to be ex- 
plored by a resolve passed the ^9tli February, 1813, and to 



PET. JOHN COFFIN JONES—June 16, 1813. 291 

carry said resolve fully into effect, any thing in said resolve to 
the contrary notwithstanding. 

Be it further resolved^ That all further proceedings re- 
specting the opening the road, from the river Kenneheck to 
river Chaudiere, and the road from Penobscot river to the ri- 
ver St. Johns, be suspended, until the next session of th* 
General Court. 



CHAP. LXXIX. 

Resolve on the Petition of John Coffin Jones, authorizing the 
Judge of Probate, for Sujf oik, to allow further time to the 
Commissioners on Estate of Joseph Russell. 
16th June, 1813. 

On the petition of John C. Jones, of Boston, in the Coun- 
ty of Suffolk, Esquire, stating, that he is a creditor to the e- 
state of Joseph Russell, late of said Boston, Esquire, decea- 
sed, wliich has been duly represented insolvent, and (hat more 
than eighteen mouths has expired since the date of the com- 
mission of insolvency, but from the various and complicated 
accounts between him and the estate of said d';ceased, and al- 
so of the late firm of JeftVy and Russell, it has ])ecome neces-t 
sary, that further time be allow ed the Commissioners, to re- 
ceive and examine his claim, and also, any further claims 
that may be exhibited against said estate, 

Tlierefore resolved. That for reasons set forth in said pe- 
tition, the Judge of Probate, for the County of Suffolk, be, 
and he is hereby authorized and empoM erd to grant cut a 
new commission on said estate, or to allow such further time 
to the former Commissioners, on said estate, not exceeding 
twelve months, as he shall judge expedient, to receive, ex- 
amine and allow% all such claims, as shall be duly exhibited 
and proved against the estate of said deceased, under the 
«taid Commission, 



CHAP. LXXX. 

Resolve directing the Treasurer, to recover "possession of 
Lands mortgaged to the State, by Leonard Jarvis, Msq. 
16th June, 1813. 

Whereas, It appears that certain lands in the towing of 



Sm DEFENCE OF THE SEA-COAST— Jz/^te 16, 1813. 

Penobscot, Surry and Ellsworth, have been mortgaged to the 
Commonwealth, and by Leonard Jarvis, Esq. for a sum of 
money due from him to the Commonwealth, and that the debt 
for which said lands were mortgaged, is yet unpaid, and that 
the lands mortgaged as aforesaid, for the security of said 
debt, have never been sued out or taken possession of. 

Therefore resolved, That the Treasurer of the Common- 
wealth be, and he is hereby authorized and directed forth- 
with, to take all necessary measures, to recover possession of 
the lands aforesaid, for the use of the Commonwealth, either 
by entering into and upon the same, for condition broken, or 
if need be, to put in suit the mortgage deeds of the said lands, 
and the same to prosecute to final judgment and execution. 

Resolved, Tliat the 'said Treasurer be, and he is hereby 
further directed to suspend any suit against the said Leonard 
Jarvis, upon any note or other personal security ,by him given 
to the C( mmonwealth, for any debt for the collateral se- 
curity of whichthe aforesaid lands were mortgaged, until the, 
further order of the General Court. 



CHAP. LXXXI 

Mejport relative to the defenceless state of our Sea-Coast, and 

Mesolve providing for the Defence of the same, 

16th June, 1813. 

The Committee appointed to consider so much of his Ex- 
cellency's speech as relates to the defenceless state of our sea 
coast, request permission to report. 

That they have given the subject all the consideration, 
which the importance of its nature and the alarm and anxie- 
ty of the public required. It can hardly be necessary for 
your Committee to state, that one of the primary objects of the 
federal compact, was, to jjrovide for the common defence. 
In the preamble to the constitution, it is expressly assigned, 
as one of the great purposes, for which the union was formed. 

Accordingly tlie respective states surrendered to the gene 
ral government, all the powers, which were deemed necessa- 
ry for the accomplishment of this object ; the right to de- 
clare war and make peace ; the riglit to raise and support ar- 
mies ; the right to provide and maintain a navy ; and the right 
to l^y and collect taxes, duties, and imposts, as the cxi^eai- 



DEFENCE OF THE HE A-CO AST —June .6, 18X3. 29^ 

cies of the public miglit require. At the same time^ the states, 
relying upon tiie general government for protection, formal- 
ly divested themselves of the substantial powers of preparing, 
in time of peace, for their individual deiiince, in time of war. 

But your Committee are compelled to say, that, in their 
apprehension, this provision of the constitution has not been 
complied with iji relation to this Commonwealth. Massa- 
chusetts, possessing a sea coast of nearly six hundred miles, 
Myiih about one-third of the tonage of the union lying at her 
wharves, and a frontier of four hundred miles, bordering 
upon the hostile provinces of New-Eranswiek and Lower 
Canada, is exposed at every point and open to the depreda- 
tions and ravages of the enemy, as revenge, rapacity, or ca- 
price, may dictate. It might have been expected, not mere- 
ly as the result of an express provision of tlie constitution. 
but q,s the dictate of a wise and liberal policy, that the old 
commercial states, who achieved the revolution, and who 
have contributed more than tlieir fall sliares towards the sup- 
port of the general government, would not be abandoned for 
the conquest of a territory not worth possessing as a gift. 
Nevei'theless your Committee find, that as dangers iiave ac- 
cumulated, the gani-ons upon your sea board liave been re- 
duced, and the Commonwealth is given oa er to her fate, when 
alone a provision for the common defence becomes of any 
practical importance. 

Your Committee can discern nothliiir, either in the char- 
acter of the war* or circumstances of the country, to justify 
this conduct. If the union was not for the coi^mon defence, it 
may well be inquired, of what value is it to the people? If 
tl^at defeace may lie withheld in time of war, the only time of 
danger, especially when aggression is provoked, it may well 
1)0 asked, liov/ far a wise and provident state ought to rely 
on such a resource for her security ? 

Most governments, both in ancient and modern times, 
have availed themselves of the intervals of peace, to prepare 
for war, as th.e best way either to avi»id or prosecute it with 
success. But the government of the United States seems to 
have reversed this decision of all former times, and have sub- 
verted in peace, to re-establish in war, the only sure means 
of defence to a commercial nation. Still it was optional with 
the administration, either to pospone the Avar to the prepara- 
tion, or the preparation to the war. To select the latter and 
bring a Avar up.fjji, this people, Avhom they Avere bound to pro- 



294 DEKii:KCE OF THE SEA-COAST— J«;?e 16, 1813. 

tect, without first farnisbing that pvotection, is, in the judg- 
ment of your Committee^ but oue remove from a declaration 
of war by the government itself against the people of this 
Commonwealth, It is the same in effect ; it is not distin- 
guishable in principle. 

A rich and maritime state, without adequate protection, 
exists only by sufferance. As she is a lure to rapacity, so 
she will become a victim to power, wlienever, according to 
the calculations of interest, it may be expedient to bind her 
for the sacrifice- Hence it becomes a subject of deep and in- 
teresting consideration to the people of this Commonwealth, 
how they are to provide for present defence and future secu- 
rity. 

The most common and approved means of national de-, 
fence are, 

1st. — By regular and permanent fortifications, garrisoned 
by regular and well disciplined troops. 

3dly. — By an adequate number of vessels of war ; and 

3dly. — By temporary fortifications and batteries, with the 
aid to be derived from the militia. 

IS either the first nor second method can be carried into ef- 
fect in season for the emergencies of the present war. They 
are obviously beyond the reacli and means of this state. 
But, in the opinion of your Committee, it is doubtful whether 
we have the right to fit out vessels of war by the authority 
and under the commission of this Commonwealth. If the 
conduct of the government of the United States be correct^ 
5n sending from the coast the public ships of war, and neglect- 
ing to provide and substitute smaller vessels in their place, 
it oui^ht at least to be doubtful whether it would be expedient. 
But if we have the right, your Committee would inquire, 
whether it be a right which ought to be exercised in the 
present unjust and destructive war ? whether it is not a duty 
of high import and binding obligation, not to become part- 
ners of its guilt by voluntarily embarking in its prosecution ? 
and v/hether a naval force, fitted out by this Commonwealth, 
and stationed off our ports and harbours, would not neces- 
sarily come in contact with our adversary, and, by frequent 
collision, create mutual asperity, and ultimately involve ns, 
as voluntary and active partizans, in the war ? — Your Com- 
mittee are of opinion, that such a measure, considering the 
limited force wiiich the Commonwealth is able to furnish, 
instead of diminishing would augment, if possible, the ex- 



DEFENCE OF THE SEA-COAST— J«/2e 16, 1S13, §95 

isting evils ; and instead of accomplishing would defeat tlie 
object in view — the protection of the coasting trade. 

The only remaining method of defence, v/hich seems to be 
expedient, is by erecting temporary forliiications, and es. 
tablishiiig batteries at such important places, as are most ex-^ 
posed to the casualties of war. 

Should the President of the United States still refuse to 
furnish this Commonwealth with the arms to which, by law^ 
we are entitled, it will be necessary for the Commonwealth 
to furish itself. According to the last return, there is a de- 
ficiency of 5,688, w hich we ought to be able to supply from 
the public arsenal. 

Your Committee beg leave also to state, that although the 
militia of this Commonwealth is generally well disciplined, 
yet it is in vain to expect from it that subordination and 
skill, which constitute the strength and elficienc^ of a regu- 
lar army. In the present state of our country, your Commit- 
tee deem it necessary, that a portion of the miliiia sliould 
be organized into distinct corps, for the purpose of theoretic 
and practical instruction in the military art. 

For the accomplishment of the foregoing purposes, your 
Committee recommend the adoption of the following resolu- 
tions : — 

Resolved, That the Governor, with advice of Council, be, 
and he is hereby authorized to erect such fortifications and 
establish such batteries, as may be deemed necessary for the 
defence and protection of such towns, within this Common- 
wealth, as are most exposed to the invasion of an enemy and 
the causualties of war, and to purchase, mount and furnish, 
for the use of such town or towns, a competent number of pie- 
ces of ordnance, with other suitable muintions of war. And 
to establish upon the head lands, capes and other convenient 
places, a line of signals, by which to give timely notice to 
vessels navigating along the coast, of an enemy's approach. 

And in case the President of the United States should re- 
fuse or neglect to transmit to this Commonwealth the pro- 
portion of arms, to which the same is entitled, by a law of 
Congress, passed April S3d, 1808, then and in that case, 
the Grovernor is hereby authorized and empowered to pur- 
chase such number of fire arms, for the use of the Common - 
wea,lth, as from the returns of the militia thereof shall ap- 
pear to be necessary. 

And in order to carry into effect the purposes aforesaid, 



^J)G I)EFEi\CE OF TflE SEA-COAST— Jw«e 16, ISIS. 

the Goverriov is hereby authorized to employ one or more 
discreet and faithful persons^ who shall he skilled in the 
science of engineering and gunnery, and who shall he en- 
titled to a reasonable compensation for their services. 

And the Governor is hereby further authorized, to pro- 
vide a sufficient guard for all arsenals, parks of artillery and 
military stores, the property of this Commowealth, as the 
same may, from time to time, become necessary. 

And the Treasurer of this Commonwealth is hereby au- 
thorized and empowered, to borrow of any bank or banks 
in this Commonwealth, a sum of money not exceeding one 
Imndred thousand dolLlrs, to be applied to the purpose afore- 
said, and accounted for accordingly. 

The aforesaid money to be borrowed in such siims as the 
Governor with advice of Council shall direct, and the Gov- 
ernor is hereby authorized, from time to time to issue his 
warrant upon the Treasury for such sums as may be be deem- 
ed necessary for carrying into eifect the purposes aforesaid. 

Resolved, That the Adjut'int General be requested to con- 
sider and report to the General Court, at their next session, 
what alterations are necessary in the militia system of the 
Commonwealth, and also, the best method of organizing 
and disciplining a select corps of troops, bearing a propor- 
tion to the whole number of the militia of said Common- 
wealth as one to five, as also tlio best method of organizing 
the exempt'^:. 



i 



IIOLL No. 69 June, 1813. 

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

REPORT, That there are due to the Corporations, and 
persons hereafter mentioned, the sums set to their names re- 
spectively, which, when allowed and paid, will be in full 
discharge of the said accounts to the several dates therein 
mentioned, v, hich is respectfully submitted. 

SILAS nOJ MAl^yper order. 
FAUPER ACCOUjYTS. 

Towiiof Ashburnham. to supplies to Sukey Frank- 
lin, to 1st March, 1813, 8 25 

Alfred, for board and clothing William Grif- 
fiths, to 31st May, 1813, 67 20 

Adams, for board and clothing Freeman Blakely, 
Lydia Dailey's two children, Susannah Camp 
and Barna Evens, to the time of his death, inclu- 
ding funeral charges, the whole to 23d May, 
18lX 89 41 

Abington, for board, clothing and doctoring Tho- 
mas Seymore, to 7th June, 1813, 46 63 

Baldwin, for board and clothing Daniel Hickey, 

to 1st May, 18 1 3, 21 25 

Bellingham, for board and clothing Nathan Free- 
man and Robert Atkins, to 1st April, 1813, 87 25 

Brookfield, for supplies to Jonas Banton, to 2d 

May, 1813, 44 7S 

Belgrade, for supplies and doctoring HannHh and 

Abigail Odlin, to 2d May, 1813, 25 21 

Bradford, for board, clothing and doctoring Joshua 

Letters, to 1st June, 1813, 31 42 

Barnardstown, for supplies and doctoring Edward 

Arnies, to the time of his death. May, 1813, 7 20 

Blanford, for board and clothing Samuel V/alker, 

to February, 1813, 75 00 

Bristol, for board and clothing AVilliam Howe, to 

1st May, 18i3, 67 20 

30 



29S PAUPER ACCOUiNTS. 



Becket^ for board, clothing and doci)ring Sally 
and Hiram Leonard and Mary White^ to IStli 
May, 1813, 4^3 97 

Burlington; for board of James Cade, to 6tli April, 

1813, 15 00 

Bradford, Samuel, keeper of the gaol, in Suffolk 
County, for supportinij; sundry poor prisoners con- 
fined for debt, to 1st June, 18t3, 146 10 

Berwick, for board of Lemuel Woodwortli, to 24th 

May, 1813, ^ 19 80 

Billerica, for board, clothing and doctoring Tho- 
mas Guy, to the time of his death, including fu- 
neral charges, SSd'May, 1813, 36 67 

Bridgewater, for board and clothing Frederick 

Bignor and John Stocks^ to Gth June, 1813, 37 l*"* 

Buckston, to board and clothing James Maurice, 

to 3d May, 1813, 93 50 

Boxborou2;h, for board and clothing John M'Koy, 

to 31st May, 1813, 6S 00 

Boston, for board, clothing and doctoring sundry 

paupers to 1st June, 1813, ' 853S 77 

Chester, for board and clothing Benjamin Powers, 
and supplies to the family of George Weden, to 
22d May, 1813, 47 S7 

Conway, for board of Hannah M'Neil, to 18th 

May, 1313, 21 60 

Cheshire, for board, clothing and doctoring and 
sundry supplies to sundry persons, to S3d May, 
1813, 305 68 

ChesterSeld, for supplies to Adam Hamilton, to 

2Sd May, 1813, ' 33> 74 

Colraine, for board, clothing and doctoring Sally 
Lamonier, Richard Hynes and Rachel Hynes, 
to 2Uh May, 1813, 79 71 

Castine, for board, doctoring ami supplies to John 

Cain, to 13th May, 1818, 68 32 

Charlton, for boarding and clothing Edward Mad- 
den, to S4th May, 1813, ^ 26 00 

Canton, for boar(i and clothing John Cole, to 10th 

June, 1813, ^ 29 20 

Carlisle, for board and clothing Robert Barber, to 

SSd May, 18 J 3, 23 6f> 



PAUPER ACCOUNTS. S99 

Cashing, for board of James Walker, to 1st June, 

1813, 18 70 

Cape Elizabeth, for board and clothing James 

Ramsbottom, to 23d May, 1813. 33 75 

Dartmouth, for board and clothing John Qiiaiuia- 

ville, to S'Jth May, 1813, 83 00 

Durham, for board and clothing Asa Samuel and 
Jonathan Demerit, children of Jonathan Deme- 
rit, to 2. th May, 1813, 15S 60 

Danvers, for board and clothing sundry paupers, 

to 8th June, 1813, " l8l. 84 

Elliot, for supplies to Jacob Brewer and Jack Ro- 
berts, to S4th May, 1813, 39 77 

Edgarton, for board and clothing Anthoy Chad- 
wick, to 22d May, 1813, SI S5 

Framingham, for supplies to Hugh McPherson, to 
the time of liis death, including funeral charges, 
Marcii, 1813, 34 01 

Franklin, for board, clothing and doctoring Tho- 
mas Rarre, to 5th June, 1813, " 94 50 

Falmouth, County of Cumberland, for board and 

Clothing Felician Sang, to 31st May 1813, .41 00 

Greenwich, for board, clothing and doctoring John 
Railey, William Rice, Eliza Harrington, Jona- 
than Bailey and Samuel Bailey and Joseph Bai- 
ley's families, to 25th May, 1813, 144 65 

Granby, for board of Ebenezer Dervin, to 34th 

May, 1813, including doctoring, 30 50 

Gill, for board and clothing Sarah Hamilton and 

Samuel Lyon and wife, to 22d May, 1813, 58 58 

Granville, for board and clothing Archibald Stew- 
art and George Taylor, to 1st June, 1813, 63 84 

Gorhara, for board of Robert GilfiUing and Jacob 

Morse, to 9th June, 1813, 43 50 

Gloucester, for board, clothing and doctoring sun- 
dry paupers, to 10th May, 1S13, 973 08 

Hancock, for supplies to Ruckamie Farley's fami- 
ly, to 21st May, 1813, 45 43 

Mallowell, for board, clothing and doctoring sun- 
dry paupers, to 1st June, 1813, 227 7^ 



300 PAUPER ACCOUNTS. 

Hodgkins^ Josepli, keeper of the house of correc- 
tion, in the County of Essex, for hoard and 
clothing Mary Adelaide, Hulah Hicks, John 
Squires and Josiah Bennington, to 6th June, 
18t3, including an allowance made hy the Court 
of Sessions, to 21st March, 1813, 386 90 

Hiitson, John keeper of the gaol, in the County of 
Essex, for supporting sundry poor prisoners 
confined for debt, to 28th May, 1813, 201 65 

Laiieshoro", for board, clothing and doctoring Je- 
rusha Welch, a cliild of Clary Tracy, David 
Jennings, and supplies to Ichabod Sherlock and 
Asa Parsons, to the time of his death, including 
funeral charges, 31st May, 1813, 216 65 

Lenox, for boarding and clothing Abram Palmer, 
Tabitha Lewis and Augustus Palmer, to the 
time of his death, 24th May, 1813, 58 29 

Leeds, for board and clothing Nicholas Tallier, to 

20th May, 1813, 88 7^ 

Lee, for board and clothing Azubah Cain, Lucy 
Fuller, Conrad Flaak, Daniel and Betsy Santer, 
and supT;>lies to Jonathan and Sarah Blackman, 
to 19th May, 1813, 134< 31 

Ley den for board, clothing and doctoring Stacey 
Fuller, Eleazer Wagner and Ruth Abel, to 19th 
May, 1813, 59 77 

Litchfield, for i)oard and clothing Daniel Howard, 
and <WQ children of Hannah Taylor, 1st June, 
1813, 46 39 

Lineolnville, for board of Alexander White and 

llmothy Cox, to 20th May, 4813, 51 00 

Lancaster, for board and clothing William Shear- 
er, to 3d June, 1813, 61 00 
Mount Vernon, for board and clothing David Bass - 

ford, to 18th May, 1813, 33 40 

Macliias, for board, clothitig and doctoring Daniel 
McDonald, Moses llhocla and Tiah Wheaton, 
to 12th M^y, 1813, 72 22 

Milford, for board and clothing Eliza Gould, to 

25th May, 1813, "^ 56 80 

Montague, for ])oard, nursing and clothing Josliua 

Searlcs, to 17th May, 1S13, ' 88 49 



PAUPER ACCOUNTS. 301 

Methuen, for supporting Nancy Hale,, to 22i\ 

March, 1813, ^ ^6 

Marlborough, for boarding and clothing Joseph 

Waters, to 28th May, 1813, 63 00 

Marblehead, for board, clothing and doctoring 

sundry paupers, to 6th June, 1813, ^3 93 

Milton, for board and nursing Alexander Tlicophi- 
lus, and supjilies and doctoring William Kim- 
ball, to 2(\ May, 1813, 4^7 8't 

Manchester, for board, clothing and doctoring 
Thomas Donglas. to the time of his death, in- 
cluding funeral charges, 38 15 

NorthHeld, for board, doctoring and nursing Rich- 
ard Kingsbury, to the time of his death, inclu- 
ding; funeral charges. March, 18; 3, 19 34 

Norwich, for board, clothing and doctoring Dan- 
iel Williams, to 31st May, 1813, 25 48 

New Marlboro% for board and clothing Orke En- 
gine, to 7th June, 1813, 9 56 

Newton » for board, clothing and doctoring Rich- 
ard Clark, to the time of his death, including fu- 
neral charges, 30th September, 1813, 33 50 

Northampton, for boarding, nursing and doctoring 
Patrick McGavaraw, to the tiilie of his death, 
including funeral cliarges, 74 02 

Newburyport, for board, clothing and doctoring 

sundry paupers, to 1st June, 1813, 1865 31 

Newbury, for board, clothing and doctoring sun- 
dry paupers, to 1st June, 1813, 1127 76 

Paris, for board of Greorge Warren, a poor prison- 
er, confined for debt, to 7th August, 1812, 10 50 

Pittsfield, for board, clothing and doctoring sundry 

paupers, to 1st June, 1813, 365 40 

Peru, for supplies and doctoring James Robins 

and family, to 21th May, 1813, 46 03 

Plymouth, for board, clothing and doctoring sun- 
dry paupers, to 23d May, 1813, 215 89 

Portland, for board, clothing and doctoring sun- 
dry paupers, to 1st Jane, 1813, 1059 02 

Jlussell, for board and clothing John Ward, to the 

time of his death, May, 1813, 30 89 

Rutland, for board and clothing William Hender- 
son and John Cowland, to 1st June, 1813, 41 72 



302 PAUPER ACCOUNTS. 

Kowley, for board and clothing Beniiing Dowe and 

EUe Collins, to 21st May, 1813, 69 60 

Randolph, for board, doctoring and nursingWilliam 
Kimball, to ilie time of his death, including fune- 
ral charges, 30th April, 1813, 30 34 

Rowe,' for board and clothing Betsey Carpenter, 

15th May, 1813, 34? 00 

Roxbnry, for board, clothing and doctoring sundry 

paupers, to 3d June, 1813, 377 73 

Somerset, for board and clothing William Elliot, 
to Ist June, 1813, 19 38 

Swausey, for board and clothing Garrett Burns 

and James Garrett, to Sad May, 1813, 8^ 35 

Sandisiicld, for board, clothing and doctoring Ma- 
ry Try on, Eliza Dando, William Wallace,Rich- 
ard Dickinson and his family, to 30th May, 1813, 60 80 

Sandwich, for board and clothing Richard Crouch, 

to 33d May, 1813, 33 00 

Salem, for board, clothing and doctoring sundry 

paupers, to 6th June, 1813, 1367 39 

Thomastown, for board and clothing John Ander- 
son, to 15th May, 1813, including doctoring, 159 77 

Taunton, for board and clothing Mary Magda- 
len, to 33d May, 1813, 131 50 

Uxbridgc, for board of David Mitchell, JFillis 

Jenks, Benjamin Contriff, to 34th May, 1813, 47 68 

West Hampton, for board and clothing John Gray 

and wife, to 4th June, 1813, 49 58 

Westfield, for board and clothing John Newton 

and wife, to 30th May, 1813, 46 50 

West Springfield, for board and doctoring James 
Aldreck, Hannah Shevoy and Hannah Felt, to 
30th May, 1813, 45 54 

Waterborough, for board of William Jordan, to 

9th June, 1813, 5 50 

Williamston, for board, clothing and doctoring Ro- 
bert Merrill, Charlotte M'Carty, Rachel Galu- 
shua, ChriEtoplierGiove-r and Mary Blue, to S5tU 
May, 1813, 130 87 

Waldoborough, fov supporting John and Phillip 

Handle, to 6th June, 1813, 171 30 

Windsor, for board and clothing Henry Smith and 

wife, to 19th May, i813, 41 57 



i 



MILITARY ACCOUNTS. ^3 



Walpole, fot board and nursing Nancy Keans, two ^ 

children and John Webb, a poor prisoner, con- 
fined for debt, to 2ith May, 1813, 138 76 

Wrentham, for board, clothing and doctoring Tlio- 
mas Jackson, to 1st June, 1813, the time he left 
the town, 97 22 

Worcester, for board and clothing sundry paupers, 

to 1st June, 1813, 88 00 

Total Paupers, 23,696 OS 

MILITMiY ACCOUJSTTS, 

Courts MaHial and Courts of Inq^uiry, 8^c. 

To Hayden, Moses, for his services as Judge Ad- 
vocate, at a Court of Inquiry, held at Great Bar- 
ington, December, 1812 ; also at a Court of In- 
quiry, held at Egremont, 22d December, 181^ ; 
also at a Court Martial, held at Lenox, whereof 
Prentice Williams was President, 29 08 

Hunt, John, for his travel and attendance on a 
Court of Inquiry, held in Great Barrington, Au- 
gust, 1811, whereof Colonel John Whiting was 
President, 5 46 

Curamings, David, for the eXpence of a Court Mar- 
tial, held at Salem, 20th April, 1813, whereof 
Colonel Benjamin Jenkins was President, 7;? 3(5 

Maltby, Isaac, for part of his travel in attending a 
Court of Inquiry, held at Salem, 25th July, 
1812, omitted in the pay roll of said Court, by 
mistake, i4 it 

Mansfield, William, for summoning witnesses to 
attend tlie Court Martial, for the irial of General 
Goodale, omitted in the pay roll of said Court, 8 50 

Williamson D. William, for taking aifidavits to be 
used before his Excellency the Governor, in the 
contested election of Daniel Webster and others, 
oificers of the militia in Eans-ov. 1 |fh September. 
181 1. 8 05 



304 MILITARY ACCOUNTS. 

Richardson, Alford, B. Grensral, for his travel and 
attendance upon a Board of Officers, held by or- 
der of the Commander in Chief, at Brunswick, 
13th July, 1813, 



Brigade Quarter Masters, 

To Fales, C. Samuel, to !st Ocoher, 1813, 
Hildreth, Jonathan, to 1st June, 181 3^ 



Brigade Majors and *,flids de Camp. 

To Goodnow, John, to 1st May, 1813, 
Huhbel, Calvin, to 36th April, 1813, 
Jaqnes, Samuel, to 36th May, 1813, 
Maston, Zachariah, to 1st May, 1813, 
Russell, Edward, to §3d May, 1813, 
Tinkham, Seth, to January, 1813, 
Wingate, F. Joseph, to 31st May, 1813, 



Adjutants. 



31 30 


161 79 


19 73 
33 13 



41 85 



53 


37 


35 77 


241 


35 


49 40 


37 30 


61 


40 


44 


30 



501 79 



To Adams, Thomas, to 3d January, 1813, 147 Itt 

Allen, Elisha, to 18th June, 1813, 31 75 
Adams, Moses, to 11th May, 1813, including his 
services at Eastport, in obedience to General 

Orders, 78 83 

Bosworth, Sherman, to 30th May, 1813, 34 50 

Blossom, Alden, to 1st June, 18 3, 13 35 

Barrett, George, to 4th June, 1813, 38 50 

Bray, Oliver, to 6th June, Hi i 3, 14 30 

Boyd, William, to 5th June, 1813, 93 55 

Chase, L. Thomas, to 30th February, 1813, 17 89 

Curtis, Joseph, to 1st November, 1813, 33 06 

Cheney, Amasa, to 1st January, 1813, 30 06 

Champney, John, to 1st June, 1813. 55 75 

Emery, Moses, to 35th May, 1813, 16 33 



Military accounts: sos 

Fisk, Ezra, to 3d May, 1813, 
Hodsdon, Isaac, to 20th April, 1813, 
Jewett, Caleb, to 35th March, 1813, 
Keith, Cyrus, to 30th April, 1813, 
Knight, Mc James, to 1st May, 1813, 
Miinroe, Reuben, to 30th September, 1813, 
Porter, Horace, to 1st January. 1813, 
Richardson, Wyman, to 17th May, 1813, 
Stevens, H. Paul, to 3d June, 1813, 
Silsbee, Samuel, to 33d April, 1813, 
Sayles, Ricliard. to 4th June, 1813, 
Tainler, Harvey, to l5th May, 1813, 
Taft, HazeltineVto 3d June, 1813, 
Toby, Elisha, to 1st January, 1813, 
Wood John, to 6th May, 1813, 
Washburn, Cromwell, for his sci'vices in 1811; 
Washburn, H. Philo, to 9th May, 1813, 
Wild, Jonathan, to 35th May, 1813, 



37 57 


31 


37 


87 


76 


44<. 


30 


15 


01 


15 


47 


81 


31 


39 


13 


13 


75 


34 


63 


13 


51 


17 


1)1 


43 


3^ 


40 


63 


8(5 


54 


19 


95 


33 


95 


53 


04 



■368 80 



Expellees for Horses to Haul Artillery. 

To Acock, William, to 4th October, 1813, 
Barnes, Cornelius, to 11th May, 1813, 
Day, David, to 3d October, 1813, 
Gleason, John, to 3d October, 1813, 
(xlover, Samuel, to 3d October, 1813, 
Jenkins, Weston, to 6th January, 1813, 
Leavenworth, David, to 7th October, 1813, 
Parkhurst, Amos, to 19th May, 1813, 
Peabody, Jacob, to 17th October, 1813, 
Plumer, Addison, to 17th October, 1813, 
Page, Timothy, to 1st October, 1813, 
Putnam, Jesse, to 17th October, 1813, 
Shaw, South vv'orth, to 13th October, 1813, 
Stall, Samuel, to 3lst October, 1813, 
Stone, Martin, to 1st October, 1813, 
Smith, Edmund, to 7th June, 1813, 
Thayer, Zebediah, to 5th September, 1812, 
Vernum, Phineas, to 11th May, 1813, 
Walker, Abbott, to 38th May, 1813, 

Total Military Accounts, 
31 



5 


00 


<-> 


00 


10 


CO 


5 


CO 





00 


15 


00 


u 


35 


5 


00 


6 


00 


13 


50 


8 


00 


6 


00 


7 


50 


15 


00 


10 


00 


6 


00 


9 


00 


3 


00 


7 50 


S3ii7 


93 



306 SHERIFFS AND CORONERS* ACCOUNTS. 

SHERIFFS AJS*B COEOJ^ERS' ^CCOUJVTS, 

Adams, Moses, Slieriif of the County of Hancock, 
for returning votes, for Governor and Lieutenant 
Governor, June, 1813, SS S4 

Brov/n, Henry, C. Sheriff of the Couuty of Berk- 
sliire, for returning votes of Electors of President, 
Vice President, and Representatives to Con- 
gress, 181:3, and Governor and Lieutenant Go- 
vernor, 1813, 67 50 

Bridge, Edmund, Sheriff of the County of Lincoln, 
for returning votes for Governor and Lieutenant 
Governor, 1813, • 14! 56 

Crane, Elijah, Sheriff of the County of Norfolk^ 
for returning votes for Governor and Lieutenant 
Governor, 1813, 1 36 

Cooper, John, Sheriff of the County of Washing- 
ton, for returning votes for Governor and Lieu- 
tenant Governor, 1813, 30 40 

Delano, William, Coroner of the County of Frank- 
lin, for inquisition on the body of a stranger, and 
funeral charges. May, 1813, S3 36 

FreCiUan, James, Sheriff of the County of Barnsta- 
ble, for returning votes for Governor and Lieu- 
tenant Governor, Representatives to Congress, 
and Electors of President and Vice President, 
June, 1813, 35 60 

Folsom, John, Coroner, in the County of Suffolk, 
for inquisilion on the bodies of six strangers, 
29th May, 1813, 127 Sl 

Hunnewell, Richard, Sheriff of the County of Cum- 
berland, for returning votes for Governor and 
Lieutenant Governor, June, 1813, 10 40 

Howard, Samuel, Sheriff of the County of Kenne- 
beck, for returning votes for Governor and Lieu- 
tenant Governor, June, 1813, 14 40 

Lawrence, Jeremiuli, Sheriff of the County of Nan- 
tucket, for returning votes for Governor and 
Lie ute n an t Go verno r, 1 8 1 3, 1 80 

Matoon, Ebenezer, Sheriff of the County of Hamp- 
shire, for returning votes for Governor and Lieu- 
tenant Governor, 1813, 7 60 



PRINTERS' ACCOUNTS. 307 



'? 



McMellen, John, Sheriff of tlie County of Oxford, 
for returning votes for Governor and Lieutenant 
Governor, 1813, IS 80 

Smith, Jonathan, Sheriff of the County of Hamp- 
den, for returning votes for Governor and Lieu- 
tenant Governor, 18 3, 8 00 

Worth, Jethro, Sheriff of Dukes' County, for re- 
turning votes for Governor and Lieutenant Go- 
vernor, and Representatives to Congress, June, 
1813, • 48 00 

Total Sheriffs and Coroners, S434 37 

PBIMTERS' ACCOUNTS, 

Allen, W. B. and H. G. for printing Acts and Re- 
solves, to 1st July, 1813, 16 67 

Belcher, Joshua, for printing for the Agricultural 

Society, to March, 1813, ^ SOO 00 

Gushing, Thomas, for printing the Acis and Re- 
solves to the 26th May, 1813, 16 67 

Clapp, William, W. for printing to S3d February, 

1813, 15 25 

Dickraan, Thomas, for printing Acts and Resolves, 

to 33d May, 1813, 16 67 

Dennie and Phelps, for printing Acts and Resolves, 

to February, 1813, 16 67 

Edes, Peter, for printing Acts and Resolves, to 1st 

May, 1813, ' 16 67- 

Foster, Moses, B. for printing to June, 1813, 3 3^ 

Lindsey, Benjamin, for printing Acts and Resolves, 

to 1st May, 1813, 16 67 

Munroe and French, for printing to February, 

1813, 55 00 

Russell and Cutler, for printing to June 11th, 1813, 3000 00 

Thomas, Isaiah, for printing Acts and Resolves, to 

13th May, 1813, 33 33 

Young and Minns, for printing to 10th June, 1813, 691 95 

Total Printers, S1099 17 



30S MISCEI.EANEOUS ACCOUNTS. 

MISCELLAJTEOUS ACCOUJTTS. 

jBlaney, Henry, for labour on State House, to 
May, 1813, 

Chase, Warren, for services to I6tli June, 1813, 

Durant, William, for labour on the State House? 
to June, 1813, 

Guardians of the Dudley Indians, for balance in full 
due them,to22d May. 1813, which the Treasurer 
of the Stale is directed to charge said Indians with, 

Hunter, John, P. for taking up the body of a 
stranger, by order of the Coroner of Suffolk, 
May^ 1813, 

Howe, John, for sundries for the State House, to 
January, 181 eS, 

Kul«n, Jacob, for balance due hira on the 12th 
June, 1813, over and above the several grants 
made him by the General Court, up to 12th 
June, 1813, 

Lapham, Sylvanus, for services to 16th June, 1813, 

Marshall, Moses, for taking up the body of a 
stranger, by order of the Coroner of Suffolk, 
May, 1813, 

Perry, John, for services to June t6th, 1813, 

Pollard, Benjamin, for services performed by order 
of the House of Representatives, March 13th, 181 3, 

Tudor, William, and Tucker, John, for their ser- 
vices in tiling papers of the Supreme Court, for 
the County of Suffolk, conformable to a resolve 
of the General Court, February, 1813, 

Weld, Benjamin, William Ilammatt, and Thomas 
Harris, a Committee appointed by the Legisla- 
ture, to examine and audit the accounts of the 
State Prison, 1st. June, 1813, 

Newton, George, S. for services performed by or- 
der of the Committee on Impressments, 

William Mansfield, do. 

E. Mudge, do. 

S. Sumner, do. 

J. Colburn, do. 

S. Twisty do. 

Total Miscellaneous, 



33 37 

43 00 

4a S5 



138 40 

5 00 
41 64 



117 00 
46 00 



6 00 
46 00 

20 00 



238 08 



150 00 



20 


00 


7 00 


1 


00 


4 


00 


2 


20 


12 


00 



71 94 



AGGREGATE OF ROLL. 309 

Aggregate of Roll JVo. 69. 

Expenees of State Paupers, S3g,696 OS 

Do. Militia, S,117 98 

Do. Sheriffs and Coroners, 434 37 

Do. Printers, 4,099 17 

Do. Miscellaneous, 97i 94 

S30,319 48 

Resolved, That there be allowed and paid out of the pub- 
lic Treasury, to the several Corporations and persons men- 
tioned in this Roll, the sums set against such Corporations 
and persons names respectively, amounting in the whole, to 
the sum of thirty thousand, three hundred and nineteen dol- 
lars and forty-eight cents ; the same being in full discharge 
of the accounts and demands to which they refer. 

In Senate, June iQth, 1813. 
Read and accepted, sent down for concurrence. 
JOHN PHILLIPS, President. 

In the House of Rej)resentatives, June iQth, 1813. 
Read and concurred, 

TIMOTHY BIGELOW, Speaker. 

June iQth. 1813... .Approved, < 

CALEB STRONG. 



(Jommonwealth of Massachusetts. 



IN THE HOUSE or REPRESENTATIVES, JUNE 4, 1813. 

ORBEREBf That Messrs. Thatcher, Warren, Llovd, 
Boston, Hall, Williamstowny Bates, JVortJiampton, with 
such as the Honorable Senate may join, be a Committee to 
consider so much of His Excellency's Speech as i-elates to 
^•' an extension of our territorial limits'' and forming; new 
States without the territorial limits of t]ie United States, 
with leave to report by bill or otherwise. Sent up for con- 
currence. 

TIMOTHY BIGELOW, Speaker, 

IN SENATE, JUNE 4, 1813. 

Read, and concurred, and the Hon. Messrs. Quincy, Ash- 
MUN and Fuller are joined. 

JOHN PHILLIPS, President. 



The Committee appointed to consider ^" so much of His 
Excellency's Speech as relates to an extension of our terri- 
torial limits ^^ and forming new States without the territorial 
limits of the United States/' 

JiESPECTFULLY REPORT, 

That they have considered the subject, committed to 
their investii^ation, with the attention and solicitude, which 
its nature and importance demand. On the one side, they 
have been careful to give full weight to all the obligations, 
which are due from the people of Massachusetts to the peo- 
ple of the United States ; as resulting from the federal com- 
pact. On the other, it has been their study not to forget the 
duties, which a powerful and independent state owes to itself 
and posterity ; on occasions, when great constitutional prin- 
ciples are deliberately violated. On occasions of this kind, 
in the opinion of your Committee, the duty of a people is as 



REPORT ON EXTENSION TERRITORIAL LIMITS. 311 

plain as it is imperious. The beginnings of manifest usur- 
pations are never to be neglected ; since silence, on the part 
of the people is, always, taken as acquiescence by the advo- 
cates of usurpation. What power seizes, without right, to 
day, it holds, tomorrow, by precedent ; and the day after, by 
pre.^cription. A wise people, therefore, w ill always canvass 
every new pretension of power at the threshold ; being as- 
sured that the liberties of a people have nothing to fear from 
vigilance, and every thing from apathy. Nor, in the opin- 
ion of your Committee, will a wise people refrain from such 
an examination, because the nature of the usurpation, or the 
circumstances of the period, may, in the judgment of some, 
render farther measures untimely. Much is gained to liber- 
ty, by a distinct assertion of the constitutional principles, on 
which it rests. And a people may loose by being ignorant 
of their rights, but never by understanding them. 

In entering upon this investigation, your Committee have 
not omitted to consider the reasons for present acquiescence, 
in violations of the Constitution, drawn from the particular 
embarrassments, resultiiig from the war, and the encourage- 
ments, which the enemy may receive from any evidence of 
discontent, at the present moment, among the states ; or a- 
mong the people. They have given this suggestion all the 
attention it appeared to merit. But, in their opinion, this 
objection has the less weight, inasmuch as the particular sub- 
ject of animadversion is independent, altogether, of the prin- 
ciple of the war ; so far as this principle is known. Besides, 
it would be little else than a bounty, on foreign war, if do- 
mestic usurpation should find in it a shield, or a sanction. 
Your Committee have given this consideration the less im- 
portance from the conviction, they entertain, that the Ameri- 
can people may have peace, whenever the administration of 
the general government shall seek it, Avith a sincere disposi- 
tion for its attainment. 

As your Committee have deemed it their duty nottobe re- 
strained, by such temporary considerations, from a deliber- 
jite and public examination of the subject submitted to their 
inquiry, so, also, they have not been disposed to connect this 
great, constitutional question with the transient calamities of 
the day, from which it is, in their opinion, very apparently, 
distinguished, both in its cause and its consequences. In 
the view, therefore, they are a])out to present of this great 
constitutional question, they have confined themselves, strict- 



512 REPORT ON EXTENSION TERRITORIAL LIMITS. 

ly, to topics and arguments drawn from the terms of the 
constitution, and the history of the period, at which it was 
adopted ; and with a reference to fulfil their duty to their 
country and posterity, by a distinct avowal of their opinions 
and the grounds of them, with the hope of limiting the far- 
ther progress of the evil, rather than any expectation of im- 
mediate relief, during the continuance of the existing influen- 
ces in the national administration. 

The question touching the admission, into the union, of 
states, created in territories, lying without the ancient limits 
of the United States, has been considered, by your Commit- 
tee, in relation to constitutional principles and political con- 
sequences. By an Act of the Congress of the United States, 
passed the 8th day of April, i 8 i 2, entitled, ^* an Act for the 
admission of the State of Louisiana into the Union and to 
extend the laws of the United States to the said State,'' the 
said State of Louisiana was admitted into the Union on an 
equal footing with the other States. This act was, in the 
opinion of your Committee, a manifest usurpation, by the 
Congress of the United St(Vtes, of a power not granted to that 
body by the federal constitution. The State of Louisiana 
was formed, in countries situated beyond the limits of the old 
United States ; according as those limits were established 
by the treaty of Paris, commonly called the Treaty of Peace, 
in the year 1788 ; and as they existed, at the time of the for- 
mation and adoption of the federal constitutioii. And the 
position which your Committee undertake to maintain is this, 
that the Constitution of the United States did not invest Con- 
gress with the power to admit into the Union, States, created 
in territories not included within the limits of the United 
States ; as they existed, at the peace of 1783, and at the for- 
mation and adoption of the Constitution. Your Committee are 
thus particular, in stating with precision, the constitutional 
ground, which they maintain, because the doctrine here as- 
serted, has been confounded, sometimes artfully, sometimes 
negligently, witli the questions which have arisen, concerning 
the admission of Kentucky, Vermont, Ohio ; or which may 
arise on the admission of new States, to be created in the 
Michigan, Indiana or Illinois territories. With none of 
which lias the question, now under consideration, any affinity. 
These last mentioned States and territories all lie icithin the 
old limits of the United States, as settled by tlie Treaty of 
Peace, and as existing at the time of the formation and adop- 



REiPORT ON EXTENSION TERRITORIAL LIMITS. 313 

tion of the federal Constitution. Now the State of Louisiana 
lies without those limits ; and on this distinction the v. hole 
question of constitutional ri^ht depends. The power, as- 
sumed by Congress, in passing this act for the admission of 
Louisiana, if acquiesced in, is plainly a power to admit new- 
States, into this Union, at their discretion, without limit of 
place, or country. Not only new States may be carved, at 
will, out of the boundless regions of Louisiana, but the whole 
extent of South America, indeed of the globe, is a sphere, 
within which it may operate without check or control, and 
with no other limit than such as Congress may choose to im- 
pose on its own discretion. 

Your Committee have, in vain, looked for any clause in 
the Constitution of the United States, granting such a pow- 
er. In the first place, the parties, associating, are declared 
to be " the 'people of the tlnited States, ^^ and the objects of 
the association are stated to be, " to form a more perfect un- 
ion, establish justice, insure domestic tranquiUfij, provide 
for the common defence, promote the general welfare and se- 
cure the blessings of liberty to ovitSEL.YiLB and our posteri- 
ty.'' Your Committee deem themselves authorized to as- 
sert, without fear of contradiction, that by the terms ^' the 
people of the United States — ^^ ourselves and our posteri- 
ty,^^ were intended the people inhabiting, and who should in- 
habit the States and territories lying Avithin the limits of the 
United States, as they were established by the treaty of 
1783, and as they existed at the time of the formation and 
adoption of the federal Constitution ; and that none of the 
terms of the Constitution indicate the idea that foreign- states, 
or kingdoms, or new states, created in their territories, could 
be admitted into a participation of its privileges. 

Indeed, it is not pretended, as your Committee understand, 
by the advocates of this usurpation, that it has any color of 
justification, in the terms of the Constitution, unless it be in 
the third Section of its fourth Article. The tenor of which 
is as follows : — 

Sect, 3. — "New States may be admitted by the Con- 
^' gress into this Union ; but no new State shall be formed, 
" or erected v* ithin the jurisdiciion of any otlier State ; or 
" any State be formed by the junction of two or more states, 
" or part of states, without the consent of the Legislatures of 
" the States concerned as well as of the Congress. 

^' Tlio Congress shall have power to dispose of. and make 
33 



^ii REPOIiT ON EXTENSION TERRITORIAL LlJVfiti 

^^ all needful rules and regulations respecting the territory, ot 
'^' other projoerty, belonging to the United States : and noth- 
^^ ing, in this Constitution, shall be so construed as to pre- 
" judice any claims of the United States, or of any parti cu- 
'' lar State> 

Upon this section, your Committee observe, that, without 
reference to the known colidition of the United States, and 
the history of the times when the Constitution was adopted, if 
the terras of this section be, alone, considered and examined 
by those rigid and approved rules of construction, recognized 
on similar occasions', and relative to other instruments, the 
terms do not authorize the power which has been assumed, 
but, on the contrary, do strongly and almost, necessarily, im- 
ply that no ])ower Avas granted to admit States, created in 
territories, without the limits of the old United States. 

The section contains the grant of an authority, and ex- 
presses certain limitations to that grant. The first clause of 
the section '' New States may be admitted, by the Congress, 
into this Union," is, indeed, very broad and comprehensive ; 
and Iiad tliere been no objects, within the old boundaries of 
the United States, sufficient to exhaust the whole force of 
the terms, some doubt might result upon the subject. Yet, 
even in such case, it would seem incredible that an associa- 
tion of States, forming a constitution for purposes, exclusively 
their own, should transfer the power to Congress, of admit- 
ting, at will, into a participation of their rights and privileges, 
any state or kingdom, in any part of the globe, without ex- 
pressing any limitation to the exercise of a power, in its na- 
ture, so great and critical. 

Happily, however, we are not reduced to the necessity of 
supposing such an absurdity. The fact is notorious and un- 
deniable, that the terms relative to the admission of new 
States Jiad objects, ivitJiin the limits of the old United States^ 
sufficient to exhaust the full force of those terms, so that 
there is no necessity to resort to the creation of Slates with- 
out the anticnt limits, in order to give efficacy to them. On 
the contrary, every limitation of the power contained in tliis 
section shows, that no other operation of it was contempla- 
ted, except within the old limits of the United States. Thes» 
limitations are relative to States formed or erected within the 
jurisdietion of any other State : — to States formed by the 
junction of tico, or more States or jjarts of States : — to the 
disj}osal and regulation of the territory or jyro^erty of the 



REPORT ON EXTENSION TERRITORIAL LIMITS. 31j 

United States ; — to a reservation in favor of any claims of 
the United States^ or any particular State. 

Now is it to be believed, that a power to create and admit 
States, beyond the antieut boundaries of the United States, 
was granted to Congress absolutely, without any limits, 
while the comparatively unimportant power of creating States, 
within the antient boundaries, is guarded by so many and 
so strict limitation ? Had the admission of new States, to be 
formed in countries, then the parts of foreign and distant 
kingdoms, been contemplated, would not some terms have in- 
dicated the conditions, the principles or occasions, on which 
such annexation of a mass of foreigners with their territories 
should take place ? In the opinion of your Committee, the 
entire absence of any such restriction is, of itself, conclusive 
evidence, that such admission of foreign countries, far from 
being contemplated, was not so much as, even, considered pos- 
sible, by the framers of the Constitution, or by the people at 
tlie time of its adoption. 

The situation of the United States and the history of the 
limes, Avhen the Constitution was adopted, strongly, corrobo- 
rate this idea ; indeed, in the opinion of your Committee, 
render it so absolutely demonstrable, as to amount, in their 
minds, to certainty. 

Such was the situation of the United States, at the time of 
the adoption of thp Constitution, that the admission of new 
States, in countries beyond the old limits of the United 
States, does not appear to have been contemplated, as an e- 
vent probable, or even possible. On the contrary, the wyU 
tings of that period, and the debates of tlie various meetings 
and conventions, assembled for the purpose of considering 
the Constitution, show, that the extent of the United States, 
even within its antient limits, was one of the principal objec- 
tions to the practicability of the proposed Constitution, with- 
in those limits. Your Committee have, in vain, sought in the 
history of the discussions of that period, for the expression 
of any opinion, either by way of reason in favor or against 
the Constitution, that, by any possibility, it might be suscepti- 
ble of that construction of late given to it, and to which they 
object. The idea does not seem to have entered into the 
mind of any one that it was possible that such a construction 
could be given, and for the reason above suggested, that the 
extent of the country, as at that time existing, was urged, and 



316 REPORT ON EXTENSION TERRITORIAL LIMITS, 

admitted on all sides, to be one of the most forcible objections 
to the practicability of the experiment. 

It is well known that to secure the union of the thirteen 
primitive states, and the advantages thence resulting AVere 
the main objects of the federal constitution. To this was 
added the design of admitting such other states as might a- 
rise in their own bosoms, or in territories, included within 
the general limits of the old United States. By the pro- 
ceedings of the old Congress, subsequent to the peace of 1783, 
it appears, that it was in contemplation to create and admit 
States, within the limits of the old United States, and not in- 
cluded V, ithin the particular boundaries of any state. But 
it appears no where, tljat, subsequent to the peace of 1783, 
the admission of States, beyond the limits then established, 
was ever either proposed, or publicly contemplated. 

NoAV it is very apparent to your Committee, that the pow- 
er to admit States, created in territories, beyond the limits 
of the old United States is one of the most critical and im- 
portant, whether we consider its nature, or its consequences. 
It is, in truth, nothing less than the power to create in foreign 
countries, new political sovereignties, and to divest the old 
United States of a proportion of their political sovereignty, 
in favor of such foreigner. It is a power, which, in the opin- 
ion of your Committee, no wise people ever v> ould have del- 
egated, and which, they are persuaded, the people of the Uni- 
ted States, and certainly, the people of Massachusetts, ne- 
ver did delegate. The proportion of the political weight of 
each forei2;n State, composing this union, depends upon the 
number of the States, which have a voice under the compact. 
This number, the Constitution permits Congress to multiply, 
at pleasure, within the limits of the original States, observ- 
ing, only, the expressed limitations, in the Constitution. To 
pass these limitations and admit States, beyond the ancient 
boundaries, is, in the opinion of your Committee, an usurpa- 
tion, as dangerous as it is manifest, inasmuch as these exte- 
rior States, after being admitted on an equal footing with tlie 
original States, may, and as they multiply, certainly will be- 
come, in fact, the arbiters of the destinies of the nation ; by 
availing themselves of the contrariety of interests and views, 
which in such a confederacy of States, necessarily arise, they 
hold the balance among the respective parties and govern 
the States, constitutionally composing the Union, by throw- 



REPORT ON EXTENSION TERRITORIAL LIMITS. 311 

ing their weight into whatever scale is most conformable to 
the ambition or projects of such foreign States. 

Your Committee cannot, therefore, but look with extreme 
I'e^et and reprobation upon the admission of the territory of 
Louisiana to an equal footing with the original and consti- 
tutionally admitted States ; and they cannot but consider the 
principle, asserted by this admission, as an usurpation of 
power, portending the most serious consequences to the per- 
petuation of tfeis Union and the liberties of the American 
people. 

Although the character of this usurpation and its ultimate 
conseqtienccs ought, naturally, to excite an extreme degree of 
alarm, in this quarter of the country, as it indicates that new 
and unconstitutional arbiters, remote from our interests and 
ignorant of them, are admitted into the Union, yet the nature 
of the remedy is, in the opinion of your Committee, a subject 
of much more difficulty than the certainty of the mischief. 
On the one hand, it is the duty of a free and wise people, to 
meet encroachments upon the principles of their Constitution 
in their first beginnings, and to give no sanction to the con- 
tinuance or repetition of such violations, by tameness or ac- 
quiescence. On the other hand, they are sensible that the 
people of Massachusetts, oppressed by the burden of an nn- 
just and unnecessary w.ir, are, at this momjpnt, naturally, 
more solicitous about instant relief from existing sufferings, 
than about the distant consequences of political usurpation. 
Nevertheless, in the opinion of your Coraraitiee, the Legis- 
lature of Massachusetts owe it to themselves, to the people 
of this State and to future generations, to make an open and 
distinct avowal of their sentiments upon tliis topick, to the 
end that no sanction may appear to be derived from their si- 
lence ; and also that other States may be led to consider this 
intrusion of a foreign State into our confederacy, under this 
usurped authority, in a constitutional point of view, as well 
as in its consequences, and that, thereby, a concurrence of 
sentiment and a coincidence of councils may result ; whence 
alone can be hoped a termination of this usurpation, and of 
the evils, which are, apparently, about to flow from it. 

Your Committee, therefore, propose for the adoption of tlie 
Legislature, the following resolutions : — 

Resolved. As the sense of this Legislature, that the ad- 
mission into the L^nion, of States, created in countries, not 
comprehended within the original limits of the L^nited States, is 



318 REPORT ON EXTENSION TEKRITORIAL LIMITS. 

not authorized by the letter or the spirit of the federal Con- 
stitution. 

Resolved, That it is the interest and duty of the people of 
Massachusetts, to oppose the admission of such States into 
the Union, as a measure tending to the dissolution of the con- 
federacy. 

Resolved, That tlie Act passed the eighth day of April, 
1812, entitled, ^^ An act for the admission of the State of 
liouisiana into the Union and to extend the laws of the Uni- 
ted States to the said State," is, in the opinion of this Legis- 
lature, a violation of the Constitution of the United States ; 
and that the Senators of this State, in Congress, be instruc- 
ted, and the Representatives thereof requested, to use their ut- 
most endeavors to obtain a repeal of the same. 

Resolved, That the Secretary of this Commonwealth be 
directed to transmit a copy of these Resolutions to each of 
the Senators and Representatives of this Commonwealth, Iq 
the Congress of the United States. 

By Order, 

JOSIAH qUINCY. 

IN THE HOUSE OF IlEPRESENTATlVES. JUNE 15, 1813. 

Read and accepted. Sent up for concurrence. 

TIMOTHY J3IGEL0W, Speaker. 

IN SENATE, JUNE IC, 1813. 

Xlead and concurred. 

JOHN PHILLIPS, President 



PAPERS, 



Defence of boston and other places. 

AN ACT 

SHAKING PROVISION FOR ARMING AND EQUIPPING THE 

WHOLE BODY OF THE MILITIA OF THE 

UNITED STATES. 

BJil it enacted b^ the Senate and House of Jiepresenta-- 
tivesofthe United States ofAmeHca, in Congress* assemhled. 
That the annual sum of two hundred thousand dollars be. 
and the same hereby is appropriated, for the purpose of pro- 
viding arms and military equipments for the whole body of 
the militia of the United States, either by purchase or maii- 
nfacture, by and on account of thci United States. 

Seg;t. 2. — And he it further enacted, That the President 
«f the United States be, and he hereby is autliorized to pur- 
chase sites for, and erect such additional arsenals and maiiib- 
factories of arms, as he may deem expedient, under the limi- 
tations and restrictions now provided by law : Fvovided also, 
that so much of any law as restricts the number of workmen 
in the armories of the United States to one hundred men, be, 
and the same hereby is repealed. 

Sect. 3. — And he it further enacted, That all the arms 
procured in virtue of this act, shall be transmitted to the se- 
veral States composing this Union and territories thereof, to 
eacJi State and territory repectively, in proportion to the 
number of the effective militia in cacli State and territory, 
and by each State and territory to be distributed to the mili- 
tia iu such State and territory, under such rules and regula- 



320 PAPERS ON THE DEFENCE OF BOSTON, &c. 

tions, as shall be by law prescribed by the Legislature of 
feach State and territory. 

J. B. VARNUM, 

Speaker of the House of Representatives. 

S. SMITH, 

President f pro tempore^ of the Senate, 

April 33, 1808. 

Approved^ 

TH : JEFFERSON. 



Commonwealth of Massachusetts. 

RESOLVE PROVIDING FOR THE DEFENCE OF BOSTON AND 
OTHER PLACES... .a7TH FEBRUARY, 1813. 

Resolved, That the Governor with advice of Council be, 
and he is hereby authorized to adopt such defensive mea- 
sures, and to carry the same into immediate execution, as may 
be deemed necessary to protect the town of Boston, its har- 
bour and vicinity, and the towns, ports and harbours of this 
Commonwealth, from the invasion of an enemy during the 
present v/ar. 

And for the purpose aforesaid, the Governor is hereby au- 
thorized to employ any officer or officers, person or persons, 
skilled in the science of engineering and gunnery, also to 
mount such number of heavy cannon, mortars and howitzers 
on travelling or fort carriages, as may be deemed necessary, 
to provide munitions of war, in sufficient quantities, and all 
the necessary apparatus for a powerful train of heavy artil- 
lery, to ascertain and designate the posts or places where 
said artillery can act with the greatest effect against the ene- 
my's shipping entering or attempting to enter our ports and 
harbours, to cause batteries to be constructed, and breast 
works to be thrown up where it may be deemed necessary, 
with furnaces to heat shot. 

And the Treasurer of this Commonwealth is hereby au- 
thorized and empowered to borrow of any bank or banks in 
.this Commonwealth, a sum of money not exceeding one hun- 



PAPERS ON THE DEFENCE OF BOSTON, &e. 32i 

dred thousand dollars, to be applied to the purposes afore- 
said, and to be accounted for accordingly. 

The aforesaid money to be borrowed in such sums as the 
Grovernor, with advice of Council, shall from time to time 
direct, and the Governor is hereby authorized from time to 
time to issue his warrants upon the Treasury for such sums 
as may be deemed necessary for carrying into efTeet the pur- 
poses of this resolve. 

And be it further resolved, That the Governor be reques- 
ted to apply to the Eixecutive of the United States, and re- 
spectfully request such supply of muskets, belonging to the 
United States, as may be conveniently furnished, and as may 
be considered the proportion to Avhich this Commonwealth 
may be entitled, to be apportioned and distributed to the se- 
veral towns of this Commonwealth, for the use of the militia 
thereof, in such manner as the Governor, by and with the 
advice of Council, may deem most for the public service. 



BOSTON, MARCH Ist, 1813. 

Sir, 

I HAVE the honor to enclose to your Excellency an extract 
from a Resolve of the General Court of this Commonwealth, 
passed on the 27th of February last; and in compliance with 
the objects of the Legislature expressed in the said Resolve, 
to request for the use of this State, such supply of muskets, be- 
longing to the United States, as may be conveniently fur- 
nished, and as may be considered the proportion to which 
this Commonwealth may be entitled. 

I am. Sir, with great respect, 

your most obedient humble servant, 

CALEB STRONG. 
The President of the United States. 



WAR DEPARTMENT. 

MARCH 15, 1813, 

Sir, , 

In answer to your Excellency's Letter of the 1st instant, 
(enclosing a Resolution of tlie Legislature of Massaclnisetts^ 
. 33 



PAPERS ON THE DEFENCE OF BOSTON, ^c; 

of February ^7tli, 1813, addressed to the President of the'' 
United States, and ^' requesting such supply of muskets aef 
may be conveniently furnislied, and as may be considered, 
the proportion to which the Commonwealth may be enti- 
tled,'^) I have the honor to inform your Excellency, that as 
the arms provided, in virtue of the act of April 23, 1808, for 
arming and equipping the militia of the United States, have 
been Ineonsiderable, in proportion to the militia to be sup- 
plied, the President has deemed it most conducive to the 
general interest, to supply, in the first instance, the frontier 
States and the militia who have come forward in the service 
of the country. When the state of the public arsenals will 
justify the measure, Massachusetts will receive her propor- 
tion of arms, agreeably to the provisions of the Law. 

Very respectfully, I have the honor to be, 

YouT Excellency's most obedient servant, 

JOHN ARMSTRONG, 
flis Excellency Caleb Strong, > 
Governor of Massachusetts. ^ 

IN SENATE, 

MAY S8, 1813. 

Read, and committed to the Hon. John Welles and Ed- 
mund Foster, Esq'rs, with such as the Hon. House may join^ 
to consider and report. Sent down for concurrence. 

JOHN PHILLIPS, President 
IN THE HOUSE OF REPRESENTATIVES, 

MAY S8, 1813^ 

JIead and concurred, and the Hon. Mr. Lloyd and Messrs, 
Gardner, of Bolton, and Richardson, of North Yarmouth, 
a?re joined. 

TIMOTHY BIGELOW, Speake)^ 



REPORT. 

The Committee to whom was referred the letter of the Se- 
cretary of War of the United States, to his Excellency the 
Crovernor, bearing date at Washington, March 15th, 1813, 
in answer to an application, made by his Excellency in com- 
pliance with a resolve of the honorable the General Court of 
the Commonwealth of Massachusetts, to the Executive of 
the United States, requesting such supply of muskets as 
might be considered the proportion to which the Common- 
wealth was entitled, under a law of the United States, pass- 
ed in April, 1808 ; by which law the annual sum of two hun- 
dred thousand dollars was appropriated for the purpose of 
providing arms for the militia of the United States, to be 
transmitted to the several states, in proportion to the effec- 
tive militia in each state, — 

BESPECTFULLY liEPORT, 

That the law of tlie United States referred to by his Ex- 
cellency the Grovernor, and entitled, ^* an act making provi- 
sion for arming and equipping the whole body of the militia 
of the United States, and appropriating annually two hun- 
dred thousand dollars for that purpose,'' provides that the 
arms procured in virtue of that act, shall be transmitted to 
the several States composing the Union, and the territories 
thereof, to each State and territory respectively, in propor- 
tion to the number of effective militia therein, under such 
rules and regulations as shall be by law prescribed by the 
Legislature of each State or territory. 

In the apprehension of your committee, the terms of i\ie 
law are simple, precise, and definite, admitting neither of a 
perversion of purpose nor latitude of construction — of the fa- 
vouritism of partiality, or an indulgence of caprice. 

The people of tlie United States, for the better defence 
ihereof, by an act of their constituted autliorities, set aside 
from their revenue the annual sum of two hundred thousand 
dollars, for arming and equipping the whole body of the mili- 
tia of the United States, and expressly directed that the arms 
|>rovided in virtue of that act should be transmitted to the seve- 



324 REPORT RESPECTING ARMS. 

ral States composing the Union and territories tliercof ; to eacli 
State, and tenitory, respectively, in proportion to the num- 
ber of its effective militia. Hence it became the duty of the 
government not to wait for the application of the several 
States, but on the receipt of such supply of arms, as wou.d 
admit of a reasonable division, promptly to transmit the same 
to the respective States and territories. 

Whether this has been done, conformably with the pro- 
visions of the law, or consistently with tliose principles of re- 
spect, equality and impartiality, which ought to regulate the 
conduct of the General Government towards each member of 
the confedei'acy — tlie history of the amount of this fund-^ 
the distribution of the arms — and the letter of the Secretary 
of War will determine. 

The act liaving passed in April, 1808, it is evident that 
at this time one million of dollars must have accrued under 
it, and ought to have been appropriated towards arming the 
whole body of the militia of the United States. Of this sum, 
or the proceeds of it, on the ratio of her contributions to the 
revenue of the United States, Massachusetts would be enti- 
tled to about one fifth part, having paid upwards of forty 
millions towards the two huudred and fifteen millions of dol- 
lars derived ])y the United States under the operation of the 
Federal Government — but predicated upon the more unfa- 
vourable ratio of the law, which in this case must govern, 
Massachusetts, although capable of bringing into the field an 
effective force of one hundred and twenty thousand free white 
citizens, for the purpose of sustaining her rights, of checking 
usurpation, or of repelling invasion, would be entitled only 
to the number of arms procured under the act of April, 1808, 
in the ratio that 70,530, the number of militia agreeably to 
the last return to the General Government from Massachu- 
setts, bears to 719,'l-i9, the wjjole return of the militia of the 
United States as communicated to Congress by the Presi- 
dent, on the 13th of February of the present year — thus giv- 
ing to Massachusetts, an indisputable claim, a vested right, 
without the power of alienation or diversion, in any depart- 
ment of the General Government, to about one tenth of the 
said sum of one million of dollars already accumulated, or 
of about one tenth of the number of arms that have been pro- 
cured therefrom. 

And your Committee further report, that, from the returns 
made to Congress by the war department in December last. 



REPORT RESPECTING ARMS, S25 

it appears, that contracts, under tlie law of theUnitetl States 
of April 23, 1808, have been made for 100,200 stands of 
arms, of which 24,000 stands were contracted for in Massa- 
chusetts, and 9875 stands were actually delivered by the 
manufacturers within the State, prior to October last, and 
that, from these contracts, there had been received by the 
General Government, six months since, 31,610 stands of 
arms, at which time 53,560 stands of arms in addition were 
due, and ought to have been delivered into the public arsenals, 
of which, about one tenth part, from the moment of their re-- 
ceipt by the General Government, became, in the opinion of 
your Committee, the actual property of the State of Massa- 
chusetts, and by the terms of the same law, it also became the 
duty of the admintstrators of the General Government, to 
have caused a proportion of them in that ratio to be transmit- 
ted or delivered to this State ; that not a single musket of 
this number has been received, or has been intended to be 
transmitted or delivered, is too apparent, from the reply of 
the Secretary of War to the application of his Excellency. 

Of the distribution of the stands of arms which had been 
actually received by the Government of the United States, 
under the law of April, 1808, it appears from returns made to 
Congress, by the Department of War, to the month of De-* 
cember last, that 

1000 stands had been delivered to New-Hampshire. 

2500 to Vermont. 

1000 — to Hhode-Island, to which Stale 

250 stands had also been loaned. 

1000 to New- Jersey. 

500 to Delaware, to which State 650 

stands had also been loaned. 

2130 to North Carolina. 

2000 to South-Carolina. 

1000 to Georgia. 

1500 to Ohio, to which State 3500 stands 

had also been loaned. 

1500 to Kentucky. 

1500 to Tennesee. 

250 to Louisiana, and 

216 to the Territory of Illinois, and 

that there had been loaned to the District of Co- 
lumbia, 2200. — 

What has become of nearly 16.000 stands of arms in ad- 



«26 IlEPOaT RESPECTING ARMS. 

^itioiij whicli are acknowledged to have been received, and 
45f 5S,5G0 stands of arms which were contracted to he deli- 
vered on or hefore the 7th October, 1812, and remain unae- 
connted for ; or what number has been received since Octo- 
ber, or under what authority the Department of War has 
assumed a discretion neither given, jior warranted by the 
law, of loaning an excess beyond the proportion to which it 
was entitled by the provisions of the law, to any State or 
territory, or of making any loan whatever, your Committee 
have not the means of ascertaining ; and the short duratioij 
of the present session of the Legislature wi 1 not admit of a 
timely reference t© the only source, from which perhaps in- 
formation might be obtained. 

Of the causes, or pretences which have induced the Go- 
vernment of the United States to furnish eleven States of the 
Union, the District of Columbia, and the territory of Illinois, 
with a proportion of arms, wiiich it has seen proper to with- 
hold from the populous, respectable, and expo^^ed State of 
Massachusetts, and which had been delivered from its o'vn 
manufiictories — tlie letter of the honorable JoUn ^rm^tron^, 
Secretary at War of the United States, of Ma,rch 15th, coair 
Biunicated by his Fxcellency, furnishes the evidence. 

By that letter, his Excellency is informed, that " the Pre- 
sident has deemed it most conducive to the general interest 
to supply in the first place the frontier States, and the militia 
who have corae forvrard in the defence of the Country, and that 
when the state of the public arsenals will justify the measure, 
Massachusetts will receive her proportion of arms agreeably 
to the provisions of the law." 

In commenting on these reasons of the Secretary at War, 
for the omission to transmit or to deliver to the State of Mas- 
-sachusetts, the proportion of arms to which it was entitled, 
your Committee beg leave to remark, that the state of the 
public arsenals in December last, as it respects the supply 
jof arms, provided for the respective States and territories, 
will be manifested by the preceding statement, from which 
it appears, that of the 85,S00 stands of arras which were due 
to the General Government from the contractors, in October, 
and of which it is acknowledged 31,640 had, at that time, 
beendelivered, short of 10,100 had been distributed as late as 
December last ; but they confess they are wholly unable to 
*.ompre]iend or perceive, even on the alledged principles of 
distribution, hov/ the vdthhoiding from tha State of Massa 



REPORT RESPECTING ARMS. -m 

fejbusetts, rashly and unpreparedly plunged, in common witk 
the rest of the Union, into a disastrous war with the most 
powerful maritime nation the world ever w itnessed ; — pos- 
sessing a defenceless, more extended, and more densely po- 
pulated seaboard than any other State in the Union, inter- 
sected with ports and harbors in every direction, heretofore, 
by the goodness of God, the blessings of peace, and the in- 
dustry of their inhabitants, the native havens of one third of 
the tonnage of the nation, and bordered by a long line of 
boundary on the east and on the north,* by the provinces of 
the enemy, can be justified or palliated, by a pretence, that it 
has been deemed most conducive to the general interest, la- 
the first place to supply the frontier States, and in conse- 
quence, to omit the transmission or delivery of a single mus- 
ket, to a State, with a frontier of nearly a thousand mile* 
in circuit. 

The additional capse assigned by the Secretary at War, 
for withholding the proportion of arms allotted to Massachu- 
setts, " that it was most conducive to the general interest, to" 
supply, in the first place, the militia who have come forward 
in the service of the country,'' alone remains to be considered ; 
and your Committee with reluctance approach this part of 
the duty assigned them ; for tliey are confident that Avhlle tliB 
State of Massachusetts^ among the most antient and power- 
ful of the sisters of the great familj^ of the States, who com- 
pose this confederated empire, will duly guard her own 
honor, and self respect, and will ever be alive to the niaiu- 
tenanee of her just rights at every hazard, that she "will ne- 
ver compromit her dignity, nor stoop from her pride of places 
to repel unmerited aspersion, if any such were intended, on. 
the motives of the man, whom she is gratified to honor, who 
has evinced himself to be a wakeful w atehman on the cita- 
del, and a faithful guardian of the constitutional rights, aiitl 
liberties of his fellow- citizens ; nor upon a militia, inferior 
to none in the Union, and who are at once the ornament, the 
boast, and the security of the State Avhich has reared, and 
formed, and wliich delights to cherish and respect them. 
And should at any time hereafter any insidious foe seek to 
sow the seeds of jealousy and discord between the militia of 
the several parts of the Union, by unfounded imputations on 
the efficiency or patriotism of the military of Massachusetts 
— the Legislature will view all such attempts witk hf)vror. 
and reject them witk disdain. 



328 tlEPORT RESPECTING ARMS. 

Under ilie iiiiliieiice of tliese convictions, the Committe* 
forbear to dilate on this part of the letter of the Secretary at 
War, and limit themselves to reporting, that from the whole 
view of the subject which they have been enabled to take, 
they are of opinion, that the proportion of arms provided 
under the law of the United States of the 23d of April, 1808, 
io which the State of Msssachnsetts is entitled, has been un- 
duly withheld from her, and that in the present exposed sit- 
uation of the country, it is the imperious duty of the Legisla- 
ture to place that part of it under their protection in an effec- 
tive state of defence, as speedily as may be practicable ; and 
they therefore rccommeml the adoption of the following re- 
solutions. 

Resolved, As the sense' of this Legislature, that by the pro- 
visions of the law of April S-jd, 1808, it was the duty of the 
President of the United States, to cause to be transmitted to 
the State of Massachusetts, in conformity to the request of 
his Excellency the Governor, of the first of March last, the 
proportion of the arms prescribed by said law, which, accord- 
ing to the plain and explicit terms thereof, cannot, under any 
pretence, be justly or lawfully withheld. 

Resolved, That the application of his Excellency the Go- 
vernor for the transmission of said arms, in pursuance of the 
resolve of the Legislature of the S7th of February last, Avas, 
in every respect suitable and proper ; and that the refusal to 
comply with said request w^as a rejection of an indisputable 
claim to property legally vested in this Commowealih, and a 
neglect to perform a duty enjoined upon the Executive De- 
partment of the National Government by the positive provi- 
sions of law. 

Resolved, That the terms in which this refusal is expres- 
sed, in the Answer of the Secretary at War to the letter of 
his Excellency the Governor, convey an indirect censure a- 
gainst the Government and Militia of Massachusetts, for a 
neglect to discharge its duty as a constituent part of the U- 
nion — which even if it had been just, could have formed no 
plausible pretext for the refusal — but which, being altogeth- 
er unfounded, the Legislature, from the perfect respect for 
their Chief Magistrate, their conSdence in the courage and 
patriotism of the Militia, and their sense of duty to them- 
selves and their constituents, are bound to repel, as an at- 
tempt to fix an unmerited stigma upon the character of this 
Commonwealth. 



REPORT RESPECTING ARMS* m 

Resolved, That the Adjutant-General, of this Common- 
wealth, be directed forthv/itli to forward to the Secretary at 
War of the United States, a copy of these resolves ; and in 
case of a farther refusal or neglect, beyond a reasonable time, 
to transmit the arms v/hich rightfully belong to this State, 
by virtue of the law aforesaid, that his Excellency the Go- 
vernor be requested to forward similar copies to each of our 
Senators and Kepresentatives in the Congress of the United 
States, that they may endeavor to obtain, by the interposition 
of the legislative authority, our proportion of the means pro- 
vided from the common revenue ^' for the common defence,''' 
which the Executive department has unjustly withheld, and 
which our exposed situation, during the present calamitous, 
i?tate of the country, imperiously demands. 

JM THE HOUSK OF IlEPllKSKNTATlVKS, JUNE l-i, 1813, 

Head and accepted. Sent up for concurrence. 

TIMOTHY BIGELOW, Sjmilcev. 

•IN SENATE, JUNE 15, 1813. 

Read and concurred, 

JOHN PHILLIPS, President. 



34 



Com itionwealtU of Massach useti^. 

IN THE HOUSE OF REPRESENTATIVES, JUNE 8, 1813. 

OKDEREB, That Messrs. Mills, J^orthampton, Sul. 
LiVAN, Boston, Goodwin, Berivick, and Dwight, Spring- 
field, be a Committee, with such as the Honorable Senate 
may join, to consider what measures it is expedient for this 
Legislature to adopt in relation to the unhappy war in which 
we are engaged ; — the means to induce a speedy restoration 
of peace ; — and to restore this Commonwealth to the bles- 
sings of a free and unmolested commerce, and to that influ- 
ence in the councils of tlie nation, to which she is so justly 
entitled — with leave to report. Sent up for concurrence. 

TIMOTHY BIGELOW, Speaker. 

I >r SENATE, JUNE 8, 1813. 

Read, and concurred, and the Hon. Messrs. Perkins, 
Blake and Holmes are joined. 

JOHN PHILLIPk^, President 



JUNE ISth, 1813. 

The Committee of both Houses appointed '^^ to consider 
what measures it is expedient for this Legislature to adopt, 
in relation to the unhappy war in which we arc engaged, the 
means to induce a speedy restoration of peace, and to restoi'e 
this Commonwealth to the blessings of a free and umnolcstcd 
Commerce, and to that itiiluence in the councils of the na- 
tion, to v/hich she is so justly entitled," have attended the 
service assigned them, and ask leave to report a Remon- 
strance to the Congress of the United States, which is here- 
feinto annexed. 

All which is respectfully submitted. 

T, H. PERKINS, Per Order. 



REMONSTRANCE. 

To fh^ Honor able the Senate^ and the Ilonorahh the Hous^r 

of Representatives of the United States. 

in Congress assembled. 

THEi Legislature of Massachusetts, deeply impressed 
Hitli the sufferings of their constituents, and excited by i\\e. 
apprehension of still greater evils in prospect, feel impelled, 
by a solemn sense of duty, to lay before tlie National Govern- 
ment, tlieir view of the public interests, and to express witli 
the plainess of freemen, the sentiments of the people of this 
antient and etxensive Commonwealth. 

Although the precise limits of the powers reserved to the 
several state sovereignties have not been defined by the Con-, 
stitution, yet we fully coincide in the correctness of thij 
opinions advanced by our venerable Chief Magistrate^ that 
*^ our Constitutions ensure to us tlie freedom of speech, and 
that, at this momentous period, it is our right and duly to in- 
quire into the grounds and origin of the present war, to re- 
flect on the state of public aftairs, and to express our senti- 
ments concerning them, with decency and frankness, and to 
endeavor, as far as our limited influence extends, to promote, 
by temperate and constitutional means, an honorable recon- 
ciliation." 

If then, such arc the rights aod duties of the people, sure- 
ly those, who, at this solemn crisis, are selected by them and 
who are specially lionorcd with their confldence, may ven- 
ture, respectfully, but frankly, to express the sentiments and 
feelings of those whom they have the lionor to represent. 

The States, as well as the individuals composip.g (liem, 
are parties to the national compact, and it is their peculiar du- 
ty, especially in times of peril, to Vvatcli over the rights, and 
guard the privileges solemnly guaranteed, by tliat instrument. 
Certainly then this expression, from the Legislature of the 
free and independent Commonwealth of Massaclusetls, will 
not be disregarded, by the present Congress of the United 
States. For allhongh the numerous petitions twd remcn- 
■strance.s of the people of this State, in relatioi? to s^ueh mea,- 



S32 KEMOfs^STRANCC. 

sures as they deemed dangerous to their riglits, and niinou'i^ 
to their interests, have heretofore been received, in a man- 
ner little calculated to produce that harmony, and to cement 
that Union, which ought to be the permanent aim of the Gen- 
eral Governmen ; yet we cannot but indulge the hope, that 
new councils and a more conciliatory spirit will distinguish 
the several branches of the present national Legislature — 
That they will endeavor, by the exercise of justice and im- 
partiality, to allay the apprehensions, and restore the confi- 
dence of the eastern and commercial States — to remove their 
actual sufferini;s — and to replace them in the happy and 
prosperous condition from which they have been driven, by 
a succession of measures, hostile to tlie rights of commerce, 
and destructive to the peace of the Union. 

It is not to be expected, that a hardy and industrious peo- 
ple, insti'ucted in the nature of their rights, and tenacious of 
their exercise, whose enterprize was a source of individual 
wealth and national prosperity, should find themselves obliged 
to abandon their accustomed employments, and relinquish the 
means of subsistence, without comphiiufc ; or that a moral 
and christian people should contribute their aid, in the prose- 
cution of an offensive War, without the fullest evidence of its 
justice and necessity. 

The United States, from the ftirm of tiieir Government, 
from the principles of their institutions, from the sacred pro- 
fessions which, in allperiods of their history, they have made, 
from the maxims transmitted to them, ]>y patriots and sages, 
whose loss they can never sufficiently deplore, as well as 
from a regard to their best and dearest interests, ought to be 
the last nation t6 engage in a war of ambition, or conquest. 

The recent establishment of their institutions, the pacific, 
moral and industrious character of their citizens, the certainty 
that time and prudent application of their resources, would 
bring a seasonable remedy for any tr?aisient wrongs, would 
have induced a wise and provident, an impartial and tem- 
perate administration, to overlook, if it had been necessary, 
any temporary evils, Vv hich either tlie ambition, tlic interest, 
the cupidity, or the injustice of foreign powers might, occa- 
sionally, and without any deep and lasting iimivy, have in- 
flicted. 

With these maxims and these vievvs, y» e cannot discern 
any thing, in the policy of foreign nations, towards us, which 
in point of expediency^ required the aacrifice cf so itfrvny and 



REMONSTRANCE. 233 

go certain l)l(issings. as niiglit have been our ])ortion, for sxich 
dreadful and inevitable evils, as all wars, and especially in a 
JRepublic, entail upon the people. 

But, when we review the alledged causes of tlie w ar a- 
gainst Great Britain, and more particularly, the pretences 
for its continuance, after the principal one was removed, we 
are constrained to say, that it fdls the minds of tlie good peo- 
ple of this Commonwealth, with infinite anxiety and alarm. 
We cannot but recollect, vvhatever the pretences of the Em- 
peror of France may have been, pretences which liave uni- 
formly preceded and accompanied the most violent acts of 
injustice, that he vv as the sole author of a system, calc.ilated 
and intended to l)i'eak doA\n neutral commerce, with a view 
to destroy the opulence, and cripple the power of a rival, 
whose best interest, and whose real policy were, to uphold 
that commerce, so essential to her own prosperity. 

It is not for us to decide, whether the enemy of France did. 
or did not, adopt the most natural and efficacious means of 
repelling her injustice. It is sufficient, that we are persua- 
ded, tlie United States mii^ht, by a firm and dignified, yet 
pacific resistance to the French decrees, have prevented the 
recurrence of any retaliatory measures on the part of Great 
Britain — measures not intended to injure us, but to operate 
on tlse author of this unjust and iniquitous system. And, 
however honorable men mfiy diiTcr, as to tlie justice of the 
British retaliatory Orders in Council, we do not hesitate to 
say, that France merited, from our Government, a much 
higher tone of reiTionstrance, and a move decided opposition. 

In reviewing the avowed causes of the present vvar, we 
Would, if it were possible, pass over a series of transactions, 
imperfectly explained, and calculated to excite our alarm 
and regret, at the hasty manner, in wliich it >\'as declared. 
But the history of the pretended repeal 'of the French De- 
crees, which, if our goveinment was sincere, we arc 
bound to believe, ^^as tl«e immediate cause of the war, is 
so WT-U attested, and has been so often discussed, and is, be- 
sides, so important in this enquiry, that mere motives of de- 
licacy cannot induce us to pass it over without notice. 

If war could be justified against Great Britain exclusively, 
it must have been, on the ground, assumed by our govern- 
ment, tha.t the French Decrees were actually repealed, on 
the 1st of November, 1810. The indiscriniinatc plunder and 
dcstrnciion of our commevcn — the cantnvc^ of our shins, bv tlie 



334 REMONSTIIANC^. 

criiizers of France^ and their condemnation, by her courts, 
and by the Emperor^ in person — his repeated and solemn de- 
claration, that those Decrees were still in force, and consti- 
tuted the fundamental laws of his Empire, at a period, long 
subsequent to the pretended repeal, seemed to furnish an an- 
swer, sufficiently conclusive, to this question ; and we can- 
not but lament, that evidence, so satisfactory to the rest of the 
nation, should have liad so little weight, with that Congress, 
whose term of service has lately expired. 

But this important question is now definitively answered; 
and the American people have learned, with astonishment, 
the depth of their degradation. The French Emperor, as if, 
for tlie perfect and absolute Immiliation of our government, 
and for the annunciation to -the world, that he held us in nt- 
ter contempt, reserved, till May, 1813, the official declara- 
tion of the fact, that these decrees were not repealed, until 
April, 1811^ and then, not in consequence of his sense of 
their injustice, but ])ecause we had complied with the condi- 
tion he had prescribed, in the letter of the Duke of Cadore, 
in causing '* our rights to be respected," by a resistance to 
the British Orders ; and he has since adde;], that this Decree of 
repeal was communicated, to our Minister at Paris, as well 
as to his own at Washington, to be made known to our Cabi- 
net. As the previous pledge of Great Britain gave the fullest 
assurance, that she would repeal her Orders, as soon as the 
Decrees, on whicli tliey were founded, should cease to exist; 
and as her subequcnt conduct leaves no doubt that she 
would have been faithful to her promise, we can never too 
much deplore the neglect to make knoAvn this repeal, wheth- 
er it be attrihn table to the French Government, or our own. 

If to the former belong the guilt of this duplicity and false- 
hood, every motive of interest, and every incitement of duty 
e;ul loudly upon our administr.ation, to proclaim this dis- 
graccfijl imposition to the American ])eople ; not only, as it 
Viould 9er\e to developc the true character and policy of 
France, but, to ;icquii our own officers of a suppression, too 
serious to be overlooked or forgiven. 

Eutwhafevermay l)e the true state of this mysterluus trans- 
action, the promptness \\\i\\ which Great Britain hastened to 
repeal her Orders, before the declaration of war, by the Uni- 
ted States, was known to her, and tlie restoration of an im- 
raence amnaut of property, then v/ithin lier power, can leave 
hut little doubt, that the war, on our part, ^vas premature, and 



REMONSTRANCE. 355 

still less, that the perseverance in it, after that repeal was 
known, was improper, impolitic and unjust . 

It was improper ; because it manifested, in this instance^ 
a distrust in the good faith and disposition to peace, of a na- 
tion, from which we had just received a signal proof of both. 

It was imjJolitic ; because it gave countenance to the 
charge, of a subserviency to the views of France, and of an 
ulterior design of co-operating, with her, in Vac profligate 
and enormous project of subjugating the rest of Europe. 

It was impolitic ; as it tended to unite all descriptions of 
people, in England, in favor of the present war, and to con- 
vince them, however erroneously, that moderation and fair- 
ness, on her part, only laid the foundation of nev/ claims, 
and higher pretensions on ours. 

It icas unjust; because the evidence, aiiorded by tlic 
prompt repeal of the Orders in Council, odght to have satis- 
fied us, that Grreat Britain was sincerely disposed to maintain 
and preserve pacific relations, with the United States; and 
all wars are unjust, the objects of whicli can be attained by 
negotiation. 

it was unjust ; because the whole lilstory of our diplo- 
matic intercourse with Great Britain shews, that we never 
induced her to believe, tliat we considered the impressment 
of lier own seamen, on board our merchant ships, as a reason 
able ground of war ; and we had never offered her the al 
ternative of war, or a relinquishment of this practice. 

It was unjust ; because the pretensions and claims, on the 
dne side and the other, although attended v/ith difficulties, 
were not iri'econcileable. Great Britain did not claim ihc 
right to impress our native seamen. She disavowed the 
practice, in all cases, when the fact was made knov.n id 
her she restored, on legal evidence — she had recently of- 
fered to return all who were of that description, of whom a 
list should be furnished, by our government — and slic had 
many years before, made such oiFers of fair and amicable ar- 
rangeinent of this whole subject, as, to two distinguished 
members of our present Cabinet, appeared -^ both honorable 
and advantageous.'"* 

It wms unjust ; because we had not prcvloiisly taken all 
the reasonable steps, on our part, to remove her complainf^- 
of the seduction and employment of her seamen. Tliis is 
made manifest, by the conduct of tlie same Congress which 
declared the Wnr: Ihey having admitted the propriety of o]i 



S36 llEMOiNSTRANCL:. 

viating those complaints, by an act passed subsequent to the 
commencement of hostilities. 

No State in the Union can have a greater interest, or feel 
a stronger desire, to protect commerce, and maintain the le- 
gitimate rights of seamen, than this Commonwealth. Own- 
ers of one third of all the navigation, and probably, furnish- 
ing nearly one half of all the native seainen, of the United 
States, we are better enabled to appreciate the extent of their 
.sufferings, and must also be presumed, to sympathise with 
them, more sincerely, than the citizens of States, destitute of 
commerce, and v/hosc sons arc not engaged, in its prosecu- 
tion ; unless it be admitted, that the sufferers, their parents, 
relatives and fdends, are less interested in their welfare and 
protection, than those who are united to them, only, by the 
feeble ties of political connexion. 

With all the means of information, furnished by every 
motive of duty, and every inducement of interest, we are con- 
strained to say, that this evil of impressment has been gross- 
ly exaggerated ; that we have reason to believe, an honest 
and fair proposal, as honestly and fairly executed, to exclude 
the subjects of Great Britain from our service, would have 
much more effectually relieved our own seamen, and more 
essentially advanced their interest, than a resort to war ; that 
the true interests of tlie United States coincide with the po- 
licy, adopted by all other countries ; and that we should be 
more independent, our seamen would be better protected, 
and our country eventually more prosperous, by renouncing 
altogether, the pretension of screening, and employing Bri- 
tish seamen. 

The doctrine of natural allegiance is too well founded^ 
has been too long established, and is too consonant with the 
permanent interest, the peace and independence of all na- 
tions, to be disturbed, for the purpose of substituting in its 
place, certain visionary notions to which the French Revo- 
lution gave birth, and which, though long since exploded 
there, seem still to have an unhappy influence in our 
country. 

Having thus found the avowed causes of the Avar, and espe- 
cially the motives for a perseverance in it, so wholly inade- 
quate, to justify the adoption of that policy, we have been 
obliged to resort to other, and more concealed motives. We 
cannot however, without the most conclusive evidence, be- 
lieve, although the measures and language of some liigh pub- 



KEMOJ\ STRANGE. 337 

lie fimctionaries indicate the fact, that amhition, and not jus- 
tice, a lust of conquest, and not a defence of endangered rights, 
are among the real causes of perseverance, in our present 
hostilities. 

Must we then add another example to the catalogue of 
Republics, which have been ruined, by a spirit of foreign 
conquest ? Have we no regard to the solemn professions we 
have so often repeated, none to the example, none to the pre- 
cepts of Washington ? Is it possible, cither to acquire, or to 
maintain, extensive foreign conquests, without powerful 
standing armies ? And did such armies ever long permit the 
people, who were so imprudent, as to raise and maintain 
them, to enjoy their liberties ? 

Instances of military oppression have already occurred, 
among us ; and a watchful people, jealous of their rights, 
must have observed some attempts to controul their elections, 
and to prostrate the civil, before the military authority. If 
the language of some men, high in office — if the establish- 
ment of a chain of military posts, in the interior of our coun- 
try — if the extensive preparations which are made in quar- 
ters, where invasion cannot be feared, and the total abandon- 
ment and neglect of that part of our country, where alone it 
can be apprehended, have excited our anxiety and alarm, as 
to the real projects of our rulers, these emotions have not 
been diminished, by the recent invasion, seizure and occupa- 
tion of the territory of a peaceable, and unoffending neigh- 
bour. 

If war must have been the portion of these United States 
— if they were destined by Providence, to march the down- 
ward road to slavery, through foreign conquest and military 
usurpation, your Remonstrants regret, that sucli a moment, 
land such an occasion should have been chosen, for the ex- 
periment — that while the oppressed nations of Europe arc 
making a magnanimous and glorious effort, against the com- 
mon enemy of free States, we alone — the descendants of the 
Pilgrims — sworn foes to civil and religious slavery, should 
voluntarily co-operate with the oppressor, to bind other na- 
tions in his chains ; that, while diverting the forces of one of 
his enemies, from the mighty conflict, we should endanger 
the defenceless territories of another, in whose ports the flag 
of our independence was first permitted to vvaT?, now strug- 
ISjling for existence, beneath his iron grasp. 



REiMONSTIiANCE, 

1f*ermU the Legislature of this Commonwealth, whose citi- 
lieps have been ever zealous, isi the cause of freedom, and 
who contributed their utmost efforts, for the adoption of that 
constitution, under which, in former times, we enjoyed so 
mach prosperity, most respectfully, but earnestly, to entreat 
and conjure, the constituted authorities of the nation, by the 
regard due to our liberties, to our union, to our civil com- 
pact, already infringed — to pause before it be to3 late. Let 
the sober, considerate, and lionorable ilepresentatives of our 
sister States, in which diiTercnt councils prevail, ask tliem- 
selves — - 

Were not the territories of the United States sufficiently 
extensive, before the annexation of L.i.iisiana, the ^ii'ojected 
reduction of Canada, and seizure of West Florida ? 

Had we not millions upon millions of acres of uncultivated 
wilderness, scarcely explored by civilized man ? 

Could these ae(piisitions be held, as conquered provinces, 
v/ithout powerful standing armies ? and would they not, like 
other infant colonies, serve as perpetual drains of the blood 
and treasure of these United States ? Or is it seriously intend- 
ed, to adopt the dangerous project of forming them into new 
States, and admitting them into the Union, without the ex- 
press consent of every member of the original confederacy ? 
Would not such a measure have a direct tendency to de- 
stroy the obligations of that compact, by which alone our 
union is maintained ? 

Already have we witnessed the formation and admission 
of one State, beyond the territorial limits of the United 
States, and this too, in opposition to the wishes and efforts, 
as well as in violation of the rights and interests of some of 
the parties to that compact — and the determination to contin- 
ue that practice, and thereby, to extend our republic, to re- 
gions, hitherto unexplored, or peopled by inhabitants, whose 
habits, language, religion and laws, are repugnant to the 
genius of our government, is openly avowed. 

Against a practice, so hostile to the rights, the interests, 
the safety of this State, and so destructive to her political 
power; so subversive of the spirit of the Constitution, and 
the very principles upon which it is founded ; your Remon- 
strants, in the name and behalf of the Commonwealth of 
Massachusetts, feel it their duty to eute^r their most deliber- 
ate and solemn protest. 

If an extensive, confederated republic is to be main- 



REMONSTRANCE. 539^ 

tained, and we most fervently pray that it may, it can only 
Ije, by a free communication of tiie grievances felt, and the 
evils apprehended, by any of its members : and by a prompt 
and liberal remedy. The same spirit of concession which 
dictated the formation and adoption of the Constitution^ 
should be kept in permanent and perpetual exercise. 

The blessings of government, its vigilance, its protection, 
its rewards, should be equally, and impartially distributed, 
and its burdens as equally, and fairly imposed. No portion 
of the Union ought to be .sacrificed, to the local interest, pas- 
sions, or aggrandizement of otliers. It canr.ot, hoAvever, l(»e 
denied, tliat causes have occurred, to disturb tlie balance, 
which, when adjusted, was intended to form the principal 
security of our present compact. But the remedy is in the 
power of Congress, and we look to their wisdom, for its elfi- 
cacious and speedy application. 

The chief motive which influenced the Eastern States to r- 
bolish the old confederation, and to surrender a great share of 
their own sovereign power, as appears by the recent history of 
those times, was tlie expectation, that their commerce would 
be better protected by the national government. 

The hardy people of the North, stood in no need of the aid 
of tlie South, to protect them, in their liberties. For this, 
they could safely rely, as they always liad done, on tlieir OA^n 
valor. But it was an important object with them, that every 
aid, faciiily and encouragement should be given to that com- 
merce, upon which tlieh' prosperity, almost exclusively de- 
pended. 

To ensure this great o])ject, a very unequal proportion of 
political power was conceded to tiie .Southern States. The 
representation of Slaves, was the price paid by the Nor- 
thern States, for the stipulated protection and eiicouragement 
of their trade, and for an agreement of the southern members 
of the Union, that the public burdens should be apportioned 
according to representation. Experience liowever, has pro- 
ved, that, although the contract, on our part, has been faith- 
fully fuliilled, both these considerations have utterly failed. 

indications of a spirit hostile to commerce were early visi- 
ble, among some of those w ho now control the destinies of 
our Republic. But tlie father of his country then presided 
in cur councils, and this spirit was vanquislied. Under the 
iniluence of the vvise, and liberal, and magnanimous system, 
adopted and pursued, by his administration, commerce wa? 



S40 REMONSTRANCE. 

indeed elierislied, extended, and protected ; and the stipu 
]atioiis of the Constitution were fulfilled, in sincerity and 
good faith. 

Since that period however, the same spirit has arisen, and 
has exhibited an unrelenting severity, in the exercise of its 
sway — until, at length, by series of restrictions, utterly de- 
structive of the calculations of the merchant — by prohibitions 
and double duties — hy embargoes and nou intercourse — and 
lastly, by war, the poor remains of that commerce, which 
o; ce covered the ocean with its sails, have been nearly an- 
nihilated. 

Nor has the other part of the consideration been better ful- 
filled^ — Taxation has never, except in a single instance, and 
that to one hundredth part only of the revenue raised under 
the Constitution, been apportioned according to representa- 
tion ; and with what reluctance it was then submitted to by 
the Southern Siates, and with what tardiness it was even par- 
tially collected, public records will determine. 

Of the two hundred and fiflecn millions of dollars, derived 
by the United States, under the operation of the Federal 
Governmeut, Massachusetts bas paid upwards of forty mil- 
lions — an amount beyond all proportion to her political 
Aveight in the Union. 

If therefore, the revenues derived from this Common- 
wealth, and paid into the national treasury, had been pre- 
served in her own, she would have been fully competent to 
her own defence, and would not have been obliged to solicit, 
nor experience the injustice of a refusal of tisc arms, for 
which she has long since paid, and which were her due from 
the Greneral Government. What good cause can be assigned 
for this refusal, your Remonstrants are wholly unable to de- 
termine. No discretion is, by law, vested in any oflicer of 
the government, in relation to this subject. Its provisions 
are simple, plain and peremptory. Your Remonstrants 
therefore, cannot but express their astonishment, that the 
State of Massachusetts, possessing a sea coast, more exten- 
sive and populous than that of any other State in the Union, 
a^id a defenceless frontier by land, should not only be en- 
tirely abandoned, by the government Avhqse duty it is to pro- 
tect iier, but sliould also be refused the arms, for her own 
defence, to which she is, by law, entitled. They cannot 
liowever, permit themselves to doubt, that Congress will 
forthv/ith adopt such mea^sures, as will render^ to this Com- 



REMOJSSTRANCE. 341 

moiiwealth, that justice which the executive department has 
refused. 

If the war. in which we have been rashly plunged, was 
undertaken to appease the res entment, or secure the favor of 
France, deep and humiliating must be our disappointment. 
For although tlie Emperor is lavish in his professions of" love 
for the American people/' applauds our ready self devotion, 
and declares "that our commerce and our prosperity are with- 
in the scope of his policy," yet no reparation has been made, or 
oifered, for the many outrages, indignities and insults he has 
inflicted on our government, nor for the unnumbered mil- 
lions of which he has plundered our citizens. And when 
we consider the course of policy pursued by our rulers, in 
their external relations, and commercial restrictions, from 
the prohibition of our trade to St. Domingo, to the declara- 
tion of war against Great Britain — that this course often receiv- 
ed his open approbation, and wasnotunfrequently, couforma- 
able to the system which he himself had adopted — when we 
consider also, the mysterious secrecy which has veiled the 
correspondence of the two governments, from our view — and 
above all, when we consider, that in many instances, the 
most important measures of our government have been anti- 
cipated, in Paris, long before they were known to the A- 
merican people, we cannot conceal our anxiety and alarm, 
for the honor and independence of our country. And we. 
most fervently pray, that the sacrifices we have already 
made, like the early concessions of Spain, and Portugal, of 
Prussia, and Sweden, may not be the preludes to new de- 
mands and new concessions ; and that we may be preserved 
from all political connexion with the common enemy of civil 
liberty. 

To tlie constituted authorities of our country, we have now 
stated our opinions, and made known our complaints. O- 
pinions, the result of deliberate reflection, and complaints 
" wrung from us, by the tortures of tJiat cruel policy" which 
has brought the good people of this Commonwealth, to tha 
verge of ruin. A policy v»'hich has annihilated that com- 
merce, so essential to tlieir prosperity — encreased their bur- 
dens, while it has diminished their means of support — pro- 
vided for the establishment of an immense standing army, 
dangerous to their liberties, and irrcconcileable with the 
genius of their Constitution — destroyed their just and consti- 
tutional weiglit, in the General Government — and, by in. 



3t2 REiMONSTRANCE, 

Yolving tlieni in a disastrous v/ar^ lias placed in the power of 
the enemy, the control of tlie fisheries ; a treasure of more 
value to the country, than all the territories, foi* which we 
are contending, and which furnished the only wesns oi" sub- 
sistence, to thousands of our citizens — the great nursery of 
our seamen — and tlie right to which can never be abandon- 
ed, by New England. 

Under such circumstances, silence towards the govern- 
ment would be treachery to the people. In making this 
solemn representation of our sutferings, and our dangers, we 
have been iniiuenced, only, by the duty wJuch we owe to oar 
constituents, and our country, to our consciences, and ths 
memory of our fathers. And to the Searcher of all hearts 
we appeal, for the purity of our motives, and the sincerity of 
our declarations. 

Far from wishing to embarrass the administration, in any 
of their negotiations for peace, we cannot but express our 
regret, that they should not have evinced a sincere ^lesire, 
for this great object, by accepting some of the repeated over- 
tures, made by the enemy, for the suspension of hostilities. 
— And permit us, in conclusion, most earnestly to recpsest, 
that measures may immediately be adopted^ to stay the s A'ord 
of the destroyer, and to prevent the further effusion of bureau 
blood; that our invading armies may be forthwith recalled 
within our own territories ; and that every effort of our ra- 
iers may be speedily directed to the attainment of a just and 
honorable peace ; that mutual confidence and commerci:.! 
prosperity may again be restored to our distracted and suf- 
fering country ; and that by an upright, and faithful admin- 
istration of our government, in the true spirit of the constitu- 
tion, its blessings may be equally diffused, to every portion, 
of the Union. 

iX THR HOUSr- OF UF-PHESl^N TATIVES, JUNK 14, 1S1.5. 

Read and accepted. Sent up for concurrence. 

TIMOTHY BIGELOW, S^eaJcer. 

IN" SI'-XATi:, JUN'i: 15, 1813. 

Read and concurred, 

JOHN VBIULIVS, President. 



REMONSTRANCE. g4S 

Commonwealth of MassachuseMs. 

IN THE HOUSE OT REPRESENTATIVES, JUNE 16, 1813. 

Ordered, That the Hon. the President of tlie Senate and 
the Hon. the Speaker of the House of Representatives, be, 
and they herel)y are requested forthwith to transmit to the 
Senators of this Commonwealth, one copy of the Remon- 
strance of this Lei^islature, to the Congress of the United 
States, and one copy thereof to the Representatives of this 
Commonwealth in Congress, duly auihentieated, that the 
same may be presented to the respective houses to Avhich 
they belong. Sent up for concurrence. 

TIMOTHY BIGELOW, Speaker. 

IN SENATE, JUKE 16, 1813. 

Read, and concurred. 



J0H:N^ PHILLIPS, President, 



COMMONWEALTH OF MASSACHUSETTS. 



, SecreUir/s Office, Ocioher Cth, 181 j. 

B_v this 1 ceilify, thut the printed coi)ies of tlie Resolves (contiiiiied in iliis-Paniiihlct^ 
passed by the (leneiiii Court, nt liieir Session in June, 1813, have been examined and co;t!- 
pared; in this Office, uilh tiie origitisls, aiul appear to be correct. 

ALBEX BRADFORD, 

Secvetav" nf tJ,'; Cominonveahh, 



INDEX 

TO RESOLVES PASSED JUNB, 18iS. 



A. 
ADAMS, PAUL, and others, authorized to make application 

for a Jury, * - - - - 258 

Adjutant General, to prepare a system of discipline for artillery, 288 
Agents for the Sale of Eastern Lands, resolve making grants for 

their services, ----- 290 

Allen, William, Reverend, allowance to him for electioii sermon, 249 
Atkinson, William, and partners, resolve on their petition, for 

allowance, - _ _ - - 269 

B. 

Barrett, Ruthy, and others, authorizing T. L. Jennison to exe- 
cute a deed, - - . - - 266 

Barber, Charles, authorized to sell estate of minors, - 261 

Bass, D. Joseph^ resolve on his petition, for the heirs of Edward 

Tyler, - - -' - - - 272, 

Brown, Samuel, allowing him SllO 80, for services in the re- 
volutionary war, - - - -• - 28 1 

Buckstown, resolve to pay them for supplies, furnished the mi- 
litia at Eastport, - - _ . 255 

Burgess, Jonathan, a soldier, S215 84, allowed to him, 265 

C. 

Canal Bridge, Solictor General directed, respecting indictments, 

against the Proprietors of, - - - - 276 

Castine, any one Justice of Supreme Judicial Court may hold 

the next terra there, . - - - 260 
: Treasurer directed to pay them S53 32, - - 263 
Chamberlain, Joshua, S28, granted him for expences, 281 
: : and others, granted pay for travel, &c. 2'S4- 
Charlestown, Representatives of, resolve fur paying them, 27^ 
Churchill. Elizabeth, granted sl74 36, due her late husband, 282 
Clark, William, and Isaac, to execute a deed, - - 282 
Clerks of the two Houses, resolve for paying them, - 285 
: in the Secretary's and Treasurer's offices, their pay estab- 
lished, PM 

36 



UNDEX. 

©ommitfee on Accounts, resolve for paying them, - 286 

: : Roll >o, 69, - « - 279 

Cooke, Joseph, S. authorized to sell estate of Jonathan Cooke, 258 

Council and Legislature, pay established, - - 250 

D. 

Donnison, "William, resolve granting him !S250, - 259 

Dorchester, Assessors of, authorized to asses a tax, - - 250 

Downs, Shubael, Treasurer, authorized to pay, - 279 

Dukes' County, tax granted, - - - - 255 

E. 

j^astern Lands, Agents, resolve making grants for their services, 290 
JElection sermon, S50, granted to the preacher of, - 249 

F. 

jFrost, John, discharged from an execution, - - 252 

G. 

Governor, sp^ch to both Houses of the Legislature, - 223 
; answer to, of the House of Representatives, - 233 
: : of the Senate, - - - ,241 
: Lieutenant, Secretary and Treasurers' salaries esta- 
blished, ----- 262 

H. 

Hall, Abiel, and Andrew Roberts, compensation allowed them, 264 
Hamlin, Cyrus, resolve for staying execution against bondsmen 

of U. Learned, - ' - - . - 271 

Hammond, Charles, S126 50, granted, for laying out road, 273 

Hill, Wiggins, authorizing a lot of land to be conveyed to him, 266 

I. 

Indians, Marshpce, overseers of, to reconvey certain rights to 

JN. Brown, ----- 261 

IngorsoU, Nathaniel, and John Hodgdon, further time granted 

to settle a township, _ _ - - 275. 

J. 

Jenkins, John, S190, granted to complete the publication of his 

art of writing, - - - - - 287 

tTones, John C. Judge of Probate, for Suffolk, authorized &c. 291 



MDEX. 
K. 

Kuhn, Jacob, resolve granting him an addition of S350, to his 

jjalarj, - - - - - - 280 

: ^ resolve granting him SIOOO, to purchase fuel, 286 

L. 

Ladd^ Samuel, G §71 T5, allowed to build a gun-house at Hal- 
lo well, ' - - , - - 259 
Lands, non-resident, in Hampshire and Berkshire, resolve for 
. publirihing m pap. rs at Springfield and Northampton, re- 
pealed-, . ' .. . - - - 281 
liapham, S;^lvanus- addilio'tal pay granted, - - 283 
Laws, t'doity, lesoive for procuring 1000 copies, - - 276 
Legislature, pay established, . - , - 250 
Leighton, Saniucl, and others, assessors of Eliot, resolve on peti- 

riou of, - - - - , 257 

lock. Ward, assistant to messenger of the council, pay granted, 289 
Low, J<VM\. $35. granted, - " - . - - 289 

Jyunl, Daniel, 'ouHnittee on eastern lands, to convey islands, 267 
Lynn, S109 75, granted, for supporting Molly Babbitt, 288 

M. 

Metcalf,Theron, Esq. S 125, granted, - - - 286 

Mihtia, "elements of war," to be purchased for, - - 274 

JMilton, Kobert, ^50, granted, - - - . 287 

N. 

Notaries Public, three t^he elected for Salem, - - 249 

o. 

Oxford County, tax granted, - - - - 256 

P. 

Paris, records, &c. confirmed, - - - - - 251 

Perry, John, and Warren Chase, additional pay allowed, 283 

Pittston, further time allowed to complete a Bridge, - 256 

•Portland, doings of third congregational parish confirmed, 250 

: Assessors authorized to assess a tax tor a watch, 252 
Powder, Boston, Dorchester and Brooklin, may be deposited in 

the htate magazine, ----- 284 

Pownal, authorized to expend their State tax on their roads, 273 



Q. 

Quarter Master General to contract for gunners' quadrants, 288 

R. 

Remonstrance against the present war, - - - 323^ 
Report relative to the extension of the territorial limits of the 

United States, ----- 310 

: : to tire arms due from do. - - 319 

Richards, John, and others, time for selling lands extended, 270 
Ripley, Ezra, doings as executor of the will of Abigail Dudley, 

made valid, - - - . « 253 

Russell, Benjamin, appointed State printer, - - 2M 

Roxbury, first parish, to choose assessors^ - - • 257 

S. 

Secretary discharged from $7350 80, - - • 277 

: salary, ------ 262 

Sea-Coast, report and resolve relative to defence of, - 292 
Solicitor General directed relative to Treasurer Skinners' bonds- 
men, -..-_, 263 
: : glOO granted for informations against officers in 

Hampden, - - - 263 
: : to consent to coatinuance of indictment of pro- 
prietors of canal bridge, - 276 
Spring, Selh, and others, Treasurer to suspend suit, - 284 
State Prison, appropriations, - - - - 278 

Sullivan, William, D. Sargent to convey lands, • - 267 

T. 

Tax poll reduced, - - - - - 271 

Thompson, liobert, ard others, militia at Eastport, grant, 278 

Treasurer to obtain and sell a note of the state of Georgia, 254 

Commissioners to settle his accounts, - 272 

: to pay Shubael Downes money for the use of others, 279 

: to recover lands of Leonard Jarvis, Esq. - 291 

: salary, ------ 262 

Treat, Robert, further time for paying interest on bond of Jo- 
seph Treat, granted, - - - . 280 
Tower, Steplien H (Page,) pay granted, - - - 189 
Trowbridge, William, affidavit made valid, - *■ 269 

W. 

Walcutt, Thomas, S125. granted, . - - 285 

Wendell, Oliver, authorized to sell estate of Jacob Wendell, 277 



RESOLYES 



OP TWE 



GENERAL COURT <► 



OF THE 



Commontoealtl) of ^ajS.^atlju^f ttjS^ 

PASSED AT THEIR SESSIOIS, 

WHICH COltMENCED ON WEDNESDAY, JANUARY 12tH, AND ENDEU 
FEBRUARY SStH, 1814. 



PUBLISHED AGBEBABLY TO A RESOLVE OP JANUARY 16th, 1812. 
— »» Q«-» 
f 




BOSTON : 

PRINTED BY RUSSELL, CUTLER ANB CO. 



1814'. 



RESOLVES 



OF THE 

General Court of Massachusetts, 

PASSED .IT THEIR SESSIOX, 

C'OJUMENCING ON THE TWELFTH OF JANUARY, AST) ENDING 

ON THE 38th day of FEBRUARY, A. D. iSlJ,. 



GOVERNOR'S SPEECH. 



REPRESENTATIVES" CHAMBER, JAN. 13, 1814, 

..At 12 o-dockf fJie Senators attended in the Representatives" 
Cliamher, agreeably to assignment^ when His Excellencij 
the Governor came in, accompanied by his Council, the 
Secretary of the Commonwealth, and other ojfic-ers of go. 
ifernmentf and delivered the following 

SPEECH : 

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

OUR meeting at this time will excite the mournful 
reflection, that we have lost a most able and useful magis- 
trate by tlie death of the late Chief Justice. His pre-emi- 
nent talents as a lawyer, and his inflexible uprightness as a 
Judge, were aclinowlcdged by all that knew him. But to 



340 GOVERNOR'S SPEECH. 

you, gentlcnieu, tlie euiimeration of his attainments ami ser- 
vices will be unnecessary — the regret of the public, and the 
unfeigned grief of his friends and acquaintance accompanied 
him to the grave. May the members of that profession, to 
which he was so illustrious an ornament, do honor to his ex- 
ample and memory by imitating his virtues. 

Since your former session, I have received fifteen hundred 
stands of arms, which wore delivered by order of the Secre- 
tary of War, conformably to the Act of Congress, making 
provision for arming the militia of the United States. The- 
arms have been deposited in the public arsenal at Cambridge, 
and are ready for distribution, under such regulations as shall 
be prescribed by the Legisla,ture. Pieces of ordnance and 
other suitable munitions of war have been sent to those towns 
on the coast, which were thought most exposed ; and a num- 
l3er of small arms have also been distributed, which had been 
purchased by virtue of the resolve of the S7th of February 
last. An account of the measures taken by the Executive 
under the resolve of the iGtli of June, and the annual return, 
by ^he Adjutant- General of the militia of this state, will be 
laid before you. 

The Court of Common Pleas for the middle Circuit has 
made a representation to the Governor and Council, that the 
security, which the law requires of Coroners, was, in some in- 
stances, given a long time since — that their sureties may be 
dead, or have become insolvent ; and that in actions of re- 
plevin against Sheiiffs for large quantities of goods,^ and ia 
many other cases, the public are not secure : And that the 
Courts of Common Pleas have no authority by law, to require 
Coroners to give new^ security, when the former has become 
insufficient. As the Legislature can provide the most conve- 
nient and effectual remedy in this case, the Council advised 
me to transmit the above representation to the two Houses. 

Tlie right of fully investigating political subjects and of 
freely expressing our sentiments in relation to them, is se« 
cured to us by our Constitutions, and is essential to the pub- 
lic safety and the preservation of a free government : With- 
out the exercise of this right, the most oppressive laws would 
not be repealed, nor the most grievous abuses reformed ; and 
whoever attempts to invalidate this privilege, wiiatever name 
he assumes, is not a friend to republican liberty. 

When the government of a nation engages in a war that 
is unjust or unnecessary, the people are bound, notwithstand-* 



GOVERNOR'S SPEECH. 547 

ingj to submit to the. laws which are enacted agreeably to the 
Constitution ; and are justified in defending themselves a- 
gainst hostile invasion. If they do nothing more, tlie go.- 
vernment alone is answerable for all the sufferings endured 
or inflicted. But though, at the first view, almost every man 
is shocked with the idea of war, as a violation of the ob- 
vious principles of humanity ; yet there is danger, that frojoi 
the continuance of it, or from selfish considerations, a sense 
of justice and the influence of moral principles will be lost 
among the people. In the tumult of arms, the passions of 
men are easily inflamed by artful misrepresentations — they 
are apt to lose sight of the origin of a contest ; and to forget* 
either in the triumph of victory or the mortification of defeat,- 
that the whole weight of guilt and wretchedness occasioned 
by w ar, is chargeable upon that government which unrea- 
sonably begins the conflict, and upon those of its subjects, . 
-who voluntarily, and without legal obligation, encourage and 
support it. 

If the British orders in council were a principal cause of 
the present war, we had the utmost reason to expect, that 
when those orders were revoked,and an armistice was propo- 
sed with a view of opening the way to an accommodation, that 
proposal would have been readily agreed to. But the revo- 
cation of the orders seemed to produce no eifect on the mea- 
sures of our administration. And though the British go- 
vernment had often declared, that those orders should be re- 
voked when the French decrees were repealed — ^though they 
were revoked as soon after the repeal was notified as tire 
then deranged state of the British ministry would permit, 
and though in the act of revocation the repeal of the French 
decrees was assigned as the cause of it; yet an attempt has 
been made to convince the people of this country, that the 
British orders were not revoked in consequence of the repeal 
of the French decrees, but from the pressure of our restric- 
tive system. This attempt seems to exhibit a want of fairness, 
and a disposition unfriendly to peace with Great Britain. 

Nor can we readily believe that the war was declared, or 
is carried on for the protection of our native seamen. The 
states which produce them well know, that the numlier im- 
pressed by British ships has been grossly exaggerated — that. 
the British government has uniformly disclaimed any right 
to impress them — that when impressed they liave been dis- 
charged, when their citizenship was ascertained ; and that 



3'4S GOVERNOR'S SPEECH. 

the mimbei' of British seamen employed by us, has at all 
thnes been far greater than those of all nations who have 
Ijecn impressed from our vessels — -No class of men has suf- 
fered more by the war than our gallant native seamen ; they 
have been more injured in one year of hostility than they 
ever v»'ere, or probably would have been by British impress- 
ment. They are eminently distinguished for bravery and 
naval skill, and whenever their services can be useful to 
their country, they will do all that men can do. But their 
number is diminishing, and during the war must continue to 
diminish, from the annihilation of their ordinary business, 
as well as from the immense superiority of force employed 
against them. 

If we are contending for the support of a claim to exempt 
British seamen from their allegiance to their own country, is 
it not time to inquire whether our claim is just ? And if the 
justice of it was apparent, whether the course we are pur- 
suing has any tendency to establish it, and to change the o- 
pinions and laws of the states of Europe ? So far as the war 
is carried on for this purpose, or to protect neutral merchant 
ships from search by belligerents, it seems to be equally op- 
posed to our own principles and practice, and the established 
rules and usages of other nations. 

The late act of the national government, interdicting the 
trade coastwise between different parts of the same state-i 
SIS well as between the states respectively, and with all for- 
eign nations, contains provisions of such a character, as makes 
it worthy of an inquiry, whether any measures can be pro- 
perly adopted by this government, which would be likely to 
induce Congress to repeal them, or to amend them in such 
manner as to render their constitutionality less questionable. 

The friends of peace are accused of being under British 
inlluenee ; but their accusers ought to reflect whether par- 
tialities of an opposite kind have not produced the evils we 
suRer ; and whether, if our conduct towards both belligerents 
liad been impartial, a war with either would have been 
thought necessary. We had assumed the character of a 
sieutral nation : but had we not violated the duties imposed 
by that character? had not every subject of complaint against 
one belligerent been amjjly displayed, and those against the 
other concealed or palliated ? and had we not in the former 
case been remarkably sagacious in discovering insults, and 
equally solicitous in the latter to keep them out of sight ? It 
has indeed been suggefsted, that w« have ;io connejpqn with 



GOVERNOR'S SPEECH. ' 3W 

ii'i'aiice in regard to the present War : But wlien England 
and France were engaged in a most arduous struggle, and 
we interfered and assaulted one of them, will any man doubt 
our intention to assist the other ? Some connexion seems al 
go to be implied in the proposal, which was made by the 
French Emperor, that the Congress of Prague should h?. 
composed of Plenipotentiaries from France, the United States, 
Denmark, and the other allied Princes on the one liand ; 
and the Plenipotentiaries of England, Russia, Prussia, and 
their allies on the other. 

Previously to the French revolution, there was seldom an 
instance in the history of civilized nations, in which a Prince, 
or Government engaged in war without alledging reasons to 
justify the measure ; and though in some cases the motives ta 
the war were unjust, the reasons assigned were specious, 
and in pretence at least were founded in necessity. But the 
F'rench Emperor has thought fit to dispense w ith these forms, 
and to wage war without even a pretence of injury. The 
glory of tlie Prince or the convenience of the great nation, 
have been deemed sufficient grounds for subjugating, one af- 
ter another, the states of Europe ; and so far as the inilu- 
ence of that government extends, a species of political mo- 
rality has been introduced, which annuls the distinction be- 
tween power and right, and authorises a government and 
its subjects, whenever they are able, to subdue or destroy 
the neighbouring states. How extensively this system of 
morals has been adopted, it is impossible to say : But we 
have seen the rapacious and dcsolatingprogressof theFrenclf 
government approved by Americans, and have been often 
told it would be convenient for ns to expel the Indian tribes 
to a still greater distance, and to conquer the adjoining pro- 
vinces of Great Britain and Spain, and annex them to the 
United States. There was some ground to hope that the 
events of the Russian campaign might incline tlie French 
rulers to call in question the policy, if not the justice of their 
predatory system, and induce them to renounce those false 
and fatal principles^ which have been injurious to their own 
nation, and destructive to the peace and happiness of the 
world: Had such been the case, the disasters they met vnih 
might eventually have proved beneficial even to themselves ; 
for no people are less to be envied than they who prosper in 
a course of deceit and violence, and whose retribution is de- 
ferred till repentance can afford no relief. 



350 GOVERNOR\S SPEECH. 

As we are unable to ascertain the motives, by wliicb the 
government is actuated in prosecuting the war, we can form 
no opinion concernins; its probable duration. Peace, how- 
ever, must be ardently desired by the people of this Com- 
monwealth, as the present state of things is unfavorable to 
their morals and ruinous to their prosperity ; and besides, a 
large national debt has been already incurred, and is contin- 
ually increasing, which will probably have the same contin- 
uance as the union of the states ; and must entail upon the 
present generation and their posterity the burdens of direct 
and oppressive taxes. 

But though our fellow citizens have suffered greatly in 
consequence of the war^ by the loss of property on the ocean, 
and by an almost total interruption in their fisheries and other 
maritime pursuits, and the difficulties they have met with in 
conveying necessary supplies from one part of the coast to 
another ; yet we have abundant cause of gratitude for the in- 
ternal order and tranquility which have prevailed through 
the state, and the plentiful harvest with which the Almighty 
lias been pleased to favor us, the past year. May we bo 
solicitous not to abuse the gifts of his bounty by a pernicious 
or prodigal use of them. 

CALEB STRONG. 

Council Chamber J January i% 1814. 



- ANSWER 



OF THE 

HOUSE OF REPRESENTATIVES. 



sMay it pleuse your Excellencijy 

THE House of Representatives sincerely condole 
with your Excellency in the loss *vhich the Commonwealth 
has sustained by the death of the late Chief Justice^ whosci 
private character was adorned by all the virtues of domes- 
tic life, and whose genius and erudition, displayed in the per- 
formance of his official duties j form a distinguished aira in 
the jurisprudence of Massachusetts. 

The people of this Commonwealth, by the seasonable as- 
sertion of their right to investigate political measures, have 
checked a disposition manifested in some portions of our 
country, to stifle fair inquiry, to suppress the freedom o^ 
speech and of the press, and thus to protract the evils of 
misgovernment, and screen the errors or vices of a ruling 
party from exposure. 

We are glad to be informetl that a portion of the arms, 
which this state is entitled to receive from the general go- 
vernment, has at length been supplied; andshall inquire in- 
to the causes of the neglect which has prevented the state 
irom receiving the whole number intended for it by law- 
While the privations and burdens of a war, deemed by 
the great portion of our fellow citizens to be both wicked and 
unjust, and by a still more nunlerous class, wanton and inex- 
pedient, have been sustained with a patient respect for con- 
stitutional principles, its origin ought not to be forgotten. — - 
It should, on the contrary, ])e held in perpetual remembrance, 
as a warning to a once deluded people, against yielding to 
the dominion of passions, of which a weak or wicked ad- 
ministration may take advantage to involve them in the deep- 
est national calamity. 

The British orders in council, and the casual abuses a- 
rising from the practice of impressment, have ceased to be 
considered by impartial men as the causes of the present war. 



Sjs answer of the house. 

—^Tiiese were probably mere pretences for precipitating tlicj 
nation into the gulph of a fatal policy, to the verge of which 
its authors had been impelled ])y their own passions. The 
real causes of tlie war must be traced to the first systemati- 
cal abandonment of the policy of Washington, and the friends 
and framers of the Constitution ; to implacable animosity a- 
gainst those men, and their universal exclusion from all con- 
cern in the government of the country — To the influence of 
worthless foreigners over the press and the deliberations of 
the national government in all its branches — To a jealousy of 
commercial states, envy of their pTosperity, fear of their 
power, contempt for their pursuits, and ignorance of their 
true character and iraporiance — To the cupidity of certain 
states for the wilderness reserved for the miserable abori- 
gines — To a violent passion for conquest, «xid an infatuated 
persuasion that neighbouring provinces were enamoured of 
our institutions, and would become an easy prey tot he arts 
and arms of raw and boastful adventurers : and above all, to 
delusive estimates of the relative power and resources of 
France and Great Britain, and a determined hostility to- 
wards the latter.as the firmest basis of party power. These 
will yet be viewed by the present generation and by posteri- 
ty as the sources of our evils ; and the pretence of aiming to 
secure the freedom of commerce and of seamen, by regula- 
tions w hieh compel both merchant and sailor to renounce 
the oeeanand their professions, will be regarded as the bold- 
i\st delusion ever attempted, by a ruling party, upon the cre- 
dulity of an intelligent people. 

The recent act of the national government, interdicting 
commerce, under the name of an embargo, has filled our 
minds w'ith great solicitude for the fate of our country and its 
liberty. The authority possessed by that government, in re- 
lation to this subject, must be derived either from the gene- 
ral power *^ to make war,^' or from the elausc in the consti- 
tution, w hich gives power to Congress " to regulate com- 
merce with foreign nations, and among the several states, 
and with the Indian tribes." Under color of an authority, 
defined in these intelligible terms, aright is claimed and ex- 
ercised by Congress^ of prohibiting not only all foreign com- 
merce in American vessels, but the coasting trade ; and (so 
far as Massachusetts is concerned) all intercourse by water, 
between different parts of the same state. Such a construc- 
tion is a violation of the constitution, w hicli renders it an in- 



ANSWER OF THE HOUSE. 353 

strument of slavery rather than of mutual defence and securi- 
ty. An embargo of this character, and intended for at least 
one year's duration, is not a regulation, but an extinction of 
commerce ; and it is v/orse than useless for the objects of 
war, as it destroys the resources which are indispensable foF 
its success. It absolves from the obligations of citizens, all 
those who are disqualified by its arbitrary provisions front 
enjoying their rights, or fuliiiiing the duties of citizens. 

In reviewing the instructions given to the officers entrusted 
with the execution of this act, we avow with pain and alarm, 
our persuasion that they are at open variance with the first 
principles of constitutional and civil liberty. — The inhabi- 
tants of distant parts of this Commonwealth are debarred 
from all communication with each other by water — the fish- 
erman, Miiose immhle and arduous employmeut is generally 
encouraged by ti.e public enemy, can no longer pursue his cal- 
ling. The ship owner cannot sell his ship without restraints 
equivalent to a prohibition, however urgent the claims of his 
family or his creditor. — The paltry traffick which is still per- 
mitted, is left to the mercy and caprice of custom-house of- 
ficers and their substitutes — a power of seizing money and 
effects, upon vexatious pretexts, or vague suspicion and un- 
der the most innocent cicumstanees, is vested in men depend- 
ent on executive fiivour, and too often destitute of discretion 
and principle — a system of perfidy, and breach of trust is 
explicitly recommended to the practice and adoption of the 
officers of banking institutions towards those who deal with, 
them upon terms of implicit honor and confidence. And to 
enforce tliese outrageous provisions and others of the same 
stamp, and involving great danger to personal liberty in va- 
rious instances, the military and naval force of the United 
States is placed at the disposal of petty officers, and the lives 
and property of the citizens subjected to the controul of bay^ 
onets and cannon. — With these impressions, we are under 
a solemn conviction that the time has arrived, in which it is 
Incumbent on the people of this state, to decide whether these 
burdens are not too grievous to be borne; and to prepare 
themselves, for the great duty of protecting, by their own 
vigour, tlieir unalienable rights, and of securing for them 
selves at least, the poor privilege of mutual intercourse by 
water as well as by land. 

Amidst the gloom which surrounds our once happy coun- 
try, we cannoi; forbear to congratulate your excellency, upor^ 



^54 ANSWER OF THE HOUSE. 

the probable emancipation of the continent of Europe from 
the tyranny which has so lately overwhelmed that fair portion 
of the globe—a tyranny which has proved fertile in trouble to 
our own country, and whose influence, had become the sub- 
ject of the most distressing apprehension to our best citizens 
and statesmen We trust that this influence which had be- 
guiled the affections of the deluded people of so many na- 
tions, and enervated tlie courage and corrupted the hearts of 
their rulers, will soon cease to be formidable ; and that its 
declension will be universally followed by the ascendancy 
of ancient maxims, and tlie adjustment of that balance of 
power, in which it is now apparent that this nation cannot 
be entirely uninterested. 

It is indeed a subject of humbling and bitter reflection, 
that the United States have lost a fair occasion of demon- 
strating to the old world their capacity of keeping aloof from 
its conflicts, and of commanding the respect instead of incur- 
ring the censures of nations engaged in a struggle for the 
rights of mankind. While liberty and peace, and the inter- 
change of the comforts and conveniences of life are restored 
io those desolated nations, and their hearts overflow with 
gratitude and joy for tlieir deliverance from oppression, we 
are excluded ifiom this happy community, and must appear 
in h ir eyes as a self-imprisoned nation, willing to receive 
the chains which they have broken, and to impose upon our- 
selves from choice, miseries, which have driven them to ex- 
ert the energy of despair. 

By tiie astonishing reverse of fortune, which has befallen 
the Emperor of France, Great Britain is raised to an eleva- 
tion of power, which no event within the reach of any proba- 
ble calculation can endanger or impair. It should afford 
satisfaction to those, whose hostility has been influenced by 
the belief, that moderation in her councils could be expected 
only from misfortune and defeat, to perceive that this com- 
manding attitude has not impaired her disposition to an ac- 
commodation with our country ; that in the day of her most 
splendid triumph, her magnanimity keeps pace with her 
power, and that she offers to give us that peace, which she 
conquers from all other enemies. We sincerely rejoice to 
be informed, that her pacific overtures have been embraced 
by our government, and that a negoeiation for peace will 
|oon be commenced. 



ANSWER OF THE HOUSE. 355 

Tliis pacific measure would afford us encouragement, if 
the circuitous course and needless delay attending the Rus- 
sian mission, and the present warlike preparations of im- 
mense loans and bounties, and new levies of troops, did not 
compel us to fear that the desirable event of peace is yet at 
a distance. 

For a successful issue, however, we do not conceal our 
most ardent wishes, nor can we doubt of the event, if con- 
ducted in a spirit of sincerity and good faith ; and it is 
only after the failure of an attempt to negociate, prosecuted 
with evidence of these dispositions on the part of our admin- 
istration, that any voluntary support of this unhappy war can 
be expected from our constituents. 

The various local subjects, referred to our consideration 
by your excellency, shall receive the attention which their 
importance requires. And we most cordially unite in our 
sentiments of reverence and gratitude to the Supreme author 
of all good, under whose smiles, the labour of the husband = 
man has prospered, and the internal tranquility of the state 
has been preserved. 



ANSWER OP THE SENATE. 



»9«e[CI9»ewi»-^ 



May it ])lease your Mxcellency, 

THE Senate of Massaclmsetts are impressed, not 
less than your Excellency, with the loss, which learning, vir- 
tue and patriotism have sustained, hy the death of the late 
Chief Justice of the Commonwealth. Such an event, at all 
tim&s to be lamented, is, in an especial manner, to be de- 
plored at a period like the present, when the embarrassment 
of public aft'airs and the unexampled exigencies of the state, 
require all those transcendant talents and that extraordinary 
Urmness and zeal, in the cause of constitutional liberty, for 
which that great man was distinguished. 

It is a source of satisfaction to the Senate, to be informed 
that a proportion of the arms, of right belonging to this Com- 
monwealth, under the provisions of a law of Congress, have 
been received ; and to find that the resolution of the 16th of 
June last, asserting the right of the Commonwealth, and 
taking measures to correct the delays in executing that law, 
Avhich had occurred in the department of war, has been thus 
fa,r cifectuaL Whatever legislative provision may be re- 
quired, either in relation to these arms, to the militia, or to 
the new securities to be demanded of Coroners, shall re- 
ceive from the Senate, all that consideration which is due 
to the importance of those subjects respectively, and to the 
recommendation of your Excellency. 

The Senate of Massachusetts, justly appreciate the wis- 
dom and seasonablcness of those principles, touching tho 
right of fully investigating political subjects, and freely ex- 
pressing our sentiments, in relation to tliem, to which your 
Excellency has been pleased to recur, Under every form of 
civil liberty, this right, as being a part of its essence, must 
be very dear to a free people. But peculiarly precious 
must it be to that people, whose political liberty is depen- 
dent upon the observance of articles of compact, among 
independent states and sovereignties. In associations of this 
kind, the people of each associated state have two chief se^ 



ANSWER OF THE SENATE. 357 

ciirities for their independence ; the right of discussing puh-i 
lie measures, inherent in the individual ; and, under specified 
exceptions, the right of directing the force of the militia, in- 
herent in the state. Neither of these securities can exist 
long, without the other. Freedom, under such a political 
compact, cannot exist at all, without hoth. It is to he ex- 
pected, therefore, that all unwarrantable designs upon the 
constitution of such a country, will he preceded, or accom^ 
panied, by attempts to deprive the individual of the one right 
and the states of the other. When such designs are sus- 
pected, much more when they are avowed and apparent, ifc 
is the duty of the constituted guardians of the ssrfety of a 
people to call them to a frequent and vivid contemplation of 
those principles, which are essential to the existence of their 
liberties. 

And, may it please your Excellency, in the apprehension 
of the Senate, this duty is as incumbent and imperious in a 
state of war, as in any other ; — the common place doctrine, 
that, in a state of war, union among the people is essential 
to the success of a government, being, necessarily, subordi- 
nate to the fundamental doctrine, that, in every state of 
things, in a free country, the right of discussing public mea- 
sures is essential to the liberties of a people. Nor does that 
incompatibility exist between the duties, which, in such ca- 
ses, a people owe to a government, and those, which they 
owe to their own liberties, as the advocates of an uncondi- 
tional surrender of private opinion to the will of an admin- 
istration are apt to suggest. 

Divine Providence has established no such incongruity 
among different moral duties. It can never be necessary 
that men should become hypocrites, in order to be patriots ; 
nor that they should forget what they owe to God, in order, 
rightly, to fulfil what tliey owe to their country. 

If a war be just, and the conduct of it be wise, the tenden- 
cy of discussion can be nothing else than to strengthen a go-' 
vernment, by* opening occasions for a frequent and distinct 
elucidation of its virtue and capacity. But if the character 
of a war be the reverse of this ; if mischievous ends be pur- 
sued with disproportionate means ; if schemes of personal 
ambition or local aggrandizement be concealed under pre- 
tences of a mere popular and colorable aspect, then, indeed, 
it is to be expected, that such an administration will shrink 
from investigation : v,'i]l, as often as possible, shut out the 



358 ANSWER OF THE SENATE. 

J)eople from its deliberations, and will teach its instruments 
to represent a state of things, iu which it dare not have the 
light, as one in which the light ought not to be endured, — 
There can be no surer criterion, that the projects of ruler^ 
are incompatible with the safety oi a people, than an attempt 
to seize powers inconsistent with the very nature of a fre© 
constitution. 

The sentiments your Excellency has been pleased to ex- 
press, touching the causes of the present war and its char- 
acter, are entirely coincident with those entertained by th© 
Senate of Massachusetts. But in a peculiar manner, is the 
Senate impressed with the importance of those suggestions, 
in relation to the duty of.a people, involved, as are the peo- 
ple of Massachusetts, at this day, in an unjust and unneces- 
sary war. Beyond that submission, which laws enacted a- 
greeably to the constitution make necessary, and that self-de- 
fence, which the oblig'^tiou to repel hostile invasion justifies, 
a people can give no encouragement to a war, of such a char- 
acter, without becoming partakers of its guilt, and render- 
ing themselves obnoxious to those just retributions of divine? 
vengeance, by wliich, sooner or later, the authors and abet- 
tors of such a war will be, assuredly, overtaken. It becomes^ 
therefore, all true lovers of their country to consider, lest 
by any act, having relation to such a war, or to those enga- 
ged in it, they incur the crime of those, " who voluntarily 
and without legal obligation, encourage and support it^" 

If any of the good citizens of this Commonwealth have 
been so far misled by specious professions, as to believe that 
the protection of seamen and the maintenance of the rights 
of commerce were the real objects of this war, tlie events 
which have occurred, aud the manner in which it has been 
conducted, must have, long since, undeceived them. As 
your Excellency has oliserved, ^^ no class of men has suffer- 
ed more by the war than our gallant native seamen. They 
have been more injured, in one year of hostility, than they ev- 
er were, or probably would have been by British impress- 
ments. Their number is diminishing, and during the war, 
must continue to diminish." From the relative state of our 
naval power, compared with that of Great Britain, a result of 
this kind was foreseen and foretold, and, therefore it is rea- 
sonable to conclude was such as its authors intended. A war, 
ostensibly for seamen's rights, has, in a manner, swept that 
whole class of men from the ocean. A war, avowedly, foF 



ANSWER OF THE SENATE. 359 

the l^ights of commerce, has been so managed as to leduee it 
to a state, in which it has no rights ; or which is equivalent 
to having none. For it has eventuated in a doctrine, that, 
under the power to regulate commerce, Congress have a right 
to annihilate it ; and in a practice conformable to that doctrine. 
This doctrine and practice, if admitted to become a precedent 
and to be received as a principle, in the proportion of polit- 
ical power, at present existing among the associated states, 
and the preponderating influences of the interests, hostile to 
commerce, will reduce the commercial states to a condition, 
little short of an Egyptian bondage ; inasmuch as, thereby, 
the interests, vital to their prosperitj^, are left under the en- 
tire control of states, ignorant of their natures, and which 
will often find an advantage of their own in embarrassing 
them ; and at times, in destroying them altogether. 

If the war, in its original principle, was of a nature to ren- 
der it doubtful, whether the avowed were the real motives of 
its authors, the manner in which it has been conducted must 
also have put an end to all questions of that nature. Instead of 
concentrating the forces of the United States, at the many 
important and exposed points on the seaboard, and thus ren- 
dering tlie settled parts of the country, in some measure, se- 
cure from the predatory incursions of an enemy having the un- 
disputed superiority on the ocean, these ports have been a- 
bandoned, in a manner, to his mercy, and schemes of con- 
quest have been prosecuted in the interior, with a wasteful 
and headlong activity ; the chief result of which has been to 
invite and form an apology for any retaliations tlie enemy 
may see fit to visit upon our defenceless cities. If the con- 
flagration of Newark be not retaliated on some of the cities, 
on the long line of our seaboard, it is because the enemy has 
already glutted his revenge in the mournful desolation inflict- 
ed on Fort N iagara, Buffaloe and Hdwiston ; and not be- 
cause the foresight of government has aiforded any suflicieut 
protection to the exposed and populous points of our seacoast. 

From the inadequacy of our means to effect the avowed 
objects of the war, and from the obvious want of connec- 
tion between the conquest of Canada, even could it have 
been effected, and the establishment of our commercial 
rights, it is impossible not to conclude, were other evidence 
wanting, which it is not, that seamen's righls and commercial 
privileges were but the pretences, the popular garb, under 
which schemes of a different character were to be prosecuted ; 
3 



360 ANSWER OF THE SENATE. 

■s 

schemes of conquest, of unconstitutional power, of driving 
out the aboriginals from their inheritance, of enlarging our 
dominions, hy the occupation of Florida, and generally of 
augmenting party power, by the nerves a state of war was 
supposed to create, and by the additional strength which 
fresh levies of placemen, of pensioners, of new subscription 
stockholders, of officers of the army, of the excise, of the car- 
riage tax, of the shop tax, of the land tax, and of the stamp 
tax. were expected to afford. 

To all these impositions, a wise people, it was to be an- 
ticipated, would submit ; as for the most part, they were but 
abuses of powers, acknowledged to exist in the general go- 
vernment ; looking for relief to the ordinary processes of e- 
lection, and to that sense of truth, of justice, and interest, 
to which a people, after realizing the effects of oppression, 
never fail to return. But the late act of the national govern- 
ment, interdicting the trade, coastwise, between different 
parts of the same state, as well as between the states respec- 
tively, and with all foreign nations, contains provisions, as 
your Excellency is pleased to suggest, of a different character; 
and seems to call for a distinct animadversion i and will de- 
mand legislative interposition, in behalf of our injured citi- 
zens, unless efforts of a milder character should, for the pre- 
sent, be deemed expedient and prove effectual. A resort to 
the provisions, to which your Excellency has alluded, in the 
present circumstances of the United States, seems to be as 
irreconcilable to any regard for consistency in our adminis- 
tration, as these provisions are, in appearance, unwarranted 
by any authority in the constitution. 

Ever since influences, liostile to commerce, have become 
predomiuant in the councils of the United States, a studied 
solicitude to make the right of regulating commerce to extend, 
by construction, to cvtry species of power which could ren- 
der the controul of the general government despotic over it, 
lias been apparent. But these encroachments have hereto- 
fore, for the most part, been carefully concealed, under plau- 
sible pretences of advancing commercial prosperity. 

Thus the first specific non-importation was passed, for the 
avowed purpose of effecting " equitable and satisfactory ar- 
rangements'' of our commercial injuries. The first embargo 
was also declared to be destined to keep in safety our vessels, 
our seamen, and merchandize, those essential resources.— 
During the continuance of that measure, and afterwards of the 
uon intercourse; both were presented ^' as the alternatives to 



ANSWER OF THE SENATE. 361 

which the people were to submit rather than incur the evils 
of war.'^ 

Even in the message of the President of the United States 
of the first of June, 1813, recommending a declaration of 
war against Great Britain, these restrictions upon our com- 
merce are expressly stated to be " an experiment, short of 
the last resort of injured nations.'^ It is also known that a- 
mong the reasons, urged by some of the most intelligent sup- 
porters of that measure on the floor of Congress j this Avas one, 
and undoubtedly the most patriotfc, that it put an end to the 
restrictive system. Yet, but little more than twelve months 
have elapsed, before the evils of Embargo are visited, with 
a tenfold rigor, on a people, already labouring under the e- 
vils of war. Instead of relief from the oppression of the one 
system, which was promised as the boon for incurring the 
dangers of the other, the miseries of both are heaped upon 
the people, under circumstances, threatening a still more ag- 
gravated measure of suiSering. 

As the " friends of peace" are deeply conscious, that, iix 
all measures they have adopted, in relation to that object, 
and in opposition to the oppressive measures of the general 
government, they have been actuated, by a single view to the 
honor, the safety and prosperity of their country, they have 
little reason to regard the accusation of their being ^^ under 
British influence.'' Their chief opposition has been made 
to a system of measures, directed, only nominally, against 
Great-Britain, but, really, levelled at the vital interests of 
New-England and of all the commercial states. A system, 
of a character such as the globe never witnessed ; such as 
iio nation ever before endured. A system, beginning with 
specific nonimportation and terminating in war, after a six 
years continuance of Embargo, restrictions, non intercourse, 
general nonimportation, land carriage prohibition, and every 
form of maritime and mercantile embarrassment and oppression 

As was anticipated, the effect of this system has been to 
deprive the United States of that strong hold upon the inter- 
ests of Great-Britain, whieii an opinion entertained, even in 
that country, of her dependence, or that of her West-India 
Islands, upon our commerce and our supplies, had cre- 
ated ; and which the results of these attempts made under 
auspices most favorable to their success, has, it is to be fear- 
ed, completely changed ; a circumstance which cannot fail 
to be felt to the disadvantage of onr country in every future 
negotiation with that power. 



36S ANSWER OF THE SENATE. 

At the same time, all the land operations towards Cana- 
da, have been conducted on a scale to excite the sympathy 
and indignation of the parent State, for the sufferings of her 
colonies, rather than her apprehension for their fate. If 
tliese views of the relative state of the affairs of this country 
are just, the ^* friends of peace'^ have nothing to regret or to 
fear. They stand acquitted, in the sight of Heaven and the 
world, of all the manifojid evils, under wliich this country 
labors, and of all the greater, it has reason to anticipate, 
from perseverance in a course of measures, at once so justly 
odious to a free people, and so palpably ruinous to their best 
interests. 

On the other hand, it is, in a national point of view, a 
cause of deep regret and alarm, that so many circumstances 
exist, indicative, if not of a formal alliance, at least of a virtu- 
al understanding, between the Administration of the United 
States and the French Emperor. Not only the non-impor- 
tation and embargo acts, passed under circumstances pre- 
cisely calculated to co-operate with his continental system, 
hut in a letter to Mr. Armstrong, our American minister, 
dated the 23d of August 1809, the French Emperor caused 
to be expressed ^^ his applause at this generous determina- 
tion, of renouncing all commerce/' which the United States 
had adopted. 

So long ago as the ISth of Jan. 1808, the French Empe- 
ror formally announced to tlie same American minister, that 
" war exists, in fact, between England and the United 
States :" The form of declaration, subsequently adopted., 
when the state declared by the French Emperor was, con- 
formably to his will, acknowledged by the act of the United 
States. When to these are added the facts alluded to by 
your Excellency, and above all, the adoption towards the 
Spanish possessions, in the Floridas, of that " species of 
political morality," introduced under his auspices, •' which 
annuls the distinction between power and right, and author- 
izes a government and its subjects, whenever they are able^. 
to subdue and destroy the neighboring State," it seems im- 
possible not to see the hand and realize the morals of Bona- 
parte marking our destinies, and moulding them to the pur- 
poses of his own ambition, and to those of his partizans. 

The general belief of a connexion, subsisting between th« 
American administration and the French Emperor, more 
than any other circumstance.; seems to have encouraged thai 



ANSWER OF THE SENATE- 363 

expectation of peace which has recently spread through the 
United States. The overthrow of that champion, the con- 
tinental system, being, now, to human sight, so complete 
and unquestionable, that it is scarcely deemed possible, his 
friends, on this side of the Atlantic, should any longer at- 
tach their fates to the principles of that system. Like your 
Excellency, however, the Senate " can form no opinion con- 
cerning the probable duration'^ of hostilities. The desire 
of peace is so ardent and universal among all the good citi- 
zens of this Commonwealth, and man is ever so prone to be- 
lieve, readily, what he desires, strongly, that the " friends 
of peace" ought to exercise great caution and set a guard 
upon their judgments, in estimating the result of the antici- 
pated negotiation. The refusal of the American adminis- 
tration to relax, in any measure of hostility, after the repeal 
©f the British Orders in Council, the rejection of offers of an 
Armistice, proposed by the officers of that government, the 
schemes of conquest, avowedly, connected witli this war, 
which are yet in no one instance accomplished, and the gen- 
eral temper, in which hostilities have been conducted, all in- 
dicate great stubbornness of resolution, in regard to the con- 
tinuance of the present state of things. 

The selection by our administration, among the places 
proposed by Great-Britain as the scene of negotiation, the 
most distant, evidences no very anxious desire or rapid move- 
ment towards peace. They, therefore, are probably the 
wisest, in relation to these shews of peace, who put in them: 
the least confidence. Whatever hopes of this nature exist 
must depend solely on the impoverished state of our nation- 
al treasury ; on the increasing discontent at the war : on 
the sentiment almost universal, of the wastefulness and im- 
becility of its conductors ; but, above all, on the fate of the 
French Emperor. 

Amid the many miseries and bereavements inflicted upon 
us by our administration, the Senate, like your Excellency^ 
recognize, with gratitude, the multiplied mercies of the Al- 
mighty, and fervently unite their supplications with your's, 
that neither his unmerited favors should make us indolently • 
maintain, nor their undeserved oppression, cause us tamely 
to abandon the rights, liberties and privileges, on which de- 
pend, under God, the safety and prosperity of the people of 
the Commonwealth of Massachusetts. 



RESOLVES. 

January, 1814. 



CHAP. LXXXIL 

Mesolve on the Petition of James Purriyigton, allowing him 
fay as a Member of the General Court. Jan. 17> 1814. 

On tlie petition of James Purrington, a Member of this 
House from the town of Grardiner, praying to be allowed for 
his travel as such, at the last session of the General Court, 
although he was not present, having been called away from 
this town, after travelling to attend his duty at said session, 
by information on the day preceding the last Wednesday of 
May last, that his wife and children were sick, and having 
been prevented from attendance by the continuance of the 
same sickness during the said session : 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Common- 
wealth to the said James Purrington, the sum of thirty -five 
dollars, in full compensation for his claim in the premises. 



CHAP. LXXXIII. 

Kesohe on the petition of Oshea Walker, of JBelchertown* 
' granting compensation — -SQO. Jan. 18, 1814. 

On the petition of Oshea Walker, of Belehertown, pray- 
ing relief in consequence of expences incurred by him from 



MAKING VALID PROCEEDINGS PLANT. NO. 5. 365 

a wound received while doing military duty as a soldier in 
the Artillery Company : 

Resolved, For reasons set forth in the petition, that there 
be allowed and paid out of the Public Treasury, to Oshea 
Walker, of Belchertown, the sum of ninety dollars, in full 
for the loss of time and expence occasioned by a wound he 
received on the sixteenth day of September last, while do- 
ing military duty. 



CHAP. LXXXIV. 

Resolve making valid the proceedings of Plantation JS^o, 
5, in Oxford County. Jan. 19; 1814. 

On the petition of Freeman Ellis and others, a commit- 
tee for the plantation numbered five, in the county of Ox- 
ford, stating that said plantation had neglected legally to 
notify their first meeting, and that they did not, at their first 
meeting, agree upon the manner in which their subsequent 
meetings should be notified, aud prayi»g that the proceed- 
ings of said plantation may be made and considered as va- 
lid and effectual, as if said meetings had been legally noti- 
fied : 

Resolved, That for the reasons stated in said petition, the 
proceedings of said plantation, at their meetings aforesaid, 
shall be considered as valid and effectual to all intents and 
purposes, as if their meetings had been legally notified. 



CHAP. LXXXV. 

Resolve on the petition of William Tozer, and compensa- 
tion allowed him^for a zcound he received on military du- 
ty— ^dO. Jan. 20, 1814. 

The Committee appointed to take into consideration the 
petition of William Tozer, praying for compensation for a 
wound received in the ser^^ce of this State — beg leave to 
report the following Resolve : 

Resolved, For reasons set forth in said petition, that there 
be granted and paid out of the Treasury of this Common- 
wealth, to William Tozer, ninety dollars, as a compensation 



366 PET. WILLIAM MUZZY AND OTHERS. 

for a wound received in his shoulder while on duty, SOth 
September, 1812. — And His Excellency the Governor is 
hereby authorized to issue his warrant accordingly. 



CHAP. LXXXVI. 

Mesolve on the petition of William Muzzy and others, di- 
recting the Solicitor therein, Jan. 30, 181'i. 

On the petition of William Muzzy, of Hubbardston, in 
the county of Worcester, praying that he may be discharg- 
ed from the payment of the balance due on a certain note of 
hand, dated Feb. 25, 1796, for the sum of six hundred and 
iifty-two dollars and fifty cents, payable to Thomas Davis, 
Treasurer of the Commonwealth, or to his successor in said 
office ; which said note of hand is signed by said William 
Muzzy, together with John Clark, John Clark, jun. Isaac 
Clark, and Moses Clark : 

Resolved, For reasons set fortli in said petition, that the 
said William Muzzy, Isaac Clark, and Moses Clark, (who 
were sureties for the said John Clark and John Clark, jun.) 
and their respective estates,be, and they hereby are discharg- 
ed from the pavment of the balance now due on said note of 
hand, on the payment of all such costs and charges as have 
accrued or may accrue, on the suit now pending on said 
note ; and that the Solicitor General of the Commonwealth, 
on the payment of such costs, be, and he hereby is directed 
and empowered to deliver up the said note of hand to be 
cancelled. 



CHAP. LXXXVIl. 

Resolve making a gratuity to the non-commissioned officers 
and pi'ivates in Capt. George^s Company, for services on 
the Eastern Frontier. Jan. SO, 1814. 

The committee appointed to take into consideration the 
petition of James Webster and others, composing one of 
tlie companies of detached militia of this Commonwealth, 
under command of Capt. Thomas George, ordered into ser- 
vice by His Excellency the Governor, for the defence of the 



SECY TO PURCHASE LAWS, 8cc.— January 20, 1314. 3^1 

Eastern Frontier, on the llth day of August, A. D. 1813— 
praying for additional compensation — ask leave to report 
the following Resolve : 

Resolved, For reasons set forth in said petition, that there 
he granted and paid out of the Treasury of said Commou- 
Tvealth, unto said Captain Thomas George, to and for the use 
of the privates, non-commissioned oificers and musicians of 
said company respectively, thesunis folldwing, viz. — To each 
private, the sum of three dollars and thirty-three cents per 
month ; to each serjeant, the sum of four dollars per month ; 
to each corporal and musician, the sum of three dollars and 
sixty-seven cents per month, during the time of five months, 
in which they were in said service, agreeahly to the roll of 
said company, which will be a gratuity in addition to the 
pay allowed by the United States, already by them respec- 
tively received. 



CHAP. LXXXVIIL* 

Resolve aiitliovising tlie Secretary to purchase one hundred 
sets of the general Laws, and directing the distribution 
of them, and surplus Term Reports. Jan. SO, 1814. 

On the representation of the Secretary of the Common- 
wealth, stating that but few copies of the general laws re- 
main in his office, and that a greater number will be neces- 
sary to furnish such places and persons as are or may be 
entitled to them — And also that a surplus^of Massachusetts 
term reports remains in his office, subject to the disposition 
of the Legislature : 

Resolved, That the Secretary of this Commonwealth be, 
and he is hereby authorized and directed to purchase, if to 
be obtained, one hundred sets of the general laws of this 
State, from the adoption of the Constitution, to the 2Sth 
Feb. 1807 — contained in three volumes bound ; provided, 
the price shall not exceed that contracted to be given for 
those, with which the State have been supplied ; and when 
received into his office to distribute them to such corpora- 
tions, officers and persons, as are designated in a Resolve of 
^(st Jan. 1807., but have not received them — to sucli plan- 
tations as lieretofore have not been, but may be taxed to- 
wards the support of rTovernment. and to such: places as 
1 



368 PET. SELECTMEN OF LEWISTON— Jawwary 21, 1814, 

may be incorporated as towns, and have not received them 
as taxed plantations : And Mis Excellency the Governor, 
with the advice of the Council, is requested to issue his 
warrant on the Treasurer for the sum necessary to enable 
the Secretary to pay therefor. 

A7id be it further resolved. That the Secretary deliver to 
each Clerk of the Judicial Courts of Record in this Com- 
monwealth, who are not already supplied, for the use of 
said Courts^ one set of the Massachusetts Term Heports, if 
after conforming to the directions already given for the dis- 
tribution of them, there shall remain in his office a number 
sufficient for this purpose. 

And be it further resolved^ That upon the death, resigna- 
tion, or removal from office, of either of the Clerks of the 
aforesaid towns, or districts, or plantations, or courts of 
law, each of them respectively, his executors and adminis- 
trators shall be lield and obliged to deliver over the same 
sets, which shall have been. received, as afore-provided, to 
his and their successor or successors in office, for the use of 
their respective offices. 



CHAP. LXXXIX. 

Mesolve on the petition of the Selectmen ofLewiston, maJc- 
ing valid their doings. Jan. 21, 1814. 

On the petition of the inhabitants oS* the town of Lewis- 
ton, in the county of Lincoln, stating, that by the records of 
said town, it does not appear, that from the year 1796, ^o the 
year 1800, inclusive, any of the town officers were legally 
sworn, nor that the constable of said town was sworn in the 
year 1807, and doubts have arisen, whether the doings of 
said town at their town meetings are legal, and praying that 
their several town meetings in said town, and the proceed- 
ings by virtue of them, held since the year 1796? may be 
rendered valid, the omission in the records aforesaid not- 
withstanding : — Therefore 

Resolved, That the several town meetings, held in said 
town as aforesaid, and the doings of said constable, be, and 
hereby are rendered good and valid, any omission in the a- 
foresaid records notwithstanding — And all proceedings, 
otherwise legal had by virtue of said town meetings, be, 



PETITION JOSIAH \Y kR\)^ January 26, 1814. 369 

and hereby are fully ratified, confirmed, and made legal, as 
though said officers, and said constable had been duly sworn, 
and the same now appeared on the records of said town. 



CHAP. XC. 

Mesolve on petition ofJosiah Ward, one of the Selectmen of 

Harlem^ confirming the doings of said town. 

January S6, 1814. 

On the petition of Josiah Ward, one of the Selectmen of 
the town of Harlem, praying that the proceedings of said 
town at their annual meeting on the first Monday in April, 
1813, may be made valid in law : 

Resolved, For reasons set forth in said petition, that the 
doings and proceedings of the town of Harlem, at their an- 
nual meeting on the first Monday of April, in the year of 
our Lord eighteen hundred and thirteen, be confirmed and 
made valid in law, any defect in the warning of said meet- 
ing to the contrary notwithstanding. 



CHAP. XCI. 

Mesolve on the petition o^ Richard Meagher, permitting him 

to locate 500 acres of land, in the District of Maine. 

January 36, 1814. 

On the petition of Richard Meagher, setting forth that 
the Legislature of this Commonwealth, by a resolve of the 
11th Feb. A. D. 1813, granted him, his heirs and assigns, 
five hundred acres of land, of the unappropriated lands of 
the Commonwealth in the District of Maine, to be laid out 
under the direction of the Agents for the sale of Eastern 
Lands, excepting the ten townships lately purchased of the 
Penobscot Lidians, and praying that he may be permitted to 
take the said five hundred acres out of said ten townships, or 
upon Iron Bound Island, or Porcupine Islands, in French- 
man's Bay : 

Resolved, That said Richard Meagher, be permitted to 
take and locate his said five hundred acres of land on either 



370 SALARY CHIEF JUS. PARSONS— JawMary 26, 1814. 

of the Islands aforesaid, to be laid out under the direction of 
the Agents for the sale of Eastern Lands ; — Provided, th^ 
same be taken and laid out on the lands of this Common- 
Avcalth, on said Island or Islands not heretofore laid out by 
order or authority of said Commonwealth, nor in the pos- 
session and improvement of any person or persons claiming 
the same. 



CHAP. XCII. 

Mesolve alloieing one quafter^s salary which icould have be- 
come due to the late Chief Justice Parsons^ to hisividoiv, 
January 36, 1814. 

Wherfeas the sum of eight hundred and seventy-five dol- 
lars would have been due to the late Chief Justice of this 
Commonwealth, on the last day of December now last past, 
for a quarter's salary, had he lived to that time ; but it hav- 
ing pleased the Almighty, to remove him by death, after the 
commencement and before the end of said quarter : There- 
fore 

Jiesolved, That there be paid out of the Treasury of this 
Commonwealth, to Elizabeth Parsons, widow of said de- 
ceased, such a sum, as together with the arrear due to him 
at the time of his death will amount to one quarter's salary, 
and that the Governor be authorized to draw his warrant for 
such sum accordingly. 



CHAP. XCIII. 

Mesolve granting Benjamin Garland^ of Bangor, S50. 
January 26, 1814. 

On the petition of Benjamin Garland, praying for com- 
pensation for loss of time and expences, in consequence of 
several wounds received, while rendering assistance to a 
constable of the town of Bangor, in securing one John Em- 
ery, charged with a criminal offence, on the 10th day of A- 
pril last : 

Mfsolv cd, For reasons set forth in sajd petition^ that there 



MEM. DIRECTORS N. E. BANK^Januar?/27y 1S14. S71 

be allowed and paid out of the Treasury of this Common- 
wealth to the said Benjamin Garland, the sum of fifty dol- 
lars, in full compensation for the loss of time, and money ex- 
pended, in consequence of said wounds. 



CHAP. XCIV. 

lleport of the Committee on the Memorial of the Directors 
of the JVew-England Bank. Jan. a7th, 1814. 

The committee to whom was referred the memorial and 
petition of the President and Directors of the New- England 
Bank, established in tlie town of Boston, complaining of an 
arbitrary, illegal and unwarrantable seizure and detention 
of their property by the Collector of the Customs of the U- 
nited States for the district of New-York, and praying for 
the interposition of the Legislature in their behalf — resjiect- 
fidly report : 

That the said Bank was duly incorporated under the au- 
thority of the State, is owned by a large number of its citi- 
zens, and is entitled, in the lawful prosecution of its con- 
cerns, to the protection and support of the State. 

That the President and Directors of said Bank, in the 
course of their business, and for the accommodation of the 
citizens of this Commonwealth, who had received large 
sums of tlie bills of the Banks incorporated within the state 
of New-York, did receive a great amount of said Bills, to 
wit, the sum of one hundred and thirty- eight thousand, eight 
hundred and seventy-four dollars — That, in the common 
and ordinary course of mercantile procedures, they sent on 
an agent to receive payment for the said New-York Bank 
Bills, with directions, that the specie, which should be tak- 
en in payment of the same, should be transported for their ac- 
count, by land, to Boston ; there to be deposited in the said 
New-England Bank. 

These facts were proved to your committee by the most 
satisfactory evidence. It further appeared to your commit- 
tee, by a great number of letters, that the demand upo^ the 
Bank of New-York was made in an open, frank and undis- 
guised manner, and that the real destination of said specie 
was openly avowed and publickly known in the said city. 
The specie consisted altogether of silver, was put into three 



372 MEM. DIRECTORS N. E. BANK— January 27, 1814. 

waggons in open day, and was transported out of the city of 
New- York in a manner which could leave no doubt on the 
minds of any honest person, that its destination was perfect- 
ly lawful and honorable. That the collector of the city of 
New-York caused the said waggons to be watched and 
seized at Chester, about fourteen miles from New-York, on 
the usual route to Boston, whither, with or without complaint 
on oatli, your committee are unadvised. 

It further appeared to your committee, that the said col- 
lector was a director of one of the Banks of NeWrYork, 
from which the said specie, in part, was taken, and a strong 
presumption arises in their minds from that fact, that he could 
not have been ignorant of the object of the transportation of 
the specie and its destination, which it appears were made 
known by letters carried on by the agent from the Cashier 
of the New-England Bank, and by letters from several gen- 
tlemen in the town of Boston to their friends at N. York. 

That, even if the said Collector liad been originally mis- 
informed, most ample time and evidence were afforded to 
him to correct his misapprehension. That a protest was 
made by the agent of the New-England Bank, and the facts 
made known to the Collector, wiiich only terminated in an 
obstinate adherence to his first act of oppression. That the 
money was carried back by force to the city of New-York, 
and there deposited under the authority of the Collector, in 
the vaults of the Manhattan Bank, of which this same Col- 
lector is a Director. Under this well authenticated state of 
fiicts, as well supported as any facts can be, (considering 
the time allowed to the parties) a question arose with your 
committee, whether the case did not merit, and, indeed, de- 
mand the interference of this Legislature. 

It occurred to your Committee, that while this Legislature 
were pronouncing the act, under the oppressive exercise of 
the powers of which this seizure was made, a violation of 
the constitution, it would seem to be a departure from our 
own principles to refuse to the injured citizens of this Com- 
monwealth the interference and authority of this State, so far 
:is that authority and interference may avail. It further ap- 
peared to your committee, tliat a Bank instituted under the 
authority of the State, and whose rights and interests were 
so intimately connected witli those of all the good people of 
this Commonwealtii, the State w as bound to exert whatever 
little influence it might have with the national government, 



MEM. DIRECTORS N. £. BANK— Jawwflry 27, 1814. 373 

to procure a more speedy redress of an unexampled wrong 
than could be procured by the ordinary course of law. It 
appeared further to your committee^ that there would be an 
apparent contradiction, after an appeal was made to this bo- 
dy to procure their protecting aid, to turn the petitioners o- 
ver to a remedy, which we, ourselves, declare to be uncon- 
stitutional ; a remedy under an act, whose provisions, in 
many respects, and in none more than the one under which 
this seizure is made, we have solemnly pronounced to be 
infractions of the Constitution of the United States. 

Independent of this constitutional embarrassment, your 
committee thought that this resembled many of those ex- 
treme cases in which a sovereign state would feel itself bound 
to interfere from the urgency as well as magnitude of the 
wrong. To drive your citizens to find sureties for their own 
property, at a distance of more than two hundred miles from 
their residence, or to wait the sittings and delays of Judi- 
cial Courts, at a still greater distance, when it cannot be 
doubted (unless the national government mean to abandon 
the citizens of the United States, to the oppression of their 
remote officers) that a speedy remedy will be given by the. 
President, appeared to your committee to be extremely un- 
just. A hope too has been entertained by your committee, 
that the National Government will see in this gross abuse 
of very dangerous and alarming power, motives for a repeal 
of their unconstitutional acts, which neither a correct view 
of the Constitution, the certain and dreadful suiferings of 
the people, nor the repeated expression of the Legislatures 
of the oppressed and injured States, have been hitherto ade- 
quate to produce. 

Your committee therefore recommend the adoption of the 
following resolutions. 

THO'S. H. PERKINS, 

Per Order. 

Resolved^ That the seizure of one hundred and thirty- 
eight thousand eight hundred and seventy-four dollars, be- 
longing to the President and Directors of the New-England 
Bank, by the Collector of the port of New-York, was a fla- 
grant breach of duty, and a violation of the rights of the said 
corporation. 

itesolvedf That His Excellency the Governor of this 



374^ IlEiUlICK EXHIBIT ACCOV ^'i—Januaiy 29, 1814, 

Commonweal til, be requested to transmit the foregoing Re- 
solution^ together with tlie evidence in support of the com- 
plaint of the Memorialists, and of the abuse that has been 
committed, to the President of the United States, with a let- 
ter expressive of the sensibility the Legislature of Massa- 
chusetts feels as to this outrage on the rights of one of its 
corporations, and its reliance that the collector of the dir- 
trict of New-York will be compelled immediately to restore 
to the Memorialists or their agent or representative, the 
monies so unjustly seized and detained without colour of 
right, or shadow of proof of its unlawful employment or il- 
licit destination ; and that the President will moreover be 
pleased, as a small atonement to tlie injured citizens of this 
Commonwealth, to remove the said Collector from an oflBce 
which heiills with so little advantage to his fellow -citizens, 
or honor to his country. 



CHAP. XCY. 

liesolve alloiciiii^ Ji^phraim Herri ck to exhibit his account to 
the committee on accounts. Jan. 29, 1814. 

On the petition of Ephraim Herrick, praying that he may 
be remunerated the expence of ' supporting Lemuel Culver 
and others. State Paupers, as set forth in his petition : 

Ilesolved, That the said Ephraim Herrick be allowed to 
exhibit to the committee on accounts, his account of said 
expence, and that said committee be directed to allow such 
sum as they may deem just and reasonable, under all cir- 
cumstances, as though the same had been upon the applica- 
tion and certificate of the Overseers of the Poor. 



CHAP. XCVl. 

jResolve allowing pay to Major Joseph Whitney, in the iOth 
Division of the Militia. Jan. S9, 1814. 

On the petition of Joseph Whitney, Major in the third 
regiment, second brigade and tenth division of the militia of 
this Commonwealth, setting forth that in the pay-roll of said 



GRANT TO JONA. BREWSTER— Jawwary 29, 1814. 375 

regiment when ordered out for the protection of the Eastern 
Frontier, during the months of July and August, in the year 
one thousand eight hundred and twelve, the sum due to him 
|br his services was omitted by mistake : — Therefore 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Common- 
wealth, to the said Joseph Whitney, the sum of one hundred 
and thirty- one dollars and sixty-one cents, in full for his 
pay and rations while on said service. 



CHAP. xcvn. 

Mesolve allowing S12 to Jonathan Brewster, Esq. for travel 
as Representative from Worthington, Jan. 29, 1814. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth the sum of twelve dollars 
to Jonathan Brewster, Esq. Representative from Worthing- 
ton, in full for his travel to the General Court in May last ; 
and the Governor is hereby authorized to draw his warrant 
on the Treasurer of this Commonwealth in favor of sajd 
Brewster, for that sum. 



CHAP. XCVIII. 

Resolve allowing Absolom JDeming, Esq. S2Sfor travel at 
the last session of the General Court. Jan. 29, 1814. 

On the petition of Absolom Deming, a member of this 
house from Washington, praying to be allowed for his tra- 
vel at the last session of the Legislature : 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the publick treasury to Abso- 
lom Deming of Washington, in the county of Berkshire, 
twenty-eight dollars, being the amount of his travel as re- 
presentative to and from the General Court ; and His Ex- 
cellency the Governor be requested to issue his warrant pn 
the Treasury accordingly. 

5 



376 SOL. GEN. TO INSTITUTE A SUIT— J«;mflry 29, IBU, 

CHAP. XCIX. 

Mesolvp directins^ the Solicitor General to institute a suit 
against Jamps Thomas, late Clerk of the Courts in the 
county of Hancock. Jan. 39, 1814. 

On the representation of the Hon. JDaniel l)avis, Esq. 
Solicitor General of this Commonwealth, that James Tho- 
mas, Esq. late Clerk of the Courts for the county of Han- 
cock, has not paid into the Treasury of the said county of 
Hancock, certain suras of money, which he, as Clerk of sa,id 
cuuiity, was bound to do, by a law passed the eighteenth day 
of June, eighteen hundred and eleven : — Therefore 

lie solved, That the said Solicitor General be, and he ^s 
iiereby authorized to institute a suit on the bonds of said 
Thttmas, and prosecute t'le same to final judgment and ex- 
ecution for the benefit of all concerned. 



CHAP. C. 

absolve granting Mhenezer Cahoon compensation for a 

wound he received while on military duty. 

January 29, 1814. 

On the petition of Ebenezer Lathrop and others on behalf 
(of Ebenezer Cahoon, of Hard wick, praying for a compen- 
sation to said Cahoon for wounds which he received while 
on military duty on the eighteenth day of October last, in 
said town : 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Common- 
wealth to the said Ebenezer Cahoon, in consequence of his 
having lost a hand and been otherwise wounded, while on 
duty as above mentioned, the sum of ninety-three dollars, 
to reimburse the expenses of his cure. 

And it is further resolved, That there be, and hereby is 
granted to the said Cahoon, an annuity or pension of five 
dollars per month during his life, or until the further order 
of the Legislature, to commence from and after the thirteenth 
^ay of January instant. 



A^APHjRICE TO TAKE A DEED— JaMw^ry 29, 1814. 377 

CHAP. CI. 

Resolve authorizing, Jlsaph Rice, administrator of the es- 
tate of Daniel Barnard^ to take a deed, and make sale of 
land, Jan. 29, 1814. 

On the petition of Asaph Rice of Northhorongh, in the 
county of Worcester, administrator of the estate of Daniel 
Barnard late of the same Northhorongh, yeoman, deceased^ 
intestate, setting forth, that one Ephraira Whitney of Bos- 
ton, in the county of SufiPolk, trader, made and executed a 
bond to the said Barnard, dated the ninth day of March, A. 
D. 1813, in the penalty of two thousand dollars, condition- 
ed to convey to him a certain tract of land situated in said 
Boston, hut whitth was not done in the life time of the said 
Barnard ; and that the estate of said Barnard is duly rep- 
resented insolvent and insufficient to pay his just debts, and 
praying that he may be authorized to take a deed of said 
land from said Whitney, and make sale thereof for the be- 
nefit of the creditors and heirs at law of said estate : 

Resolved, For reasons set forth in said petition, that the 
said Asaph Rice, administrator as aforesaid, be, and ief 
hereby authorized and empowered to take a deed from the 
said Whitney of the tract of land described in said bond, 
situate in Boston, and bounded southeasterly on Ivers^- street, 
there measuring twenty-four feet ; northeasterly on land of 
the Mill Pond Corporation, there measuring eighty-three 
feet; northwesterly on other land of said Corporation, there 
measuring twenty-four feet ; and southwesterly on land of 
James Ivers, there measuring eighty- three feet, containing 
about two thousand square feet : and that he the said Rice 
l)e, and is hereby authorized and empowered to make sale 
of the same at public vendue to the highest bidder therefor^ 
and to execute, acknovvledge and deliver a deed thereof ; — 
Provided he first give notice of the time and place of sale, 
hy publishing a notification thereof in some public newspa- 
per, printed in Boston, three weeks successively, the first 
publication to be thirty days at least before the time appoint- 
ed for said sale ; which deeds so taken and given by the 
said Rice, administrator, shall be deemed and taken as va- 
lid to all intents and purp'oses, as if the said Barnard in his 
life time had taken and given the same ; and the proceeds 



378 Q. M. G. DEFRAY EXPENSES-- J anuart/ 31, 1814. 

of said sale shall be considered as personal estate in the 
hands of said Rice, administrator ; and he be liable and 
held to account therefor in his settlement of said estate. 



CHAP. CII. 

Mesolve directing the Quarter-Master- General to defray the 
expense of ammunition used at the interment of Major- 
General Heath. Jan. 31, 181'i, 

Resolved, That the Quarter-Master-General be, and he 
hereby is empowered and 'directed, to defray the expenses 
of ammunition used in firing minute guns, on Friday the 
38th of January instant, during the interment of the late Hon. 
Major- General Heath. 



CHAP. cm. 

Mesolve fixing the pay of the Council and General Court* 
January 31, 1811. 

Hesolvedf That there be allowed and paid out of the 
Treasury of this Commonwealth, to each Member of the 
Council, Senate and House of Representatives, two dollars 
per day, for each day's attendance the present session, and 
the like sum of two dollars, for every ten miles travel, from 
their respective places of abode, to the place of the sitting 
of the General Court. 

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

CHAP. CIV. 

Mesolve for paying several towns for rations and camp uten- 
sils furnished the detachment of militia stationed at Port- 
land, in September, October and JSTov ember , 1813. Feb- 
ruary 1, 1811;. V 

The Committee of both Houses, to whom were referred 



PAY TO DETACHMENT MILITIA— feirwary 1, 1814. 378 

the petitions of Joseph H. Ingvaham, and Enoch Preble, 
Selectmen of Portland — of Simon Moulton, and William 
Hasty, iun. Selectmen of Standish — of Gideon Rice and 
Benjamin Larabee, jun. Selectmen of Scarborough — of 
Lothrop Le»wis and David Harding, Jun. Selectmen of Gor- 
ham — of John Jones and John Porterfield, members of the 
House of Representatives from Falmouth — and Sylvanus 
Higgins, member of the House of Representatives from Cap& 
Elizabeth, praying to be compensated for rations and camp 
utensils furnished for a detachment of militia stationed at 
Portland in September, October and November last, by or- 
der of General James Irish, jun. commanding the 2d brig- 
ade of the 13th division — ask leave to report the following 
resolve — which is submitted. 

THOMAS DWIGHT, 

Per Order. 

Resolved, That by virtue of the 24th section of a law of 
this Commonwealth, passed on the 6th day of March, A. D. 
1810, there be allowed and paid out of the Treasury of this 
Commonwealth to the following named towns, the sums 
hereafter affixed to their names respectively, the items of 
which have been examined and found duly vouched, viz : 

To the town of Gorham, S 344 99 

Portland, - - - - - 558 53 

Falmouth, 520 

Scarborough, - . . . 230 63 

Standish, 283 37 

Cape Elizabeth, - - - 187 37 



CHAP. CV. 

Resolve for paying the detachment of militia stationed at 
Portland by order of the Major-General of i2th division, 
dated ist September , 1813 — sundry persons for supplies^ 
and Captain Atherton, JS 150. February 1, 1814. 

The Committee of both Houses to whom was referred the 
petition of Captain Abel W. Atherton and Captain James 
Farmer, and other officers and soldiers, with the documents 
accompanying the same, have a,tteaded to tha dutv assign- 
ed them, and report : 



380 PAY TO DETACHMENT MILITI A^Februari/ Ij 1814. 

That by an order of the Brigadier-General of the second 
brigade and twelfth division of the militia of this Common- 
wealth, dated the first day of September last, a. detachment 
of two full companies of militia was made from the brigade 
aforesaid, and stationed at Jordan^s Point, (now Fort Bur- 
rows) in the town of Portland, there to perform military du- 
ty for the term of two month>s, which time of service expir* 
cd on the 28th day of November now last past — -That said 
officers and soldiers are justly entitled to the samp compen- 
sation for their services as the troops of the United States 
arc, when in actual service. 

Your Committee therefore ask leave to report the follo\¥:r 
ing resolution : 

LOTHROP LErWIS, 

Per Order. 

Hesolved, That there be allowed and paid out of thfe 
Treasury of this Commonwealth, the sum of four thousand 
and ninety-six dollars and seven cents, for the sole use and 
benefit of the several officers, non-commissioned officers, mu- 
sicians and privates, under the command of Captain Abel 
W. Atherton, and Captain James Farmer, on account of 
wages from the sixiieenth day of September to the twenty- 
eighth day of November last — the same being after the rate 
allowed by the United States for similar services, including 
pay for extra fatigue duty, and for clothing — which sum 
shall be distributed agreeably to the pay-roll accompanying, 
marked A number one — ^And that His Excellency the Grov- 
ernor be requested to draw his warrant on the Treasurer of 
this Commonwealth for the foregoing sum, in favor of Cap- 
tain Abel W. Atherton, who is hereby authorized to receive 
the same and pay it over to the several persons named ia 
the aforesaid pay-roll. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth to the following persons, 
for supplies furnishsd, and for services performed in aid of 
the detachment aforesaid, the sums affixed to each of their 
names respectively, the items of which as they are charged 
on the pay-roll, marked A number one, have been examin- 
ed and found duly vouched, viz : 

To Samuel Baker, the sum of - ... ;S 45 14 

William Pollcys, 5 50 

John Aimes, - - - 8 50 



Q. M. G. ERECT A GUNMIOUSE— Fcftrwfln/ 1, 1814. S81 

Timothy Chadbourn, - "36 41 

Samuel Snowden, 7^0 

'Anna Lambert, 6 

Isaac Adams, 24) 57 

B. D. Ross, S 49 

A. W. Atherton, 7 25 

Mason and Moody, 6 02 

Doctor John Merrill, Surgeon, - - - . 97 

Baker and Bartell, 23 95 

John Hobart, 72 78 

William Capen, 17 34 

William Wood, 5 25 

Arthur Shirley, 4 



S357, 70 



And that His Excellency the Governor be requested to 
draw his warrant on the Treasurer for three hundred and 
iifty-seven dollars and seventy cents, being the amount of 
"the foregoing accounts, in favor of Captain Abel W. Ather- 
ton, who is hereby authorized to receive the same, and pay, 
it over to the several persons named in the foregoing ac- 
count : 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth to Captain Abel W. A- 
therton, the sum of one hundred and fifty dollars as a full 
compensation for the expense he has incurred in travelling 
from the District of Maine, to obtain payment of wages and 
supplies for the companies of militia detached and stationed 
at Portland, under his command, making up the accounts 
and pay-roll, and paying over the money to the officers and 
soldiers in the aforesaid detachment. 



CHAP. CVI. 

Resolve directing the Quarter -Master 'General to 'purchase 
land and erect a Gun-house at Saco. February 1, 1814. 

On the petition of Thomas Warren and others, praying 
that two hundred and fifty dollars may be appropriated for 
purchasing a lot of land and erecting a Gun-house thereon : 

Resolved) That the Quarter-Master-General is hereby au- 



382 DIS. B. FLAGG FROM PRISON— Fcfirwary 1, 1814. 

thorized to erect or cause to be erected, a G-un -house in the 
town of Saco, and to purchase land whereon to erect the 
same : And His Excellency the Governor, with advice of 
Council, is requested to issue a warrant on the Treasurer 
for the payment of the money actually applied to the sole 
purpose of purchasing said land, and erecting a Gun-house 
thereon : Provided the same shall not exceed two hundred 
and fifty dollars. 



CHAP. CVII. 

Mesolve discharging Barnabas Flagg from recognizance 
and prison. February 1, 1814. 

On the petition of Barnabas Flagg of Barre, in the coun- 
ty of Worcester, shewing that the said Barnabas Flagg re- 
cognized, in the month of May in the year of our Lord 
eighteen liundred and thirteen, in the sum of two hundred 
dollars, to appear at the then next Circuit Court of Common 
Pleas to be holden at Worcester in and for said county ? to 
answer unto a charge which was made against him for lar- 
ceny, that he did not appear at said Court ; whereby his re- 
cognizance was forfeited, and a Scire Facias issued, and 
judgment was rendered thereon, and that, at the next term 
after, he was tried at the same Court for said larceny, and 
that execution was issued from the same Court on the judg- 
ment rendered against him upon the Scire Facias aforesaid, 
for the sum of two hundred dollars, with the legal costs of 
the same ; and that he is now in prison by virtue of the same 
execution. 

.Resolvedf For reasons stated in said petition, that the said 
Barnabas Flagg be, and he is hereby discharged from said 
recognizance, and the process or Scire Facias issued there- 
on, and that he be liberated from prison, as respects the a- 
foresaid execution whereon he is confined. 



CHAP. CYIII. 

Mesolve authorizing the executors of the will of Isaac Gere 
to execute a deed to Justice Pomroy. February 1, 1814. 

On the petition of Justice Pomroy.of Easthampton, in the 



VALID DOINGS OF FAIRFIELD— fejmcr^ 2, 1814. 383 

county of Hampshire, praying that the executors of the last 
will and testament of Isaac Gere, late of Northampton, de- 
ceased, may be empowered to execute a deed of part of lot 
No, 41, containing forty acres, and lying in Northampton, 
long division so called, which the said Gere in his life time 
covenanted to do, but was prevented by death : 

Resolved, That the Hon. Joseph Lyman, Esq. and Solo- 
mon Stoddard, jun. Esq. executors of the last will and tes- 
tament of Isaac Gere, be, and they are hereby empow ered to 
execute a good and sufiicient deed unto the above named 
Justice Pomroy, of a part of lot No. 41, in Northampton, 
long division so called, and bounded easterly on land for- 
merly owned by one Southwell ; northerly on Cook's lot, so 
called ; westerly on the remaining part of said lot No. 41 ; 
southerly on land belonging to the heirs of Ebenezer Clark, 
deceased, and to contain forty acres. . 



CHAP. CIX. 

Resolve making valid the doings of the. town of Fairfield, 
February 2d, 1814. 

On the petition of the Selectmen of the town of Fairfield, 
in the county of Somerset, representing, that, for twenty 
years past, there have been no records made, nor copies til- 
ed in the Town Clerk's office of said town, of rates or as- 
sessments of taxes, for any one year, and that there had not 
been any Assessors office in said town for said time, nor 
any invoice or valuation from whence such assessment is 
made, nor copy thereof filed in the Office of the Clerk of 
said town for the term aforesaid, as by law is prescribed ; 
and praying that the doings and proceedings of the said 
town, and the officers thereof, may be confirmed, and render- 
ed valid : 

Resolved^ For reasons set forth in the said petition, that 
the records of the said town of Fairfield be deemed and tak- 
en to be as valid, and eft'ectual, to all intents and purposes, 
as if the said town and the officers thereof had proceeded ac- 
cording to the laws regulating their proceedings in these 
particulars ; and that the proceedings of the said town and 
the doings of the officers thereof be ratified and confirmed ; 
and the same shall be deemed and taken to be as valid and 
6 



384 DISCHARGING D. EMERSON-^Februar^ 9, 1814. 

effectual in all respects, and in the same manner as they 
would have been, if the aforesaid proceedings of the said 
town and the officers thereof had, in tlie first instance, been 
conformable to law — Provided, that the foregoing resolve 
shall in no manner apply to or affect the title of any real es- 
tate lying in said town of Fairfield, which was sold to Mo- 
ses Appleton by John Jones, or any other Collector for the 
non-payment of taxes on non-resident proprietors' lands. 



CHAP. ex. 

Mesolve discharging Dearborn Emerson from the penalty of 
recognizance. February Sd, 1814. 

On the petition of Dearborn Emerson, praying for the re- 
mission of the forfeiture of a recognizance to this Common- 
wealth, entered into by him as surety for and with Moses 
.T. Chase before Samuel Lawrence, Esq. a Justice of the 
Peace for the county of Middlesex, on the 10th day of A- 
pril last, conditioned for the appearance of the said Chase, 
at the then next Supreme Judicial Court for that county : 

Resolved, For the reasons set forth in said petition, that 
the penalty of said recognizance be, and the same is hereby 
remitted to the said Emerson, and that he be wholly dis- 
charged therefrom. 



CHAP. CXI. 

Resolve onthejyetitien of Samuel Partridge, '^d, in behalf of 
the town of Hatfield. February 7th, 1814. 

On the petition of Samuel Paiiridge, 2d, in behalf of the 
town of Hatfield, praying that some person may be author- 
ized to sell a certain real estate in said town, containing a- 
bout one hundred acres, of which Elisha Cole died seized, 
in the room of the Hon. John Hastings, deceased : 

Resolved, That Doctor John Hastings, of said Hatfield, 
be, and he is hereby authorized and empowered to renew 
the covenant entered into by his predecessor, the aforesaid 
John Hastings^ deceased, with Josiah Gillet, and in default 



PET. A. WALTON AND E. SWIFT— Feiraary 7, 1814. 385 

of pa,yment by said Gillet, to sell and convey the same to any 
other person or persons desiring to purchase the same, ob- 
serving the directions of the law for the sale of real estates 
by executors and administrators in tlie aforesaid sale. 



CHAP. CXII. 

Resolve on imtition of Beyvamin Walton and Alfred Hwlft, 
Attorney -General to discharge from judgments and exe- 
cution. February 7th, 1814. 

On the petition of Benjamin Walton of Livermore, in the 
county of Oxford, and Alfred Swift, of Fayette, in the coun- 
ty of Kennebeck, stating, that they, on the twenty-sixth 
day of April, A. D. 1813, became bound by reeoguizance to 
the Commonwealth, before Isaac Livermore, Esq. for the 
persooal appearance of one Charles Swift, at the Supreme 
Judicial Court, to be holden at Portland, in the couuty of 
Cumberland, for the counties of Cumberland and Oxford, 
on the fourth Tuesday of May, A. D. 1813 ; — that said 
Charles had absconded, and notwithstanding every exertion 
on their part, they had been unable to surrender him — and 
that judgement had been recovered against tliem respectively 
in favor of the Commonwealth, at the Supreme Judicial 
Court at Portland, on the third Tuesday of October, A. D. 
1813, for the amount of said recognizances and costs, viz. 
-^against Walton, for the sum of SlOO, debt or damage, 
and S19 66 costs — and against tlie said Alfred Swift for 
SlOO, debt or damage, and S19 46 costs : 

Resolved, For the reasons set forth in said petition, that 
the Attorncy.Gcneral be, and he is hereby authorized and 
directed to discharge the said Walton and Swift respective 
ly from said judgments and the executions that Kiay have 
issued thereon, on their payiug the amount of costs that have 
accrued thereon. 



CHAP. cxin. 

Resolve on petition of Zcphaniah Bufjintony authorizing 
Elisha and Charles Wells to convey estate to John Wells 
upon condition. February 7th, 1814-. 

On the petition of Zephaniah Buffington and Joanna, his 



3S6 GRANT^G TAXES TO COVNTIES-Februar?/ 8, 18U. 

wife, Elisha Wells, John Wells and Charles Wells, pray- 
f ng for liberty to exchange certain real estategiven by John 
Wells late of Cheshire, in the county of Berkshire, clecea* 
sed, to the said Elisha, John and Charles, in trust for the 
said Joanna and her heirs, for a certain farm owned by said 
John Wells : 

Ilesolved, For reasons set forth in said petition, that E- 
lisha Wells and Charles Wells, two of the Trustees afore- 
said, be, and they hereby are authorized and empowered, to 
convey to the said John Wells, his heirs and assigns, in fee 
simple, by good and sufficient deed, all the real estate given 
by said John Wells deceased, in his last will and testament 
to the said Elisha, John and Charles, in trust for the said 
Joanna and her heirs — Provided however, that the said 
John Wells shall, in consideration of the said conveyance 
to him, by good and sufficient deed, or other legal instrur 
ment for that purpose, convey to the said Elisha and Charles 
in tnist, and to hold in the same manner as the lands given 
to them in the last will and testament of said J ohn deceased, in 
trust for the said Joanna and her heirs, are intended to be 
held, a certain farm owned by him in Cheshire aforesaid, and 
known by the name of the Allen farm, and also a certain 
piece of land at the west end of said farm, bought by said 
John of Elisha Wells, the whole being about one hundred 
and forty acres — And the conveyance so made by the said 
Elisha and Charles, shall operate as a full conveyance of 
all the right and interests the said Joanna and her heirs 
have in and to the lands, so given as aforesaid, in the last 
will of said John deceased, to the said Elisha, John and 
Charles Wells, in trust as aforesaid. 



CHAP. CXIV. 

JResolve granting taxes to several counties. 
February 8th, 1814. 

Whereas the Treasurers of the following counties lijvve 
laid their accounts before the Legislature, which accounts 
have been examined and allowed ; and whereas the Clerks 
of the Courts of Sessions for said counties, have exhibited 
estimates made by the said Courts, of the necessary charges 
which may arise within the said several counties for the year 



PAY TO JOHN SEhEY—FehruarT/ 9, 1814. 387 

eiisuins;, and of the sums necessary to discharge the debts 
of the said counties : 

Resolved, That the sums annexed to the several countieS;» 
contained in the following schedule be, and the same are 
hereby granted as a tax for each county, respectively ; to 
be apportioned, assessed, paid, collected and applied for the 
purpose aforesaid, according to law : — 

Oxford, two thousand five hundred dollars - - S 2,500 
Cumberland, six thousand dollars . - - - 6,000 
York, five thousand five hundred dollars - - - 5,500 
Hampshire, thre« thousand five hundred dollars - 3,500 

Berkshire, four thousand dollars 4,000 

Worcester, three thousand dollars 3,000 

Middlesex, six thousand six hundred dollars - 6,600 

Somerset, two thousand dollars 2,000 

Keniiebeek, six thousand dollars 6,000 

]Sorfolk, one thousand eight hundred and eighty , 

dollars 1,880 

Hampden, four thousand dollars 4,000 

Lincoln, five thousand seven hundred and fifty- 
two dollars r 5,752 



CHAP. CXV. 

Resolve for paying John Seley, a soldier in the ^th Massa^ 
chusetts regiment during the revolutionary war. Febru- 
ary 9th, 1814. 

^On the petition of John Seley, praying compensation for 
services as a soldier in the 4th Massachusetts regiment, dur- 
ing the revolutionary war : 

Resolved, For reasons set fortli in said petition, that there 
be granted and paid out of the Treasury of the Common- 
wealth, to said John Seley, the sum of seventy-four dollars 
in full for his services aforesaid : — And His Excellency the 
Governor with the advice of Council, is hereby authorized 
and requested to draw his w^arrant on the Treasury accord- 
ingly. 



38S PET. GARLAND AND ESSEX, &c FebrmrT/O, 1814. 

CHAP. CXVI. 

Resolve on the 'petitions of the towns of Garland and Exeter, 
and the petition of Joseph JBrigham, February 9tli, 1814. 

The Committee to whom was referred tlie petitions of tlie 
Selectmen of the town of Garland, and of E. Hammond, in 
hehalf of the town of Exeter, praying to be compensated for 
provisions furnished to a detachment of militia under com- 
mand of Captain Thomas George, stationed at Eastport, in 
August, 1812 — And the petition of Joseph Brigham, ensign 
in said detachment, praying to be remunerated for expences 
which he was under a process of law compelled to pay for 
elamage done to a boat employed in the service of said de- 
tachment — ask leave to report the following Resolve, 

THOMAS DWIGHT, 

Per Order. 

Resolved, That by virtue of the 2ith section of a law of 
this Commonwealth, passed on the 6th day of March, A. 
D. 1810 — there be allowed and paid out of the Treasury of 
said Commonwealth, to the following towns and persons 
hereafter named, the sums affixed to their names respective- 
ly — the items of said sums having been examined and found 
duly vouched — viz. — 

To the Selectmen of the town of Garland, - S 39 7^ 

- - Exeter, - - 17 48 

and to Joseph Brigliam, - - - - SO 



CHAP. CXYII. 

Resohe for faying troops detached in July last, for protec- 
tion of tlie Gaol in Castine, and for rations supplied by the 
town of Ellsworth. February 11th, 1814. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, to Colonel John Black, the 
sum of three hundred and fifty-one dollars and fifty 
cents ; and that the same be by him paid to the detachment 
of troops ordered out in July last, on the application of Mo- 
ses Adams, Esq. Sheriff of the county of Hancock, for the 



PAY TO DETACHED TROOPS— Je&rz^ary 11, 1814. S89 

protection of the Commonwealth's Gaol at Castine, against 
a threatened attack ; — and that each ofiBcer, non commis- 
sioned officer and private, be paid the sum set against his 
name on the pay roll, which shall be in full for said service 
at Castine. 

Besolvedj That a further sum of one hundred and twenty- 
nine dollars and four cents, be allowed and paid to the Se- 
lectmen of the town of Ellsworth, for rations supplied by 
them for the aforenamed detachment ; and that his Excel- 
lency the Governor be requested to draw his warrant on the 
Treasury accordingly. 



CHAP. CXVIII. 

Mesolvefor paying troops detached for the defence of Mount 
Desert, and the town of Ellsworth for rations furnished 
them. February 11th, 1814. 

Mesolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, to Colonel John Black, the sum 
of three hundred ninety eight dollars and sixty three cents, 
and to be by him paid to the detachment of troops ordered 
out in March last, for the defence of Mount Desert ; and 
that each officer, non-commissioned officer and private be 
paid the sum set against his name on the pay-roll, which 
shall be in full for performing said duty at Mount Desert. 

Resolvedf That a further sum of one hundred thirteen 
dollars and sixteen cents, be allowed and paid out of the 
Treasury, to the Selectmen of the town of Ellsworth, to re- 
imburse them for rations supplied the aforenamed detach- 
ment ; and that his Excellency the Governor be requested 
to draw his warrant on the Treasury accordingly. 



CHAP. CXIX. 

Resolve on Ebenezer MarcWs petition, g^fantiag and con- 
firming 700 acres of land to legatees of Benjamin Green4 
leaf February lltli, 1814. 

On the memorial of Ebenezer March, executor of the last 
will and testament of Benjamin Greenleaf, late of Newbury- 



3D6 pay to detached TROOVS—Feimmy 11, 1814. 

port, in the county of Essex, and Commonwealth aforesaid/ 
Esquire, deceased, setting forth, that in November, 1785^ 
the then General Court, by a resolve of that date, granted un- 
to said Benjamin Greenleaf, seven hundred acres of land, 
to be laid out in the then county of Cumberland or Lincoln, 
under the direction of the agents of the Commonwealth for 
the sale of eastern lands ; that Alexander Greenwood, Esq. 
commissioned by the agents aforesaid, and at the request of 
said memorialist, in January, 181S, did return a plan of se- 
ven hundred acres of land in the county of Hancock, into the 
oflRce of the agents aforesaid, to satisfy the grant aforesaid : 
That by the will of the aforesaid Benjamin Greenleaf, the 
said grant of land is the property of Elizabeth Parsons, wi- 
dow of the Hon. Theophilus Parsons, late of Boston, Esq. 
deceased — Sarah Greenleaf, of Newburyport, aforesaid, sin- 
gle woman — Hannah Boyd, wife of Robert Boyd, of Port- 
land, merchant — Mary Greenleaf, of Newburyport afore- 
said, single woman, and Jane Cross, wife of Ralph Cross, of 
the aforesaid Portland, merchant, residuary legatees of said 
Benjamin Greenleaf, and praying that the said land may be 
conveyed to the said legatees and their heirs and assigns : 

Resolved, That the aforesaid seven hundred acres of land, 
bounded as follows, viz. — beginning at a maple tree being 
the north-east corner of Joseph E. Foxcroft's land, marked 
C with a cross, A. G. R H Sept. 18th and 21st, 1811. J. 
E. F. E M, thence running east 350 rods to the north-east 
corner of said tract of land, to a birch marked as follows, 
viz. — X. R H. Sept. 21st, 1811, E M. thence running south 
320 rods to the southeast corner of said tract, to a beech 
marked as folloAvs, C with a cross, A G. Sept. 21st, 1811, E 
M. thence running west 350 rods, to the south-west corner 
of said tract, to a beech marked G with a cross, A G, Sept. 
21st, 1811, E M — thence north 320 rods to the first bounds : 
— be and hereby is granted, conveyed and ccmfirmed, unto 
the aforesaid Elizabeth Parsons, Sarah Greenleaf, Hannah 
Boyd, Mary Greenleaf, and Jane Cross, and thier heirs and 
assigns forever — in full satisfaction of the usid grant of No- 
vember, 1785. 



WISCAS. BANK CORPORATION— Feirwarj/ 11,1814. 391 

CHAP, CXX. 

Mesolve discharging the Wiscasset Bank Corporation from 
the penalty incurred by not seasonably i^eturning a state- 
ment af said Bank. February 11th, 1814<. 

Whereas the Directors of the Wiscasset Bank neglected 
to make a return of the situation of their said Bank in due 
form, within the time limited by law ; and whereas it ap- 
pears, that said neglect was owing to accident, and not to an 
intention to evade the requirements of law, or to conceal from 
the proper authority the situation of their said Bank, and the 
return has since been duly made, except as to time — There- 
fore, 

Resolved, That the said Corporation be, and they are 
hereby fully discharged from the penalty annexed to such 
neglect by a law of this Commonwealth, made and passed 
the 27th day of February, in the year of our Lord one tliou- 
sand eight hundred and thirteen, entitled '• An Act direct- 
ing the modfe and time of making returns of the several in- 
corporated Banks in this Commonwealth, to His Excellen- 
cy the Grovernor and the Honorable Council." 



CHAP. CXXL 

Mesolve extending the time for the Trustees of Sandwich 
Academy to locate half a township of land granted to 
them. February ISth, 1814<, 

On the petition of Jonathan Leonard, President of the 
Trustees of Handwich Academy, praying for a further ex- 
tention of the time of location of a half township of land 
granted by the Legislature of this Common w^ealth, to said 
institution : — 

Resolved, For reasons set forth in said petition, that the 
time for the location of the lands granted to the Trustees of 
said Institution is hereby extended five years from the date 
of this Resolution — any Resolve to the contrary notwith 
standing. 

7 



392 DIS. Q. M. G: FROM MONS. REC^Fehuart/ 14, 1814. 
CHAP. CXXII. 

Mesolve discharging the Quarter^J^Iaster-GeneralfrommO' 
mes received, for paying the balance of his account, and 
making an appropriation for his department, February 
14tli^ \814. 

The Committee of both Houses to whom was referred the 
Q I irfcer- Master- (jreaeraFs communication, anil also his an- 
nual return, and his account of money expended in his de- 
partment the year past, have attended to the duties of their 
appointment, and report the following Resolutions — whiah 
is submitteded by 

LOTHROP LEWIS, Chairman. 

JResolvedf That Amasa Davis, Esq. Quarter-Master-Ge- 
neral, be, and he hereby is discharged from the sum of eigh* 
teen thousand one hundred and forty-seven dollars and 
ni'nety-four cents, which he expended, including his salary 
oltice rent, and clerk hire, amounting to two thousand dol- 
lars for one year, ending the seventeenth day of January, 
in the year of our Lord one thousand eight hundred and 
fourteen, out of the sura he has received the last year, by 
warrant on the Treasurer. 

Resolved, Tliat the sura of one thousand one liundred for- 
ty-seven dollars and ninety-four cents, be paid to the said 
Amasa Davis, Esq. from the Treasury of this Common- 
wealth, as the balance of his account. 

llesolred, That the sum of fifteen thousand dollars be 
paid to tlie said (|uarter-Master-General, from the Treasu- 
ry of this Commonwealth, to meet the expences of his de- 
partment the ensuing year ; for the application of which, 
he is to be accountable ; and that His Excellency the Gov- 
ernor, ])e requested to issue his Avarrant on the Treasury for 
the amount, at such periods and in such sums, as His Ex- 
cellency with the advice of Council, may deem expedient 
tor the public service. 



CHAP. CXXIIL 

The Committee of both Houses, who were appointed" to 
consider the propriety of conforming the valuation estab- 



VALUATION. 393 

lished on the thirtieth day of January, one thousand eight 
hundred and twelve, to the Resolve of both Houses, which 
passed on the tenth day of June, one thousand eight hun- 
dred and thirteen, relative to the estimation of rateable 
polls," have attended to that service, and ask leave to re- 
port the following apportionment of the sum of one thousand 
dollars upon the several towns, districts and taxable planta- 
tions in this Commonwealth, as the ratio by which they are 
to be assessed in future — which is submitted by 

LOTHROP LEWIS, Chairman. 

COUNTY OF SUFFOLK. 

Pol's Towns A?sriegate Pay nn §1009 

9,993 Bosfon, 1,287,417 60 156 46 

101 Chelsea, 9,714 58 1 21 



10,094 1,297,132 18 157 67 
COUNTY OF ESSEX. 

3,041 Salem, 327,561 22 

825 Danvers, 46,630 32 

825 Ipswich, 37,136 06 

1,392 Newbury, 78,151 88 

1,980 Newburyport, 127,008 24 

1,500 Marblebead, 82,974 44 

1,147 Lynn, 32,415 85 

128 Lynnfield, 5,715 87 

684 Andover, 38,544 23 

1,008 Beverly, 49,374 52 

407 Rowley, 20,704 68 

511 Salisbury, 21,349 56 

630 Haverhill, 32,941 16 

1,276 Gloucester, 47,023 72 

199 Topsfield, 11,734 84 

474 Amesbury, 19,461 30 

377 Bradford, 17,183 79 

293 Methuen, 14,020 36 

224 Boxford, 13,704 26 

107 Wenham, 6,514 67 

959 Manchester, 10.298 84 

197 Hamilton, 10,227 92 

159 Middleton, 7,841 96 



40 31 


6 \3 


5 05 


10 28 


16 43 


10 94 


4 84 


78 


5 07 


6 71 


2 76 


2 94 


4 38 


6 63 


1 54 


2 68 


2 33 


1 89 


1 78 


85 


1 43 


1 36 


1 C3 



17,723 1058,519 69 138 16 



394 VALUATION. 

COUNTY OF MIDDLESEX. 

Polls Tewns Aggregate 

584 Cambridge, 30,477 35 

393 Watertown, 24,465 07 

1,264 Charlestown, 76,870 39 

299 Woburn, 13,172 63 

383 Concord, 23,931 55 

436 Newton, 22,582 44 

396 Reading, 19,772 13 

419 Marlborough, 21,816 04 

316 Billerica, 14,843 47 

395 Framinghamj 18.509 11 

217 Lexington, 13,813 64 

339 Chelmsford, 12 659 78 

229 Sherburne, 10,698 88 

258 Sudhury, 13^970 02 

391 Maiden, 15,858 34 

269 Weston, 16,090 43 

367 Medford, 26,311 19 

325 Hopkinton, 15,017 86 

279 Westford, 12,755 22 

280 Waltham, 18,139 71 
182 Stow, 8,853 30 

99 Boxborough, 4,095 80 

429 Groton, 20,065 04 

164 Shirley, 6,273 53 

288 Pepperell, 9,453 SG 

290 Townsend, 8,799 84 

314 Dracut, 11,734 99 

145 Bedford; 8,354 18 

257 HoUiston, 13,020 37 

214 Acton, 7,564 02 

163 Carlisle, 6,613 23 

113 Dunstable, 5,564 02 

210 East-Sudbury, 10,044 38 

141 Lincoln, 9,524 87 

19^ Tyngsborough, 6,908 28 

192 Tewksbury, 7,564 18 

ISO Wilmington, 6,686 04 

254 Ashby, 9,233 22 

207 Littleton, 9,458 90 

181 Natick, 8,620 93 

117 Stonehara, 4.266 74 

130 Burlington, 5^853 72 

278 West-Cambridge, 10,514 75 

171 Brighton, 12,030 05 

13,002 633,489 77 85 08 



Pay on SlOOP 


4 05 


3 18 


10 01 


1 80 


3 11 


3 00 


2 85 


2 90 


2 00 


2 50 


1 84 


1 78 


1 45 


1 85 


2 20 


2 10 


3 36 


2 03 


1 73 


2 34 


1 19 


57 


2 71 


88 


1 37 


1 29 


1 65 


1 10 


1 74 


1 07 


98 


75 


1 34 


1 22 


98 . 


1 05 


95 


1 30 


1 28 


1 16 


60 


80 


1 48 


1 54 



VALUATION. 



393 



COUNTY OF HAMPSHIRE. 



Polls Towns 

678 Northampton, 

297 Hadley, 

299 Worthington, 

190 West-Hampton, 

232 Cummington, 

251 Williamsburg, 

290 Chesterfield, 

298 Greenwich, 
158 East-Hampton, 
600 Belchertown, 
183 Norwich, 
213 Granby, 

218 Plainfield, 

269 Southampton, 

183 Middlefield, 

212 South-Hadley, 

239 Ware, 

156 Goshen, 

217 Hatfield, 

261 Pelham, 

419 Amherst, 



Aggreg»te 

30,286 17 

15,806 53 

11,700 17 

8,636 47 

8,134 17 

10,132 15 

8,876 47 

8,535 21 

4,398 01 

15,782 95 

6,067 92 

6,843 57 

8,343 19 

8,654 47 

7,545 67 

68 

37 

99 

05 

,,795 88 

14,494 15 



Pay on glOO* 
4 12 



7,288 
6,746 
5,584 
12,955 
6, 



03 
63 
17 
16 



1 40 



1 SO 

1 27 
66 

2 40 
87 
99 

1 17 



25 



1 04 



04 
01 
79 
69 
04 
13 



5863 




213,608 24 


SO 16 




COUNTY OF HAMPDEN. 




825 


Springfield, 


28,199 25 


4 03 


830 


West-Springfield, 


30,971 93 


4 36 


498 


Westfield, 


19,773 50 


2 75 


375 


Southwick, 


8,964 02 


1 40 


281 


Long Meadow, 


10,447 69 


1 47 


106 


Holland, 


3,697 84 


53 


156 


Montgomery, 


2,925 54 


49 


250 


Palmer, 


6,957 70 


1 04 


327 


Blandford, 


13,090 70 


1 81 


421 


Wilbraham, 


13,323 96 


1 94 


153 


South-Brimfield, 


5,419 50 


77 


375 


Brimfield, 


12,639 04 


1 81 


389 


Granville, 


12,232 94 


1 78 


100 


Russell, 


3,086 42 


45 


358 


Chester, 


9,077 10 


1 39 


375 


Monson, 


12,625 17 


1 81 


169 


Tolland, 


5,805 48 


83 


165 


Ludlow, 


4,724 14 


70 



6,153 



203,881 92 



29 36 



S96 



VALUATION. 
COUNTY OF PLYMOUTH. 



Polls 

969 
709 
552 
1,239 
1,069 
847 
231 
451 
279 
395 
270 
172 
200 
205 
605 
32 
313 

8,538 



982 
548 
548 
375 
631 
361 
609 
393 
387 
266 
S70 
247 
215 
388 
904 
604 
208 
242 

8,286 



To wins 

Plymouth, 

Scituate, 

Duxbury, 

Bridgewater, 

Middleborougb, 

Rochester, 

Plympton, 

Pembroke, 

Kingston, 

Abington, 

Hanover, 

Halifax, 

Wareham, 

Carver, 

Hingham, 

Hull, 

Marshfield, 



48 
74 
80 



Aggregate 

33.345 80 

32,862 

18,151 

48.902 

37,533 75 

18,415 69 

6,496 39 

18,562 05 

12,653 52 

15,071 58 

12,046 93 

5,680 29 

5,826 97 

6,279 72 

25,658 20 

2,163 63 

16,212 33 

315.864 27 



COUNTY OF BRISTOL. 



Taunton, 

Rehoboth, 

Seekonk, 

Swanzey, 

Dartmouth, 

Norton, 

Attleborougb, 

Dighton, 

Freetown, 

Raynham, 

Easton, 

Mansfield, 

Berkley, 

Fair haven, 

New-Bedford, 

West port, 

Somerset, 

Troy, 



Pay on glOOO 


4 76 


4 43 


2 62 


6 85 


5 33 


2 93 


96 


2 66 


1 70 


2 10 


1 64 


81 


85 


91 


3 51 


27 


2 15 



44 48 



29,598 44 


4 36 


15,240 78 


2 26 


15,240 78 


2 26 


12,008 49 


1 75 


WS36 79 


2 99 


14,267 97 


1 98 


23,236 46 


3 25 


11,882 56 


1 77 


11,705 02 


1 71 


8-897 95 


1 27 


11,717 57 


1 71 


6,974 01 


1 04 


8, 16 96 


1 14 


27,199 07 


3 33 


66,797 88 


8 67 


20,438 75 


2 95 


7,874 03 


1 10 


9,002 73 


1 27 


321,036 24 


44 81 





VALUATION. 


3< 




COUNTY OF BARNSTABLE. 




l»olU 


Towns 


Aggregate 


Pay on SlOQJf* 


802 


Barnstable, 


19 070 96 


2 98 


573 


Sandwich, 


18,955 29 


2 74 


488 


Yarmouth, 


12,105 85 


1 87 


178 


Eastham, 


3,071 66 


53 


399 


Harwich, 


7,993 30 


1 30 


324 


Wellfleet, 


4,182 17 


80 


699 


Falmouth, 


15,800 33 


2 39 


272 


Truro, 


4,617 04 


80 


349 


Chatham, 


6,503 31 


1 08 


220 


Provincetown, 


5,112 84 


82 


359 


Dennis, 


5,988 19 


1 03 


303 


Orleans, 


4,498 46 


81 


276 


Brewster, 


6,921 74 


1 06 


5,142 


114,821 14 


18 21 




DUKES 


' COUNTY. 




289 


Edgartown, 


6,312 96 


1 01 


254 


Tisbury, 


8,645 21 


1 24 


176 


Chilmark, 


10,016 04 


1 32 



719 



2,043 



24,974 21 
COUNTY OF NANTUCKET. 

Nantucket, 126,268 48 

COUNTY OF WORCESTER. 



3 57 



16 41 



292 


North-Brookfield, 


11,385 83 


1 59 


600 


Worcester, 


63,666 40 


7 84 


405 


Lancaster, 


16,978 55 


2 34 


422 


Mendon, 


17,483 36 


2 41 


533 


Brookfield, 


20,814 90 


2 90 


314 


Oxford, 


10,783 61 


1 54 


600 


Charlton, 


25,112 08 


3 45 


388 


Sutton, 


16,130 07 


2 22 


294 


Leicester, 


13,797 88 


1 86 


348 


Spencer, 


15,476 96 


2 11 


287 


Rutland, 


17,080 07 


2 23 


200 


Oakham, 


8,070 66 


1 12 


282 


Hubbardston, 


11,936 39 


1 64 


215 


JSew-Braintree, 


9,675 53 


1 30 


204 


Southborough, 


9,525 22 


1 29 



398 



s 


VALUATION. 


Polls 


Towns 


Aggregate 


265 


Westborougb, 


12,740 52 


197 


Northborough, 


8,519 78 


330 


Shrewsbury, 


13,140 22 


291 


Lunenburgb, 


12,297 24 


378 


Fitch burgh, 


11,532 85 


303 


Uxbridge, 


17,148 39 


150 


Northbridge, 


5,130 95 


222 


Millbury, 


9,088 59 


375 


Harvard, 


13,503 01 


267 


Bolton, 


• 10,536 80 


142 


Berlin, 


6,245 42 


470 


Sturbridge, 


20,440 30 


384 


Hardwick, 


14,439 91 


257 


Western, 


10,717 91 


399 


Leominster, 


13,536 05 


260 


Holden, 


12,310 92 


250 


Douglas, 


7,532 67 


254 


Giafton, 


12,363 44 


375 


Petersham, 


17,251 28 


321 


Royalston, 


10,621 67 


384 


Westminster, 


15,830 56 


254 


At hoi. 


10,360 65 


284 


Templeton, 


10,444 95 


254 


Princetown, 


15,438 30 


259 


Ashburnham, 


9,950 36 


301 


Winchendon, 


10,851 42 


224 


Upton, 


7,608 27 


298 


Dudley, 


.12,276 90 


159 


Paxton, 


7,162 53 


452 


Barre, 


24,088 88 


133 


Ward, 


6,549 28 


208 


Milford, 


11,245 42 


422 


Sterling, 


16,771 77 


181 


Boylston, 


9,204 02 


197 


Gardner, 


7,017 60 


203 


Gerry, 


8,423 35 


156 


Dana, 


3,253 05 


174 


West-Boylston, 


7,911 01 


5,827 


701,312 75 



COUNTY OF BERKSHIRE. 



Fay on SlOOO 


1 71 


1 


17 


1 


82 


1 


69 


1 


69 


2 


25 





73 


1 


26 


1 


91 


1 


47 


85 


2 


79 


2 


03 


1 


48 


1 


94 


1 


67 


1 


11 


1 


66 


2 


34 


1 


53 


2 


18 


1 


44 


1 


47 


2 


01 


1 


39 


1 


54 


1 


09 


1 


69 


98 


3 


19 





88 


1 


49 


2 33 


1 


23 


1 


00 


1 


17 





53 


1 


07 



95 62 



476 Sheffield. 17,821 77 2 50 

74 Mount Washington,2,3008 40 30 

404 Great-Barringlon, 13,119 54 J 90 

434 New-Marlborough, 11,377 63 1 77 





VALUATION. 


3! 


PoH8 


Towtis 


Aggregate 


Pay OD Si 000 


401 


Williamstown, 


17,342 94 


2 37 


310 


Lanesboroughj 


13,543 62 


1 85 


84 


New-Ashfield, 


2,677 43 


39 


751 


Pittsfield, 


25,956 91 


3 70 


300 


Lenox, 


11,015 26 


1 55 


346 


Srockbridge, 


13,615 61 


1 90 


166 


Egremont, 


5,486 96 


79 


405 


Tyringhara, 


8,960 50 


1 42 


375 


Sandisfield, 


12,382 13 


1 78 


46 


Southfield, 


1,479 42 


21 


217 


Becket, 


8,263 86 


I 14 


234 


Windsor, 


7,126 64 


1 05 


247 


Hancock, 


7,831 99 


1 14 


242 


Richmond, 


10,847 00 


1 48 


187 


Washington, 


5,844 90 


85 


238 


West-Stockbridge. 


, 7,186 40 


1 06 


118 


Alford, 


4,421 28 


62 


453 


Adams, 


13,791 23 


2 03 


375 


Lee, 


9,961 98 


1 51 


375 


Cheshire, 


13,583 92 


1 92 


183 


Dalton, 


6,631 85 


94 


165 


Savoy, 


3,728 01 


58 


52 


Clarksburgh, 


1,667 04 


24 


238 


Otis, 


5,182 10 


83 


167 


Hinsdale, 


6,182 94 


86 


85 


Florida, 


1,396 24 


24 


204 


Peru, 


6,469 10 


94 


24 


Gore of Land, \ 
No. of Florida,/ 


279 72 
277,184 26 


>s 


8,385 


39 92 




COUNTY OF NORFOLK. 




1,050 


Roxbury, 


62,357 70 


8 14 


642 


Dorchester, 


39,014 19 


5 08 


375 


Milton, 


17,784 69 


2 40 


270 


Braintree, 


14,427 34 


1 91 


422 


Weymouth, 


20,466 47 


2 75 


642 


Dedhara, 


28,795 85 


3 92 


188 


Brookline, 


17,593 70 


2 19 


204 


Medfield, 


8,994 52 


1 23 


123 


Dover, 


7,138 86 


93 


237 


Stoughton, 


6,535 36 


98 


200 


Sharon, 


8,932 53 


1 22 


333 


Medway, 


13,937 36 


1 92 


278 


Walpole, 


12,128 89 


1 66 


600 


Wreatham, 
8 


22,835 94 


3 20 



400 



PoHs 

375 
19S 
291 
216 
193 
267 
279. 
375 

7,753 



268 
403 
474 
280 
224 
135 
241 
216 
208 
291 
182 
217 
220 
194 
403 
175 
241 
194 
223 
228 
235 
412 
158 
448 
34 

6,304 



687 

410 

372 

1,056 





VALUATION. 




Towns 


Aggregate 


Pay oh jglOOO 


Franklin, 


16,453 01 


2 25 


Bellingham, 


8,205 57 


1 13 


Needham, 


11,839 11 


1 64 


Cohasset, 


©,902 22 


1 34 


Foxborougb, 


7,976 41 


1 10 


Quincy, 


17,668 55 


2 28 


Randolph, 


10,927 91 


1 51 


Canton, 


9,121 67 
373,037 85 


1 41 


' 


50 19 


COUNTY OF FRANKTJN. 




Greenfield, 


12,963 85 


I 75 


Deer field, 


19,360 60 


2 6!^ 


New-wSalem, 


14,470 22 


2 12 


Northfield, 


12,010 77 


I 66 


Wendell, 


5,658 89 


87 


Sunderland, 


4,961 69 


70 


Montague, 


6,938 32 


1 04 


Shutesbury, 


4,744 28 


75 


Orange, 


6,514 25 


95 


Warwick, 


10,757 00 


1 52 


Leverett, 


4,062 m 


64 


Charleraont, 


6,188 '^b 


92 


Ley den, 


7,047 75 


1 02 


Heath, 


4,866 42 


75 


Ashfield, 


10,931 84 


• 1 66 


Bernardstown, 


7,082 28 


98 


Hawley, 


5,794 09 


90 


Rowe, 


4,116 96 


a 66 


Shelburne, 


7,892 93 


1 12 


Buckland, 


%3Q3 92 


95 


Whately, 


8,703 81 


1 ^3 


Conway, 


16,780 77 


2 34 


Gill, 


4,996 22 


73 


Colerain, 


15,061 71 


2 17 


Erving's Gore 


plant. 1,310 05 
210,239 55 


18 




SO 23 



COUNTY OF YORK. 



York, 


^^fi^3 36 


3 C6 


Kittery, 


14,977 42 


2 12 


Elliot, 


13,607 04 


1 92 


Wells, 


35,429 76 


5 08 





VALUATION 


PoUs 


Tewns 


Aggregate 


473 


Arundell, 


17,647 91 


378 


Biddeford, 


13,408 59 


937 


Berwick, 


33,529 62 


436 


Lebanon, 


10,727 78 


366 


Sandford, 


6,913 44 


237 


Alfred, 


6,559 43 


286 


Lyman, 


6,798 70 


289 


Phillipsburgh, 


6,754 14 


308 


Waterborougb, 


6,292 90 


511 


Shapleigh, 


12,990 53 


180 


Newfield, 


3,412 98 


385 


Parsonsfield, 


10,819 79 


401 


Limington, 


8,573 48 


212 


Cornish, 


5,774 77 


543 


Limerick, 


7,212 10 


491 


Buxton, 


16,467 96 


635 


Saco, 


24,180 27 


9,293 


288,522 07 




COUNTY OF 


CUMBEB 


1,406 


Portland, 


91,295 24 


1,050 


Falmouth, 


29,532 52 


831 


North- Yarmouth, 


29,481 82 


499 


Scarborough, 


22,018 74 


601 


Goi'ham, 


17,694 06 


350 


Cape-Elizabeth, 


8,412 98 


472 


Brunswick, 


15,698 47 


476 


Freeport, 


15,759 94 


359 


New-Gloucester, 


15,217 35 


256 


Harpswell, 


8,982 52 


365 


Windham, 


10,722 83 


335 


Standish, 


9,599 65 


276 


Gray, 


9,500 87 


363 


Durham, 


11,803 07 


186 


Poland, 


4,286 35 


480 


Minot, 


10,463 28 


289 


Otisfield, 


5,060 63 


193 


Bridgetown, 


5,795 39 


182 


Raymond, 


3,603 51 


133 


Baldwin, 


3,158 24 


168 


Pownal, 


4,001 98 


165 


Pejepscot, 


3,273 98 


92 


Harrison, 


2,317 77 


60 


Thompson pond & 


'\ 813 88 


Shaker settlement, 


9,577 


338,495 07 



401 



Pay on 


Siooo 


2 48 


1 


90 


4 


75 


1 


65 


1 


15 





98 


1 


06 


1 


05 


1 


02 


2 


06 





57 


1 


62 


1 


38 





87 


1 


06 


2 


36 


3 


38 



42 12 



11 


79 


4 


41 


4 


19 


3 


01 


2 


62 


1 


31 


2 


26 


2 


27 


2 


10 


1 


28 


1 


59 


1 


43 


1 


36 


1 


71 





68 


1 


68 





77 





86 





59 





50 


63 





54 





36 



14 



48 08 



02 


TALUATION. 






COUNTY OF LINCOLN. 




Pol's 


Towns 


Aggregate 


Pay en glOOO 


499 


Georgetown, 


12,006 87 


1 87 


275 


New-Castle, 


9,140 76 


1 32 


257 


Woolwich, 


9,286 91 


1 31 


486 


Wiscasset, 


21,609 30 


2 95 


330 


Bowiioinham, 


7,647 83 


1 20 


292 


Topsham, 


8,688 13 


1 28 


372 


Booth bay, 


7,401 38 . 


1 21 


64S 


Bristol, 


16-932 71 


2 ^7 


518 


W^akloboroijgh, 


13,9rt5 76 


2 10 


281 


Edficomb, 


7,S35 15 


1 12 


S47 


Warren, 


10,388 64 


1 53 


495 


Thomaston, • 


12,924 09 


1 97 


634 


Kath, 


20,099 37 


2 92 


292 


Union, 


6,326 86 


1 01 


358 


Bowdoin, 


6.451 84 


1 09 


285 


JVobleborougb, 


6,469 45 


1 02 


135 


Cushin^, 


3,284 87 


51 


377 


Camden, 


8,676 27 


1 36 


2^6 


Dresden, 


5 998 70 


94 


3S8 


Alna, 


7,281 90 


1 02 


238 


Lewiston, 


4,969 05 


80 


419 


Litchfield, 


6,7.S3 81 


1 18 


35G 


Lisbon, 


6,602 72 


1 11 


249 


St. George, 


3,669 64 


67 


383 


Hope, 


3,331 53 


56 


178 


Palermo, 


2,977 19 


52 


235 


Montville, 


3,557 94 


64 


^66 


Jefl'eihon, 


5.256 42 


86 


109 


Friendship, 


2,301 22 


37 


217 


Whitfield, 


4 443 50 


72 


79 


Putnam, 


1,662 79 


27 


96 


Wates, 


1,786 62 


30 


72 


Appleton Ridge pi. 


1,563 65 


25 


3^ 


Montville platation, 


1,053 86 


16 


25 


Pairicktown plant. 


926 85 


13 


10 


Collamore Hidge pi 


. 721 23 


09 


10,093 


253,464 81 


38 93 



COUNTY OF KENNEBECK. 



443 


Augusta, 


10,551 51 


1 65 


!^9 


Belgrade, 


3,447 19 


60 


103 


Chester ville, 


2,510 21 


39 





VALUATION. 




Polls 


Towns 


Aggregate Pay on %10 


^31 


Clinton, 


4,757 78 


77 


173 


Fayette, 


4,302 84 


62 


402 


Farmingtoiij 


9,741 96 


1 52 


218 


Fairfax, 


4.240 57 


70 


237 


Gardiner, 


8,259 96 


1 18 


257 


Greene, 


7,236 04 


1 08 


202 


Harlem, 


4,702 73 


74 


484 


Hallowell, 


14,278 35 


2 11 


276 


Leeds, 


5,365 17 


89 


288 


Monmouth, 


6,410 16 


1 02 


240 


Mount Vernon, 


5,565 68 


87 


130 


Malta, 


1,698 96 


32 


197 


New-Sharon, 


4,554 43 


72 


213 


Pittston, 


6,457 34 


95 


131 


Rome, 


781 01 


22 


326 


Readfield, 


8,918 12 


1 34 


370 


Sidney, 


8,995 13 


1 39 


lU 


Temple, 


1,551 22 


29 


176 


Unity, 


2,978 82 


52 


94 


Vienna, 


2,331 52 


36 


4;50 


Vassalborough, 


13,392 17 


1 97 


321 


Winthrop, 


10,570 31 


1 53 


127 


West-pond plant. 


1,248 82 Dearborn 


27 


191 


Wayne, 


3,584 89 


60 


153 


Wilton, 


3,045 05 


50 


166 


Winslow, 


4,946 09 


73 


293 


Waterville, 


6,716 16 


1 06 


46 


25 Mile-pond plant. 


400 00 


09 


83 


Beaverhill plant. 


500 00 Freedom, 


14 


54 


Bridgetoa plant. 


500 00 


11 



403 



7,398 



174,538 19 



27 25 



COUNTY OF HANCOCK. 



319 
303 
162 
162 
294 
134 
164 
106 
175 
121 
228 
360 
360 



Belfast, 


7,493 76 


1 17 


Penobscot, 


7,186 32 


1 12 


Brewer, 


3,981 00 


61 


Orrington, 


3,368 51 


55 


Sedgwick, 


7,994 55 


1 20 


Isleborough, 


3,114 S6 


49 


Bluehill, 


5,668 52 


81 


Trenton, 


3,380 82 


49 


Sullivan, 


3,838 03 


62 


Goldsborough, 


5,245 86 


72 


VinalhaveUj 


4,190 82 


70 


Frankfort, 


8,324 37 


1 31 


Buckstown, 


7,661 02 


23 



4<)4 



4 


VALUATION. 


~ 


Polls 


Towns 


Aggregate 


Fay on glOOO 


283 


Prospect, 


5,587 34 


92 


288 


Hampden, 


7,573 59 


I 15 


265 


Castine, 


11,334 56 


1 55 


165 


North port. 


4,270 84 


65 


153 


Eden, 


3,351 04 


53 


111 


Orlaiid, 


3,291 30 


49 


163 


Ellsworth, 


4,055 42 


65 


SIS 


Lincolnville, 


5,552 98 


84 


78 


Surrj, 


2,365 30 


35 


80 


Dixmont, 


2,551 20 


37 


65 


Eddington, 


1,547 18 


24 


61 


New-Charleston, 


1,363 38 


22 


63 


Garland, 


1,373 32 


22 


5d 


Exeter, 


1,400 12 


21 


64 


Plant. No. 8 & 9, 


2,045 50 


SO 


S60 


Deer- Isle, 


7,792 65 


1 25 


244 


Bfngor, 


5,660 96 


89 


247 


Mount Desert, 


4,207 22 


72 


25 


Carmel, 


948 50 


13 


38 


Corinth, 


1,032 60 


16 


70 


Orono, 


1,373 70 


22 


J63 


Green's plantation. 


1,294 72 


Si 


95 


Knox's Plantation, 


865 32 


19 


43 


Lincoln Plantation, 


672 20 


P 12 


70 


Jackson Plantation, 


. 877 20 


17 


44 


WashingtonPlantation744 13 


13 


61 


Swan Plantation, 


813 60 


16 


46 


Lea Gore, 


492 65 


10 


51 


Plan.NoS, IstRan^ 


sel,438 60 


21 


33 


Plan. No 2, 9d Range, 929 02 


14 


25 


Plan. No 1, 3d Range, 543 45 


09 


32 


Plan. No 2, Sd Ran 


,ge, 825 94 


13 


32 


Plan. No. 3, 3d Range,690 50 


11 


29 


Plan. No, 3, 6th Range,448 23 


08 


42 


Plan. No. 4, 7thRange,506 32 


10 


36 


Plan. No. 4, east of 
Penobscot river, 


1 363 32 


08 ^ 
15 


71 


Moriaville Flan, 


728 34 



6,852 

Township No. 8, between Penob-*^ ' 
scot River and Lottery Town- I 
ships ; also a Gore lying north j 
of and adjoining INc. 8, J 

Township No. 5, 9th range, \ 
granted to the town of Boston, j 

Townships No. 4 and No. 5, 5thi 



478 80 



134 40 



range, granted to 
College, 



Bowdoin > 



662 40 



05 4 

01 5 
07 



150 86 01 6 



VALUATION. 46§ 

Polls Towns Aggregate Pay on gioeo 

Township No- 4, 2d range, 406 56 04 5 

Part of Township No. 3, on the> 

east side of Penobscot River, ^ 15 00 00 1 

granted to I Southgate, 
Part of Township No. 3, on the 

east side of Penobscot River, . 

granted to Benjamin Eppes & f 

Company, 
Part of Township No. 3, east of 

Penobscot River, granted to A. V 12 00 

Forbes, J 

Twenty-five Townships of Land,^ 

east of Penobscot River, grant- > 4,500 00 

ed to William Bingham, J 

Township No. 10, adjoiningl 

Steuben, granted to William V 252 00 

Bingham, J 



168,973 


13 

1T\ 


11,354 74 
4,002 78 


1,695 
2,953 
2,390 


40 
81 
24 


1,089 


12 


1,555 52 
5,054 04 


2,655 51 

2,156 45 

2,588 20 

666 34 


864 


35 


377 54 


663 82 


340 2& 



426 Machias, 

14^ Columbia, 

88 Addison, 

111 Harrington, 

143 Jonesborough, 
45 Cherryfield, 
75 Robbinston, 

285 Eastport, 

144 Lubec, 

124 Calais, 

125 Steuben, 
70 Plantation No. 1, 
95 Plantation No. 2, 
24 Plantation JNo. 9, 
64 Plantation No. 11, 
23 Plantation No. 12, 

1984 
Township No. 10, on Passama-"\ 

quoddy Bay, granted to Aaron V 369 95 03 4 

Hobart, J 

Township No. 14, on Cobbse-^ 

cook Bay, granted to Oliver V 367 20 03 3 

Wendell and others, J 



OOQ 1 


50 


02 8 


26 08 & 


1 73 


61 


29 


46 


43 


17 


26 


88 


45 


47 


42 


14 


19 


06 


13 


06 



^06 



YALUATION. 



Polls 



Towns 



■] 



Aggregate 



460 SO 

287 10 
304 64 



Township No. 13, on Passa- 
maquoddy Bay, gj ranted to 
Charles Turner and others, 

Township No. 15, on CobbseO 
cook Bay, granted to Leonard V 
Jarvis and others, J 

Township No. 13, west of Ma-I 
chias, granted to John Peck, j 

A Township of Land on the east-"^ 
em boundary line of the State, I 
adjoining land granted to New ! c,^, ,„ 
Salem Academy ; original f 
grant made to Williams' Col- ! 
lege, J 

Half ot a Township on theeast-"^ 
ern boundary line of the State, j 
adjoining land granted to Gro- )>■ 
ton Academy ; originally j 
granted to WestfordAcademy , J 

Half of a Township on the east-"^ 
ern boundary line of the State, j 
adjoining land granted to Wil- ' 



}3^ is 



liaras' College ; original grant ( 
made to Frarainghara Acade- | 

, my? J 

Twenty-five Townships of Land, 
east ofPenobscot River, grant- ^4 
ed to William Bingham, 

Townships No. 11 and 12, ad 
joining Harrison and Steuben 
gtantedto Wiiliam Bingham 



J 



132 48 

,000 00 
890 04 



47,611 93 



190 

294 

296 

65 

143 

87 

109 

77 

62 

76 

123 

159 



COUNTY OF SOMERSET. 



Norridgewalk, 

Canaan, 

Fairfield, 

Avon, 

Anson, 

Athens, 

Cornville, 

Eniden, 

Freeman, 

Harmony, 

Jndustrv , 

Madison j 



Pfiy on 
04 

e2 6 
02 8 

02 4 
01 2 

01 2 

36 
08 1 
7 40 0^ 



4.763 80 


74 


7,232 23 


1- 12 


6,7 J 2 64 


1 06 


1,164 55 


20 


2,022 45 


46 


1,678 70 


28 


2.514 59 


39 


1,597 72 


26 


1,109 S3 


19 


1,398 73 


23 


1,921 10 


34 


3,512 90 


56 



VALUATION. 



4d7 



Polls 

116 

110 

86 

42 

189 

108 

66 

29 

14 

8 

31 



Towns Aggregate 

Mercer, Q,063 65 

New- Vineyard, 2,268 97 

New-Portland, 1,827 20 

Palmyra, 1,2 J 3 78 

Starks, 3,741 39 

Strong, 5,050 26 

Solon, 1,750 18 

Plan. No. 4, 6th R. 400 00 

Plan. No. 6, 7tb R. 300 00 

Plan. No. 7, 7th R. 300 00 
Sebasticook plantation, 500 00 



2,480 



35 Plan. No. 1, 1st range east . 

side Ken nebeck rivei. j 

15 Plan. ^o. 1, 2d range east ^ 

side Ken nebeck river. ' 



1st range west 



14 Plan. No 1. 
side Kennebeck river. 

12 Plan. No. 2, 1st range, west ' 
side Kennebeck river. 

15 Plan. No. 3, 1st range, west ' 
side Kennebeck river. J 

40 Curvo Plantation. 

One million acres of land called"^ 
the Kennebeck Tract, grant- >13, 
to William Bingham, J 

Township No. 5, 4th range,"* 
north of the Waldo patent, 
granted to John Warren. 

Part of Township No. 5, 2d' 
range north of the Waldo pa- 
tent, granted to William 
Shepherd. 

Township No. 4, 3d range, 
northof the Waldo patent, 
granted to David Greene. 

Part of Township No. 5, 2dl 
range, north of the Waldo I 
patent, granted to John Bar- j 
rett and others. J 



500 00 

200 00 

200 00 

200 00 

200 00 
750 00 

,000 00 
640 00 

20 00 
544 00 

282 88 



2,611 



69,181 55 



Pay on 

35 
37 
29 
18 
61 
34 
26 
07 
05 
04 
09 



09 
04 
04 
03 
04 
13 
1 43 

07 



00 2 



06 



03 



10 49 



COUNTY OF OXFORD. 



312 


Paris, 


7,421 17 


1 15 


387 


Hebron, 
9 


^,996 9.9 


1 10 



408 



VALUATION. 



Poll* Towiis 

g79 Turner, 

g83 Buckfield, 

Q67 Norway, 

245 Fryeburgb, 

im Waterford, 

3T5 Livermore, 

157 Hartford, 

162 Sumner, 

202 Bethel, 

103 Brownfield, 

255 Jay, 

82 Hiram, 

156 Rumford, 

63 East-Andover, 
102 Lovell, 

64 Porter, 
40 Albany, 
94 Dixfield, 
90 Denmark, 
47 Newry, 
42 Gilead, 

46 Plantation No. 3, 

56 Plantation No. 4, 

15 Holmanstown plant 

72 Webb's pond plant 

.ofj- Lunt's grant and 

CiO^ Thorapsontown pi. 

10 Howard's gore pi. 



Aggregate 

8,104 79 
7,321 40 
5,720 33 
7,330 11 
5,173 27 
7,549 57 

3.789 28 
3,590 28 
4,072 04 
1,827 69 

6.790 66 
1,561 21 
3,482 36 
1,278 29 
1,904 94 
1,244 67 

859 75 

1,429 43 

1,907 67 

1,042 72 

784 67 

485 90 

583 40 

. 523 86 

. 1,126 96 

673 80 

286 20 



} 



4,130 

A tract of land adjoining Lov-"1 
ell and New-Hampshire line, I 
granted to John Bradley and C 
Jonathan Eastman. J 

Township No. 4, between Ken-l 
beck and Androscoggin riv- > 
ers, granted to Benj, Ames. J 

Township No. 3, between Ken-" 
nebeck andAndroscoggin riv- > 
ers, granted to Jacob Abbot. ^ 

Part of Township No. 6, be-" 
tween Kennebeck and Andros- I 
coggin rivers, granted to Seth | 
"Wetmore. J 

Part of Township No 
tweenKen nebeck andA 



coggm rivers, 
John Derby* 



No. 7, be-"^ 
andAndros- I 
granted to f 



10 40 



549 45 



530 25 



432 30 



567 67 



Pay on glOOO 

1 22 
1 13 

92 

1 09 

80 

1 25 
59 
56 
66 

32 

1 04 
25 
56 
21 
32 
21 
14 
26 
SI 
17 
14 
II 
13 
08 
21 

la 

04 



00 1 

05 
04 8 

03 9 
05 g 



VALUATION. 



PoUs 



Towns 



} 
} 

} 



Part of Township No. 8, he 
tweeiiKennebeck andAndros- 
coofgin rivers, granted to Sa 
rah Waldo. 

A tract of land adjoininc: Gile 
ad, granted to Fryel:furgli A 
cademy. 

A tract of land adjoining Lov 
ell, granted to Fryeburg A 
cademy. 

Township lettef D,betweenKen- 
nebeck river andNew-Harap- 
shire line, granted to Jona 
than Gardner. 

Township IetterE,betweenKen- 
nebeck river and New-Hamp- 
shire, granted to Jonathan 
Cumrains. 

Townsliip No. 1, 1st range be-" 
twcen New-Hampshire line 
and Bingham's Million acres 
granted to Moses Abbot. 

Township lettorA, No. 1, adjoin- 
ing New-Hampshire line 
granted to Phebe Ketcham 

Township letter A, No. 2, ad-' 
oining New-Hampshire line, 
granted to John I. Holmes. ^ 

Township No. 2, 1st range, be- 
tween New-Hampshire line . 
and Bingham's million acres, j 
granted to Thomas Service. J 

Township No. S, 2d range be-"^ 
tween New-Hampshire line [ 
and Bingham*s million acres, )» 
granted to William Gilberts | 
and others. J 

Township No. 3, 1st range be 
tween New-Hampshire 
and Bingham's million 
granted to Thomas Sg 

Township No. 4, 3d range be-"! 
tween New-Hampshire line I 
andBingham's million acres, j 
granted to Danlap & Grant. J 

Part of township No. G, be-" 
tween Kennebeck & Andros- 



Aggregate 

5S0 88 

327 84 

77 10 

384 40 
386 40 



iin-\ 
ne, V 
'• J 



J 
nge be-"! 
re line I 
s acres, [ 
jrvice. J 



coggin rivers, granted to Ja 
cob Abbot. 



■] 



471 04 



506 88 



236 64 



88 00 



409 


Pay on glOOO 


04 8 


03 


00 8 



03 5 



03 5 



424 84 


03 8 


546 59 


05 


544 54 


04 9 


374 40 


03 4 



04 



08 6 



02 2 



d 00 8 



410 VALUATION. 

Polls Towms Aggregate Pay on gltQO 

Townshin No 3, 3d range be-"! 



257 24 02 S 



twocn N w-Hampshire lint' i 
andBin<i:hHra's million acres, f 
granted to A. Cutter. J 

Surplus or Townships, letter C,"l , 

adjoiiiins New-H^inpshire, V 244 12 02 2 
granted to John Peck. J 

102,354 42 15 78 

AGGREGATES OF COMMONWEALTH. 

M,'297,iS2 18 157 67 

1,05 ,519 69 138 16 

633,4 9 77 85 08 

213,608 S4 30 16 

203,881 92 29 36 

315,864 27 44 48 

321.036 24 41 81 
114,821 14 18 21 

24,974 2l 3 57 

126,268 48 16 41 

701,312 75 95 62 

277,184 26 39 92 

373.037 85 50 19 
210,239 55 30 23 
288,522 07 42 12 
338,495 07 48 08 
253,464 81 38 93 
174,538 19 27 25 
1,68,973 13 26 08 

47,611, 93 7 40 

69,181 55 10 49 

10;2,354 42 15 78 



10,094 


Suffolk, . 


17,723 


Essex, 


43.002 


Middlesex, 


5,88 :{ 


Hampshire, 


6. 53 


Hampden, 


8.538 


Plymouth, 


8.2^i6 


Bristol, 


5,142 


Barnstable, 


719 


Dukes' County, 


2,043 


IM autucket. 


15,827 


Worcester, 


8,385 


Berkshire, 


7.753 


Norfolk, 


6.304 


Franklin, 


9,293 


York, 


9.577 


Cumberland, 


10.093 


Lincoln, 


7,398 


Kennebeck, 


6,852 


Hancock, 


1,984 


Washington, 


2,480 


Somerset, 


4,130 


Oxford, 



167,639 7,314,611 7^ 1000 00 



PAY JENKINS' ART WlUTl'SG— February/ 15, 1814. 411 

CHAP. CXXIV. 

Mesolvefor paijing the balance of ^iQO for the publication o^ 
Jenkins^ art of writing, and for discharging the commit- 
tee. February 14thj 1814. 

On a statement and application of the Committee ap- 
pointed in the case of John Jenkins, 

Resolved, That the sum of SI 60 be granted and paid out 
of the Treasury of this Commonwealth, and placed in the 
hands of the Committee in the case of John Jenkins, in ad- 
dition to the sums placed in their hands by the Resolve of 
the S6th of February, 1813, and that of June last, for aid- 
ing him in bringing his improved Art of Writing before the 
public, and of finishing the publication of his books ; to en- 
able them to discharge such outstanding demands for ex- 
penees as they necessarily incurred in prosecution of the 
business assigned them, by the aforesaid Resolves, to be in 
full of all demands, for expences incurred as aforesaid. 

Be it further resolved, That the said Committee be re- 
quested to cause 400 copies of the volume they have pub- 
lished of said Jenkins" Art of Writing, to be lodged in the 
Secretary's office, in addition to 800 copies already there 
deposited, in sheets, amounting in the whole to ISOO copies, 
to remain subject to the order of the Legislature. 

Be it further resolved, That said Committee, on causing 
the aforesaid number of said copies to be deposited as afore- 
said, be, and hereby are discharged from any further servi- 
ces in said business. 



CHAP. CXXV. 

Resolve, directing the Committee on Accounts to allow cer- 
tain accounts of the Agricultural Society. February 
15th, 1814. 

The Committee to whom was referred the Petition of the 
Trustees of the Massachusetts Agricultural Society, aslc 
leave to Report : 

That they have attended to the subject, and after full in- 
quiry, are satisfied that the object and design of said Soci- 
ety is laudable and useful 5 that it has a tendency to diffuse 



412 POWERS E. MITCHELL DEFINED— IHruart/ 15, J814- 

knowledge, and a spirit of inquiry and improvement ; and 
your Committee are also convinced that the said Society by 
its premiums for introducing Merino Sheep, and by encour- 
aging the introduction of new seeds, and trees, has already 
been productive of great public benefit ; and inasmuch as it 
appeared to your Committee that the agricultural and farm- 
ing interest should receive some patronage from the Legis- 
lature, they have thought proper to report the following 
jesolve. 

Resolved^ That the Committee on accounts be, and they 
hereby are authorised and required to examine the accounts 
and vouchers of the Trustees of the Massachusetts Society 
for promoting Agriculture, which may from time to time be 
exhibited to them, and shall allow their accounts, so far as 
the same shall be well vouched, for any sums paid by them 
for printing and circulating their publications on agriculture 
only, for the raising of seeds and plants, or the expence of 
any experiments made by them, with a view to promote 
agricultural knowledge. Provided however, that the sum 
so allowed by the Committee on accounts, shall not in any 
year exceed the sum of one thousand dollars. 



CHAP. CXXVL 

Meb'ohie defining the powers of Edward J\Iitchell, jiin. as 
Guardian of the Indians^ in the town of Plymouth. Feb- 
ruary 15, 1814. 

On i]m representation of Edward Mitchell, jun. of 
Bridgewater, in the County of Plymouth, Guardian of the 
Indians in said town, stating that doubts have arisen 
w hether his power extends so far as to authorise, or require 
him to take care of the laud situated therein, but not owned 
by Indians actually residing there. 

llesolued, That the said Edward Mitchell, jr. be, and he 
hereby is made and appointed Guardian, and is and shall 
be considered to have been made and appointed Guardian, 
by virtue of his former appointment, over all the Indians, 
residing and owning lands in said town ; and also over all 
the Indian lands situated therein, whether the owner or 
owners reside there or not ; provided such persons have not 
already other Guardian or Guardians within this Common- 
wealth. And provided also, that he shall first give bonds 



GRANT TO JOHN llERRlCK-^Februart/ 15, 1814. 41S 

(if he bave not already given such bonds) to the Judge of 
Probate for said County, as required of hira in the former 
resolve, by which he was first appointed Guardian as afore- 
said. 



CHAP. CXXVII. 

Mesolve granting John Herrick ^92 19., for assisting the 
Mtorney General, respecting the boundary of Fejeiiscot 
claim on Androscoggin river. February 15th, 1814. 

On the petition of John Herrick, 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Common- 
Wealth, to the said John Herrick, the sum of ninety-two dol- 
lars and nineteen cents, which with the sum of tAventy dol- 
lars paid him by the said Attorney General, and the sum of 
eight dollars and ninety-four cents, paid him by Luther Rob- 
bins, Esq. both being *the sum of iS28 Q% (for which he has 
given credit in his account current annexed to his said peti- 
tion) shall be in full for said services and of all other services 
of the said Herrick, rendered in assisting the said Attorney 
' General, in the procuring the establishment of said boun- 
dary line, and for his expenses incurred while attendiag on 
the aforesaid business. 



CHAP. CXXVIIl. 

'Resolve granting S30Q0 to secure Rainsford Island, from 
waste by sea. February 15tb, 1814. 

On the memorial of the Board of Health, of the town of 
Boston, praying that a sea wall may be erected upon Rains- 
ford or Hospital Island, in the harbour of Boston, for the 
purpose of preventing destruction made to the same by the 
.ravages of the sea, so that the interest which the Common- 
wealth has in said Island, and the necessary and benevolent 
establishment, relating to the same, may be preserved : 

Resolved, That there be paid out of the Treasury of tliis 
Commonwealth, the sum of three thousand dollars, to the 
Board of Health of the town of Boston, for the purpose of 



414 F. SEVMOUR TO SELL ESTATE— February 15, 1814. 

constructing a sea wall upon said Rainsford or Hospital 
Island, for the purpose of preserving the Commonwealth'g 
interest in the same, and prevent the ravages of the sea from 
deteriorating the same. 



CHAP. CXXIX. 

llesolve emvowering Friend Seymour to sell real estate of 
William Boylston. February 15th, 1814. 

On the petition of Friend Seymour, guardian of William 
JBoylston, of Boston, in the county of Suffolk, brass-found- 
er, a person of intemperate habits, wasteful of his property, 
and in danger of becoming a charge upon the town, praying 
for leave to sell so much of the real estate of said Boylston, 
as shall be sufficient to pay his just debts, with incidental 
charges : 

Jiesolved, For reasons set forth in said petition, that th* 
said Friend Seymour, guardian as aforesaid, be and he here- 
by is authorized and empowered to sell and pass deeds to 
convey so much of the real estate of said Boylston, as shall 
amount to and produce the sum of six hundred and six dol- 
lars and thirty- three cents, and incidental charges, for the 
payment of his just debts and charges of sale ; the said 
guardian to post notifications thirty days before the sale, to 
give bonds to the Judge of Probate for the county of Suffolk, 
to be under oath, and observe the rules and regulations re- 
lative to said sale, in the same way and manner as is provi- 
ded for in cases where executors and administrators shall 
have been empowered by court, to make sale of the real 
estate of deceased persons, for the payment of their just 
debts. 



CHAP. CXXX. 

Mesoh'e allowing further time to William Bodd, to settle 
forty families on toianship JSTo. 6, in Sth range north of the 
Waldo patent, and directing the Treasurer to receive a. 
new bond, February 15th, 1814. 

On the petition of William T)odd; proprietor of townsliip 



. PETITIGN OF JUDAH ALBEN—Februaty 15, 1814. 415 

Bimiber six? in tlie eighth range north of the Waldo patent, 
in the county of Hancock : 

Resolved, For reasons set fortli in said petition, that a 
further time of three years from the first day of June next, 
be, and hereby is allowed to the said William Dodd, to com- 
pleat the settlement of forty families in said township : — 
Provided that the said William Dodd, his heirs or assigns, 
shall, on or before the first of June next, give bond to the 
Treasurer of tins Commonwealth in the sum of two thousand 
four hundred dollars, with sufficient surety or sureties to the 
satisfaction of the agent for the sale of eastern lands : con- 
ditioned that there shall be settled on said township, the 
number of forty families w ithin the time extended as afore- 
said, or for the payment of thirty dollars for each family 
which shall then be deficient of the whole number aforesaid ; 
upon satisfaction of which bond, either by causing the said 
number of families to be settled in said township, or by 
paying the said sum of thirty dollars for each family which 
shall then be deficient of the whole number aforesaid, then 
the estate, right and title of the said William Dodd, his heirs 
and assigns, shall be as valid and eifectual, to all intents 
and purposes, as if the conditions of settlement expressed 
in the original deed of said township to said Dodd had been 
fully and seasonably complied with. 

Jiesolvedy That the Treasurer of this Commonwealth be, 
and hereby is directed, upon receiving a bond as above spe- 
cified in this resolve, to give up or cancel the bond now in 
the Treasury Office, signed by William Dodd, John Wait, 
and Timothy Dodd, given pursuant to a resolve passed the 
4th day of March, A. D. 1809. 



CHAP. CXXXI. 

Mesolue on the Petition of Jiidah Mden, directing the 
Treasurer to issue new JsTotes, February 15tli, 1811. 

. On the Petition of Judali Alden, praying for the renewal 
of two State Notes, said^to have been lost : 

llesolved, For reasons set forth in said Petition, that Hif. 
Treasurer of said Commonwealth be, and he is here]>y di 
reeted to issue to the said Judali Alden, two State Notes of 
^he same tenm* and date as the Notes he has lost : that is, 
10 



416 PET. MOSES BROWN, E^Q.-^February 16, ISM.* 

one of date of July the sixth, one thousand eight hundred 
and ten, number one hundred and thirty-eight, for one hun- 
dred forty- eight dollars and forty- seven cents ; and one 
other of date July the sixth, one thousand eight hundred 
and ten, number one hundred and thirty-nine, for one hun- 
dred ninety-four dollars and seventy-three cents, first taking 
bond of the said Alden, with one or more sureties, to secure 
the Commonwealth against any loss that may happen in 
consequence of the renewal of said Notes. 



CHAP. CXXXII. 



o 



Mesolve on the Petition of Moses Brown, Esq. directin 
the Treasurer to cancel a Bond, upon payment of S 30. 
16th February, 1814. 

On the petition of Moses Brown, Esq. and for reasons 
set forth in said petition. 

Resolved, That the title of the said Brown, in and unto 
lands in township No. 5, in the eighth range north of the 
\Valdo patent, in the county of Hancock, described in the 
deed of the agents for the sale of eastern lands, to said 
Brown and Josiah Hills, be, and the same is hereby con- 
firmed and ratified to him, the said Brown, his heirs and as- 
signs, as valid and effectual, to all intents and purposes, as 
if the conditions of settlement expressed in the original deed, 
had been fully and seasonably complied with. 

Resolved, That a certain bond given by the said Moses 
Brown, Samuel Brown, Jun. and Charles Hodge, in pur- 
suance of a resolve of this Commonwealth, pas sed on the 
sixteenth day of February, in the year of our Lord eight- 
een hundred and eleven, which Bond is dated on the elev- 
entli day of October, in the same year, be cancelled ; and 
the Treasurer of this Commonwealth is hereby authorised 
and empowered to cancel the said Bond, and give up the 
same to the said Moses Brown, whenever the said Brown 
shall pay to the said Treasurer the sum of thirty dollars, 
for the deficiency of one settler in said Township. 



GRT. W. FROST & J. FARNVM-^Februarj/ 16, 1814. 417 

CHAP. CXXXIII. 

Resolve allowing William Frost, Esq. and Jonathan Far- 
num S33 each, for trat^el and attendance as witnesses in 
the prosecution of Thomas Keeler, Esq. 
February l6th, 1814. 

On the Petition of William Frost, Esq. of Sandford, and 
Jonathan Farnum, of Alfred, praying for compensation for 
their travel and attendance as witnesses, before the House 
of Representatives, in the prosecution against Thomas 
Keeler : 

Resolved, For reasons set forth in said Petition, that there 
be allowed and paid out of the Treasury of this Common- 
wealth, to the said William Frost and Jonathan Farnum, the 
sum of thirty -two dollars each, in full compensation for their 
travel and attendance, as witnesses, as aforesaid. 



CHAP. CXXXIV. 

Resolve -providing for the calling a Meeting of the Congre- 
gational Parish in Lebanon. February iGth, 1814. 

Whereas it has been made to appear to this General 
Court, that there are no Parish Officers in the Congrega- 
tional Parish, in the town of Lebanon, in the county of 
York, who are authorised to notify and call any meeting of 
Said JParish : — Therefore 

Resolved, That the Hon. Benjamin Green, one of the 
Justices of the Peace for said County of York, be, and he 
hereby is authorised to issue his warrant, directed to some 
principal inhabitant of said Congregational Parish, in said 
town of Lebanon, requiring him to notify and warn the free- 
holders and other inhabitants of said Parish, who are qual- 
ified by law to vote in parish affairs, to nieet at such time 
and place as he shall name in said warrant, to choose all 
such Parish Officers, as are, by law required to be chosen 
in the months of March or Ai)ril, annually. 



118 PAY T. GEORGE AND OniEiiiS-^FeLrum'T^ 17, IS14. 

CHAP. CXXXV. 

Besolve for fupng Capt. Ttiomas George^ and ether offi- 
cers, for ike time they were returmns^ home from JEaat- 
jmrt, and for rations and transportation of baggage. 
February iViii- 1814. 

The Committee to wliom was referred , the i>etition of 
Thomas George, have attended that duty, and report : — 

That said Thomas George, Lot Rider, and Joseph Brids;- 
ham, jun. were detached and stationed at Eastport, in Sep- 
tember, 1812, by order of the Commander in Chief of this 
Commonwealth, and that they were shortW after taken into 
the service of tlie United States, and were discharged and 
paid by the United States until the first day of Janus>ry, A. 
I>. 1813, at Kastport, a distance of one hundred and seven- 
ty miles from their homes, without any appropriation for 
their expences of travelling, or transportation of baggage : — 
Therefore 

- Resolved, Tliat thei^ be allowed and paid out of the Trea- 
sury of this CommonAvealth, to Capt. Thomas George, the 
siura of fifty- six dollars and tv» enty cents ; to Lieut. Lat Rider 
tlie sum of forty dollars and twenty cents ; to Ensign Joseph 
Bridgbam, jun. the sum of forty dollars and i^w cents, being 
in fall for fifteen days pay, rations, and transportation of 
baggage, according to their account hereto annexed ; and 
that llis Excellency the Governor be requested to draw his 
warrant on the Treasurer, payable to Capt. Thomas George, 
for the sum of one hundred and thirty- six dollars and fifty 
cents, in full for the sums and services aforesaid, who is au- 
thorised and directed to pay over to each of the persons 
before named, the sura set to each of their names respect 
ively. 



CHAP. CXXXVI. 

liesalce for paying Miezer Mger and Meza lieach, the 
purchase money ^ and interest thereon, of certain real 
estate, from which they have been ejected. February 
17lh. 1811. 

On the petition of Abiezer Alger iind Beza Leach, pray- 



PAY TO E. SECOMB, ESQ.-^Februarj/ 19, 18M. 419 

irig for relief, on account of a certain real estate, consisting 
of a small piece of land, and a mill seat, with certain fur- 
naces and other works erected thereon, which they purcha- 
sed of JosiabDean and >i oah Hall, and which the said Dean 
and Hall had previously purchased of the Commonwealth, 
tlie same being sold by Hugh Orr, who was duly authori- 
zed by a resolve of this Commonwealth, to sell the same, and 
out of which the petitioners have since, by due course of law, 
been ejected ; it appearing that said Commonwealth hatl no 
estate in the premises which they could legally convey : 

Resolved, For reasons set forth in the petition, that there 
be paid out of the Treasury of this Commonwealth, to the 
said Alger and Leach, the sum of five hundred and eighty 
three dollars and eighty-seven cents, being the purchase 
money by them originally paid for the premises, and also 
four hundred and fifty-five dollars vnd seventy -four cents, 
being the amount of interest on the aforesaid sum, since 
judgment was rendered against them, as aforesaid, which 
said sums together amount to the sum of one thousand and 
forty dollars. 



CHAP. CXXXVII. 

Mesolve allowing pay to Ebenezer Secomb, Esq. as Membe^r 

of the House of Representatives at the last session. 

February 19th, 1814. 

Resolved, Thsit there be paid out of the public Treasury, to 
Ebenezer Secomb, a Member of this House from the town of 
Salem, twenty dollars, in full for his attendance and travel 
the last session of the General Court, he being then omitted 
in the pay-roll. 



CHAP CXXXVITI. 

Resolve on the petition of Josiah Batchelder, administrator 
of the estate of Stephen Barrett, jr. rendering valid his do- 
ings therein. February 21st, 1814, 

On tlie petition of Josiali Batchelder, administrator of the 
estate of Stephen Barrett, jr. late of Biileriea, in the county 
of Middlesex, gentleman^, deceased, praying that the sale of 



42b PET. JEREMIAH PATTEN— Fe&r wary 21, 1814. 

a part of the real estate of said deceased, made by said ad- 
ministrator to Joseph L. Low, on the eighth day of October 
last past,- may be confirmed : 

Hesolved, For reasons set forth in said petition, that the 
said sale of said estate, as set forth in said petition, be, and 
the same hereby is confirmed, and rendered as valid and ef- 
fectual, to all intents and purposes, as though the said sale 
had been made on the said thirtieth day of September, with- 
out any adjournment having been made» 



CHAP. CXXXIX. 

Jlesolve on the petition of Jeremiah Patten, Administrator 
of the estate of Stephen Barrett, Senior, making valid 
Ms doings therein. February 21st, 1814. 

On the petition of Jeremiah Patten, administrator de bo- 
nis non, of the estate of Stephen Barrett, senior, late of Bil- 
lerica, in the county of Middlesex, gentleman, deceased, 
pi'aying that the sales of certain parts of tlie real estate of 
said Barrett, made by said administrator, at public vendue, 
on the thirtieth day of September, in the year one thousand 
eight hundred and thirteen, to Jeremiah Farmer, Josiah 
Batchelder, Nathan Mears and David Clark, may be con- 
firmed : 

Resolved, For reasons set forth in said petition, that the 
said sales of said estate, in said petition mentioned, be, and 
the same are hereby confirmed, and rendered as valid and ef- 
fectual, to all intents and purposes, as though the same had 
been made on the said twenty-second day of September, 
witliout any adjournment having been made. 



CHAP. CLX. 

Uesolve for paying Captain James Hunnewell and others, 
a company of militia at Wiscasset. February 31st, 1814. 

Resolved, Tliat there be allowed and paid out of the Trea- 
sury of this Commonwealth, to the officers, non-commission- 
ed officers, musicians and privates, under the command of 
Captain James Hunnewell, the sum of sixty-four dollars and 



PET. D. FOX AND OTHERS— February/ 21, 1814. 421 

twenty-six cents, on account of wages for four day's service, 
in the month of April, one thousand eight hundred and thir- 
teen, for the defence of the town and harbour of Wise asset. 



CHAP. CLXI. 

JUsolve on the petition of Daniel Tax and others, authori- 
zing Samuel Titcomb to survey a tract o^ land. 
February Slst, 1814<. 

On the petition of Daniel Fox and others, children and 
heirs of John Fox* late of Portland, deceased, representing 
that the said John Fox, on the 13th day of March, A. D. 
1792, purchased of the Committee for the sale of eastern 
lands, a certain tract of land situated on Androscoggin river, 
adjoining the town of Jay, in the deed whereof, the said Com- 
mittee, in behalf of the Commonwealth, covenanted to war- 
rant and defend said land to said John Fox, his heirs and 
assigns forever, and that by the running of the lines of said 
Jay, about three hundred acres of the most valuable part of 
said tract have been taken away, for which they pray that 
compensation may be made : 

Resolved, That Samuel Titcomb be, and he is hereby ap- 
pointed, at the expence of the Commonwealth, to run out the 
land granted to said Fox, and also the lines of the township 
granted to Josiah Richardson and others, now called Jay, 
so as to ascertain how far said grants interfere, and to return 
a plan thereof into the land office, before the first session of 
the next General Court ; said Titcomb to appoint his own 
Chainmen, and all to be under oath, and to give seasonable 
notice to the petitioners, and also to the Selectmen of Jay. 



CHAP. CLXII. 

Resolcefor paying a detachment from Captain Farnum's 

Company, for protection of the Gaol at Castine. 

February 21st, 1814<. 

Resolved, That there be allowed and paid out of theTrea. 
sury of this CommoHwealth; the sum of fifty-nine dollars and 



42g LAY TAX SEVERAL COVNTIES— February/ 21, 1814. 

ninety-eight cents, to Captain Joseph Farnumtjf the 1st reg- 
iment and tenth division of the Massachu^tts militia;, and 
by him to he paid over to the officers and privates detached 
from his Company in July last, for the protection of the 
Commonwealth's Gaol at Castine, agreeably to the pay-roll ; 
and that his Excellency the Governor be requested to draw 
liis warrant on the Treasurer accordingly. 



CHAP. CLXni. 

Resolve for laying a tax on several Counties. 
February 21st, 1814. 

Whereas the Treasurers of the following counties have 
Jaid tlieir accounts before the Legislature for examination, 
which accounts have been examined and allowed ; and 
whereas the Clerks of the Courts of Common Pleas, for the 
said counties, have exhibited estimates made by the said 
Courts, of the necessary charges which may arise within the 
said several counties, for the year ensuing, and of sums ne- 
cessary te discharge the debts of said counties : 

Resolved, That the sums annexed to the several counties 
contained in the following schedule be, and the same are 
hereby granted as a tax for each county respectively, to be 
apportioned, assessed, paid, collected and applied for the 
purposes aforesaid : — 

Suffolk, twenty-seven thousand dollars, 27,000 

Washington, sixteen hundred thirty-five dollars, 1,635 
Hancock, four thousand five hundred dollars, 4,500 

Bristol, three thousand five hundred dollars, 3,500 

Franklin, three thousand two hundred dollars, 3,200 
I5arustable, one thousand eight liundred dollars, 1,800 
Plymouth, three thousand three hundred dollars, 3,300 



CHAP. CLXIV. 

Resolve gvantiu^ to the JittoTney and Solicitor Generals 
BlOOb each. February 21st, 1814. 

Resolved, for the reasons set forth in the petition of Pe- 
^ez Morion, Esq. Attorney General and of Daniel Davis, 



L. KNOX EXECUTE A DEED— Februart/ 21, 1814. 423 

Esq. Solicitor General, that there be allowed and paid out 
of the Treasury of this Commonwealth, to the said Attor- 
ney General, the sum of one thousand^dollars, in full com- 
pensation for his official services daring the year ending on 
the eighteenth day of February, 1814 ; and that there be 
allowed and paid to the said Solicitor General, in like 
manner, the sum of one thousand dollars, in full compenea- 
tion for his official services during the year ending on the 
eighteenth day of February, 1814; and that His Excelle^i- 
cy the Governor be, and he hereby is authorised and em- 
powered to draw his warrant accordingly. 



CHAP. CXLY. 

Resolve empowering Lucy Knox to eareeute a Deed of Con- 
veyance. February 31st, 1814. 

On the petition of Samuel Parkman, of Boston, in the 
county of Suffolk, Esquire, praying that Lucy Knox, of Tho- 
astown, in the county of Lincoln, Executrix of the last will 
and testament of Henry Knox, late of said Thomastown, 
Esquire, deceased, may be authorised to transfer and assiga 
to the said Parkman a mortgage deed, made by one Wil- 
liam Walsh, of said Thomastown, to the said Henry Knox, 
in his life time : 

Resolved. For reasons set forth in said petition, that the 
said Lucy Knox, in her said capacity of executrix, be, and 
she is hereby authorised to transfer, make over, and assign 
to the said Samuel Parkman, his heirs and assigns, all the 
right and interest which the said Henry died possessed of, 
in and to a certain lot of land iu said Thomastown, which 
was mortgaged by the said William Walsh to the said 
Henry K^ox, by his deed of mortgage, bearing date on the 
twenty-second day of September, in the year of our Lord 
one thousand eight hundred and two, and containing sixty- 
four acres, which lot (^f laud i« particularly describ^ed in said 
deed. '* 

n 



4^ PET. WM. WETMORE, ESQ.>-^FebruaiyQ2, 1814. 

CHAP. CXLVL 

Mesolve on the petition of William Wetmore, Esq. direct- 
ing the Attorney and Solicitor General to discontinue a 
suit against him, February SSd, 181f . 

Upon the petition of William Wetmore, Esq. praying 
that an action of the Commonwealth, against him, now 
pending, upon certain promissory notes, described in said 
petition, may be discontinued : — 

Resolved, For reasons set forth in said petition, that the 
{^aid suit shall be discontinued ; and the Attorney General 
and Solicitor General are hereby respectively directed to 
discontinue the same. And that the said William Wet- 
more, Esq. be, and he hereby is, forever released and dis- 
charged from all claims, suits, and demands of the Com- 
monwealth, for or npon the said notes, and each of the 
same. 



CHAP. CXLVII. 

Mesolve for eompensating Brigadier General James Irishp 
for military services. February 22d, 1814. 

The Committee of both Houses, to whom was referred 
the petition of Brigadier General James Irish, jun. of the 
second brigade, and twelfth division, of the militia of this 
Commonwealth, praying to be allowed for the expence by 
him incurred, in erecting three monuments or beacons with- 
in his brigade, to serve as signals in case of sudden inva- 
sion of the town and harbour of Portland, by direction of 
the Adjutant General, have attended that duty, and report 
the following resolves : — ^ Which is submitted by 

LOTHROP LEWIS, Per Order, 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Brigadier General 
James Irish, jun. one hundred and twenty dollars, as a full 
compensation for erecting the beacons aforesaid. 

Resolved, That there be allowed and paid out of the 
Treasivry of tips Commonwealth; to the aforesaid James 



PETITION OF J. NASH— Fe&rwflryg^ 18J4. 425 

Irish, jun. twenty -five dollars, in full compensation for his 
services, in detaching, organizing, and inspecting the de- 
tachment of troops, lately stationed at Portland. 



CHAP CXLVm. 

Besolve on the petition of Jonathan JSTasU, appointing L, 
Leivis to ascertain the quantity and value of land taken 
from J. Bridgham by running the head line of Pejepscot 
claim. February SSd, 1814. 

The Committee of both Houses, to whom was referred 
the petition of Jonathan Nash and others, a Committee of 
the proprietors of a tract of land granted by the Legisla- 
ture of this Commonwealth to John Bridgham and others, 
praying that they may be compensated for a part of the 
grant aforesaid, which they have lost by the establishing 
of the head line of the Pejepscot claim ; have attended that 
duty, and report, that by a resolve of the General Court, 
which passed on the 15th day of January, 1789, there was 
granted to John Bridgham and sixty-four others, *^ all the 
interest, title, and claim of the Commonwealth in, and to a. 
tract of land, containing twenty thousand nine hundred and 
fifty-nine acres, lying within the bounds of what was then 
called Bakerstown, in the County of Cumberland : and by a 
subsequent resolve of the 5th of March, 1793, the Attorney 
General was directed to file and prosecute an information 
against the proprietors of Bakerstown, at the expence of 
said John Bridgham and others, to revest the estate in the 
Commonwealth, for the benefit of the aforesaid John Bridg- 
ham and others. Thai by a resolve which passed February 
9th, 1798, it appears that the Supreme Judicial Court had 
adjudged nearly the whole of the aforesaid tract of land to 
belong to the proprietors of Bakerstown ; and therefore they 
granted to the said Jdhn Bridgham and others, as a compen- 
sation for the first mentioned grant, a certain tract of land 
lying in the town of Poland, (now called Minot,) contain- 
ing about eighteen thousand acres, to hold in fee as tenants 
in common ; wliich last mentioned tract of land was descri- 
bed as running from the twenty mile falls on Androscoggin 
river, south west, about four miles. That by a late decision 
of the Supreme Judicial Court, it has been determined and 



4'26 MAKING APPROPRIA. S. FRlSON-^-FebrwOr^ 22, 1814. 

adjudged, that the bead line of the Pejcpscot claim shall 
run from the aforesaid twenty mile falls, on Androscoggin 
river a west course, about four miles to the curve line, so 
called ; by which decision of the Supreme Court, about five 
thousand acres of the land conveyed to John Bridgham and 
others, by the last mentioned resolve, has been confirmed to 
the Pejepscot proprietors, which is an older grant 5 and that 
justice to the aforesaid John Bridgimm and others, in the 
opinion of your Committee, requires, that the Common- 
wealth should in some way indemnify them for the loss they 
have sustained. Your Committee, therefore, ask permis- 
sion to report the following resolution : — Which is submit- 
ted by 

LOTHROP LEWIS, Per Order. 

Resolvedf That the Hon. Lothrop Lewis be a Committee, 
at the expence of the Commonwealth, to repair to the town 
of Minot, for the purpose of examining and ascertaining the 
quantity and value of the land taken from the aforesaid John 
Bridgham and others, by the running of the head line of the 
Pejepscot claim ; what number of settlers there are upon the 
same, and under whose title they hold their lands ; and to 
report to the first session of the next General Court, the 
exact situation thereof, and what measures, in his opinion, 
would be most adviseable for the Legislature to adopt, to 
indemnify the aforesaid proprietors. 



CHAP. CXLIX. 

Resolve making an appropriation for Hie State Prison. 
February S2d, 1814, 

The Committee of both Houses, to whom was referred 
the representation of Gamaliel Bradford, Warden of the 
State Prison, ask leave to report the following resolve : — > 
Which is submitted. 

THOMAS DWIGHT, Per Order. 

'Resolved, That his Excellency the Governor, by and 
with the advice and consent of the Cbuncil be, and he is 
hereby authorized to draAV warrants upon the Treasurer of 
this Commonwealth, in favor of the Warden of the State 



PAY TO TOWN SPRINGFIELD— feftrwflrj^^, 1814. 427 

Prison, for such sums and at such periods, as may be deem- 
ed expedient by the Governor and Council, not exceeding six 
thousand dollars, to enable said Warden to fulfil ^11 his ex- 
isting contracts and defray the necessary expenses of said 
Prison, he to be accountable for the same. 



CHAP. CL. 

Resolve directing the Treasurer to fay to the tonM of 
Springfield, IS cents upon SI 000 upon the aggregate a- 
mount of each State tax until a new valuation. 
February 22d, 1814. 

Upon the petition of the agents of the town of Springfield, 
praying that said town may be discharged from a part of 
their proportion of State taxes, on account of polls and es» 
tate wrongfully set thereto in the last valtiation : 

Besolved, For reasons set forth in said petition, that there 
be allowed and paid out of the State Treasury, to the town 
of Springfiel(>, (until a new valuation be taken) upon their 
payment of the State taxes assessed upon said town, such 
sum of money as shall be equal to twelve cents on the thou- 
sand dollars upon the aggregate amount of each State tax ; 
and that the Treasurer of Uiis Commonwealth pay the same 
to the Treasurer of said town of Springfield or his order. 

Resolved further , That the county taxes for the county 
of Hampden, shall hereafter be apportioned upon the several 
towns in said county, in the same ratio and proportion as if 
said sum of twelve cents had been deducted from the pro- 
portion of the said town of Springfield, upon a thousand 
dollars in the last valuation ; the said town of Springfield 
furnishing the Clerk of the Sessions for said county of 
Hampden, with an attested copy of this resolution. 

CHAP. CLI. 

Resolve on the petition of Charles Vaughan, Agent of Ann S, 
Davies, extending the time for settling twenty-five j ami' 
lies on two townships in Oxford county. 
February 23d, 1814. 

On the petition of Ani^ S. Davies, of New -York, part 



428 PET. ANN S. DAVIES—Februar?/ 23, 1814. 

owner and proprietor of two townships of land in tlie coun- 
ty of Oxford and District of Maine, praying for further time 
for completing the settling duties required in the original 
grant : 

Resolved, For reosons set forth in said petition, that a 
further time of three years from the first day of June next, 
be, and hereby is allowed to said Ann S. Davies and oth- 
ers, owners and proprietors of townships called B. and C. 
on a plan made by J ohn Peabody, to complete the settle- 
ment of twenty-five families on each of said townships :— 
Provided the said Ann S. Davies and others, owners as a- 
foresaid, or their heirs or assigns, shall, on or before the 
first day of next June,- give bond to the Treasurer of this 
Commonwealth, in the sum of three thousand dollars, with 
sufficient surety or sureties, to the satisfaction of the Agents 
for the sale of eastern lands ; conditioned that there shall 
be settled on each of said townships, the number of twenty, 
five families, witiiin the time extended as aforesaid, or for 
tbe payment of thirty dollars for each family which shall 
be deficient of the whole number ; upon satisfaction of 
which bond, given pursuant to this resolve, either by cau- 
sing the said number of families to be settled on said town- 
ships within the time aforesaid, or by paying the said sum 
of thirty dollars for each family which shall then be defi- 
cient, then the estate, right and title of said Ann H. Davies 
and others, owners as aforesaid, their heirs aiid assigns, 
shall be valid and effectual to all intents and purposes, as if 
the condition of settlement expressed in the original grant 
of said townsiiips by the Aajents for the sale of eastern lands^ 
had been fully and seasonably complied with. 

Jie it further resolved. That the Treasurer of tliis Com- 
monwealth be, and hereby is directed, upon receiving bond 
as aforesaid, to give up or cancel a bond, now in the Trea- 
surer's ofRce, signed by Ann S. Davies, Ezra Hounsfield, 
Joseph Hall and Charles Vaughan, dated September 30tli, 
1809, the penalty of which is fifteen hundred dollars, given 
for performance of settling duties, on said township, called 
letter B. 



PET. RICHARD YOUNG~Fe5rwflry23, 1814. ^^9 

CHAP. CLIl. 

Mesolveon the petition of Richard Yotnigy directing the Jl- 
gent on eastern lands to quitclaim a tract of land. 
February 23d; ISli. 

On the petition of Richard Young, of Sanford, in the 
county of York, shewing that the petitioner is in possession 
of a small gore of land, containins; about forty acres, lying 
at the head of the town of Sanford, in the county of York, 
belonging to this Commonwealth, and praying that the 
same be granted to liira : 

Hesolved, For reasons set forth in the petition, that the 
Agents for the sale of eastern lands, be authorized and di- 
rected to convey t© the said Richard Young, his heirs and 
assigns, by quitclaim, all the right, title and interest of the 
Commonwealth in and unto the following tract of land, with 
the appurtenances, containing forty acres, more or less,, and 
bounded as follows, to wit : — Beginning at the west corner 
of a tract of land, formerly assigned to Jeremiah and Jo- 
tham Moulton, thence south west to Beaver Hill Pond ; 
thence by the northerly side of said pond to land of Solo- 
mon Littlefield ; thence by the same to land of Abraham 
Morrison ; thence by said Abraliam's land to the line of 
the town of Shapleigh ; thence east on said line to the be- 
gining ; — Provided said conveyance shall not affect or in- 
terfere with any other title ; and provided that the said Rich- 
ard Young, his heirs or assigns, shall, previous to said con- 
veyance, exhibit and file in the Land Office of this Com- 
monwealth, a j»lan of said land, taken by a surveyor and 
chainmen, under oath. 



CHAP. CLIII. 

Resolve on the petition of James «/V. Lithgow and others, 
confirming the doings of Jonathan Reed and others, Com- 
missioners to divide a tract of land in Dresden. 
February 23d, 1814. 

On the petition of James N. Lithgow, William Gardiner 
and Ebenezer Clap, as guardians to Alfred J. B. G. Lith- 
gow, Llewellyn Lithgow and Louisa Sarah Lithgow, pray- 



430 FET. ABNER WHEELER— fV6rw«r^ 23, 1814. 

ing that the doings of Jonathan Reed, Carr Barker and Leo- 
nard Cooper, Commissioners, appointed by the Court of 
Common Pleas for the county of Lincoln, at their Novem- 
ber term, seventeen hundred and ninety-five, to divide a 
tract of land, in Dresden, in said County, called the East- 
ern River Mills Farm, may be confirmed and rendered 
valid : — - 

Mesolvedf For reasons stated in said petition, that the do- 
ings of the said Jonathan Reed, Carr Barker, and Leonard 
Cooper, Commissioners as aforesaid, be, and they hereby 
are rendered valid in law, the same not having been accept- 
ed or recorded notwithstanding; and that the clerk of the 
Circuit Court of Common Pleas, in Lincoln County, be di- 
rected to record the doings of the said Reed, Barker, and 
Cooper, Commissioners aforesaid, together with this re- 
solve ; and that all sales made by either of the petitioners, 
since such partition, be, and they hereby are rendered as 
valid in law, as if the doings of said Commissioners in the 
partition aforesaid, had been accepted by the court, and re- 
corded as the law directs. 



CHAP. CLIV. 

Mesolce on the 'petition of Abner Wheehr, administrator on 
the estate of Elijah Haven, authorising him to convey cer- 
tain right in equity. February 23d, 1814. 

On the petition of Abner Wheeler, 

Resolved, That Abner Wheeler, of Framingham, in the 
county of Middlesex, in his capacity of administrator on 
the estate of Elijah Haven, late of Hopkinton, in said 
county, deceased, be, and he is hereby empowered to make 
and execute a good and sufficient deed, to conrey the riglit 
in equity, to redeem the said real estate, as the same is now 
sold ; he, the said Abner Wheeler, being held accountable 
to the Judge of Probate for the said county of Middlesex, for 
the sum of eighty-six dollars and eighty-six cents, as also 
for the other sum of two hundred and ninety- one dollars 
and fourteen cents, for the payment of the just debts of the 
said deceased, and the charges of sale : And the said deed 
being duly executed, acknowledged, ^nd recorded, shall 



PET. H. BAXTER AND OTHERS— Jc^rwrn^/ 23, 1814. i3l 

give as good a title to the said estate, as if the same had 
l>eeii legally executed by the said Elijah Haven, during his 
life. 



CHAP. CLV. 

Jiesolte on the petition of Henrif Baxter and others^ direct^ 
ing their discharge from recognizances and judgments^ 
they paying costs, February 38d, 1814). 

On the petition of Henry Baxter, in behalf of himself, 
Charles Lothrop, and >i athaniel Davis, all of Barnstable, 
in the County of Barnstable, praying that they may be dis- 
charged from two recognizances entered into by them, on 
the seventh day of February, in the year of our Lord one 
thousand eight hundred and thirteen, for the personal ap- 
pearance of Charles Aikins and John Smith, before the 
Justices of the Circuit Court of Common Pleas for the 
southern circuit, then next to be liolden at Barnstable, 
within and for the County of Barnstable, on the third Tues= 
day of April, then next : — 

Resolved, That for reasons set forth in said petition, the 
said Justices of said Court be, and they hereby are author- 
ized and directed to release and discharge said Henry Bax- 
ter, Charles Lothrop, and Nathaniel Davis, from said re- 
cognizances, and the judgments thereon rendered, if any such 
there may be ; provided, they, the said Henry, Charles, 
and Nathaniel, or either of them, shall pay all the costs 
that may have in any way or manner arisen thereon. 



CHAP. CLVL 

Resolve granting a tax for the County of Essex. Febru- 
ary S4th, 1814. 

Whereas the Treasurer of the County of Essex, lias laid 
his accounts before the Legislature, which accounts have 
been examined and allowed ; and whereas the Clerk of the 
Court of Sessions for said County, has exhibited an estimate 
made by the said Court of Sessions, of the necessary charges 



432 PAY TO COMPANY MlLmA-^Februarj/ 24, 18M. 

which may arise within the County of Essex for the year en- 
suing, and of the sum necessary to discharge the debts of 
said county : — Therefore 

Resolved, That the sum of seventeen thousand five hun- 
dred dollars be, and the same is hereby granted as a tax for 
the county of Essex for the year ensuing, to be apportioned, 
assessed, collected, paid and applied for the purposes a- 
foresaid according to law. 



CHAP. CLVII. 

Resolve granting jmij to the company under the commando^ 
Captain John Erskine, detached for the defence of Wis- 
casset. February S-lth, 1814. 

The Committee of both Houses, appointed to consider the 
petition of Captain John Erskine, have attended that duty, 
and report : That by an order of Brigadier General David 
Pay son, bearing date the third day of April, 1813, the said 
John Erskine did assemble the company of militia under 
liis command, for the defence of the town and harbor of 
Wiscasset, then threatened with immediate invasion by the 
enemy, and performed military duty for three days ;* for 
which service as well as for rations during that time, they 
have received no compensation ; your Committee therefore 
report the following resolution. Which is submitted by 

liOTHROP LEWIS, Chairman. 

jResolvedy That there be allowed and paid out of the Trea- 
sury of this Commonwealth, to the officers, non-commission- 
ed officers, musicians and privates under the command of 
Captain John Erskine, the sum of sixty-eight dollars and 
thirty- one cents, on account of rations and wages for three 
day's service in the month of April, one thousand eight hun- 
dred and thirteen, for the defence of the town and harbor of 
Wiscasset ; and his Excellency the Governor is requested 
to draw his warrant on the Treasurer for the above sum in 
favor of Captain John Erskine, who is authorized to receive 
and pay over the same to the several officers and soldier* 
uudev Ms command in the detachment aforesaid* 



GRANT TO S. JAMESON— Fe&mory 24, 1814. 43S 
CHAP. CLVIII. 

SI75. 



Resolve granting Samuel Jameson 
February 2Mb, 1814. 



On tbe petition of Samuel Jameson, setting fortli tliat lie 
did, on tbe seventeenth day of May, in the year of our Lord 
one thousand eight hundred and six, pay to the Hon. Salem 
Towne. Esq. Agent for the Commonwealth, one hundred 
dollars as the consideration named in a deed executed by the 
said Towne, on the said seventeenth day of May, as such 
Agent, to Elizabeth Jameson, widow of Daniel Jameson, and 
that by said deed no title passed to the said Elizabeth ; and 
he the said Samuel, acting as Agent for the said Elizabeth, 
Las been at great expence in prosecuting a suit to recover 
said land, and failed in said suit : — Therefore 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Common- 
wealth, to the said Samuel Jameson, the sum of one hun- 
dred and seventy-five dollars, as full compensation for said 
consideration and cxpences. 



CHAP. CLIX. 

Resolve on tlie iietition of Jesse Parker, directing the At- 
torney or Solicitor General to defend the heirs of Wins- 
low Parker in Common Pleas, Middlesex. February 
24th, 1814. 

On the petition of J esse Parker, administrator of the estate 
of Winslow Parker, deceased, praying that the Attorney or 
Solicitor General may be authorized to appear and defend 
a suit against the heirs of said deceased, in favor of one 
James Martin : 

Resolved, For reasons set forth in said petition, that the 
Attorney or Solicitor General be, and is here])y authorized, 
empowered and directed to appear for said heirs, of whom 
the said Jesse is one, in an action of land now pending in 
the Circuit Court of Common Pleas, in the county of Mid- 
dlesex, wherein the said James is plaintiff^ and the said 
heirs are defendants ; and to defend in said action to final 
judgment, free of any expence to said heirs, and at the ex- 
pence of said Commonwealth. 



434 ERECT A FIRE-PRF. BUILDING— icfenjory 25, 1814. 
CHAP. CLX. 

Mesolve for erecting a fire-proof Building in York County. 
February S5th, 1814. 

On the petition of Shelden Hobbs and others, inhabitants 
the county of York, praying that the public offices Of said 
County may be held at Alfred : 

liesolvedj That the Selectmen of the several towns in said 
County, be directed to notify and warn the inhabitants of 
tU< ir respective tow ns, qualified to vote in town meetings, 
to meet on the first Monday of April next, for the purpose 
of ascertaining by their votes, the most convenient place or 
places to erect sifire vr oof building or buildings, for keep- 
ing the records of said county ; and at such meeting, the Se- 
lectmen shall receive, count and sort the votes of the voters 
so assembled, and ascertain the number of votes for the 
place or places the voters of said town shall judge most con- 
venient, and the Clerk at such meeting shall record the num- 
ber of votes and the place or places for which they shall be 
given ; and the town Clerks and Selectmen shall make out 
a list of said votes and the place or places as aforesaid, and 
certify and seal the same, and make return thereof to the of- 
fice of tl)e Secretary of this Commonwealth, on or before thQ 
second Wednesday of the first session of the next General 
Court. 

Resolved, That this resolve be printed in the newspaper, 
which is particularly authorized to publish the laws of this 
Commonwealth, and also in the Weekly Visitor, published 
at Keunebuuk, as soon us may be after the passing tliereof. 



CHAP CLXL 

Mesolve discharging Benjamin Tfeyivood and appointing As& 

Goodah to be guardian of the Hassanamisco Indians. 

Februai-y Sdth, 1814. 

Whereas Benjamin Hey wood, the Trustee of the Hassan- 
amisco* Indians, has presented his account for allowance, 
which has been examined and found correct ; and there re- 
mains in the hands of said Trustecj fourteen hundred and 
seveu<y-fotjr dollars, thirty-four cents an-tl seven mills : Re- 
^ solved that the same be^ and iiereby is allowed. 



D.BRADFORD TO SELL ESTATE—FeSmflr?/ 25, 1814. 435 

And be it further resolcedf That Benjamin Hcywootl, 
Esq. the present Trustee^ according to the request contain- 
ed in his memorial^ he, and he is hereby discharged from any 
further service in his said trust :— And that Asa Goodale 
be, and lie is hereby appointed Trustee of the said Hassana- 
misco Indians, and the said Asa Goodale is hereby empow- 
ered to receive of the said Hey wood, the said sum of four- 
teen hundred and seventy-four dollars, thirty-four cents and 
seven mills ; and the said Heywood is hereby ordered and 
directed to pay over the same sum accordingly. 



CHAP. CLXIT. 

Resolve authorizing Danipl Bradford^ of Keene, guardian 
of minor children of William Wyman, deceased, to sell 
real estate of said minors in this Commonwealth, 
February 25th, 1814;. 

On the petition of Daniel Bradford, of Keene, in the 
county of Chester, and state of New-Hampshire, gentleman, 
guardian of Mary Capin Wynian and Sarah Curtis Wy- 
man, both of said Keene, minors, under the age of twenty 
one years, and children of WilliUm Wyman, late of said 
Keene, trader, deceased, testate, praying for license to make 
sale of several parcels of land lying within this Common- 
wealth, the estate of said minors : 

Resolved^ For reasons set forth in said petition, that the 
said Daniel Bradford, guardian as aforesaid, be, and here- 
by is authorised and empowered to sell and convey by 
deed in fee simple, said real estate as described in said pe- 
tition : — Provided that the said Daniel Bradford first give 
bond with sufficient sureties, living within this Common- 
wealth, to the Judge of Probate of the county of Middlesex, 
conditioned that the said Bradford will account for the pro- 
ceeds of the sale thereof, that he will well and truly observe 
all the rules and regulations, relative to the sale aforesaid, 
in the same way and manner j^s is provided by the laws of 
this Commonwealth, in cases where guardians shall have 
been^empowered by thq Supreme Judicial Court, or Circuit 
Court of Common Pleas, to make sale of tlie real estate of 
their wards for the payirLCiit of debts, or for their support. 



436 S. GEN. FILE QUO WARRANTO— Jc^/mary 25, 1814. 
CHAP. CLXIII. 

Mesolve directing the Solicitor General to file in the Supreme 
Court, information of Quo Warranto to know hy what au- 
thority certain persons exercise the powers of certain 
offices in the county of Franklin, I'ebruary 25th, ISl'l'. 

Mesolved, That the Solicitor General be, and he hereby 
is directed to file in the Supreme Judicial Court, informa- 
tion in the nature of Q^uo Warranto to know by what author- 
ity the Hon Soloraan Smead, Esq. exercises the office of 
Judge of the Probate of Wills &c. in the county of Frank- 
lin, and by what authority Job Goodale exercises the office 
of Chief Justice of the Court of Sessions in the said county 
of Franklin, and by what authority Joshua Green, Medad 
Alexander and Caleb Hubbard respectively exercise the 
office of Justices of the Court of Sessions in the said 
County of Franklin. 

CHAP. CLXIV. 

Mesolve appropriating rooms for the Adjutant and Quavter- 
Master Generals, and for paying Daniel Oliver for apart^ 
ments hiredy and clerks employed by Mjiitant General. 
February 25th. 1814. 

Jlesolved, That from and after the third day of May 
next, the apartment at the north-west corner of tlie State 
House, on tlie lower floor, be, and the same is hereby ap- 
propriated as an office for the Adjutant General, and the 
room adjoining the same, under the west stairs, be, and tlie 
same is hereby appropriated as an office for the Quarter- 
Master General of this Commonwealth ; and that the Adju- 
tant General and Quarter-Master General be, and they are 
hereby respectively authorised to provide suitable desks, 
shelves, and furniture, for their several offices, and for th^ 
preservation of the public records and papers of their re- 
spective departments. 

And he it further resolved. That the sum of one hundred 
and thirty-one dollars be paid to Daniel Oliver, for tlie use 
of the apartments hired of him hy the Adjutant General, 



TREAS. TO BORROW g 100,000— le6 wary 25, 1814. 437 

and heretofore used by him as an office, from the third day 
of March last, to the third day of March next. 

And be it further resolved, That there be allowed and 
paid out of the Treasury of this Commonwealth to the Ad- 
jutant General, for the services of his first Clerk, the sum of 
three dollars and fifty cents per day, for each and every 
day he has been or may be employed in said office, to the 
first day of June next ; and for the services of any other 
Clerk, which the Adjutant General has been, or may here- 
after be under the necessity of employing in his office, a 
farther sum, not exceeding two dollars per day, for each 
and every day such Clerk has been or may hereafter be so 
employed ; and that his Excellency the Governor, by and 
with the advice and consent of Council, is hereby author- 
ised and requested to draw his warrants on the Treasury for 
the payment of the allowances and expences aforesaid. 



CHAP. CLXV. 

Mesolve authorising the Treasurer to borrow 100,000 dol- 
lars. February S5th. 1814. 

Resolved, That the Treasurer of this Commonwealth be, 
and he hereby is authorised and dir&eted to borrow of the- 
Boston or Union Bank, in addition to the sum now borrow- 
ed, any sum not exceeding one hundred thousand dollars, 
that may at any time within the present year be necessary 
for the payment of the ordinary demands made on the Treas- 
ury, and that he repay any sum he may borrow, as soon as 
money sufficient for that purpose, and not otherwise appro- 
priated, shall be received into the Treasury. 



CHAP. CLXVI. 

Resolve directing the Mjittant General to purchase copies 
of a Treatise on Courts Martial and Military Laic, and 
distribute them to General Officers, Colonels, and Judge 
Advocates. Febuary 25th, lbl4!. 

Resolved, That the Adjutant General be, and he is here- 
by directed to procure a sufficient number of " A Treatise 



438 PAY TO J. niANClS-^Februar^ 25, ISM. 

on Courts Martial and Military Law," and forward one copy 
to each of the following officers in the Militia of this Com- 
monwealth, viz. Major Generals, or Commanders of Divis- 
ions, Brigadier Generals, or Commanders of Brigades, Col- 
onels, or Commanders of Regiments, and Judge Advocates, 
for the use of such officers, and to be handed down to their 
successors for their use ; provided the same can be purchas- 
ed for one dollar and fifty cents each, printed on good 
paper, well bound with leather, and properly lettered on the 
back. And his Excellency the Governor with advice of 
Council is hereby authorised and requested to draw his 
warrant on the Treasurer for such sum as shall be necessary. 



CHAP. CLXVIL 

Mesolve for paying Joseph Francis, Page to the House, 
February Soth. 181-1. 

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



CHAP. CLXVIII. 

Mesolve granting one dollar jjer day to Henry Bacon^ As- 
sistant to the Messenger of the General Court, Febru- 
ary 25th. 1814. 

Me^olved, That there be allowed and paid out of the pub* 
lie Treasury to Henry Bacon, one of the assistants to the 
Messenger of the General Court, one dollar per day, during 
the present session of the General Court, over and above 
the usual allowance, which usual allov/ance is two dollars 
per day. 



PAY TO S. LAVUAM—Febrmrf/ 25, 1814. 459 

CHAP. €LXIX. 

Eesolve gimnting one dollar per clay to Silvaniis Laphamf 
and W. Chase, Assistants to the Messenger of the Gen- 
eral Court. February g5th, 1814. 

IResolved, That there be allowcfl and paid out of the pub- 
lic Treasury of this Commonwealth, to Silvanus X<apham, 
and Warren Chase, one dollar per day eacli, during the 
present Session of the General Court, in addition to the 
usual allowance to them, for their services, as Assistants to 
the Messenger of the said Court, the said usual allowance, 
being two dollars per day. 



CHAP. CLXX. 

Resolve on the j)etition of Edward 1£, PoioerSf establishing 
Ms jmy as Messenger to the Governor and Council. Feb- 
ruary g5th, 1814. 

Jlesolved, That from and after the passing of this re- 
solve, there be allowed and paid out of the Treasury of 
this Commonwealth, to the Messenger of his Excellency 
the Governor and the Honorable Council/ the sum of two dol- 
lars and seventy-live cents for each day employed in such 
service, in lieu of the compensation of two dollars and fifty 
cents per day heretofore allowed by law for the same. 



CHAP. CLXXI. 

Resolve on the petition of Samuel IBabson and others, of 
Patricktoicn Rlantation, county of Lincoln, remitting 
their tax. February ;35th, 1814'. 

On the petition of Samuel Babsou and others, inhabitants 
of the Plantation called Patricktown, in the county of Lin- 
coln : 

Resolvedf For reasons set forth in said petition, that the 
tax of twenty- one^ dollars and sixty-seven cents, apportion- 
ed on said inhabitants, for the year 1813j» be remitted ; and 

13 



440 GRANT TO J. KUHN— Feirwary 26, 1814. 

the said Plantation shall not be required hereafter to pay 
taxes or chbosre Plantation officers; until the furtlier ord^r of 
the General Court. 



CHAP. CLXXTI. 

Resolve granting Jacob ICuhn SSSO. February 26th, 1814. 

Jiesolved, That there be allowed and paid out of the 
Treasury of this Commonwealth to Jacob Kuhn, Messen- 
ger of the General Court, the sum of two hundred and fifty 
dollars, which, with the sum already allowed him, shall be 
in full for his services the present year, ending the thirtieth 
day of May next. 

CHAP. CI^XUI. 

Resolve 'providing for the payment of Wait and Lilly, for 
printing and binding 1000 copies of Charter Sy Colony and 
JProvince Laws. February 36th, 1814. 

On the petition of Thomas B. Wait and Robert Lilly, 
praying for compensation for printing; the Public Charters, 
and Colony and Province Laws of Massachusetts 15ay, ac- 
cording to their contract with the Hon. Nathan Dane, Wil, 
liam Prescott, and J oseph Story, Esquires : 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Common- 
wealth, the sum of two thousand three hundred and sixty- 
nine dollars and twenty-six cents, to the said Thomas B. 
Wait and Robert Lilly, in full compensation of their claim 
in the premises, one half of said sum, when the said Wait 
and Lilly produce to the Treasurer the receipt of the Sec- 
retary of this Ooramouwealth for one Jialf of the books pro- 
vided for in said contract ; and the other half when the said 
Wait and Lilly produce to the Treasurer the receipt of tlie 
Secretary of this Commonwealth for the residue of said 
books, agteeably tp said contract. 



REPAIK WALK FR. S. UOUSE-^Februart/ 26, 1814. m 

CHAP. CLXXIV. 

Jlesoloe appointing a Committee to cause to he repaired the 
front walk from the State House to Beacon Street. Feb- 
ruary 26th, 1814. 

Hesolcei, That Mr. Hunnewell, of Boston, Mr. Loring, 
and Mr. Thayer, be a Committee to superintend the neces- 
sary repairs of the flagstone and pavement walk, in front 
of the State House leading from Beacon Street to the 
entrance of said State House ; and that the said Committee 
lay their accounts before the Treasurer of this Common- 
wealth for examination and allowance ; and that his Excel- 
lency the Governor with the advice of Council, be requested 
to draw his warrant on the Treasury for the amount of the 
same, when so examined and approved. 

CHAP. CLXXV. 

Resolve on the petition of the proprietors of Canal Bridge^ 
relative to a second Brailoer. February 26th, 1814. 

On the petition of the proprietors of the Canal Bridge, 
praying to be released from the obligatiott of constructing 
more than one 'drawer in the said Bridge r 

Mesolved, For reasons set forth in said petition, that the 
sraid proprietors of the Canal Bridge be, and they hereby 
are authorised to suspend for the term of two years, from 
and after the passing of this resolve, the making or oon-r 
strueting of a second drawer in their said Bridge. 



CHAP. CLXXVL 

Resolve en the petition of Isaac P. Davis and others, for 
the piCrpose of building a dam* February S8th, 1814, 

On the petition of Isaac P. Davis and others, prayins to 
be incorporated for the purpose of building a dam, from 
Beacon Street, In Boston, to SewalPs point : 

Resolved^ That the further consideration of tli^ reports 0f 



U2 PAY TO THE MESSENGER-JetrMor^ 28, 1814. 

all Committees upon tlie said petition, be referred to the 
first session of the next General Court ; and that all parties 
interested be, and hereby are notified to appear on the firs^ 
Wednesday of the first session of the next General Court : 
And that the report of the viewing Committee already made, 
shall be considered, to all intents and purposes, as if such 
viewing Committee had been appointed by the present Le- 
gislature, with authority to report to the next General Court. 



CHAP. CLXXVII. 

tlesolve granting Jno. Low J jun. BiiO for his services as 
assistant Messenger to the House of fle])resentatives. 
February SSth, 1814. 

JResolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to John Low, jun. Assist- 
ant Messenger of the House of Representatives, one 
hundred and ten dollars, in full for his services in that ca- 
pacity, during the present session of the General Court. 



CHAP. CLXXVlII. 

Resolve for 'paying the Committee on *acconnts, 
February 28th, 1814. 

Mesolved, That there be allowed and paid out of public 
Treasury, to the Committee to examine and pass on accounts 
presented against the Commonwealth, for their attendance 
on that service, during the present session, the sums annex- 
ed to their names, in addition to their pay as members of 
the Legislature. 

Hon. Silas Holman, thirty-nine days, fifty- eight dollars 
fifty cents. 

Hon. Joseph Wliiton, thirty-six days, fifty-four dollars. 

Thorn Hale, thirty-six days, fifty-four dollars. 

James Robinson, thirty-nine days, fifty-eight dollars fifty 
cents. 

George Crosby; t)iirty-nine dayS; fifty-eight dollars fifty 



DELIVER PAPERS TO GOY .--Fehrufiri/ 28, 1S14. 443 

cents ; which sums shall be in full for their services afore, 
said, respectively. 



CHAP. CLXXIX. 

Resolve far delivering to the Governor, theparters relative 
to the seizure and detention in JSTeiv-TorJCf of money he- 
longing to the JVew England Bank, to be communicated 
to the next General Court. February S8th, 1814. 

The Committee of both Houses, lo whom was referred 
the communications of his Excellency the Governor, bearing 
date Feb. 14, 1814^ relative to the complaint of the Presi- 
dent and Directors of the ~Hew England Bank, respecting 
the abuse that was committed by the arrestation and deten- 
tion of their property by the Collector of the Customs for 
the District of New York, accompanying a letter from the 
President of the United States on that subject ; respectfully 
report the following resolution, which is submitted. 

T. H. PERKINS, Per Order. 

Hesolved, That the said communications ])e delivered to 
his Excellency the Governor and Council, with the request 
of this Legislature, that his Excellency, or his successor or 
representative in office, would be pleased to present the said 
communication, together with sundry memorials and re- 
monstrances from a large number of towns in this Common- 
wealth, to the next General Court, at an early day of their 
first session, for their consideration and. disposition. 



CHAP. CLXXX. 

Resolve for paying the Chaplains of the General Court, 
February 28th, 1814. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Rev. Dr. John 
Lathrop, Chaplain of the Senate, and to the Rev. Joshua 
Huntington, Chaplain of the Hou^e of Representatives; six- 



444 SECY OBTAIN COPY CBAnGE—Februmy 2S, 1814, 

ty dollars each, in full for their services in said office, the 
present political year. 



CHAP. CLXXXI. 

Resolve directing the Secretary to request of Judge Par- 
ker a copy of that part of his Charge to the Grand Jury 
of Suffolk, in JVoy. last, which delineates the character of 
the late Judge Parsons^ and have it inserted in the next 
■col. of Term Rejports. February 3Sth, 1814. 

llesolvedf That the Secretary of this Commonwealth he 
directed to request of the Hon. Isaac Parker, Esq. one of 
the Associate Justices of the Supreme Judicial Court of this 
Commonwealth, a copy of that part of his Charge to the 
Crrand Jury of the County of Suffolk, at their November 
term last, wherein he delineated the character of the late 
venerated Chief Justice Parsons, and that the Secretary 
cause it to be inserted in the next volume of the Judicial 
reports of this Commonwealth, that shall be published. 



CHAP. CLXXXII. 

Jiesolve allowing a further time to locate a township by the 
Corporation of Williams' College, February S8th, 
1814. 

On tbe petition of the Corporation of Williams' College, 
praying further time to locate a tract of land granted to them 
by a resolve dated February 20, 1809. 

Resolved, That for reasons set forth in the said petition, 
a fui-ther time of two years from this date, be, and hereby 
is allowed to said Corporation, to locate said township; and 
the Agents for the sale of Eastern lands, are hereby directed 
to govern themselves accordingly, any thing in said resolve 
to the contrary notwithstanding 



'»• 



PETITION JOHN BLXKE^FehniaFj/ 28, 1814. 445 

CHAP. CLXXXIII. 

Itesolve on petition of John Blake, A^entfor Penobscot In- 
dianSf authorising him to lease lands. February 28th, 
1814. 

On the petition of John Blake, Agent in I>e,half of tlie In- 
dians on Penobscot river, praying that he may be allowed 
to lease the Indian lands, for a number of years : 

Resolved, That John Blake, Agent for the Penobscot 
tribe of Indians, for the reasons set forth in his petition, be, 
and he hereby is authorised to lease to the several settlers 
on the Indians' land, the lots on which they are respectively 
settled, for a term of time, not exceeding six years, for such 
sums as he may deem reasonable, taking such securities 
therefor, as he may deem suifieient, and apply the income of 
said leased lauds to the use and benefit of said Indians. 
Provided however, that if the settlers on said lands, will not 
allow what said Agent may deem a sufficient compensation 
therefor, he may lease said lands to others ; and that in all 
leases the said Agent shall make provision that no waste of 
"wood or timber shall be made on said lands. 



CHAP. CLXXXIV. 

MesolvB on the 'peiition ofBohevt Hallowell and John Lowell^ 
extendins; the time for settling two toivyiships, they to 
give bond. Treasurer directed. February S8th^ 1814. 

Upon the petition of Robert Hallowell and John Lowell, 
praying for an extension of the time allowed by a former re- 
solve, for putting the number of settlers required by law, 
upon two townships mentioned in said petition, viz. No. 2, 
in the fifth range, and JSIo. 3, in the sixth range^ north of the 
Waldo patent : 

Mesolved hj the Senate and House of Jiepresenfatives of 
the Commonwealth of Massachusetts ^ in General Court as- 
sembledy That the time heretofore granted to the said peti- 
tioners, for putting the number of settlers required by law, 
upon the two townships mentioned in their said petition, be, 
and the same is hereby extended to three years, to be com- 
puted from the first day of June last past: provided the suid 



UQ SETTLERS IN BRISTOL, ^c— February 28, 1814. 

petitioners shall give bond with sufficient surety or sureties, 
within sixty days after the passing of this resolve, to the sa- 
tisfaction of the Agents for the sale of Eastern lands, to the 
Treasurer of this Commonwealth ; with condition that the 
number of settlers required by the terms of the deeds grant- 
ing and conveying said township, shall be actually put 
upon said townships, on or before the first day ^of June, 
which will be in the year of our Lord one thousand eight 
hundred and sixteen, or that the obligors will pay to the 
Treasurer of this Commonwealth, the sum of tiiirty dollars 
for each and every settler, which shall be deficient in the 
number required by the original deeds of conveyance of said 
townships. 

And he it furth&r resolved^ That the Treasurer of this 
Commonwealth is hereby directed, upon receiving the bonds 
as above specified, to give up or cancel any bond or bonds 
given by said petitioners to tlie Treasurer of this Common- 
wealth, conditioned to put settlers on said townships, or pay 
the sum of thirty dollars for each and every settler required 
by law, who shall not be put upon said townships. 



CHAP. CLXXXV. 

Resolve relative to settlers in Bristol, Edgecomh., 8^c. in 
Lincoln county. February 28th, 1814*. 

A resolve in addition to a resolve passed on the 35th day 
of February, 1813, for quieting settlers on lands in Bristol, 
Fdgecomb, &c. in the county of Lincoln. 

On the report of the Commissioners, appointed under the 
resolve aforesaid, and on the several petitions of the towns 
of Bristol, Nobleborough, Jeilerson, and New-Castle, and 
of the Lincoln Academy, touching the same subject : 

llesolved, That t!ie settlers described in the resolve 
aforesaid, be allowed a farther time, until the first day of 
January, 1816, to make payment for their lands tlierein 
mentioned : and the powers and duties of the Commission- 
ers appointed, or to be appointed, under the said resolve, 
are prolonged, and they may make deeds to said settlers, 
as in said resolve authorised, until said first day of Jan- 
uary, upon tiie payment of such sums, as by the terms of 
said resolve may be due at the end of the year therein 



SETTLERS IN BRISTOL, 8ic.-^Fehruary 28, 1814. 447 

mentioned, with interest on such full sam afterwards, till 
paid : Provided, such settlers shall apply seasonably to 
said Commissioners, in order that time may be allowed to 
prepare the requisite deeds, and the proper returns to the 
General Court; and after the said first day of January, it 
shall be the duty of said Commissioners to make their final 
return in said resolve required : but no person shall be con- 
sidered a settler under said resolve, by reason of a settle- 
ment originating after the passing thereof. 

Resolved further, That the said Commissioners shall 
give to the said settlers proper directions to complete at 
their own expence, without delay, such surveys as are by 
said resolve required, except the part of Waldoborough, 
lying eastward of the Waldo line ; and in case of neglect, 
may at their discretion, cause such survey to be made, in a 
manner as little expensive as may be, to answer the pur- 
pose intended, on behalf of the Commonwealth, and assess 
on each settler, applying for a deed, such sum as shall ap- 
pear to them to be his just proportion of the cost of the 
plan, within the limits of which he is a settler, which sum 
he shall pay to them, before he shall receive his deed : and 
the said Commissioners shall, at the time of making their 
final return, deposit in the Land oflRce of the Common- 
wealth, every plan made or produced to them in manner 
aforesaid. And whereas some of the settlers aforesaid, 
may have in actual possession, in the same lot, more than 
two hundred acres of land, and others not settlers, actually 
resident may, before the passing of said resolve, have had 
lands in actual possession, for the purpose of cultivation, 
^nd made improvements thereon, and they may wish to 
purchase the same : 

Resolved, That the said Commissioners may sell to such 
settlers and occupants, lands of these descriptions, at such 
price, as, considering the quality and situations of the land, 
shall, under all circumstances, to them appear just and 
equitable, and execute like deeds thereof accordingly. 

And whereas parts of the towns of Waldoborough, No- 
bleborough, and Jefferson, in said resolve mentioned, are 
included within the limits of the Gore, so called, lying be- 
tween the Plymouth, Waldo, and Browne claims, which 
has by the Commonwealth been granted and conveyed to 
the Trustees of the Lincoln Academy, and they have signi- 
fied their willingness to quiet settlers tlieveoa, on the like 
14 ' 



UB PAY REACHING ELEG. iiEilMON— February/ 28, 1814. 

terms ; Resolved^ that if the said Trustees, or their assigns^ 
shall within the time aforesaid, make, execute, and deliver 
to settlers, deeds of all such lands, lying within said parts 
of said towns, equivalent in all respects to those which the 
said Commissioners are empowered to make, then the said 
Commissioners may pay over to the said Trustees or their 
assigns, the consideration received therefor, instead of pay- 
ing the same into the Treasury of the Commonwealth, and 
charge the same in their account. And whereas the said 
Trustees, were by the terms of their deed from the Com- 
monwealth, required to locate three lots of one hundred and 
sixty acres each, for public uses, on the Gore, as is usual in 
grants of half townships to academies ; and in fact the said 
Gore includes small part& of several towns already settled, 
a,nd such lots cannot be applied to the uses intended ; and 
the said Trustees have petitioned, that in consideration of 
the low terms, on which, in compliance with the resolve 
aforesaid, they have offered to quiet settlers as aforesaid, 
tliey may be exempted from locating the same lots, which 
petition appears reasonable : \ 

liesolvedf That wiien the said Trustees shall have com- 
plied with the terms and conditions aforesaid, the said Gore 
shall be confirmed to them, without the condition of loca- 
ting thereon, the said three lots for public uses ; and to pre- 
vent doubt, it is declared^ that tliis resolve shall not exempt 
the said Trustees from assigning, on the residue of said Gore, 
to each settler, who settled thereon before the first day of 
January, 1784^, one hundred acres of land, on the princi- 
ples and for the consideration prescribed in a resolve pas- 
sed on the twenty- sixth day of March, 1788, according to 
the intent of the several resolves, and the deed of the Com- 
monAVcalth in favor of saiel Trustees. 



CHAP. CLXXXYI. 

Jiesolce granting ffty dollars for the Gentleman wJio may 
jjreach the neaet illection Sermon. February 2Sth. 
1811. 

Resolved, That there shall be allowed and paid out of 
the Treasury of this Commonwealth, to the Gentleman who 
$hall preach the Election Sermon, in May next, fifty doU 



PAY TO W. LOCK.. February/ 2Sy 1814. 449 

lars ; and that his Excellency the Governor shall be author- 
ised to draw his warrant on the Treasurer for said sum. 



CHAP. CLXXXVn. 

Resolve for paying Ward Lock, for his services as tOssist- 
ant to the Messenger to the Governor and Council. 
February 28th, 1814. 

Mesolvedy That there be allowed and paid out of the 
public Treasury of this Commonwealth, to Ward Lock, the 
sum of two dollars, for each day he may have been em- 
ployed as Assistant to the Messenger of Grovernor and 
Council, the present session of the General Court. 



CHAP. CLXXXVIII. 

Mesolve to jpay the Clerks of the two Houses, February 

S8th, 1814. 

Resolved. That there be allowed and paid out of the 
Treasury of this Commonwealth, to Samuel F- McCleary, 
Esq. Clerk of the Senate, the sum of four hundred dollars ; 
to Benjamin Pollard, Esq. Clerk of the House of Repre- 
sentatives, the sum of four hundred dollars ; to Robert C. 
Vose, Assistant Clerk of the Senate, the sum of three hun- 
dred dollars, in full for their respective services, in the 
capacities aforesaid, during the present session of the Gen- 
eral Court. 



CHAP. CLXXXIX. 

Resolve granting to Theron Metcal^, Esq. Reporter o^' 
Contested Elections, S90. February 38th, 1814. 

Resolved, That there be allowed and paid out of the pub- 
lic Treasury, to Tlieron Metcalf, Esq. Reporter of Con- 
tested Elections for this House, the sum of ninety dollars, 
for his services, during the present session of the General 
Court. 



450 PAY TO W. WALCUTT—JPeferMCfr^ 28,4.181 

CHAP. CXC. 

Resolve allowing pay to Thomas Walcutt, for extra writ\ 
ing. February 38tli, 1814. 

Resolved, That seventy -five dollars be granted and paid 
out of the public Treasury, to Thomas Walcutt, in full for 
writing done for the House of Representatives, in the recess 
of the Legislature, according to his account herewith exhib- 
ited. 



CHAP. CXCI. 

On the petition of Seth Fish, jun. Jlgent for the town of 
Falmouth, praying for military assistance in defence of 
said town. February 12th, 1814?. 

The Committee of both Houses, to whom was referred 
the petition of Seth Fish, jun. Agent for the town of Fal- 
mouth, praying the Legislature to take into consideration, 
the representation made by inhabitants of said town of Fal- 
mouth, to the Governor and Council, requesting that men 
and cannon may be granted for the defence of said town, 
against the ships of the enemy ; having had the same under 
consideration, ask leave to report the following resolutions, 
which are submitted. 

ISRAEL THORN DIKE, Chairman. 

"Resolved, That his Excellency the Governor be, and 
hereby is authorised to furnish the town of Falmouth, in 
the county of Barnstable, or any other town, which in h|s 
opinion may be in danger of invasion, with such guns and 
ammunition, as in his discretion may be thought proper. 

Resolved, That his Excellency the Governor be, and 
hereby is authorised to accept of the services of any military 
corps, or of individuals as volunteers, and cause the same 
to be organized in such mode as he may deem proper, to 
be held in readiness for the special defence, and safety of 
this Commonwealth. 



ROLL No. 70 January, 1811, 

THE Committee on accounts having examined the se- 
veral accounts they now present^ 

REPORT, That there are due to the Corporations and 
persons hereafter mentioned, the sums set to their names re- 
spectively, which, when allowed and paid, will be ia full dis- 
charge of the said accounts to the several dates therein men- 
tioned ; which is respectfully submitted. 

SILAS HOLMAlSr, Per Order. 
PAUPER ACCOUJK'TS. 

Town of Arundel, for board and clothing Henry 

Rolfe to 1st January, 1814, 114 40 

Attleborough, for board, clothing and doctoring E- 

liza and Peggy Taylor, to 1st January, 1814, 98 34 

Alfred, for board, clothing and doctoring Wil- 
liam Griffith, to the time of his death, including 
funeral charges, and for the support of Amos 
Place, to the 3d May, 1813, 88 32 

Adams, for board, clothing and doctoring sundry 

paupers, to 9th January, 1814, S7^ 15 

Abingtou, for board, clothing and doctoring Thom- 
as Seymore to 1st February, 1814, 47 50 

Acton, for board, clothing, doctoring and nursing 

John Van Vaulkenburg, to 29th March, 1813, 16 65 

Andover, for board and clothing Patrick Kallahan, . 

and Sukey Hornsby, to 11th February, 1814, 134 52 

Bradford, for board, clothing and doctoring Joshua 

L. Alstars, to 1st January, 1814, 41 83 

Belgrade, for board and doctoring Abigail Odlen, 

to 26th November, 1813, '35 56 

Baldwin, for board of Daniel Hickey, to the 1st 

January, 1814, 45 1& 

Boothbay, for board and clothing Henry Green 

and child, to 12th January, 1814, 28 40 

Berwick, for board and clothing Lemuel AVood- 

worth, to 17th January, 1814, 4^ 40 



452 PAUPER ACCOUNTS. 

Bernardstown, for boarding, clothing and doctor- 
ing Oliver Stevens, to 35th January, 1814, 69 00 
Bridgewater, for board and clothing Frederick 
Bignor, Benjamin C antral, Robert, Green and 
William Martin, to 16th January, 1814, 119 43 
Belfast, for the support of Robert Rogers and fami- 
ly, to the 1st January, 1814, 48 60 
Buxton, for board, clothing and doctoring James 
Maurice, to the time of his death, and funeral 

charges, ^ ^^ 

Beverly, for board, clothing and doctoring sundry 

paupers, to 1st February, 1814, 646 93 

Bangor, for boarding, -clothing, doctoring and nur- 
sing Frederick Waterberry, to 1st January, 
1814, and Margaret Gregg, to the time of her 
death, including funeral charges, 130 40 

Beeket, for board, clothing and doctoring Sally 
Leonard, Hiram Leonard and Bristol Bogart, to 
SOth January, 1814, and Andrew Moffit's wife 
mid children, until they left the Commonwealth, 1S4 40 
Bellingham, for board and clothing Robert Atkins, 
to the time of liis death, including funeral char- 
ges, 19 33 
Berlin, for support of John Hanna, to the 5th A- 

pril, 1813, the time of his death, 13 5Q 

Brimfield, for board and clothing John Christian, 

SOth Jamiary, 1814, 65 9 1 

Bradford, Samuel, keeper of the gaol in Suffolk 
county, for the support of sundry poor prisoners, 
to SlthBeccmber, 1813, 537 81 

Burlington, for the support of James Cade, to 13th 

September, 1813, 25 14 

Boxford, for board and clothing Mehitable Hall, 

to 14th Fe1)ruary, 1814, 97 84 

Boston, Board of Health, for board, clothing and 
doctoring sundry paupers at Rainsford's Island, 
to 1st February, 1814, 123 47 

Boston, for board, clothing and doctoring sundry 

paupers, to 1st December, 1813, 6980 56 

Casliins;, for board and clothing James Walker, to 

10th January, 1814, 41 28 

Carlisle, for board and clothing Robert Barber, to 

9th January, 1814, ' 46 34 



PAUPER ACCOUNTS. 453 

Cape Elizabeth, for board and clothing James 

Ramsbottom, to 2d January, 1814, 49 00 

Chester, for board and clothing Benjamin Powers, 

to 17th January, 1814, 37 06 

Cambridge, for board and clothing sundry paupers, 

to 30th January, 1814, 338 14 

Camden, for board and doctoring John Bloom, to 

8th January, 1814, 133 70 

Chesterfield, for board and clothing Raehael Polly 

and her daughter, to 1st January, 1814, 89 30 

Colrain, for board and clothing Sally Lamonier, 
Richard Haynes and Raehael Haynes, to 12th 
January, 1814, 106 14 

Castine, for board, clothing and doctoring James 
Bulkley, to 1st January, 1814, and James Ber- 
wick, to 3d December, 1813, when he was sent 
to the United States' Hosp-ital, 117 60 

Charlestown, for board, clothing and doctoring 

sundry paupers, to 11th February, 1814, S18 17 

Chelmsford, for board, clothing and doctoring sun- 
dry paupers, to 1st January, 1814, 103 53 

Concord, for board and clothing Joseph Cox and 

Case, a black man, to 14th February, 1814, II7 00 

Cohasset, for board and supplies to the family of 

Peter Powers, to 3d July, 1813, 35 71 

Charlton, for board, clothing, doctoring and nur- 
sing Edward Madden, to 1st January, 1814, 46 07 

Dresden, for board and clothing Charles Call, to 

1st January, 1814, 66 20 

Dogget, Samuel, keeper of the gaol in the county 
of Norfolk, for support of poor prisoners, to 23d 
January, 1814, 101 22 

Durham, for supplies to Alexander Mackintosh, to 
12th January, 1814, 26 00 

Dedham, for board, clothing and doctoring Rob- 
ert Clue, Peggy Henly and Elizabeth Brown to 
12th January, 1814, 43 56 

Dorchester, for board and clothing John Harrison 

and Thomas Wyman, to 30th January, 1814, 95 60 

Danvers, for board clothing, and doctoring sundi-y 
paupers, to 8th February, 1814, 1154 50 

Dracut, for supplies to Richard Baker, to 11th 
February, 1814, ' (5g 00 



454 PAUPER ACCOUNTS. 

Elliot, for board and supplies to Jack Roberts, 
Jacob Brewer and Abigail Randal, to 15tli Jan- 
uary, 1814, including doctor's bill, 118 90 

Edgartown,for board and clothing Anthony Chad- 
wick, to 8th January, 1814, 63 76 

East Hampton, for board and nursing Billdad 
Trumble, to 36th January, 1814, 49 50 

Egreniont, for board and clothing the family of 
Mary Daley and Benjamin Randal, to 14th Jan- 
ary, 1814, 315 20 

Fayette, for board and clothing William Godfrey, 

to 1st January, 1814, 66 20 

Franklin, for board, clothing and doctoring Tho- 
mas Barre, to 3d February, 1814, 95 47 

Frankfort, for board and clotliing Hatevil Col- 
son, to 31st March, 1813, 11 12 

Gardner, for board of Thomas Doyle, to IStli 

May, 1813, 18 00 

Granville, for board and clothing George Taylor 

and Achibald Stewart, to 1st January, 1814, 84 35 

Granby, for board and clothing Ebenezer Darvins, 

to 17th January, 1814, 64 25 

Great Barrington, for board, clothing and nursing 
Isaac Hose, Catharine Hose, Mary Hose, Cla- 
rissa Lindsey and Lucy Porter, to 9th J anuary, 
1814, 270 64 

Greenwich, for board, clothing, doctoring and 

nursing sundry paupers, to 14th January, 1814, 211 85 
Groton, for board, clothing and doctoring sundry 

paupers, to 10th January, 1814, 356 13 

Greenfield, for board, clothing and doctoring Eu- 
nice Couvers, to 1st January, 1814, 101 00 
Gill, for board, clothing and doctoring Sarah 
Hamilton, Samuel Lyon and wife, to 29th Jan- 
uary, 1814, 122 03 
Gloucester, for board, clothing and doctoring sun- 
dry paupers, to 10th November, 1813, 991 94 
Gorham, for board, clothing and nursing Jacob 

Morse, to 16th February, 1814, 54 00 

Hancock, for board and clothing Rebecca Osborn, 
to 1st January, 1814, 53 28 



PAUPER ACCOUNTS. 455 

Hutson, John, keeper of the gaol in the county of 
Essex, for the support of sundry poor prisoners, 
to 30th December, 1813, 353 79 

Uerrick, Ephraiin, for board Lemuel Culver and 

Phoebe Culver's child, to 10th January, 1814, 108 56 

Hadley, for board, clothing and doctoring Fry- 
day Allen and Rebecca, his wife, to 6th Janu- 
ary, 1814, 134 70 

Hodgkins, Joseph, keeper of the house of correc- 
tion in the county of Essex, for board and cloth- 
ing sundry paupers, to 31st January, 1814, 248 03 

Hallovvell, for board, clothing and doctoring sun- 
dry paupers, to 3 tst December, 1813, 619 40 

Holland, for board and clothing Jonathan Hill, to 

13th January, 1814, 36 37 

Haverhill, for board, clothing and doctoring Wil- 
liam Tapley, to 1st January, 1814, 83 25 

Hingham, for board, clothing and doctoring Otter- 

TVill Warrell and supplies to his family, 27 7^ 

Hopkinton, for supporting Dinah, a negro, to 6th 

February, 1814, 156 00 

Ipswich, for board and clothing sundry paupers, 

to 1st February, 1814, 464 33 

Kittery, for board, clothing and doctoring Sarah 
Perkins, Deborah Perjfins and child, to 1st 
January, 1814, 142 00 

Lee, for board, clothing and doctoring Jonathan 
and Sarah Blackman, Asubali Cain, Lucy Ful- 
ler, Daniel and Betsy Santee, Is' athaniel and Sa- 
rah Hubbart, and Nathaniel Risley, to the time 
of his death, January 6th, 1814, mcluding fu- 
neral charges, 326 47 

Lanesborough, for board, clothing and doctoring 
Clarissa Curtis, Tersey Terry, supplies to Ich- 
abod vSherlock, to 1st January^ 1814, and Jeru- 
sha Welsh, to the time of her death, including 
funeral charges, , I7I go 

Leyden, for board, clothing and doctoring Stacy 
Fuller, Elizabeth Wagner and Ruth Abel, to 
31st January, 1814, 9I 92 

Limington, for board and clothing John Orion, to 

1st January, 1814, G7 20 

15 



456 PAUPER ACCOUNTS. 

Lenox, for board and clothing Abraham Palmer, 
Tabitha T^ewis and Mary Thurston, to 3d Jan- 
uary, 1814, 108 75 

Lincolnville, for board and clothing Alexander 
White, Timothy Cox and Edward Cram's 
child, to 1st January, 1814, 138 05 

Litchfield, for board and clothing Daniel Howard 
and Hannah Taylor's two children, to the 1st 
January, 1814, 89 20 

Littleton, for board and clothing John Putnam, to 
S7tli January, 1814, and Joseph Davenport, un- 
til he left the town, . 86 9S 

Lynn, for board and clothing sundry paupers, to 

8th February, 1814, 696 04 

Lunenburg, for board, clothing, doctoring and nur- 
sing Felix Tool, to 2;ith January, 1814, 104 S3 

Machias, for board, clothing and doctoring Viah 
Wheaton, Moses Wheaton, to 1st January, 
]8i4, and Daniel McDaniel, to the time of his 
death, including funeral charges, 163 47 

Milford, for ])oard of Betty Grould and supplies to 

Robert Wood, to 10th January, 1814, 44 68 

Methuen, for board, clothing and doctoring Nan- 
cy Hale, to 14th January, 1814, 67 69 

Middleborough, for the support of John Fitzger- 
ald, to 10th January, 1814, and Betty White to 
same date, 129 46 

Marshfield, for board, clothing and doctoring Phi- 
lis Mitchell, to 18th May, 1813, and Lemuel 
Little, to the time of his death, including funeral 
charges, 176 38 

Mount Vernon, for board and clotlring David Bass- 
ford, to 5th January, 1814, 30 SO 

MiltoUj for board, clothing and nursing Alexander 

Theophilus, to 7th Febri\ary, 1814, 65 00 

Marblehead, for board, clothing and doctoring 

sundry paupers, to 6th February, 1814, 536 42 

Montague, for board, clothing and nursing Joshua 

Searls, to 10th January, 1814, 60 86 

Medford, for board of John P. Larkin, and sup- 
plies for his family, until his death, November, 
1813, including funeral charges, 39 79 



PAUPER ACCOUNTS. 457 

Medway, for board, doctoring and nursing Pliineas 
Dodge, until he left the State, and expense 
of his removal therefrom, January, 1814', 29 Oh 

N orridgewock, for board and clothing Joseph 
Spencer, a poor prisoner, confined for debt, to 
8th December, 1813, 57 00 

New -Gloucester, for board, clothing and nursing 
John May and Joseph Gregory, to 15th Janu- 
ary, 1814, 72 84 

Norwich, for board of David Williams, to 17th 

January, 1814, 66 96 

New-Marlborough, for board, nursing and cloth- 
ing Ork Eugene, to S5th January, 1814, 18 15 

North Yarmouth, for board, clothing, doctoring 
and nursing George Young, to the time he left * 
the town, and William Elwell and John Mar- 
tin, to the time of their death, including funeral 
charges, 1813, 163 70 

Newbury, for board, clothing and doctoring sun- 
dry paupers, to 1st January, 1814, 1326 69 

Newburyport, for board, clothing and doctoring 

sundry paupers, to the 1st January, 18 14, 2491 29 

Northampton, for board, clothing and doctoring 

sundry paupers, to the 1st February, 18i4, 382 03 

Nantucket, for board, clothing and doctoring sun- 
dry paupers, to 1st January, 1814, 91 55 

Oxford, to board of Catharine Jourdau, to 1st 
January, 1814, 7I 86 

Overseers of the plantation of Marshpee Indians, 

for supporting sundry paupers, to January, 1814, 490 10 

Pittsfield, for board, clothing and doctoring sun- 
dry paupers, to 1st January, 1813, 3I7 76 

Peru, for supplies to James Robbins and family, 

to 8th January, 1814, yj 04 

Palmer, for board, clothing and doctoring William 
Mundon and Plicebe Mundon, his wife, to 5th 
January, 1814, I34, 27 

Parsonfield, for board and clothing Susan Miles 

and child, to 15th January, 1814, 30 20 

Plymouth, for board, clothing and doctoring sun- 
dry paupers, to 9th January, 1814, 44O 51 

Pejipscot, for support of William Ireton^ to 11th 

January, 1814, 15 41 



45S PAUPER ACCOUNTS. 

Portland, for board, clothing and doctoring sun- 
dry paupers, to 1st January, 1814, 1503 60 
Quiney, for board and clothing William Oliphant, 

to 23d January, 1814, 7^ 7(X 

Readfield, for board and clothing Edward Bur- 
gess, to 1st January, 1814, 59 16 
Howley, for beard, clothing, doctoring and nur- 
sing Elle Collins, to 3d January, 1814, also 
Benning Paw, i2Q 81 
Richmond, for board, tloctoring and nursing Eli 
Allen, to the time of his death, including fu- 
neral charges, 14 00 
Rutland, for board, clothing and doctoring John 
Caulin, William Henderson, and funeral char- 
ges of John Hannes, 1st January, 1814, 78 83 
Roxbury, for board, clothing and doctoring sundry 

paupers, to 3d January, 18 14,^,. 316 S3 

Rehobotli, for board, clothing and doctoring sundry 

paupers, to 1st January 1814, S60 88 

Russell, for board, clothing, doctoring and nursing 
John Ward, to the time of his deaih, including 
funeral charges May, 1813, 14 67 

Sandwich, for board and clothing Richard Cranch, 

to 10th January, 1814, 36 30 

Scarborough, for board and clothing William 
Bow lin and Robert Gilfillen, to 8th January, 
1814, 47 10 

Sandisfield, for board and clothing Elizabeth 
Dando, Rieliard Dukson, and family, to 10th 
January, 1814, 64 57 

Spencer, for board and clothing John Lander, to 

6th January, 1814, 67 20 

Standish, for board and clothing Allice Noble, to 

6th January, 1814, 67 OQ 

Scituate, for board and clothing John Woodward, 

to 1st June, 1813, 30 20 

Shrewsbury, for board and clothing Leander Tay- 
lor, to 25th January, 1814, 30 16 
Suttoi), for board, clothing, doctoring and nursing 
John Knox, and five children of Isabella Santee, 
to 11th January, 1814, 163 08 
Swansey, for board and clothing James Garnet 

and Ganet Burns, to 15th January, 1814, 74 80 



PAUPER ACCOUNTS. 459 

Stoclibridge, for board, clotbiiig and doctoring Se- 
ley Peet, Mercy Doud and John Morrison, to 
7th December, 1813, iucludiiig funeral charges 
for Mercy Bond, Sll S6 

Somerset, for board and clothing William Elliot, 

to 1st January, 1814, ^ ^5 78 

Shirley, for board and clothing Roderick McKin- 
sey and wife, Simeon Cox and Molly Fare, to 
29th January, 1814', ami James Mills, to the 
time of his death. 17^ 99 

Sudbury, for board and nursing Peter Hammond, 

to 24th January, 1814, 129 73 

Shelburn, for board, clothing, doctoring and nurs- 
ing Paul McCoy and family, to 31st January, 
1814, " 158 94 

Sonthwick, for board, clotliing and doctoring Greorge 

Reed, to 1st January, 1814, 75 04 

Sidney, for the support of James Lyon, to 13th May, 

1813, when bound out, " "^ 11 00 

St. Greorge, for board and clothing Robert Hawes, 

to Sd February, 1814, 57 28 

Salem, for board, clothing and doctoring sundry 

paupers, to ^2d January, 1814, 1583 74^ 

Springfield, for board, clothing, doctoring and nur- 
sing sundry paupers, to 5th January, 1814, inclu- 
ding funeral charges for four paupers, 6l 57 

Sterling, for board and clothing Jeremiah Pike, 

to 14th January, 1814, 74 15 

Simonds, Caleb, for supporting a poor prisoner in 

Concord gaol, 23d August, 1813, 6 65 

Stoneham, for board, nursing and doctoring Nich- 
olas John Crevy, to the time of his death, and 
his wife, to 29th January, 1814, including fune- 
ral charges, HO 48 

Tyringham, for board, clothing and doctoring 

Ralph Way, to 1st January, 1814, 73 S3 

Taunton, for board and clothing sundry paupers 

and poor prisoners, to 31st December, 1813, 261 48 

Thomastown, for board, clothing and doctoring 

John Anderson, to 12th January, 1814, 53 21 

Uxbridge, for board and clothing Philis Jenks and 

three cliildren, to 14th February, 1814, 76 00 

Winthrop, for board and clothing William Gas- 
kill, Olive Howard and Tliomas Taylor's fa- 
mily, to 4th January, 1814, including the cliar- 
ges of moving Taylors family out of the State, 270 89 



460 PAUPER ACCOUNTS. 

West- Springfield, for board and clothing James 
Aldrech, Hannah Hhivey and Hannah Felt, to 
13th January, 1814, 105 60 

"Windsor, for board and clothing Henry Smith 

and wife, to 14th January, 1814, 80 9S 

Williamston, for board, clothing and doctoring 
sundry paupers, to 12th January, 1814, inclu- 
ding funeral charges, for Mary Blue, Laura 
Stephenson and child, and removing Christo- 
pher Glover, out of the State, 313 47 

Woolwich, for board, clothing and doctoring An- 

na Amelia Heiicom, to November, 1811, 37 70 

West Stockbridge, for board and clothing Lucy 

Lane and James C: Biggs, to 1st Jan'y, 1814, 101 00 

Worcester, for board, clothing and doctoring sun- 
dry paupers, to 1st January, 1814, 182 32 

Westj&eld, for board, clothing and doctoring John 
Newton and wife, and T. Gillet to 31st De- 
cember, 1813, 170 95 

Wilbraliam, for board and clothing James W. 

McDunn, to 27th January, 1814, 8 05 

Woburn, for board and clothing John Lynham, 

to 10th February, 1814, also James Cade, 86 10 

Wiscasset, for board, clothing and doctoring Ni- 
cholas Webber,Isaac Fay, to 1st February, 18 14, 
Mrs. Rich to the time of her death, including 
funeral charges, and Lewis Swarfs wife and 
three children until they left the town, 25th Au- 
gust, 1813, 543 44 

West Hampton, for board and clothing, sundry 

paupers to 1st January, 1814, 72 50 

Watertown, for board of Sarah Ellis, to 24tli 

January, 1814, 19 34 

Warren, for board and clothing William Mear- 

man, and Hannali Annis, to 1st January, 1814, 222 40 

Wesiford, for board, clothing, doctoring and 
nursing Christopher Sbeppard, to 15th Feb- 
ruary,^lS14, 85 24 

York, for board, clothing, doctoring and nursing 

sundry paupers, to the 8th February, 1814, 787 45 

S 37,207 69 



MILITARY ACCOUNTS. 461 

MILITARY ACCOUJ^TTS. 

Courts Martial, and Courts of Inquiry. 

To Blisb, jun. Joseph, for the expence of a Court 
Martial, held at Sandwich, in September and 
October last, whereof Col. Charles Turner was 
President, 1^7 48 

Dewey, Charles, for the expence of a Court of In- 
quiry, held at E§remont, in December, last, 
whereof Col. Colgrove was President, S8 76 

Fisher,Jacob,fortlie expence of a Court of Inquiry, 
held at Shrewsbury, in August 1813, whereof 
Col. Blood was President. 57 93 

Hoyt, Epaphras, for the expence of a Court of In- 
quiry,held atWhately,in November last, whereof 
Col. Langley was President, 30 96 

Starr, Jun. James, for the expence of a Court Mar- 
tial, held at Paris, in June last, whereof Col. 
Nevers was President, 11}7 47 



S29S 60 



Brigade Majors and Aids de Camp. 



To Bates, Elkh, to 30th January, 1814, 60 95 

Blish, Jun. Joseph, to 19th December, 1813, 47 55 

Bastow, Sumner, to 15th August 1813, 57 00 

Cummings, David, to 20th January, 1814, 50 93 

Clap, Ebenezer, to 13th November, 1813, 61 85 

Dwight, W. Henry, to 1st December, 1813, 58 10 

Dewy, Charles, to 24th January, 1814, 13 00 

Dutch, Ebenezer, to 13th January, 1814, IO7 63 

Fisher, Jacob, to 20th October, 1813, 56 90 

Greenleaf, Samuel, to 8th November, 1813, 74 36 

Goodwin, M. John, to 15th January, 1814, 68 66 

Hubbard, Russell, to 1st December, 1813, 34 00 

Hoyt, Epaphras, to 1st January, 1814, 52 64 

Hayward, Nathan, to 7th January, 1814, 83 00 

Howard, Samuel, to 3d December, 1313, 151 15 

Hubbell, C ilvin, to 28th December 1813, 22 60 

Hight, William, to 10th January, 1814, 51 00 

Jaques, Samuel, to 15th February, 1814, 70 33 



463 MILITARY ACCOUNTS. 

Knap, L. Samuel, to 9ili December, 1813, 45 75 

Mattoon,D. Noali, to 24th, Jamiavy 1S14, 33 95 

Osgood, Francis, to S7th January, 1814, 54 03 

Pope, Thomas, to SBtJi January, i8i4, ' 35 45 

Page, Samuel, to 20th January^ 1814, 1S6 18 

Sawtell, Richard, to 1st January, 1814, 73 90 

Starr, Jun. James, to 1 st November, 18] 3, 52 70 

Hussell, Edward, to 24th January 1814, 29 65 

Russ, John, to 8th September, 1813, 64 00 

Roberts, L.' Charles, to 8t]i February, 1814, 8 00 

Tildeu, P. Bryant, to 15t]i February, 1814, 49 75 

Thayer, Minot. to 1 2th February , 1814, 65 40 

Thayer, M. Samuel, to 2ist February, 1814, 92 25 

Varnum, F. Benjamin, to 8th September, 1813, 28 35 

Whiting, Timothy, to 29tli December, 1813, 86 75 

Wingate, F. Joseph, to 13th February, 1814, 24 50 



Brigade (Quarter Masters. 

Bartol, Barnabas, to 1st January, 1814, 
Cook, Daniel, to 1st January, 1814, 
Crosby, John, Jun. to 1st of January, 1814, 
Crafts, Ebenczer, to 1st January, 1814, 
Cambell, Archibald, to 1st January, 1814, 
Fales, C. Samuel, to 1st January, 1814, 
Garret, Andrew, to lltli January, 1814, 
How, Thomas, to 1st January, 1814, 
Hildreth, Jonathan, to 1st January, 1814, 
Hobat, Thomas, to 1st January, 18 4, 
Lewis, Lyman, to 1st January, 1814, 
Norton, B. Yf inthrop, to 1st January, 1814, 
Partridge, Samuel, to 1st .January, 1814, 
Pollard, Oliver, to 1st January, 1814, 
Roberts, Charles, to 1st January, 1814, 
Kossiter, Samuel, to 1st January, 1814, 
Weston, D. Jonathan, to 1st January, 1814, 
Walker, Timothy, to ist January, 1814, 



J7 71 


34 31 


32 


27 


23 


73 


25 


83 


31 


06 


15 


84 


29 


51 


22 


15 


I'T 03 


24 


31 


30 


^7 


35 


94 


17 92 


11 


28 


17 


48 


69 84 


28 


42 







S485 20 



MILITARY ACCOUNTS. 46S 

Adjutants. 

Adams, Charles, to 9th January, 1814, ^0 S3 

Armes, George, to 34th January, 1814, SO 15 

Adams, Moses, to 24th August, 1813, 19 11 

Avery, Joshua, to 17th February, 1814, 38 69 

Bigelow,Tyler,tol8fch January, 1814, 89 88 

Backus, Zenos, to 4th January, 1814, 33 29 

Burnham, Enoch, to 1st January, 1814, 30 30 

Brown, Benjamin, to 37th December, 1813_, S6 35 

Bodurtha, Harvey, to 8th January, 1814, 19 35 

Bosv\orth, Sherman, to 5th January, 1814, 16 36 

Bartol, Barnabas, to 18th September, J 81 3, 16 63 

Brewer, C. Daniel, to 33d September, 1813, 1 4 37 

Brown, Abner, to 38th January, 1814, 114 13 

Bradley, Enoch, to 25th January, 1814, 15 71 

Bancroft, Ebenezer, to 8th June, 1813, 39 35 

Bourne, Joseph, to 31st September, 181 3, 23 47 

Brown, Thomas, to 31st September, 1813 24 37 

Callender, Benjamin, to 11th December, I8l3, 14 50 

Carter, Willis, to 6th January, 1814, 19 41 

Clarke, Joseph, to 13th January, 1814, 63 71 

Chase, James, to 13th January, 1814, 18 74 

Champney, John, to 38th January, 1814, 67 00 

Clarke, Samuel, to 3d January, 1814, 81 20 

Cushing, Niel, to 24th January, 1814, 44 91 

Colman, Daniel, to 11th February, 1814, 8 10 

Chase, L. Thomas, to 16th February, 1814, 14 53 

Crowell, Michael, to 18th January, f814, 33 13 

Draper, William, to l5th January, 1814, 26 59 

Dean, Josiah, to 30th January, 1814, 41 ±2 

Eell, Samuel, to 20th January, 1814, 89 55 

Flint, William, to 1st June, 1813, 6 75 

Fairbank, Stephen, to 28th January, 1814, 98 62 

Gilmore, Rufus, to 25th December, 1813, 21 03 

Gilbreath, John, to 8th January, 1814, 12 39 

Gitchcl, Ephraim, to llth January, 1814, 44 09 

Grennel, Jun. George, to 1st January, I8l4, 20 98 

How, Joel, to 24th December, 1813, 12 82 

Hyde, Zina, to 26th September, 1813, 25 28 

Heald, Jun. Josiah, to 1st January, 1814, 17 73 

Henshaw, Samuel, to l7th January, 1814, I7 37 

Hudson, R. John, to 12th Decembor, 1813, 18 90 

Harrington, Joseph, to 1st Janaary, 1814, 58 IS 
16 



464 MILITARY AGCOUNTSi 

Hnton, Joshua, to 9tli February, 1814, 106 38 

Hodson, Isaac, to 20tli September, 1813, 46 68 

Jewelt, Jesse, to 3d January, 18 14, S3 Q2 

Joues, Nathan, to 1st January, 1814, 7 66 

Jenkins, Abraham, to 8th January, 1814, 9 84 

Ingraham, M. James, to 1 1th May, 1813, 34 73 

Jaques, Henry, to 1 i th January, 1814, 40 1 1 

Kingman, Simeon, to lOth January, 1813, 87 13 

Kenney, Thomas, to 1st January, 1814, 16 01 

Keith;, Cyrus, to I7th January, 1814, 65 S5 

Kellog, C. Giles, to 14th January, 1814, 26 50 

Kingsbury, Sanford, to 30th November, 1813, S2 29 

Lewis. Piiilo, to I7th December, 1813, 33 89 

Low, Parley, to 1 1 th January, 1814, 13 73 

Lunt, Peter, to 8th January, 1814, 9 32 

Lewis, Lyman, to 1st October, 1813, 21 69 

Munroe, NVilliam, to 25th June, 1813, 14 93 

Marston, Jonathan, to 17th November, 1813, 59 33 

Mitchel, William, to 1st May, 1813, 54 36 

Nye. Joseph, to 14th December, 1813, 13 37 

Neediiam, H. James, to 1 Uh January, 1814, 30 10 

Nason, licvet, to 24th January, 1814, 32 00 

Ormsby, Abraham, to 1st January, 1814, 23 53 

Orr, Hector, to 5th January, 1814, 69 75 

Poor, A. Daniel, to 3d October, 1813, 6 09 

Preston, Warren, to 17tli August, 1813, 22 78 

Pengree, Samuel, to 7th January, 1814, 21 30 

Page, Jesse, to 1st January. 1814, 14 85 

Pope, Jun. Ebenezer, to 2Gth January, 1814, l5 22 

Poor, Nathan, to 1st January, 1814, 17 61 

Pike, T. Joseph, to llth February, 1814, 10 48 

Parker, Henry, to 15th January, 1814, 49 37 

llider, Lot, to 27th November, 1813, 9 00 
llichardson, Ephraim, to 29th November, 1813, 11 92 

Rice, Alvon, to 1st January, 1814, 17 40 

llipley, W. James, to 1st October, 1813, 11 68 

Scammon, F. John, to 8th January, 1814, 12 20 

Stinchfield, Jeremiah, to 16th April, 1813, 4 84 

Sever, John, to 1st November, 1813, 14 28 

Salmond, William, to 1st January, 1814, 30 13 

Smith, Henry, to 15th January ,1814, 15 65 

Silsbee, Samuel, to 28th July, 1813, ' 10 83 

Shattuck, Daniel, to 1st October, 1813, 24 36 

Spring, Josiah, to 16th January, 1814, 12 56 



MILITARY ACCOUNTS. 465 

Sprague, G. Joseph, toSQth September^ 1813, 
TrufantjSeth, to 8th October, 1813, 
Toby, Elisha, to 1st January, 1814, 
Turner, P. John, to 1st January, 1814, 
Treadwell, Charles, to 1st Januaiy, 1814, 
"Wood, John, to 7th January, 1814, 
Wilmut, David, to 1st September, 1813, 
Washburn, Cornwell, to lOth October, 1818, 
Williams, Jonathan, to 3d February, 1814, 
Ware, Jason, to 8th February, 1814, 
Waters, Jason, to 3ist January, 1814, 
Wild, Jonathan, to I'J'th February, 1814, 



13 39 


17 


86 


41 


19 


17 85 


4 


14 


15 


35 


13 


50 


17 60 


38 65 


12 


7S 


14 69 


51 


94 



SS769 87 



Expences of Horses to haul Artillery. 



Bird, Joseph, to 7th October, 1813, 8 7^ 

Clemence Calvin, to 14th October, 181S, 5 00 

Devi^ey, Calvin, to 2d October, 1813, 5 00 

Derby, Benjamin, to I7th November, 1813, 15 00 

Dyer, Ebenezer, to 15th October, 1813, SO GO 

Gleason, Joseph, to 30th December, 1813, 10 00 

Gale, Isaac, to 1 3th October, 1813, 1 5 00 

Hills, Williain, to 22d December, 1813, 10 00 

Joy, Noah, to 8th October, 1813, 5 00 

Johnson, Peter, to 6th October, 1813, 10 00 

Johnson, Alfred, to l6th September, 1813, 5 00 

Kendall, Loammi, to 7th October, 1813, 8 75 

Jiyon, John, to 8th October, 1813, 5 00 

Ladd, G. Samuel, to 5th October, 1813, 7 50 

liaue, Isaac, to 13th October, 1813, 7 50 

Lewis, James, to 13th January, 1814, 8 75 

Prentis, Caleb, to 6th October, 1813, 10 00 

Peabody, Jacob, to 1 9tli January, 1814, 7 00 

Putnam, Jesse, to 1st January, 1814, 7 00 

Parkhurst, Amasa, to 34th January, 1814, 5 00 

Page, Timothy, to 8th- October, 1813, 8 75 

Prescott, L. John, to 18th September, 1813, 6 50 

Rantlett, Samuel, to 15th Januaiy, 1814, 5 00 

Stebbins, Zenos, to 10th December, 1813, 5 00 

Smith, M. Edmund, to 31st February, 1814, 8 7^ 

Strong, Asahel, to 3d February, 1814, 5 00 

Smith, E. Joseph, to 14th February, 1814, 20 00 



46G SHERIFFS' AND CORONERS' ACCOUNTS. 

Sprague, Nathaniel, to 17tli September, 1813, 
Smith, Zenos, to 9th June, 1813, 
lianderson, Henry, to 7th October, 1813, 
Temple, John, to 7th October, 1813, 
Thaxter, Jonathan, to 17th February, 1814, 
Ware, Nathan, to S4th January, 1814, 



7 50 


5 00 


10 00 


8 75 


20 00 


5 00 


290 00 


- 392 60 


- 485 20 


- 1993 26 


- 2769 87 


- 290 50 



Aggregate Courts Martial, &e. - 

^' Brigade Quarter Masters, 
'•^ Brigade Majors, &c. 

^^ Adjutants, 

^' For Artillery Horses, - 

5930 43 
SHEHIFFS' AJ^D COEOJVERS' ACCOUJ\rTS. 

Baker, Jun. 3ohn, Coroner of l^orfolk County, for 

funerfil char2;es of a stranger, January, 1814, 7 00 

Bourn, Thomas, Coroner of Norfolk County, for 
inquest and funeral charges of a stranger, April 
13th, 1813, 19 00 

Folsom, W. John, Coroner of Suffolk County, for 
inquest and funeral charges on sundry stran- 
gers, to February, 1814, 76 49 

Gardner, Lathram, Coroner of Nantucket County, 
for inquest and funeral charges of a stranger, 
January, 1813, 26 12 

Glover, Benjamin, Coroner of Nantucket County, 
for inquest and funeral charges of sundry stran- 
gers, March, 1813,^ 84 17 

Leonard, Horatio, Sheriff of Bristol County, for 
apprehending a prisoner and returning votes for 
Governor and Lieutenant Governor, 1813, 58 20 

MXellen, Joim, Coroner of Cumberland County, 
for inquest and funeral charges of a stranger, 
September, 1813, 21 15 

psgood, James, Deputy Sheriff of Oxford County, 
for distributing resolves for choice of Electors 
of President and Yice President, November, 
1813, 14 5.(Si 



PRINTERS' ACCOUNTS. . 4()7 

Putnam, Josiali, Coroner of the County of Wor- 
cester, for inquest and funeral charges of a stran- 
ger, August, 1813, 20 49 

Sawtell, Richard, Sheriff of Somerset County, for 
returning votes for Governor, Lieutenant Go- 
vernor and Senators, i813, 17 60 

Tobey Seth, Coroner of Barnstable County, for 
inquest and funeral charges of a stranger, Au- 
gust, 1813, ^ 21 60 

Witt, Thomas, Coroner of Essex County, for in- 
quest and funeral charges of two strangers, 
January, 1814, 45 68 



413 00 



FRLYTEES' ACCOUJVTS. 



Allen, E. W. for printing Acts and Resolves, for 

1813, 16 66 

Allen, Phineas,for printing Acts and Resolves, for 

1813, 16 67 

Allen, W. B. and H. G. for printing Acts and Re- 
solves, for 1813, 16 67 

Adams & Rhoades, for printing to 26th Aug. 1813, 7 50 

Clapp, William, for printing Acts and Resolves, 

to 23d February, 1813, 16 67 

Cheever,Nathaniel,for printing Acts and Resolves, 

1 st Janu ary , 1814, 1 6 67 

Munroe & Francis, for printing to 14tli Feb. 1814, 26 37 

Shirley, A. for printing Acts and Resolves, to 1st 

January, 1814, 16 67 

Russell, Benjamin, for printing and stationary, for 
the government, including printing for the Mas- 
sachusetts Agricultural ^?ociety, amounting to 
362 dollars. 4,191 32 

Phelps and Denno, for printing Acts and Resolves, 

to July, 1813, 16 67 

Watson and Bangs, for printing to July, 1813, 10 00 

Wait, Thomas^ B. for printing, to 28th July, 1813, 21 00 



^ 



S4,372 87 
MlSCELLAJ\^EOUS .iCCOUJVTS, 



Boston Board of Health, for sundry repairs on 

Kainsford Island, to February, 18H> ^5 66 



46S 



MISCELLANEOUS ACCOUNTS. 



Bradford and Reed, for stationary to 8tli Febru- 
ary, 1814, 14^ 87 

Brown, Walter, for the burial of a stranger, Feb- 
ruary 7th, 1814, 5 00 

Brooks, John, for stationary, January, 1 814, 6 89 

Blaney, Henry, for sundry repairs on the State- 
House, to 7th December, 1813, 35 67 

Bradley, Samuel and David, for sundry articles, 
of Iron Mongry, for the State-House, to Janu- 
aiy, 1814, 51 77 

Burditt, James, W. for stationary, to 17th Febru- 
ary, 1814, 509 S9 

Bill of Cost, in the case of John Vinal, allowed 
to the following persons, viz : 

George Reed, Constable^ 5 

Thomas Dawes, i 

David W. Bradley, 1 

Edward Jackson, 3 

William P. Whiting, 1 

Shubael Bell, 1 

Elias Mann, S 

Walter Crosby, 1 

Andrew Sanborn, 1 

Joseph Wendell, 1 

Thomas H. Guss, 4 

Peter Guss, 1 

Alexander M. Lane, i 

Primus Hall, i 

Rebecca Jessamin, 1 

Michael Dalton, i 

John Gardner, 1 

Philip Sombardo, 1 

Solomon Twist, 3 

William Oliver, 4 

Henry Lane, 1 

James T. Austin, 2 31 00 

Bacon, Henry, for assisting the Messeeger of the 

Court, to 26th February, 84 00 

Charlestown Representatives, for theij: attendance, 
to 14th June, 1813, viz : 

David Goodwin, S3 

Thomas Harris, 30* 

John Soley, 26 

William Austin, 16—^94 OD 



MISCELLANEOUS ACCOUNTS. 4G^ 

Chase, Warren, for assisting the Messenger, to 

36th February, 1814^, 88 00 

Durant, William, for sundries for the State-House, 

to February 1814, 19 00 

Greenwood, Alexander, for surveying land, Octo- 
ber, 1813, 134 47 

Hammond, Charles, for services by order of Court, 

February, 1814, 34 00 

Lincoln, Amos, for repairs on the State-House, to 

February, 1814, 43 58 

Leeds, Samuel, for funeral charges on a stranger, 

May, 1813, 4 00 

Lapham, Sylvanus, for services, to 26th February, 

1814, 88 00 

Merril, John, for doctoring criminal prisoners, to 

19th January, 1814, 33 OO 

McCleary, and Pollard, Clerks of the Senate, and 

House of Representatives, for services, 86 60 

Savage, James, for correcting and revising the 
Charters and Laws of the Commonwealth, by 
order of Court, February 8th, 1814, 100 00 

Spear, Henry, keeper of Rainsford's Island, for 

services, to l5th February, 1814, 44 44 

Tudor, William, Clerk of the Supreme Court, for 
filing and arranging papers, by order of Court, 
18th F'ebruary, 1814, g63 37 

Tarbel, Thomas, for Crape, furnished by order 

of the Court, January, 1814, g4f qq 

White, John, for wood supplied at Rainsford, 

Island, 96 qO 

Woombal and Poland, for bringing a dead body 
from Calf Island, under direction of a Coroner, 7 00 

Wheeler, John, H. for sundry repairs on the State - 

House, ^13 h^4 

Wells, John, Joseph Berais, Benjamin Weld, Eze- 
kiel Savage, and George Blauchard, for their 
services in examining and adjusting Treasurer's 
accounts, February, 1814, ^0 00 

JSS,5S6 85 



470 AGGREGATE OF ROLL NO. 70. 

Aggregate of Roll JSTo. 70. 

Expences of State Paupers, 37,S07 69 

Do. Militia, 5930 43 

Do. Sheriffs and Coroners^ 412 00 

Do. Printers, 4372 87 

Do. Miscellaneous, 2526 85 



S50,449 84 



Resolved, That there be allowed and paid out of the pub- 
lic Treasury to the several Corporations and persons men- 
tioned in this lloll, the sums set against such Corporations 
and persons' names respectively, amounting in the whole to 
the sum of fifty thousand, four hundred and forty-nine dol- 
lars and eighty-four cents, the same being in full discharge 
of the accounts and demands to which they refer. 

In Senate, Fehriiary 2oth, 1814. 
Read and accepted. Sent down for concurrence. 

JOHN PHILLIPS, President, 

In tlie House of Representatives, February 2oth, 1814. 
Read and concurred. 

TIMOTHY BIGELOW, Speaker. 

February ^^th, 1814.. ..Approved, 

CALEB STRONG. 



(;OMMO^' WEALTH OF MASSACHUSETTS. 



Secretnr}j''s Office. JMmj mh, 1 814. 
By this 1 cei'lify, (hat the Rpso'ves of the General Court, pHssed at their Winter 
Session, in ll-e present yeiir, and corjluined in (his Pamphlet, have Uecn compared in this 
Office, with the originals, and ap(iear to ))e coirect, excepting; in llie following instances, 
viz. : at page SOS third line from the bottom on the ri^ht hand of Mount Wufhington, for 
'J.SOOS 40 read 2^008 40— sit page 390 third line from the lop, for j\'e-:u-Mhfteld read New- 
Ashford — at page 401, lota! of polls in Cumberliuid, for 775,9 read 'J,577 — at i)age 403, tor 
the lust figures on the bottom line; viz. : 0.23 re^d 1,23 

ALDEN BRADFORD, 

Secretarti of i/ie Commomneallk, 



INDEX 

TO RESOLVES PASSED AT THE JANUARY SESSION, 1814 



A. 

ACADEMY, Sandwich, time extended for locating a township 

ofland, - - - '391 

Adjutant General, a room in the State-House, appropriated for, 436 

: : rent of office and clerk-hire to be paid, 436 

: : to purchase a treatise on courts martial, &c. 437 

Agricultural Society, committee on accounts to allow certain 

accounts, - - - - 4H 

Alden, Judah, Treasurer to issue new notes to, - 415 

Alger A. & B. Leach, compensated for ejectment from an estate, 418 

Attorney General to discharge B. Walton and A. Swift, 385 

: grant to, - - . 422 

: to defend fieirs of Winslow Parker, 433 

B. 

Bacon, Henry, Assistant to the Messenger of the General Court, 

pay granted, ... 43$ 

Bank, New-England, report on memorial^ - 371 

: : papers respecting, delivered to the Go- 

vernor, to be communicated to the next Court, 443 

: Wiscasset, discharged from penalty, - 391 

Batchelder, Josiah, doings as administrator made valid, 419 

Baxter, Henry, and others, to be discharged from recognizan- 
ces, &c. - - - - 431 
Bos. Board of Health, to build a sea-wall at Rainsford's Island, 413. 
Brewer, Jonathan, of Worthington, allowed travel as a repre- 
sentative, - - - - 375 
Bradford, Daniel, of Keene, empowered to sell estate of minors, 435 
Bridge, Canal, proprietors may suspend making a second drawer, 441 
Brown, Moses, Treasurer to cancel a bond, - - 416 
Buffington, Zephaniah and others,authorized to exchange estate, 385 

C. 

Cahoon, Ebenezer, of Hardwick, allowed compensation for a 

wound and pensioned, - - - 37(j 

Chaplains of the General Court, pay granted, - 443 

Chase, Warren, Assistant to the Messenger of General Court, 

extra pay granted, . - _ 439 

Clerksof the General Court, pay granted, - - 449 

College, Williams, farther time granted to locate a township, 41i 
17 



INDEX 

Committee on accounts to allow certain accounts of the Agri- 
cultural Society, - 411 
t pay jjranfed, - - 442 
; KdHNo.TO, - - 4M 
Committee, to repair the walk in front of the State-House, 441 
Council and General Court, pay established, - 378 
Counties, several, taxes granted, - • 386 — 422 

D. 

Davies, Ann S. time io settle townships extended, ■• 427 

Davis, Isaac P. and others, consideration of the subject of a dam 

referred, - • - • 441 

Demming, Absolom, of Washington, allowed travel as a le- 

presentative, • - - - 375 

Dodd, William, allowed further time to settle families of No 6, 414 

E. 

Election Sermon, S50 io be paid to the preacher of, 448 

Ellsworth, pay granted for supplies to troops at Castine goal, 389 
: : : : : Mount Desert, 389 

Emerson, Dearborn, discharged from recognizance, 384 

JEssex, tax granted, - - - - 431 

F. 

Fairfield, doing made valid, - - • 383 

Falmouth, resolve on application for military aid, 450 
Flagg, Barnabas, of Barre, dischar. from recognizance & prison, 382 

Fox, Daniel, Saniuel Titcomb authorized to survey land, 421 

Francis, Joseph, Page of the House, pay granted, 338 

Frost, William, and J. Farnum, allowance to as witnesses in 

the case of Justice Keeler, - - - 417 

G. 

Garland, Benj. of Bangor, allowed compensation for a wound, 370 
G arland and Exeter, pay granted for supplies to troops at 

Eastport, .... 388 

Governor, his speech, - - - 345 

s Answer to th^' House, - - - 351 

Senate, - - 356 

: requested to forward to the President of the United ' 

States, the evidence of the unjust seizure and detention 
of money belonging to the JNcvv-England Bank, &c, 373 
: pa[jers respecting money of N. E. Bank, delivered 

to, to be communicated at the next General Court, 443 

; requested io furnish guns, &c. to towns in danger of 

invasion, .... 450 

: : to accept the services of corps and indi- 

vidual volunteers, - - - 450 

H. 

|lallowell, Robert, and John Lowell, allowed further time to 

§eltle two townships, - r - 445 



INDEX 

Havlem, doings confirmed, . - i . 369 

.Hatfield, Doctor Hastings empowered to renew contract with Josiah 

Gillet, of 100 acres of land, - . - - 384 

Herrick, Ephraim, to exhibit his account to committee on accounts, 374 
Herrick, John, pay allowed for assistance in establishing the boundary 

of the Peiipscot claim, - - - - 413 

J. 
Jatiaeson, Samuel, grant for expense in suit to recover land sold by 

the Commonwealth's Agent to C Jameson, - - 433 

Jenkins, John, balance due on the publication of his art of writing 

granted, - - - - - - 41 1 

Indians, Penobscot, Agent authorized to lease lands, - 445 

: Plymouth, power of guardians defined, - - 412 

: Hassanamisco, former guardian discharged, and new ap- 
pointment, -.---- 434 

Irish, Brigadier-General, compensation granted for services, 424 

K. 
Kuhn, Jacob, Messenger to the General Court, grant to, 440 

L. 
Lapham, Silvanus, Assistant to the Messenger of the General Court, 

extra pay granted, - - - - - 439 

Laws, Secretary to purchase 100 sets of general, - - S6T 

: Colony and Province, Sec payment for planting, &c. provided, 440 

Lebanon, Congregational Parish to be warned to meet, - 4 1 f 

Lewiston, doings made valid, ----- 368 

Lithgow, James N. and others, doings of Commissioners for dividing 

a tract of land in Dresden, confirmed, - - 429 

Lock, Ward, Assistant to the Messenger of the Governor and Coun- 
cil, pay granted, ------ 449 

Low, John, Jun. : : General Court, do. 442 

M. 
March, Ebenezer, land confirmed to legatees of B. Greenleaf, 389 

Meagher, Richard, permitted to locate 500 acres of land, - 369 

Metcalf, Theron, Reporter of contested elections, pay granted, 449 

Militia, stationed at Portland, pay allowed for supplies. Sec. - 378 

do do do and for do. - - 379 

for protection of the gaol in Castine, pay granted, - 388 

Captain Farnum's company do do. - - 42 1 

Detachment for defence of Mount Desert, do. - 389 

Capt. George and officers, allov/ed for expences in returning 
from Eastport, - - - - - 418 

Capt. George, gratuity to his company, - - - 366 

Garland and Exeter, pay granted lor supplies, - - 388 

Capt. Hunnewell and company, for services at Wiscasset, 
paygranted, ----- 420 

Captains Erskine and company, for do do do 432 

Brigadier General Irish, compensation for services granted, 424 
Major Whitney, tlo do do 374 

Muzzy, William and others, discharged from a note of hand, 366 

N. 
Nash, Jonathan, L. Lewis to ascertain land taken from J. Bridgham, 

by the running the head line of the Pejipscot claim, 425 

P. 

?arker,Je3scj Att'y General, to defend the heirs of Winsl