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

RESOLVES 

OF 

THE GENERAL COURT 

OF THE 

Commontoealtl) of iHa^^'acl^u^ett^. 

PASSED AT THE SEVERAL SESSIONS 

OF THE 

GENEBAZi COVBV, 

tOMMENCING MAY 1819, AXD ENDING FEBRUARY 21, 1834. 



Published agreeably to a Resolve of I6th January, 1812. 




BOSTON. 

PRINTED BY TRUE AND GREENE, PRINTER TO THE STATE. 
1824. 



RESOLVES 



OF THE 



GENERAL COURT 



OF THE 



Commontoealtj^ of 4Hla^.^aclju^ett^, 

PASSED AT THEIR SESSION,^ 

WHICH COMMENCED ON THE TWENTY SIXTH OF MAY, AND ENDED 

THE NINEFEENTH OF JUNE, ONE THOUSAND EIGHT HUNDRED 

AND NINETEEN. 



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




BOSTON : 
PRINTED BY RUSSELL & GARDNER, FOR BENJAMIN RUSSELL, 

rWHTEn TO THE STATE. 

1819. 



CIVIL GOVERNMENT 

or THE 

COMMONWEALTH OF MASSACHUSETTS; 

FOR THE POLITICAL YEAR 1819.. ..20. 



HIS EXCELLENCY 

JOHN BROOKS, ESQUIRE, 

GOVERNOR. 

HIS HONOR 

WILLIAM PHILLIPS, ESQUIRE, 

LIEUTENANT GOVERNOR. 



COUNCIL. 
HON. BENJAMIN PICKMAN. 



(( 



NAHUM MITCHELL, 
" SAMUEL CROCKER, 

S\MUEL P. P. FAY, 
" JAMES BRIDGE, 
« EZRA STARKWEATHER, 
« SILAS HOLMAN, 
'' RICHARD SULLIVAN, 
" BARRETT POTTER. 



ALDEN BRADFORD, ESQUIRE, 

SECRETARY OF THE COMMONWEALTH. 

HONORABLE DANIEL SARGENT, 

TREASURER OF THE COMMONWEALTH. 



SENATE. 



HON. JOHN PHILLIPS, 

PRESIDENT. 

COUNTY OF SUFFOLK. 

Hon. John Phillips, Hon. Artem»^s Ward, 

Josiah Quiney, Andrew Ritchie, 

Jonathan Hunewell, Benjamin Gorham. 

COUNTY OF ESSEX. 

Hon. Israel Bartlett^ Hon. Ralph H. French, 

Leverett Saltoustall, Samuel Adams. 

William B. Banister, 

COUNTY OF MIDDLESEX. 

Hon, Joseph B. Varnum, Hon. Leonard M. Parker. 
John Hart, 

COUNTY OF PLYMOUTH 

Hon. Aaron Hobart, Hon. Ebenezer Gay. 

COUNTY OF BARNSTABLE, DUKES' COUNTY 
AND NANTUCKET. 

Hon. Solomon Freeman. 

COUNTY OF BRISTOL, 

Hon. Jaines Howland, Hon. John M. Williams. 

COUNTY OF BERKSHIRE. 

Hon. Caleb Hyde, Hon. Phineas Allen, 



SENATE. 9 

HAMPSHIRE, HAMPDEN AND FRANKLIN. 

Hon. Eliha Hoyt, Hon. Thomas Longley, 

Jonathan H. Lyman, Jonathan D wight, Jun. 

LINCOLN, HANCOCK AND WASHINGTON. 

Hon. James Campbell, Hon. William D.Williamson. 

William King, 

COUNTY OF KENNEBEC. 

Hon. John Chandler. 

COUNTY OF NORFOLK. 

Hon. John Endicott, Hon. Benjamin Reynolds. 

COUNTY OF WORCESTER. 

Hon. Stephen P, Gardner, Hon. Samuel Eastman, 
Aaron Tufts, Lewis Bigelow. 

COUNTY OF YORK. 

Hon. William Moody. Hon. Alexander Rice. 

COUNTY OF CUMBERLAND. 
Hon. Mark Harris, Hon. James Irish. 

OXFORD AND SOMERSET. 

Hon. John Moor. 



SAMUEL F. McCLEARY, Esq. Clerk. 
JOHN FARRIE, Jun. Esq. Assistant Clerk. 
llEV. JOHN G. PALFREY, Chaplain. 



HOUSE OP REPRESENTATIVES. 



HON. TIMOTHY BIGELOW9 

SPEAKER. 

COUNTY OF SUFFOLK. 

Boston, William Sullivan, 

Benjamin Russell, 
Israel Thorndike, 
Benjamin Whitman, 
Charles Davis, 
Joseph Coolidge, Junior, 
Daniel Messinger, 
Jonathan Whitney, 
Barzillia Holmes, 
Peter O. Thacher, 
William Sturgis, 
Josiah Marshall, 
John French, 
Jonathan Loring, 
Joseph W. Revere, 
Benjamin Smith, 
Benjamin Rand, 
Francis Basset, 
John Cotton, 
Enoch Silsby, 
Peter C. Brooks, 
George Bond, 
James Perkins, 
Bryant P. Tilden, 
Nathan Hale, 
Thomas Motley, 
Samuel Dorr, 



HOUSE OF REPRESENTATIVES. 





Joseph Levering, 




Augustus Peabody, 




John Knapp, 




Joseph Sewall, 




George W. Otis, 




Henry Purkitt, 




Phineas Upham, 




Jonathan Phillips, 




Samuel Appleton, 




Thomas Jackson, 




Edmund Winchester, 


X 


Hem&n Lincoln> 




Francis Welch, 




Thomas Parsons, 




Joseph Austin, 




Elijah Morse, 




William Jackson, 




Benjamin M. Watson. 


Chelsea. 






ESSEX. 


Salem, 


' Samuel Endicott, 




John Forrester, 




Benjamin Merrill, 




Charles Saunders, 




Joseph Eveleth, 




EdAvard Lander, 


Ipswichf 


John Choate, 


JSTewhunjy 


Silas Little, 




Moses Little, 


Lynn, 


Ezra Mudge, 


Gloucester, 


William W. Parrott, 


Rowley, 


Joshua Jewett, 




Thomas Grage, 


Salisbury, 


Ephraim Morrill, 


Wenham, 





HOUSE OF REPRESENTATIVES. 



Manchester p 

Haverhill^ 

Andover, 

Marblfihead, 

Topsjield, 

Ameshuvyy 

Beverly f 

JBradford, 

Boxford, 

Methuen, 

MiddletoU) 

DanverSf 



J\rewburyporty 



Lynnjield, 

Hamilton^ 

Saugus, 

ParsonSf 

Essex, 



Charles White, 
John Kneel and, 
John Hooper, 

Thomas Hoit, Junior, 
Thomas Davis, 
Robert Rantoul, 
Jesse Kimball, Junior, 
Moses Dorraan, 
Benjamin Osgood, 
David Fuller, 
Nathan Felton, 
Dennison Wallis, 
Daniel Putnam, 
Thomas Putnam, 
Ebenezer Mosely, 
Stephen Howard, 
Abner Wood, 
George Jenkins, 
Edward S. Rand, 
Stephen W, Marston, 



Daniel Emery, 
George Choate. 



Charlestowrif 



MIDDLESEX. 



Timothy Thompson, Janior; 
Philemon R. Russell, 
Thomas Harris, 
Richard Devens, 
John H. Brown, 
Peter Tufts, 



HOUSE OF REPRESENTATIVES. 



Wafertowrif 


Levi Thaxter, 


Medford, 


Dudley Hall, 




Timothy Bigelow, 


Cambridge^ 


James P. Chaplin, 




Richard H. Dana, 


Concord, 


Thomas Wheeler, 


Sudburijf 


Isaac Gibbs, 


Woburrif 


John Wade, 


Reading, 


Daniel Flint, 




Edmund Parker, 


Maiden, 


Nathan Nichols, 


Chelmsford, 




Billerica, 


Josiah Crosby, 


Groton, 


Luther Lawrence, 


Marlborough, 


Joel Cranston, 


Dunstable, 




Sherburne, 


John Bnllard, 


Stow and Boxborough^ 


Augustus Tower, 


Newton, 


Joseph Jackson, ^ 


Framingham, 


John Trowbridge, 


Dracut, 




Weston, 


George W. Smith, 


Lexington, 




Littleton, 


Jonathan Manning, 


Hopkinton, 




Holliston, 




Stoneham, 




Westford, 




Bedford, 




Wilmington^ 




Townsend, 


Aaron Warren, 


Tewksbury^ 


Jesse Trull, 


Acton, 




Waltham, 




Shirley, 




Pepperell, 


Nehemiah Jewett, 


S 





10 HOUSE OF BEPRESENTATIVEB. 



Lincoln, 




^ahby, 




East Sudbury, 


Micah M. Rutter, 


JSTaticJc, 




Tyngsboroughj 




Burlington, 


- 


Carlisle, 




Brighton, 


Nathaniel Champney. 


Wpst Cambridge, 


Thomas Russell. 


South Reading, 




\ 


YORK. 


TorJc, 


Cotton Chase, 




Elihu Bragdon, 


Eittery, 


Joshua T. Chase, 




Mark Dennet, 


Wells, 


Nahum Morrill, 




Joseph Gilinan, 




Elijah Curtis, 


Berwick, 


T\ illiam llobbs, 


Biddefordf 


Samuel Merrill, 




Reuben U. Greene^ 


Srundel, 


Joseph Perkins, 




Smith Bradbury, 


Saco, 


Ether Shepley, 




George Scammon, 




Benjamin Pike, 


Lebanon, 




Sanfoid, 


Elisha Allen, 


Buxton, 


Joseph Woodman, Junior, 




Samuel Merrill, 




William Merrill, 


Lyman, 


John Low, 


Shapleigh, 


John Bui dwell, 


Parsonfield, 




Waterboroughf 





HOUSE OF REPRESENTATIVES. 



11 



Limwgtin, 




JV'eicfieldf 


Gamaliel E. Smith, 


Corvishy 




Alfred, 




Elliot, 


Jolin Hammond, 


Hollis, 


John Deiinet, 




John Smith. 


South Berwick, 






HAMPSHIRE. 


J\rorthampto7i^ 


Elijah H. Mills, 




Ebenezer Hunt, Junior, 




Oliver Warner, 


Hadley, 


Samuel Porter, 


Hatfield, 




JPelham, 


Isaac Abererombie, 


Southampton, 


Asahel Chapman, 


South Hadley, 




Greenwich, 


Laban Marcy, 


Amherst, 


Noah Webster, 


Belchertown, 


Philo Dickenson, 


Ware, 




Chesterfield, 




Granby, 


David Smith, 


Worthington, 


Jonathan Brewster, 


Williamsburg, 


Joseph Bodman, 


JSTurwich, 




Cummington, 


Robert Dawes, 


Westhampton, 


Willard Smith, • 


Goshen, 




Middlefield, 


Ebenezer Emmons, 


Plainfield, 


Cyrus Joy, 


EasthamptoUf 


Ahira Lyman. 


Enfield* 


- 



13 



HOUSE OF REPRESBNTATtVKS. 



Plymouth, 



Hingham, 

Scituatef 

Duxhurtj, 

Marshfieldf 

null, 

Bridgewater, 

Middleborough, 

Mochester, 

Plympton, 

Pembroke, 

JLbington, 

Kingston, 

Hanover, 

Halifax, 

Wareham, 

Carver, 



Taunton, 

Rehoboth, 

Dartmouth, 

Swanzey, 

Freetoivn, 

dttleborough, 

JSTorton, 

Dighton, 

Eastown, 

Haynham, 

Berkley, 

Mansfieli, 



PLYMOUTH. 

William Jackson, 
Josiah Uobbins, 
William P. Ripley, 
Charles Whiting, 
Gideon Holbrook, 
Jedediah Lincoln, 
Charles Turner, 

Elisha Phillips, 

Daniel Howard, 
Thomas Weston, 
Charles J. Holmes, 
Jonathan Parker, Junior, 



John Thomas, 
Robert Eells, 
Nathaniel Morton. 



BRISTOL. 



William Reed, 
David Perry, 
Joseph Gifford? 
Daniel Hale, 



John Gilmore, Junior, 
ApoUos Tobey, 



HOUSE OF REPRESENTATIVES. 13 

J\/*ew Bedford, 



Westportf 

Sumersetf 

Troy, 

Fairhaverif 

Seekonk, 

W ellington. 

Barnstable, 

Sandwich, 

Varmouth, 

Eastham, 

Falmouth, 

Harwich, 

Truro, 

Chatham, 

Provincetown, 

Wellfleet, 

Dennis, 

Orleans, 

Bsrewster, 

Edgartown, 

Tisbury, 

Chilmark, 



JSTantucket, 



Lancaster, 
Mendon, 



Lemuel Williams, Junior, 
John Nye, 
Benjamin Lincoln, 
Cornelius Grinnell, Junior, 
Sylvester Brownell, 

Joseph E. Reed, 

George W. Walker. 

BARNSTABLE. 

Naler Crocker, 
Russell Freeman, 

Harding Knowles, 
Thomas Fish. 



DUKES' COUNTY. 



NANTUCKET. 

Jonathan J. Barney. 
WORCESTER. 

Benjamin Wyman, 
Daniel Thurber, 



i4 



HOUSE OP REPRESENTATIVES, 



Worcester^ 

Oxford, 

Jjeicester, 

liutlandf 

Sutton, 

JVestborou^h, 

Brookfieldy 

JJxbridge^ 

Southhorough, 

Shrewsbury, 

Lunenburghf 

Dudley, 

Harvard, 

Grafton, 

Upton, 

Utardwick, 

Bolton, 

Sturbridge, 

Hold en, 

Leominster, 

Western, 

Douglas, 

JSTew Braintree, 

Spencer, 

Petersham, 

Charlton, 

Templeton, 

Athol, 

Oakham, 

Fitchbargh, 

Winchendonf 

PaxtoUp 



Abraham Lincoln, 
Abijah Davis, 
Juhn King, 

Jonas Sibley, 

Simeon Draper, 
Seth Field, 
Samuel Read, 
Daniel Carpenter, 

Nathan Howe, 



Ezra Wood, 
Timothy Paige, 
Silas Holman, 

Ebenezer Estabrook, 
Joel Crosby, 
Bezaleel Lawrence, 
Harvey Sessions, 

Samuel Mixter, Junior, 

Hutchins Hapgood, 
Ephraim Willard, 
Isaiali Rider, 
Ephraim Stone, 



HOUSE 0¥ REPRESENTATIVES. 



15 



Hoyalston, 
Jiahburnhanif 
JSTorth borough f 
Kubbardston, 
Westminster^ 

Princeton^ 

JSTorthbridge, 

Barre, 

Ward, 

Milford, 

Sterlin^f 

Berlin, 

Gardner f 

Boylston, 

JDana, 

West BoyJston, 

JVorth Brookfieldp 

Milbury, 

Phillipston^ 

Southbridge, 



Scarborough, 

^orth Yarmouth^ 

Falmouth, 

Brunswick, 

Harp.'iwellf 

Windham, 

Gorham, 



Cape Elizabeth, 
^ew Gloucester^ 



Stephen Corey, 
James Keyes, 

James White, 
Edward Kendall^ 



Abijah Harding) 

Esek Greene, 
Samuel Sawyer, 
James Wilder, 
Amos Sawyer, 
William Whitney, 
Aaron White, 

Joseph Hinds^ 

Caleb Burbank, 
Joseph Knowlton, 
Gershom Plimpton. 



CUMBERLAND. 



Benjamin Larrabee, Junior, 
Benjamin Milliken, Junior, 
Calvin Stoekbridge, 
Peter Mc Knight, 
Joseph McKeen, 
Paul Raymond, 
Josiah Chute, 
Lathrop Lewis, 
Joseph Adams, 
Toppan Robie, 

Isaac Gross, 



i6 



HOUSE OF REPRESENTATIVES. 



Gray, 
Standishf 

Portland^ 



Fraeportf 

Durvhanif 

BridgtowU;^ 

Poland, 

Otisfield, 

Minot, 

Pejepscotf 

Baldwin, 

Raymondf 

Pownalf 

Westhrook, 

Harrison. 



Georgetown f 
JK'ew Castle, 
Tf oolwichy 
Wiscassety 

Bowdoinham, 

Topsham, 

Boothbay, 

Bristol, 

Waldoborough, 

Edgecombe, 



George Latham^ 
John Spring, 
Daniel Hasty, 
Phinehas Varnuui; 
Samuel Baker, 
Robert Ilsley, 
Katlian Kinsman, 
Charles Fox, 
Samuel Ayer, 



Josiah Dunn, 
GrinfiU Blake, 
George Ricker, 



Silas Estes, 
Thomas Slemons. 

LINCOLN. 

Benjamin Emmons, 

John R. Stinson, 
Erastus F'oote, 
Samuel E. Smith, 
Ebenezer Herriek, 
George Rogers, 

William Chamberlain, 
Benjamin Brown, 
Jacob Ludwig, Junior, 



HOUSE OF REPRESENTATIVES. 



17 



Warren, 
Thomaston^ 

Bath, 



Jesse Page, 
John Ruggles, 
Isaac Bernard, 
Joseph F. Wingate, 
Benjamin Ames, 
John B. S wanton, 



XJnion, 


Nathaniel Bachelor, 


BowdoiUf 


John Hall, 




Jonathan Puringtom 


JVobleborough, 


Albert Smith, 


Cushing, 




Camden, 


Edward Killeran, 




Nathaniel Martin, 


Dresden, 




Lewiston, 




Litchjield, 


David C. Burr, 




William Robinson, 3d, 


Lisbon, 




St. George, 


Elijah Hall, 


Hope, 




Palermo, 


Thomas Eastman, 


Montville, 


Cyrus Davis, 


Jefferson, 


William Allen, 


Friendship, 




Whitefield, 


David Crowell, 


Putnam, 




Mna, 




Phipsburg, 


Parker McCobb. 


Wales, 






BERKSHIRE. 


Sheffield, 


Jared Canfield, 


Stockbridge, 


Jared Curtis, 


J\rew Marlborough, 


Edward Stevens^ 


Egremont, 


Joel Crippen, 


Pittsfield, 


Orren Goodrich^ 



3 



18 HOUSE OF REPRESENTATIVES. 



Great Barrington, 
Sandisfieldy 

Southfield, 
Tyringham, 
Lanesborough, 
JV'eiii Ashford, 
Williamatuwn, '' 

Seckpff 
Richmond, 
Zipnox, 
Windsor, 
PerUf 
Jllfordf 
OHs, 

West Stockhridge, 
Hancock, 
Washington, 
Lee, 
JldamSy 

Mount Washington, 
Dalton, 
Cheshire, 
Savoy, 

Clarksburgh, 
Hinsdale, 
Florida, 



Belfast, 

Penobscot, 
Sedgwick, 
llesborough, 
Deer Isle, 



Reuben Bacon, 
Samuel Merrill, 
Joseph Sears, 



Nelieraiah Talcott, 

Daniel Noble, 
Samuel Kellogg, 
George Conant, 

Asher Sedgwick, 
Ephraim Baldwin, 
Thomas Frissell, 

Elijah Owen, 



Gershom Bassett, 
Isaac Brown, 

Henry Marsh, 
Ethan A. Rix. 



HANCOCK. 

Alfred Johnson, Junior, 
John S. Kimball, 
Charles Hutchius, 



Pearl Spofford, 
Hezekiah Rowell; 



HOUSE OF REPRESENTATIVES. 



49 



Blue Hillf 

Trenton f 

Sullivan f 

Gouldsboroiighf 

Mount Desert, 

Vinalhaveny 

Frankfortf 

BucJcsport, 

Prospect, 

Castine, 

JS^orthport, 

JtCden, 

Orland, 

JEllsworth, 

Lincolnville, 

Surrey, 

Bplmont, 

Searsmont, 

Brooks, 

Buckstown. 



Machias, 

Steuben, 

Columbia^ 

Addison, 

Harrington f 

Eastport, 

Jonesborough, 

Calais, 

Lubec, 

Hobinstown, 

Cherryfield, 

Ferry, 



Reuben Doclge^ 



Joshua Hall, 
Samuel M. Pond, 

Samuel Upton, 



John G. Deane, 
Ephraim Fletcher. 



WASHINGTON. 

John Dickenson, 



Jonathan Bartlett, 
John Burgin. 



HOUSE OF REPRESENTATIVES. 



Monroe, 
Mexico, 
JJennysvUhf 
Sivanville. 



Dorchester, 
Moxburyf 



NORFOLK. 



Weymouth, 

Dedham, 

Braintree, 

Medfield and Dover, 

Milton f 

Wrentham, 

DrooMine, 

J^eedham, 

Medway, 

Bellingham, 

JValpole, 

Stoughton, 

Sharon, 

Cohassei, 

Franklin, 

Foxhorough, 

Dover, 

Quincy, 

Randolph, 

CantoUf 



Hallowell, 



James Humphries, 
Sherman Leland, 
Abijah Draper, 
Lemuel Lebaron, 
Paul Gore, 
Isaac Davis^ 

William Ellis, 

Daniel Adams, 
John Ruggles, Junior, 
Jairus Ware, 
John Robinson, 



John Bates, 



Lewis Fisher, 

Thomas Greenleaf, 
Zenas French, 
Samuel Capen. 

KENNEBEC. 

Benjamin Dearborn, 
Samuel Moody, 



HOUSE OF REPRESENTATIVES. 



31 



JVinthrop^ 
T'assalburoughf 

WinsloWf 

PUtstofif 

Grcftie, 

Jieadjleldf 

Moumouthp 

Sydney f 

Mount Vernon f 
Farmington, 

JVew Sharon^ 

Clinton, 

Fayette, 

Belgrade} 

Harlem, 

viugUStUf 

Wayne, 

Leeds, 

Chestermlle, 

Vienna, 

Waterville, 

Gardiner, 

Temple, 

Wilton, 

Rome, 

Fairfax, 

Unity, 

Malta, 

Dearborn, 

Freedom^ 



Alexander Belcher, 
Samuel Redington, 
Joseph R. Abbot, 

Thomas Goss, 
Luther Robbins, 
Edward Fuller, 
Abraham Morrill, 
Oilman Moody, 
Amos Partridge, 
John R. Robinson, 
Nathan Cutler, 
Joseph Fairbanks, 
Nehemiah Smith, 
Herbert Moore, 

Samuel Titcomb, 
Joseph Stewart, 
Pitt Dillingham, 
Robert Howard, 
Joseph Lamson, 
fetillman Howard, 



Ebenezer Bacon, 
Abraham Smith, 
Jacob Davis, 
Stephen Jewett, 

John Tufts, 

Jonathan Winslow, 
Rufus Burnham, 
William Hilton, 

John Comings, 



23 



HOUSE OF REPRESENTATIVES. 



Joy, 




China, 


Japeth C. Washburn. 




OXFORD. 


Fryehurgf 


James W. Ripley, 


Turner, 


Philip Bradford, 


Hebron, 




Suckfield, 




Paris, 


Renjamin Chandler, 


Jay, 


James Starr, Junior, 


Livermore, 


Israel Washburn, 


Sethel, 


Moses Mason, Junior, 


Waterford, 


^Eber Rice, 


Norway, 




Hartford, 


Daniel Hutchinson, 


Sumner, 




JRumford, 


Peter C. Virgin, 


Ztovellf 




Brownjleld, 


James Steele, 


Mbany, 




Biarfield, 




East Andover, 




Gilead, 




JSTewry, 




Denmark^ 


Elias Berry, 


Porter, 




Hiram, 


Marshall Spring. 


Woodstock, 




Greenwood, 




Sweeden, 




Weld. 




: 


SOMERSET. 


Canaan, 




Fairfield, 


William Bryant, 


J^Torridgwockf 


Josiah Spaulding, 



HOUSE OF REPRESENTATIVES. 



Starks, 

Cornville, 

Anson, 

Strong, 

Avon, 

J\rew Vineyardf 

Harmony, 

Industry, 

Athens, 

Madison, 

Emden, 

Mercer, 

Palmyra, 

Frepman, 

JVew Portland^ 

Solon, 

Bingham, 

Phillips, 

St. Albans, 

Kingsfield, 

Moscow, 

JSTorth Hill, 

Corinna, 

llipley, 

Bloomfield, 



Deerfield, 

^orthfield, 

Sunderland, 

Greenfield, 

JSTew Salem, 

Montague, 

Colraine, 

Shutesbury, 



James Mantor, 



James Davis, 



Brooks Dascomb. 

FRANKLIN. 

Asa Stebbins, 
Orland Ware, 

Nathaniel Smith, 
Solomon Sraead, 
Varney Pearce, 

Robert L. McClallen, 



g4 



HOUSE OF KEPRESENTATIVES. 



BernardstoTif 




Warwick, 




Sshfield, 




Charlemontf 


Asahel Judd, 


Conway, 


Joel Parsons, 


Shelburnef 


William Wells, 


Whately, 




Leverett, 




Back'avd, 




Wendell, 


^ 


Orange, 


Josiah Cobb. 


Mowe, 




Heath, 




Hawley, 




Gill, 




Ley den. 






HAMPDEN. 


Springfield, 


Jacob Bliss, 


Westfield, 




Srimfield, 


Stephen Pynchott, 


Blandford, 


Abner Gibbs, 


Palmer, 




Granville, 


James Cooley, 




Reuben Hills, 


Monson, 


Heodatus Dutton, 


South Brimfield and Holland, Timothy Fenton, 


Wilbraham, 




Chester, 




Southwick, 


Gideon Stiles, 


West Springfield, 


Jonathan Smith, 


Ludlow, 




Montgomery, 




Longmeadow, 


Joseph W. Cooley, 


Mussell, 




Tolland, 





HOUSE OF REPRESENTATIVES. 



S^ 



PENOBSCOT. 



Hampden, 

Orrington, 

Bangor f 

OronOf 

JHxmont, 

Brewer, 

Eddington, 

C arm el, 

Corinth, 

Exeter, 

Garland, 

JK*ew Charlestoivn, 

Foxcroft, 

Sehec, 

Herman, 

Levant, 

JVewport, 

Sangerville, 

Dexter, 

Guilford, 



Simeon Stetson, 
Benjamin N curse, 
William Emerson. 



BENJAMIN POLLARD, Esq. Clerk. 
HENRY CODMAN, Esq. Assistant Cleric. 
Rev. WILLIAM JENKS, Chaplain. 



JACOB KUHN, Messenger to the General Court. 
JOHN VAUGHAN LOW, Assistant Jlessenger. 
JOSEPH FRANCIS, Pai^e to the flmise. 



RESOLVES 

OF THE 

GENERAL COURT OF MASSACHUSETTS, 

PASSED AT THEIR SESSION, 

>VHICH commenced on WEDNESDAY, THE TWENTY-SIXTH OF MAY, AND ENDE'D 
ON THE NINETEENTH OF JUNE, ONE THOUSAND EIGHT HUNDRED 
AND NINETEEN. 



GOVERNOR'S SPEECH. 



REPRESENTATIVES' CHAMBER, JUNE 1st, 1819. 

The two Housps being in Convention, His Excellency the 
Governor came in, accompanied by the Council^ and the 
PubHc Officers of the State, and delivered the folloicing 

SPEECH. 

(jentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

IN assuming the several stations which have been as- 
signed to us by the suffrages of our fellow citizens, we arc 
led to recognize the goodness of Divine Providence, in con- 
ferring on the people of this Commonwealth, the blessings 
of peace and plenty, of general health, of good order, and 
of a free government. Feeling, as I presume we all do, 
a just sense of the importance of the trusts committed to 
our care, and of the obligations we are under, to see, no€ 
only that the republic receive no detriment, but that its best 
interests are promoted, we may safely engage in the dis- 
charge of our respective duties. 



S8 GOVERNOR'S SPEECH. 

Our constitution is virtually and essentially in the hands, 
and at the disposal of the people. This is not merely the 
language of our con«ititution ; it is a doctrine that lies at the 
foundation of republicanism. And the conservation of our 
liberties, as defined in our great social compact, is intimately 
connected with the intelligence and virtue of the people. 
But mau is bi)rn neither wise nor good. Knowledge and 
virtue result from instruction, and discipline and eft<»rt. 
The senses of the human kind, early and eagerly seek their 
appropriate objects of gratification. The passions, easily 
excited in childhood and youth, are prone to, and grow 
stronger with excessive indulgence ; while the powers of 
reason, necessarily associated with experience, in their pro- 
gress to maturity, are slow and late in being fully developed. 
Hence the danger of habits being formed, injurious to so- 
ciety, and destructive of individual happiness. Hence the 
usefulness aud importance of early tuition ; and hence, like- 
wise, the interest which the public has in providing means 
for cultivating the minds, and forming the manners of youth. 
Agreeably to these sentiments, the constitution enjoins it as 
a duty on the Legislature and Magistrates, in all future 
periods of the Commonwealth, to cherish the interests of 
literature and the sciences, public schools and grammar 
schools in the towns. Should the existing laws be found 
insufficient to provide for the primary education of children, 
especially of destitute orphans, and the children of the poor 
and necessitous, prerequisite to their admission into gram- 
mar schools, the deficiency has strong claims to the consid- 
eration of the Legislature. Our venerated forefathers ren- 
dered their memories imperishable by their care and solici- 
tude in the cause of learning ; and experience, instead of 
discrediting their literary institutions, has served to height- 
en their value. 

In casting our eyes across the atlantic, which for instruc- 
tion may be admissible, we see exhibited in the most dis- 
gusting forms, the deplorable effects of ignorance and yice. 
Pauperism, in some of the European States, we are inform- 
ed, has become so extensive and overwhelming, as to occa- 
sion, in many corporations, an enormous and almost insup- 
portable demand upon individual income, for the mainte- 
nance of the poor. Crimes, in the same states, almost with- 
out number; and of every grade of turpitude, are at the same 



GOVERNOR'S SPEECH. 29 

time disturbing the repose of private life, nenacing the pub- 
lic peace, and mocking the most severe expressions of pub- 
lic vengeance. 

On the subject of punishment, however, most of the gov- 
ernments in Christendom have come to a pause. I'he fre- 
quent repetition of crimes, in defiance of the most appal- 
ling and sanguinary punishments, has shaken a confidence 
in their efficacy, which custom and prejudice had so long 
and obstinately maintained. And the practicability of pre- 
venting crimes, and reforming offenders by the force of ear- 
ly education and the influence of moral and religious mo- 
tives, is gaining credibility and advocates. 

Although Massachusetts has been distinguished for her 
zealous efforts to rear her children to habits of order, of 
usefulness, and virtue, we have too much reason to regret 
the existence of vice, and the perpetration of crime. But 
on due examination, it will be generally found, that the 
latter have been committed by those who were not natives ; 
or, if natives, by such as had neglected, or been denied the 
advantages of early training and instruction. It is believed, 
that the idea of producing a virtuous and happy state of 
society, by the influence of early education and discipline^ 
on the great body of the people, has never been so distinctly 
conceived, nor urged with so much force and effect, as in 
this country. But changes await us ; and we shall do well 
to endeavor to catch a portion of that spirit of prudence 
and foresight, for which our ancestors were distinguished, 
by adapting the means of literary improvement to the state 
of society, and detecting the bearings of present circum- 
stances on the interests of future times. It is not unreason- 
able to expect, that, among other caoses, an increase of our 
population, of our commerce, and of large manufacturing 
establishments, will, as in all other countries, multiply the 
causes of moral deterioration. If there be just ground for 
these apprehensions, additional measures of precaution 
cannot be too speedily devised. 

On this occasion, I would present to your notice the 
great Penitentiary of the Commonwealth, at Charlestown. 
I have been recently furnished with a summary, but very 
satisfactory, report of the present condition of that institution. 
It must be gratifying to you, as it has been to me, to re- 
ceive assurances of the salutary effects of the act of Feb- 



30 GOVERNOR'S SPEECH. 

urary, one thousand eight hundred and eighteen, for clas- 
sifyi'ng the convicts, and other purposes, on their temper 
and behavior, liesides the prevalence of good order, the 
expense of the institution has become less onerous to the 
State. The mild treatment observed towards the unhap- 
py convicts, in that prison, their wholesome sustenance, 
the great attention paid to their health and cleanliness, 
the means furnished to the younger part of them for being 
taui^ht to read and write, and to all of them for religious 
worship and moral instruction, seem to be well calcula- 
ted to operate on ingenuous minds and lead them to per- 
manent reformation. The report of the Directors will be 
laid before you by the Secretary. 

In the month of October last, the Board of Visitors of 
the Massachusetts General Hospital, examined the condition 
of the Hospital for the Insane, at Charlestown. And it 
gives me great pleasure to be able to state, that an inspec- 
tion of that establishment, afforded the visitors the most 
entire satisfaction. The local situation and general ar- 
rangements of it, appear to be perfectly adapted to the na- 
ture, and the exigencies of such an institution. The manner 
in which the two buildings designed for the accommodation 
of the insane, one for males, and the other for females, are 
constructed, is judiciously contrived, to ensure the safety 
and comfort of the afflicted patients. And the concerns of 
the establishment, generally, are so administered, as to fulfil 
the benevolent intentions of the Legislature, in founding an 
institution so interesting to humanity, in modes, the most 
simple, economical and efficacious. It may be satisfactory 
to you, gentlemen, to kown that the consulting and visiting 
physicians, comprising some of the most eminent of the 
profession, in the State, have examined the institution, and 
given it their unqualified praise, as affording the best hopes 
of alleviation and cure for the afflicted subjects of mental 
disease. I cordially recommend the institution to your 
fostering care ; and shall cheerfully concur with you in any 
measures calculated to lighten the evils of suffering humanity, 
or to promote the general prosperity and happiness of the 
Commonwealth. 

JOHN BROOKS. 



ANSWER OF THE SENATE. 



May it 'please your Excellency, 

THE Senate of Massachusetts, assembled ia obedience 
to the voice of the people and the eonstitiition, to perforin 
its part in the oflRce of a free government, is bound first to 
offer its acknowledgments to the author of all our privi- 
leges. Under the impression of this sentiment, we recog- 
nize our duty to devote all our powers to the good of the 
community, in the enactment of such laws as shall be most 
conducive to their security, liberty and happiness. 

We concur with your Excellency, in acknowledging the 
supreme authority of the people. The constitution was 
formed for their benefit ; and the duty of legislators is 
merely to perform their will. It is for them to determine 
the character of their laws and institutions, and decide their 
oWn political destiny. But it is a truth, not to be forgotten, 
that political rights have little value, unless accompanied 
by intelligence and virtue. These form the ornament and 
defence of republican institutions; and legislators are obliged, 
not merely to enact such ordinances as shall guard the 
persons and property of their constitutents, but to foster and 
preserve the institutions calculated to diffuse useful knowl- 
edge and correct principles ; our schools, colleges and 
churches. 

The laws derive their force, not from the impulse of any 
physical power. The Legislature of a republic is not sur- 
rounded by arms. The judicary which commands universal 
submission to its decisions, from the powerful, as well as 
the weak, has no energy, but what is derived from the sense 
of justice which resides in the breasts of the people. The 
force of a republican government, the only one compatible 
with freedom, is, therefore, a moral force. And, as the 
laws have their origin in the will of the people, so they are 
carried into execution, principally, by the sentiment known 
to prevail in favor of virtue, order and good government. 
A constitution which requires the support of an armed force, 



32 ANSWER OF THE BENATE. 

is either defective itself, or supposes debasement in a con- 
siderable part of those subjeeied to it. It either does not 
possess the confidence and attachment of the people, as the 
security of their rights, or the people do not justly appre- 
ciate those rights. It, therefore, becomes a free Common- 
wealth, to recollect that, as they value their liberties and 
immunities, public opinion, the source and guide of political 
power, should be founded on public virtue and intelligence. 

Impressed with these considerations, our ancestors made 
early regulations for the establishment of schools in every 
part of the Commonwealth, for the instruction of the poor^ 
as well as the affluent ; thus encouraging the humblest in- 
dividual, with the conviction that he was an object of inter- 
est to the communitj^, and teaching him that, as his faculties 
bad been developed under the public care, it was his diity 
to repay the service rendered him, by contributing to the 
support of similar institutions. These means of informa- 
tion, united with the public and universal observance of re- 
ligious worship, so established by law, as not to encroach 
on the rights of conscience, have formed the glory of Mas- 
sachusetts and of New England. It was a liberal and en- 
lightened policy, and did the greater honor to our ances- 
tors, because it was not borrowed from the age in which 
they lived, nor of former ages, but was suggested by 
their patriotism and reflection. The long experience we 
have had of the advantages of this system of education, 
ought to protect it from any encroachment; particularly 
when we consider, that it has received the commendation 
of other States in the Union, and will, we trust, be adopted 
in them all. Nor ought we to allow advantages so valua- 
ble, to yield to the unfavorable influence apprehended from 
the increase of our population, commerce and wealth, It 
becomes the Legislature, therefore, to be vigilant, lest the 
causes of moral deterioration, which have accompanied the 
progress of refinement, and the establishment of large man- 
ufactories in other countries^ should gain admission withiQ 
this Commonwealth. 

The depravity to which idleness and ignorance have, in 
some foreign states, reduced a large portion of the lowest 
classes of the people, evince the value of the principles 
that have, in a great degree, preserved us from a like hu- 
miliation. It is a source of satisfaction to learn that suc- 
cessful efforts are there making? to diminish the mass of 



ANSWER OF THE SENATE. 33 

pauperism and vice. Charity schools, founded on ne^y 
and enlarged modes of instruction, have brought down the 
elements of education within the reach of multitudes of men- 
dicants ; and their operation has been so efficacious, as to 
reclaim a neglected populace from the w aste of ignorance 
and crime, and to lead to the manufactory and the field, 
those who would otherwise become tenants of the prison. 
Any improvement in our system of education, which may 
extend its iniiuence still further, will meet with the appro- 
bation of the Senate. 

We are happy to learn from your Excellency, that, by 
the ado[ttinn of new measures in the State Prison, its de- 
sign in promoting the reformation of offenders is better ac- 
complished. It is certainly worthy of the philanthropist 
and statesman, to dispense, as far as possible, with the use 
of severe and sanguinary laws. Experience has proved, 
that it is not by the multiplication of capital punishments, 
that crimes ave to be lessened ; but that, on the contrary, 
the humanity of juries sometimes intcr]T(Jses to prevent the 
conviction of offender;*, who would suffer too se\erely, and 
if convicted, the feelings of the people revolt against the 
frequent exposure of victims to public execution. ( ur 
criminal code has never been cruel. But it will h& a tri- 
umph of humanity, if the penitentiary system can be so im- 
proved, as to accomplish more effectually than corporal 
punishment, the prevention of crimes, and at the same time 
promote the reformation of the guilty. 

It is gratifying to the Senate, to be informed by your Ex- 
cellency, of the completion of the Hospital for the Insane ; 
and to learn, that this unhappy part of our race have, at 
length, an asjlum, where humane and skilful guardians 
and attendants devote themselves to their restoration to 
tranquillity and reason. Its Trustees, together with the 
visiting and consulting physicians, who have contributed so 
much to the accomplishment of this charitable design, merit 
the gratitude of the community. What has been reared 
under their care, will not be abandoned by the guardians 
of flie State. The same feelings of humanity r-nd regard 
to the public good, which at first inspired the purpose of 
establishing the General Hospital, will not allow the Le* 
gislature to withhold its patronage, before the original de- 
sign, conducted with skill and economy, shall be properly 
eompleted, 

5 



ANSWER 



HOUSE OF REPRESENTATIVES. 



May it please your Excellency, 

IN meeting your Excellency, on your reelection to 
the oflRce of Chief Magistrate of the Commonwealth, and 
uniting with the other branches of the government, in delibe- 
rations on the means of promoting the public prosperity, the 
Hjuse of Representatives most sincerely concur with your 
Excellency in acknowledging the goodness of that Almighty 
Being, from whom are primarily derived all the blessings 
of peace, plenty, general health, good order, and freedom. 
And it is with great satisfaction, that we see a gentleman, 
whose patriotism and valor, in early life, contributed to 
defend the rights, and establish the independence of his 
country, called, by his fellow citizens, to preside over the 
administration of the laws, in this Commonwealth ; and by 
the influence of venerable years and mature experience, 
recommending the cultivation of those virtues, and the 
encouragement of those institutions, which are adapted to 
give stability to republican government ; to secure the 
rights, and elevate the character of freemen. Duly appre- 
ciating the importance of the privileges which the people of 
this Commonwealth enjoy, under the Constitution of the 
State, and of the United States, we cannot be insensible to 
the high responsibility resting on us, to exert our best 
endeavors to guard the interests of the State, and to advance 
the prosperity of its citizens. 

We rejoice that the people of this Commonwealth have 
Ijad the opportunity to form, and have now the happiness 
to enjoy, a republican constitution of government. We 
rejoice that man, doomed, in former ages, and in other 
countries, to be the victim of conquest and vassalage, has, 
in this part of the globe, resumed his natural rights, and 



ANSWER OF THE HOUSE. 35 

vindicated his claim to govern himself. We admire the 
fortitude, the patience and the sufferings of our venerable 
ancestors, who selected, settled and defended this seques- 
tered continent, as a secure retreat from the evils of the 
European world ; no less than we reverence the intelligence, 
the virtue, and the piety, from which we have derived 
institutions and systems of laws, probably more nearly 
perfect than any which have before fallen to the lot of man. 
But we perfectly accord in sentiment with your Excellency, 
that Avithout intelligence and virtue in the people, from 
whom springs all the legitimate government, there can be 
no rational expectation that these invaluable privileges can 
be long preserved ; and we feel that we should betray the 
trust reposed in us by our constituents, if we should neglect 
to cherish the principles, guard the rights, and improve the 
institutions, civil, religious and literary, which we inherit 
from our ancestors and from the founders of our con- 
stitution. 

In accordance with the opinion of your Excellency, the 
House of Representatives number the early instruction and 
discipline of youth, among the most efficacious means of 
promoting the happiness and improving the condition of 
society. Habits of early subordination, just views of moral 
obligation, and reverence of the Supreme Being, have, in 
our apprehension, the most powerful tendency to restrain 
the progress of vice, and extend the dominion of virtue.^ 
It is obvious, from experience, no less than from the de- 
claration of inspired truth, that the training of children in 
the path of integrity and virtue, is the best method to se- 
cure their future rectitude of conduct, their reputation, 
their influence, and their usefulness. We hold it to be a 
truth that ought to be impressed on the heart of every pa- 
rent and guardian, and too important not to be repeated on 
every suitable occasion, that the rudiments of the public 
character of a nation or people, are unfolded in families 
and seminaries of learning. Families, the elementary as- 
sociations of man, which spring from the divine institution 
of marriage, constitute the germs of all human society ; and 
from the instructions and discipline of families and primary 
schools, the minds of youth receive a direction, which, in 
a great degree, gives to them their future character, as mem- 
bers of a communily. 



36 ANSWER OF THE HOUSE. 

Under these impressions, the House of Representatives 
hold it to be their indisjiensable duty, as it is their highest 
interest, to encourage, every practicable measure that may 
be suggested or devised, to carry into effect the requisitions 
of the constitution, respecting the education of youth. To 
form plans for diffusing literary and moral improvement 
among the indigent classes of citizens, in connexion with 
religious instruction, will be no less our pleasure, than it is 
a duty which we owe to society. To draw, from the ob- 
scure retreats of poverty, the miserable victims of ignorance 
and vice ; to enlighten their minds ; to extirpate corrupt 
principles ; to reform their evil habits ; and to raise them 
from def)asement to the rank of intelligent, industrious, and 
useful members of the community, will never cease to be 
an object of deep solicitude, with a wise Legislature ; and 
we trust that no opportunity will be neglected by the House 
of Representatives, to lend their influence to any measure, 
calculated to promote this object. 

The increase of pauperism is an evil to be deeply re- 
gretted. In this Commonwealth, where property is diffused 
among all classes of people, and the means of subsistence 
are not difficult to be obtained, this evil is probably less 
alarming, than in Europe. Yet, in this State, the evil is 
too obvious not to be perceived, and to awaken apprehen- 
sions ; and the view, which your Excellency has presented 
to us, of the pauperism of some European countries, in con- 
nexion with ignorance and crimes, cannot fail to impress on 
our minds the importance of attending to every scheme that 
human wisdom can devise, to arrest its progress in this 
Commonwealth. In regard to the most efficacious mode 
of preventing crimes, by early instruction and discipline ; 
forming the minds of youth to habits of moral order and 
industry, we entirely coincide with your Excellency ; and 
we shall not fail to improve every suggestion that may be 
offered ; and promote every salutary measure that may be 
devised, to prevent an accumulation of the evils which 
spring from ignorance, indolence and vice. 

The House of Representatives are highly gratified to 
learn from your Kxcellency, that the great Penitentiary at 
Charlestown, and the Hospital for the Insane, are in a 
prosperous condition; and that both institutions justify the 
expectation, that they will prove exteusively beneficial to 



ANSWER OF THE HOUSE. 87 

the community. And while we would express our full con- 
fidence in the judicious arrangements and economical man- 
agement of those to whom these institutions are intrusted, 
we would manifest a readiness to give to them any aid, 
which the demands of justice and humanity may require, 
and which may not be incompatible with the resources of 
the Commonwealth. 



RESOLVES. 

MAY AND JUNE, EIGHTEEN HUNDRED AND NINETEEN. 



CHAP. I. 



Resolve for repealing a Hesolve, 'providing for an addi- 
tional JSTotary Public for Suffolk, May S9th, 1819. 

Resolved, That a resolve, passed on the second day of 
June, in the year of our Lord one thousand eight hundred 
and fifteen, providing for an additional Notary Public, in 
Boston, in the County of Suffolk, be, and is hereby re- 
pealed. 



CHAP. II. 

Resolve providing for the choice of an additional JSTotary 

Public for Washington and Oxford Counties. 

May 29th, 1819. 

Resolved, That one additional Notary Public be ap- 
pointed for the County of Washington, to reside atEastport; 
and one for the County of Oxford, to reside at Fryeburg. 



40 BEVERLY Jme %, 1819. 



CHAP. III. 

Resolve for payivg the Members of the Legislature, 
Jane 1st, 1819. 

Resolved, That there be paid out of the Treasury of this 
Coiumonwealth, to each Member of the Council, Senate, 
and House of Kepresenfatives, two dollars, for each and 
every day's attendance, the present pcditical year ; and the 
like sum of two dollars, for every ten miles travel from 
their respective places of abode, to the place of the sitting 
of the Legislature, at every session thereof. And be it fur- 
ther resolved^ that there be paid to the President of the 
Senate, and Speaker of the Bouse of Representatives, 
each, two dollars per day, for each and every day's at- 
tendance, in addition to their pay as Members. 



CHAP. IV. 

Resolve on the petition of the Overseers of the Poor, for 
the town of Beverly, June 2d, 1819. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to the Overseers of the Poor of the town 
of Beverly^ fifty dollars, in full, for a pension, which Is- 
rael Morgan, of said Beverly, an insane person, is entitled 
to receive from this Commonwealth, for one year, ending 
the nineteenth day of June, in the year of our Lord one 
thousand eight hundred and nineteen, to be by them ap- 
plied towards the support of said Morgan. 



S. J, COURT ADJOURNED.-^Jwne 4, 1819. 41 



CHAP. V. 

Resolve on the petition of Solomon Choate and others^ to 
view Sandy Bay Pier, June 3d, 1819. 

On the petition of Solomon Choate, and others, 
Rpsdlved^ For rea«ons set forth in their petition, that 
Messrs. Howard, of Newburyport, Hooper, of Marblehead, 
and Weston, of Middleborough, be a Committee, at the 
expense of the petitioners, to view and examine the Fier, 
at Sandy J5ay, in the town of Gloucester, and report 
thereon. 



CHAP. VI. 

Resolve for adjourning the Supreme Judicial Courts at 
Castiue,for the Counties of Hancock^ Washington and 
Penoiscoty on account of the Small Pox. 
June 4th, 1819. 

Whereas considerable alarm has been excited in the vi- 
cinity of Penobscot Bay, by reason of the small pox lately 
breaking out and spreading in that quarter — Therefore, 

Resolved^ That the term of the Supreme Judicial Court 
of this Commonwealth, appointed by law, to be holden ai 
Castine, in the County of Hancock, and for the Counties 
of Hancock. Washington, and Penobscot, on the third 
Tuesday of June, current, be, and the same is hereby post- 
poned, and adjourned, to the second Monday of Septem- 
ber next, being the thirteenth day of that month ; at that 
time to be commenced and holden at said Castine, in lieu 
of the said third Tuesday of June, current. 

Resolved^ That all persons in any wise interested in any 
business, matter, or thing, pertaining to the said Court, at 
its June term, for the counties aforementioned, be altogether 
excused from giving their attendance thereto, until the sec- 
ond Monday of ^September, aforementioned ; on which lat- 
ter day, all parties, jurors, officers, attornies, witnesses, and 
other persons, in any way connected or concerned with the 
business of said Court, for said counties, shall give their at- 
6 



4i3 GUSHING.— Jwne 8, 1819. 

tendance, in the same way and manner as they would have 
done, on the said third Tuesday of June^ current, if these, 
resolves had not been passed. 

Resolved, That all suits, actions, indictments, recogniz- 
ances, matters and things, of whatever name or nature, in 
any way returnable to, or pending in, said Court, for the 
counties aforenamed, at said June term, or appertaining 
thereto, be, and the same may and shall be entered, have 
dav, be heard, proceeded upon to final judgment, sentence, 
and execution, in the same way and manner, and to the 
same extent and purpose, at the term hereby appointed to 
commence on the said second Monday of September next^ 
as would have been allowable and legal, on the said third 
Tuesday of June, current, if these resolves had not been 
passed. 

Resolved, That the adjourned or postponed term of said 
Court, appointed hereby to be holden on the second Mon- 
day of September next, be, and the same is hereby directed 
to be holden and completed by any one of the Justices of 
said Supreme Judicial Court, any law to the contrary not- 
withstanding. 

Resolved, That the Secretary of this Commonwealth 
cause to be printed, as soon as possible, and transmitted by 
mail, copies of these resolves to the Judges of said Court, 
and to the several Sheriffs and Clerks of said counties ; and 
also furnish six copies thereof to each Member of the Gen- 
eral Court, from those counties ; and likewise to be pub- 
lished in the Columbian Centinel, the Daily Advertiser, 
and the Boston Patriot and Daily Chronicle, all printed in 
Boston. 



CHAP. VII. 

Resolve on tJie petition of the inhabitants of the town of 
Cushing, June 8th, 1819. 

On the petition of the town of Cushing, in the Connty of 
Lincoln, stating that the doings of said town have, in some 
respects, been illegal, viz. : That previous to the year one 



SEBEC— Jitwe 8, 1819. 43 

thousand eight hundred and eighteen, there never had been 
any list of voters made out, for the choice of town officers ; 
that the Moderators of the meetings of said town have not 
heen chosen by written ballot ; and that the records of said 
town have been kept in an illegal manner, in many respects ; 
and praying that their several town meetings, and the do- 
ings therein, prior to the date of said petition, may be ren- 
dered valid ; 

Resolved, That the several town meetings, held in said 
town of Cushing, as aforesaid, be, and they are hereby 
rendered good and valid ; and the proceedings had at the 
meetings, aforesaid, be, and they are hereby fully ratified 
and confirmed : Provided, hoicever, that this shall not affect 
any cause, now pending before any Judicial Court. 



CHAP. vni. 

Resolve for an additional JVotary, in the County of CuiU' 
berland. June 8th, 1819. 

Resolved, That there be appointed an additional Notary 
Public, in the County of Cumberland ; to reside in the town 
of Brunswick. 



CHAP. IX. 

Resolve on the petition of William R, Lowney, in behalf of 

the town of Sebec, in the County of Penobscot, 

June 8th, 1819. 

Resolved, For reasons set forth in said petition, that the 
Secretary of the Commonwealth be, and he is hereby au- 
thorized and directed to deliver to the inhabitants of said 
Sebec, one bound volume of the Colony and Province 
Laws; the ninth volume of Massachusetts Term Reports; 
the three first volumes of the Statutes of th& Common- 



4)4. SARAH CLEAVES.— JM«e 9, 1819. 

wealth, and the Laws and Resolves of tlie General Court, 
passed in the years one thousand eight hundred and thirteen 
and fourteen, in lieu of those destroyed by the British, when 
at Bangor. 



CHAP. X. 

Resolve authorizing Sarah Cleaves to convey Real Estate, 
June 9th, 1819. 

On the petition of Sarah Cleaves, of Biddefbrd, in the 
County of York, widow. Administratrix on the estate of 
Daniel Cleaves, late of said Biddeford, Esquire, deceased, 
intestate, praying that she may be authorized and empow- 
ered to make and execute good and sufficient deeds of 
several farms, and tracts of land, to several persons, as 
mentioned and described in said petition, according to the 
several contracts entered into by said deceased, in his life 
time ; 

Resolved f That the said Sarah Cleaves, Administratrix, 
as aforesaid, be, and she hereby is authorized and empow- 
ered to make and execute good and sufficient deeds to the 
several persons, herein named, of the several farms, and 
lots of land, hereafter mentioned ; ^provided,, said persons 
shall pay the several sums of money, and otherwise comply 
with their said contracts, made by, and between them, re- 
spectively, and said deceased ; viz. : to Joseph Wentworth, 
a lot, or tract of land, in Limington, purchased of John L. 
Hancock, by deed, dated the thirtieth day of November, 
one thousand eight hundred and five : to Thomas H. 
Thompson, a lot of land, and buildings thereon, in Gorham, 
purchased of Simeon Farnham, by deed, dated the eighth 
day of January, one thousand eight hundred and six : to 
William Lane, a farm, in Brownfield, purchased of said 
Lane, by deed, dated the sixteenth day of October, one 
thousand eight hundred and four: to Moses Atkinson, 
Junior, a small lot of land, with a dwelling house thereon, 
purchased of John Palmer, by deed, dated the sixteenth 
day of December, one thousand eight hundred and seven : 



INVESTMENT OF STOCK.— Jitwc 10, 1819. 45 

to Samuel Davis, one half of two days, or one twelfth part 
of a mill privilege, in Hollis, in common with Jonathan 
I'ucker, set off on execution, in favor of Cleaveland Tuck- 
er, against Timothy Tibbets, under date of July eighteenth, 
one thousand seven hundred and ninety-nine. 



CHAP. XT. 

Jtesolve permitting David Greenough to continue a Livery 
Stable, within the town of Boston. June yth, 1819. 

On the petition of David Greenough, 

Tiesolved. For reasons set forth in said petition, that the 
Firewards of the town of Boston, be, and they hereby are 
empowered to permit a livery stable to be continued on the 
land, formerly the Old Province House land, near Marl, 
borough Street, in said Boston ; provided^ the same be built, 
and continued to be built with brick, and properly slated ; 
and that said David Greenough, his heirs and assigns, be 
permitted to continue the same, on such terms and condi- 
tions, as the said Firewards, of said town, shall find to be 
consistent with the safety of said town from fire, any law to 
the contrary notwithstanding. 



CHAP. XU. 

Resolve empowering the Treasurer to invest Fifty TJiou- 
sand Dollars in United States Stock, June 10th, 1819. 

Resolved, That the Treasurer of the Commonwealth of 
Massachusetts be directed to invest fifty thousand dollars of 
the money which is now in the hands of the said Treasurer, 
in six, or seven per cent, stock of the United States, and 
which of the two he may deem most for the interest of the 
said Commonwealth, on the best terms he can ; and cause, 
the same to be transferred at the Loan Office, and placed to 
the credit of the said Commonwealth of Massachusetts. 



4(6 BELMONT.~-Jitwe ii, 1819. 



CHAP. XIII. 

Resolve emjjoieering the Assessors of the South Parish in 
Augusta, to call a Meeting in said Parish, , 
June lltb, 1819. 

On the petition of John Potter and others, Assessors of 
the South Parish in Augusta, in the County of Kennebec, 
praying liberty to call a meeting of said parish, for the pur- 
pose of choosing the necessary parish oflBcers, and raising 
money, necessary for the exigeucies of said parish ; 

Resolved, That John Potter, Lewis Hamiin, and Cyrus 
Guild, Assessors of said South Parish in Augusta, in th« 
County of Kennebec, for reasons set forth in their petition^ 
be, and are hereby authorized to call a meeting of the in- 
habitants of said parish, qualified by law, to vote in parith 
affairs, at any time in the month of July next, for the pur- 
poses of choosing parish officers, and raising the monies 
necessary for the exigencies of said parish ; any law to the 
contrary notwithstanding. 



CHAP. XIV. 

Resolve confirming the doings of the town of Belmont. 
June 11th, 1819. 

On the petition of the inhabitants of the town of Belmont, 
in the County of Hancock, stating that doubts had arisen 
as to the legality of the choice of town officers, and certain 
other proceedings, in said town, and praying that their sev- 
eral town meetings, and the doings therein, for the years of 
our Lord one thousand eight hundred and fifteen, and one 
thousand eight hundred and sixteen, may be rendered valid ; 

Resolved^ That the choice of the several town officers, 
chosen at the second town meeting, in April, in the year of 
our Lord one thousand eight hundred and fifteen, be de- 
clared good and valid in law ; that the town meeting of 
said town, on the first Monday of AprU, one thousand 



DAVID M. DOYLE.— Jatie 11, 1819. 47 

eight hundred and sixteen, be declared good and valid in 
law ; and the assessment of taxes made by the Assessors, 
chosen at the meeting last aforesaid, for the years one thou- 
sand eight hundred and fifteen, and ene thousand eight 
hundred and sixteen, is hereby declared good and valid in 
law : Provided, however, that this shall not affect any case 
now pending before any Judicial Court. 



CHAP. XV. 

Resolve on petition of David M, Doyle, June 11, 1819- 

On the petition of David M. Doyle, Guardian to Sarah 
Ann Frederickson, Mary Elizabeth Frederickson, Marga- 
ret Caroline Frederickson, minors, under the age of four- 
teen years, praying that he, the said Guardian, may be 
authorized and empowered to take and receive the amount 
pf property left them by Jacob Smith, late of Boston, in 
the County of Suffolk, mariner, deceased, testate ; 

Resolved, For reasons set forth in said petition, that the 
said David M. Doyle, Guardian of Sarah Ann Frederick- 
son, Mary Elizabtttb Frederickson, and Margaret CarolinQ 
Frederickson, minors, under the age of fourteen years, be, 
and he hereby is authorized and empowered to ask, demand, 
receive, sue for, and recover of, and from Timothy Clap, of 
Maiden, in the County of Middlesex, yeoman. Administra- 
tor of the estate of Jacob Smith, late of Eoston, mariner, de- 
ceased, testate, all the amount of the legacy given to said 
minors, in the last will and testament of the said Jacob 
Smith, as expressed in the said last will and testament of 
said Smith, annexed to said letters of administration, grant- 
ed to said Timothy Clap. And the Judge of Probate of 
the County of Middlesex is hereby authorized to approve 
of, and allow said payment, in the settlement of said Ad- 
Tiainis^rator's aocouiit, in the Probate Office, accordingly. 



48 GOVERNOR'S MESSAGE.— Juwe 3, 1819. 



CHAP. XVI. 

Resolve confirming the doings of the town of Shirley. 
June nth, 1819. 

On the petition of the Selectmen of the town of Shirley, 
alleging that the town officers of said town, for several 
years past, have been duly sworn, before entering on the 
duties of their offices, but no record thereof has ever been 
jnade ; and praying that the records and doings of said 
town may be made valid, so as to give to them the same legal 
force and effect as they would have had, in case a record 
thereof had been duly made ; 

Resolved, therefore, For reasons set forth in said petition, 
that the doings of said officers, and the records of said town^ 
be, and the same are hereby made valid ; and that they 
have the same force and effect that the same would have 
bad, in case a record of said officers being sworn, had been 
duly made. 



CHAP. XVII. 

Governor's Message. June 26 ^ 1819. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

I have to announce to you the death of Major General 
Nathaniel Goodwin, since the last session q^ the Legisla- 
ture, and the consequent vacancy of Major General, in the 
fifth division of the militia. 

J. BROOKS. 
Council Chamber J June 2, 1819, 



ESSEX LEOMINSTER.— June 11, 1819. 49 



CHAP. XVIII. 

Resolve confirming the doings of the town of Essex. 
June 5th, 1819. 

On the petition of the Selectmen of the town of Essex, 
Resolved^ That for reasons set forth in said petition, the 
doings of the inhabitants of said town, with respect to pay- 
ing the expense incurred in obtaining an act of the incorpora- 
tion of said town, are hereby made valid, in all respects : 
And the Assessors of said town are hereby authorized to 
assess the same accordingly, on the rateable polls and es- 
tates of said town, and order the collection thereof, and 
payments into tijeir treasury, in the same way and manner 
other town taxes are assessed, collected and paid iu. 



CHAP. XIX. 

Resolve confirming the doings of the Assessors of the town 
of Leominster. June 11th, 1819. 

On the petition of the Selectmen of the town of Leomin- 
stei", praying that the Assessors of said town of Leominster, 
for the year of our Lord one thousand eight hundred and 
sixteen, may be authorized and empowered to sign their 
names to the lists of assessments, by them committed to 
the Collector of taxes, for said year, and to aflBx a seal to 
the warrants, by them signed and delivered to said Collec- 
tor, for the collection of said taxes ; 

Resolved, For reasons set forth in said petition, that the 
Assessors of said Leominster, for the year aforesaid, or the 
major part of them, be, and hereby are authorized and em- 
powered to sign said lists of assessment, and to affix a seal 
to said warrant ; and said lists and warrants, when so sign- 
ed and sealed, to be as good and valid in law, as if the same 
had been done before they were committed to said Collee- 
tor for collection. 



||l L. GIMBEE.— STERLING — June IS, 1819. 

CHAP. XX. 

Resolve on petition of Lucy Gimbee. June 11th, 1819. 

On the petition of Lucy Gimbee, alias Lucy Hector, one 
of the Grafton Indians, so called, praying that the Trustee 
of said Indians may be authorized to expend so much of her 
estate, as may be found necessary for her support ; 

Resolved, For reasons set forth in said petition, that Asa 
Goodell, Trustee of the Grafton Indians, be, and he is 
hereby authorized and directed to pay out of the estate of 
Lucy Gimbee, alias Lucy Hector, which is now in his 
hands, so much as may be found necessary for her support. 



CHAP. XXL 

Resolve confirming the doings of the town of Sterling, 
June 12th, 1819. 

On the petition of the inhabitants of the towp of Sterling, 
stating that the Clerk of said town had neglected to record 
the oaths, administered to the officers of said town, and 
that the Assessors omitted to sign the copies of the lists of 
assessment, by them deposited with the Treasurer of said 
town, and praying that said omissions and defects may be 
remedied, and the doings rendered valid ; 

Resolved, For reasons set forth in said petition, that tjie 
doings of said officers be rendered good and valid in law, 
notwithstanding the oaths administered to them, have not 
been recorded ; and also, that the assessment made by said 
Assessors, be confirmed, although the Assessors neglected 
to sign the copies thereof, by them deposited with the 
Treasurer of said town : Provided, nevertheless, that noth- 
ing in this resolve shall in any way affect any action, now 
pending in any Court of Judicature, having relation to said 
omissions or defects. 



SALLY WAVGU.— June IS, 1819. 51 

CHAP. XXIL 

Resolve in favor of Sally Waugh. June IStli, 1819. 

On the petition of Sally Waugh, Administratrix of the 
estate of James Waugh, Junior, late of N orridgewock, in 
the County of Somerset, deceased, setting forth, that the 
said James Waugh, Junior, in his life time, did agree with 
William Sylvester, Junior, of Starks, in the county afore- 
said, to convey to the said Sylvester, a certain lot of land, 
described in said petition, being part of the estate of said 
deceased, but died before a deed could be made and ex- 
ecuted ; praying that she may be authorized to make a good 
and valid deed of the same, to the said William Sylvester, 
Junior ; 

Resolved f For reasons set forth in said petition, that the 
said Sally Waugh, as she is Administratrix of the estate of 
the said James Waugh, Junior, deceased, be, and she is 
hereby authorized and empowered to execute a good and 
sufficient deed to the said William Sylvester, Junior, of 
the said land, being part of the estate of the said deceased, 
situated in said Starks, bounded as follows, to wit: Begin- 
ning at the south-west angle made by the intersection of 
the road, in the centre of the town of Starks ; thence south, 
by the west side of the town road, sixty-six feet ; thence 
west, thirty. six feet ; thence north, to the county road, six- 
ty-six feet ; thence east, by the county road, thirty-six feet, 
to the bounds first mentioned ; and such deed, so made and 
executed, shall be good and valid in law, to convey all the 
right and interest which the heirs at law, of the said James 
Waugh, Junior, may have in the same, as if the said deed 
had been executed by the said Waugh, in his life time, 
pursuant to said agreement : Provided, nevertheless, that 
previously to the delivery of said deed, the said Sylvester 
shall pay unto the said Sally Waugh, Administratrix of 
the estate of the said James Waugh, Junior, deceased, to 
be accounted for by the said Sally, with the Judge of Pro- 
bate for the said County of Somerset, the amount of the 
purchase money, which was agreed upon, by and between 
the said William Sylvester, Junior, and the said James 
Waugh, Junior, in the life time of the said James Waugh, 
Junior : Provided, also, that the said Sally first give bonds, 



52 BOYLSTON ADAMS.— JziTie 16, 1819. 

with sufficient surety, to the Judge of Probate of said coun- 
ty, to account for, and pay over to the heirs of said James 
Waugh, Junior, deceased, the full amount of the purchase 
aforesaid, with legal interest thereon, when thereto law- 
fully required. 



CHAP. XXIII. 

Resolve authorizing the Treasurer to borrow Money. 
June 16th, 1819. 

Resolved, That the Treasurer of this Commonwealth he, 
and he is hereby authorized and directed to borrow of any 
of the banks in Boston, any sum not exceeding fifty thou- 
sand dollars, that may, at any time within the present year, 
be necessary for the payment of the ordinary demands 
made on the treasury ; and that he pay any sum he may 
borrow, as soon as money sufficient for the purpose, and not 
otherwise appropriated, shall be received into the treasury. 



CHAP. XXIV. 

Resolve in favor of Boylston Mams, June l6th, 1819. 

On the petition of Boylston Adams, 

Resolved, For reasons therein set forth, that there be 
allowed and paid to the said Boylston Adams, the sum of 
sixty dollars, in full compensation for the injury done to 
his horse, while used on military duty. 



PHILLIPS.— BLANK FOKMS.— JwMe 16, 1819. 53 
CHAP. XXV. 

Resolve appropriating Fifteen Thousand Dollars for the 
State Prison. June 16th, 1819. 

On the petition of the Warden of the State Prison, 
f'esolvpd, That there be paid out of the public treasury, 
for the use of the State Prison, the sum of fifteen thousand 
dollars, to be drawn from the treasury, by the Warden of 
saifl prison, in such sums as the Directors shall, from time 
to time, direct ; and his Excellency the Governor, with 
advice of Council, is hereby requested to draw his warrants 
on the Treasurer for said sums accordingly. 



CHAP. XXVI. 

Mesolve for reimbursing Eleven Dollars and Eighty-TJiree 
CentSf to the town of Phillips. June l6th, 1819. 

On the petition of Joseph Fairbank, for, and in behalf 
of the town of Phillips, for the reasons set forth in said 
petition, 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the town of Phillips, 
the sum of eleven dollars and eighty-three cents, in full, 
for money said town paid into said treasury, through a mis- 
take ; said town having been taxed twice, in the tax bill 
for the year one thousand eight hundred and thirteen. 



CHAP. XXVIL 

Resolve for printing Blank Forms of Returns of Votes. 
June I6th, 1819. 

Resolved, That the Secretary of this Commonwealth be, 
and he is hereby required to cause to be printed, as occa- 



5* " BAPTIST SOCIETY, ---June 17, 1819. 

sion may require, a sufficient number of blank forms of 
returns of votes for Representatives to the General Court 
of this Commonwealth, as prescribed by law; and also 
blank forms of returns of votes of the several towns in this 
Commonwealth, for Governor, Lieutenant Governor, Sena- 
tors, and Counsellors, and for Representatives in the Con- 
gress of the United States, as prescribed in a resolve of the 
liCgislature, passed on the fourteenth day of January, in 
the year of our Lord one thousand eight hundred and 
seven; and shall, annually, transmit, with the laws and 
resolves, at least one blank form of each kind, to the Clerk 
of each town in this Commonwealth. 



CHAP. XXVII. 

Resolve confirming the doings of the Baptist Sbcietyy 
in Freeport, June 17th, 1819. 

On the petition of James Johnson and William True, a 
Committee of the Calvinistic Baptist Society, in Freeport, 
in the County of Cumberland, praying that the doings of 
the said society, from the year one thousand eight hundred 
and twelve, to the present year, inclusive, may be confirm- 
ed and rendered valid ; the officers of the said society, not 
having been sworn as the law directs ; 

Resolvedy For reasons set forth in the said petition, that 
the doings of said society in Freeport, from the year one 
thousand eight hundred and twelve, to the present time, 
be, and the same are hereby ratified and confirmed, and 
rendered as good and valid, as though said officers had 
been sworn and qualified, according to law. 



SANDY BAY PIER.— Jitne 16, 1819. 55 



CHAP. XXVIIT. 

Resolve authorizing the Treasurer to dispose of uncurrent 
Bank Bills, in his possession. June 16, 1-819. 

Whereas there is in the treasury of this Commonwealth, 
a number of uncurrent bills, of the Berkshire, Northamp- 
ton, and Farmer's Exchange Banlts, received by former 
Treasurers, pursuant to resolves of the General Court, and 
amounting to the sum of one thousand and fourteen dollars ; 

Resolved, That the Treasurer be, and he is hereby au- 
thorized and empowered to dispose of said bills, or any 
part of them, in any way, and upon any terms, which to 
him may seem most conducive to the interest of the Com- 
monwealth, passing the proceeds thereof to the credit of 
the Commonwealth, accordingly. 



CHAP. XXIX. 

Resolve granting a Toionship of Land to the Proprietors 
of Sandy Bay Fier. June l6th, 1819. 

On the petition of the proprietors of Sandy Bay Pier, 
for reasons therein set forth, 

Resolved, For the purpose of repairing and improving 
the pier and bason at Sandy Bay, in the town of Glouces- 
ter, that there is hereby granted to the proprietors of Sandy 
Bay Pier Company, a township of land, six miles square, 
to be laid out and assigned to them, by the Agents for the 
sale of eastern lands, out of any unappropriated lands in 
the District of Maine, with the usual reservations and re- 
strictions, and excepting all the lands purchased of the In- 
dians : Provided, however, that the said proprietors shall 
cause the said township to be surveyed and located, and 
the plan thereof to be returned into the Land OjSice, within 
the term of three years. 



56 RAYMOND SCHOOL FUND.— June 17, 1819. 



CHAP. XXX. 

Resolve confirming the doings of tJie town of JSTewry, 
June 17th, 1819. 

On the petition of the inhabitants of the town of Newry, 
stating that the Moderator of the meeting in said town of 
Newry, in April last, for the choice of town officers, and 
the transaction of other town business, was chosen by hand 
votes, and praying that the doings of said meeting may be 
rendered valid and good, notwithstanding said irregularity ; 

Resolved^ That the proceedings and transactions of said 
meeting be. and they hereby are confirmed and rendered 
valid, notwithstanding the irregularity above stated. 



CHAP. XXXI. 

Mesolve confirming the doings of the Trustees of the School 
Fund, in the town of Raymond, June 17th, 1819. 

On the petition of the Trustees of the School Fund, in 
the town of Raymond, in the County of Cumberland, stat- 
ing, that, through ignorance of the law, they held their first 
meeting without making application to a Justice of the Peace 
for a warrant, for that purpose, and proceeded to sell their 
school lands, and have taken good security for the interest, 
to be paid annually, and the principal is well secured by 
mortgage of real estate ; that, in all their proceedings, they ^ 
have conducted with honesty and integrity, for the benefit 
of said town ; and praying, that their proceedings may be 
rendered valid in law — Therefore, 

Resolved, That all the acts and doings of said Trustees 
of the School Fund, in the town of Raymond, in the County 
of Cumberland, aforesaid, be, and they are hereby con- 
firmed and made good and valid in law, as though the first 
meeting of said Trustees had been called by warrant from 
a Justice of the Peace. 



WOOLWICH.— S. FLAGG.— Jitne 17, 1819. 57 

^' CHAP. XXXIII. 

Resolve confirming the doings of the First Parish in 
Woolwich, June 17th, 1819. 

On the petition of the Committee of the inhabitants of 
the First Parish in the town of Woolwich, in the County 
of Lincoln, praying that the acts and doings of said inhab- 
itants, at their parish meeting, holden on the nineteenth day 
of May, last past, may be confirmed and rendered valid, 
notwithstanding any supposed illegality or defect, either in 
the time or manner of notifying, or holding said meeting ; 

Resolved, For the reasons set forth in said petition, that 
the acts and doings of the inhabitants of the First Parish, in 
the town of Woolwich, in the County of Lincoln, at their 
parish meeting, holden on the nineteenth day of May, last 
past, shall be, and the same are hereby confirmed, and ren- 
dered good and valid in law, any supposed illegality or de- 
fect in the time or manner of notifying or holding said 
meeting, to the contrary notwithstanding. 



CHAP. XXXIV. 

Resolve extending privileges to Samuel Flagg and others. 

June 17, 1819. 

Resolved, That the same rights and privileges as were 
secured to Samuel Flagg, Catharine Drown, and others, 
named in the resolves of February twentieth, one thousand 
eight hundred and thirteen, and of January twenty-sixth, 
one thousand eight hundred and sixteen, be, and the same 
are hereby allowed and extended to them, or their legal 
representatives, for the term of one year from the first day 
of July next ; and the Commissioners of the Land OflBce 
are hereby authorized and directed to govern themselves 
accordingly. 



5S MONMOUTH.— J. aOTT.— /ttwe 18, 1819. 



CHAP. XXXV. 

Mesolve on petition of Selectmen of Monmouth. 
June 18, 1819. 

On the petition of the Selectmen of Monmouth, 
Mesolvedj That there be allowed and paid out of the 
treasury of the Commonwealth, to the town of Monmouth, 
the sum of sixteen dollars, to reimburse them for tbe pay- 
ment of the like sum, for the support of John Edgecomb, 
who was a sick soldier in Captain Moses Boynton's com- 
pany of infantry, in the second regiment, first brigade, and 
eighth division, which was called into the service of the 
State, for its defence, in the year of our Lord one thousand 
eight hundred and fourteen ; 

Resolved, That whenever a proper voucher, for the pay- 
ment of the same, shall have been left with the Adjutant 
General, to be filed with the papers relating to the claims 
of this Commonwealth against the United States, his Ex- 
cellency the Governor be requested to draw his warrant on 
the Treasurer, for the payment of the same, accordingly. 



CHAP. XXXVI. 

Resolve in favor of Joseph Gott, June 18th, 1819. 

The Committee on Accounts, to whom was referred the 
petition of Joseph Gott, ask leave to report the following 
resolve, which is submitted. 

E. HOYT, Per Order, 

On the petition of said Joseph Gott, praying for allow- 
ance for the support of Manuel Antonio, a Portuguese, 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the treasury of this Common- 
wealth, to said Joseph Gott, the sum of fifty-four dollars 
and ninety-three cents, in full for the support of said An- 
tonio, from the fourth of November, one thousand eight 
hundred and eighteen, to the twenty-fifth day of February^ 
one thousand eight hundred and nineteen. 



STATE PRINTER, kc—June 18, 1819. 59 

CHAP. XXXYII. 

Resolve appointing Printer to the State. June 18th, 1819. 

On the petition of Benjamin Russell, of Boston, in the 
County of Suifolk, praying to be appointed, and employed, 
as printer to the Greneral Court, the ensuing year, 

Resolved, That the said Benjamin Russell be, and he 
hereby is appointed the printer of this Commonwealth, for 
one year, from the fourth day of June, instant, to be iFully 
completed and ended, and until another State Printer shall 
be appointed in his stead ; provided, he, the said Russell, 
shall do and perform, or cause to be done and performed, 
the printing, in a faithful and workmanlike manner, on 
good and suitable paper, and with all reasonable despatch, 
and to the acceptance of the officers for whom the work 
may be done. 

Be it further resolved, That the compensation which 
shall and may be allowed and made to the said Benjamin 
Russell, for printing and materials, furnished as aforesaid, 
shall be according to the usual rates of printing, established 
among the printers and booksellers in Boston ; and the 
Committee of Accounts shall settle the bills according to 
those rules. 



CHAP. XXXVIII. 

Resolve to pay the Messenger to the General Court, 
June 18, 1819. 

Resolved, That there be allowed, and paid out of the 
public treasury, to Jacob Kuhn, in full for his services, as 
Messenger to the General Court, and for his care of the 
State House, and all other services rendered by him, (ex- 
cept those for which compensation is made, by a resolve, 
passed October nineteenth, one thousand eight hundred and 
fourteen,) for the year commencing thirtieth day of May 
last, one thousand dollars, payable quarter yearly ; and 
his Excellency the Grovernor, with advice of Council, is 
requested to draw his warrant accordingly. 



60 MARRIAGE MADE VALID— Jwwe 18, 1819. 



CHAP. XXXIX. 

Resolve granting One Hundred Dollars, to Clarissa Gil- 
bert. June 18th, 1819. 

Resolved, That there be allowed and paid out of the trea- 
suvy of this Commonwealth, to Clarissa Gilbert, widow of 
the late Charles Gilbert, who was killed, while on military 
duty, in August, one thousand eight hundred and fourteen, 
one hundred dollars, in addition to two hundred dollars, al- 
ready paid, which sum shall be in full ; and the Governor, 
with advice of Council, be requested to draw his warrant 
accordingly. 



CHAP. XL. 

Resolve to pay the Committee for investigating the concerns 

of the Agricultural Bankj at Pittsjield. 

June 18th, 1819. 

Resolved, That there be allowed and paid out of the trea- 
sury of this Commonwealth, to Robert Rantoul, Esquire, 
of Beverly, the sum of sixty- seven dollars ; to William W. 
Parrot, Esquire, of Gloucester, the sum of sixty- seven dol- 
lars ; and to the Honorable Daniel Noble, of Williams- 
town, the sum of thirty-seven dollars and fifty cents, in full 
for their services and expenses, as a Committee for investi- 
gating the transactions of the Agricultural Bank, at Pitts- 
field. 



CHAP. XLL 

Resolve making valid the Marriage of James Cummings 
and Susannah Willard, June 18, 1819. 

On the petition of James Cummings and Susannah Cum- 
mings, of Wilton, in the County of Kennebec, representing 



COM. ON ACCOUNTS.— June 19, 1819. 61 

that, in the month of July, A. D. one thousand eight hun- 
deretl and seventeen, they were united in matrimony, having 
a lawful right so to do, and their intentions thereof having 
been legally published, by one John Foster, of said Wil- 
ton, a Minister of the baptist order, ordained agreeably to 
the rules of the baptist society, as a Minister at large ; and 
representing also, that doubts have arisen, respecting the 
validity of said marriage ; Therefore, 

Resolved, That the marriage aforesaid, of the said James 
Cnmmings and Susannah Cummings, formerly Susannah 
Willard, solemnized in manner aforesaid, be, and the same 
is hereby declared to be legal and valid, to all intents and 
purposes ; and the issue of said marriage shall be, and the 
same is hereby declared to be legitimate, to all intents and 
purposes, as if the said marriage had been solemnized by a 
person legally authorized for that purpose. 



CHAP. XLII. 

Resolve to fay Committee on Accounts, June 18, 1819. 

Resolved, That there be allowed and paid, to the Com- 
mittee on Accounts, one dollar per day, over and above their 
pay as Members, for the present session, to wit : Honorable 
Elihu Hoyt, twenty-four days, twenty-four dollars ; Hon- 
orable Stephen P. Gardner, twenty-four days, twenty-four 
dollars ; Samuel Porter, Esquire, twenty-four days, twenty- 
four dollars ; David Perry, Esquire, twenty -four days, 
twenty-four dollars ; Joseph R. Abbot, Esquire, twenty-four 
days, twenty-four dollars. 



62 QUARTER MASTER GEN.— Jitwe 19, 1819. 



CHAP. XLIII. 

Resolve infavoi^ of the Qum'ter Master General. 
June 19th, 1819. 

The Committee of both Houses, to whom was referred 
the Quarter Master General's communication, relating to 
the expenditures in his department, have attended to the 
duties of their appointment, and find his account well 
vouched and rightly cast ; and that he has expended, be- 
tween the seventeenth of January, one thousand eight hun- 
dred and eighteen, and the twenty- eighth of February, one 
thousand eight hundred and nineteen, inclusive, the sum 
of twenty-two thousand, five hundred and four dollars, and 
eleven cents, including sixteen hundred and seventy dol- 
lars, and eighty. two cents, for his salary, for one year, one 
mouth, and eleven days, from January seventeenth, one 
thousand eight hundred and eighteen, to February twenty- 
ty-eighth, one thousand eight hundred and nineteen ; and 
has received, the year past, by warrants on the treasury, 
the sum of twenty tliousand, nine hundred and thirty dol- 
lars and fifty cents ; leaving a balance due the Quarter 
Master General, of fifteen hundred and seventy-three dol- 
lars and sixty-one cents ; ask leave to report the following 
resolves. All which is respectfully submitted, by 

EBENEZER GAY. 

Mesolvedf That Amasa Davis, Esquire, Quarter Master 
General, be, and he hereby is discharged from the sum of 
twenty thousand, nine hundred and thirty dollars and fifty 
cents, being the amount he has received, by warrants on 
the treasury. 

Resolved, That the sum of fifteen hundred and seventy- 
three dollars and sixty-one cents, be paid the said Amasa 
Davis, from the treasury of this Commonwealth, as the bal- 
ance of his account, for the year ending February twenty- 
eighth, one thousand eight hundred and nineteen. 

Resolved, That the sum of eight thousand dollars, be 
paid the Quarter Master General, from the treasury of this 
Commonwealth, to meet the expenses of his department, 
the ensuing year ; for the application of which; the said 



DEAF AND DUMB.—Jkne 19, 1819. 63 

Quarter Master General is to be accountable : And his 
Excellency the Governor is requested to issue his warrants 
on the treasury, for the amount, in such sums, and at such 
periods, as his Excellency, with the advice of Council, 
may deem expedient for the public service. 



CHAP. XLIV. 

Hesolve respecting Deaf and Dumb, June 19th, 1819. 

Resolved, That his Excellency the Governor, be author- 
ized to give sixty days notice, by publishing in such news- 
papers as he may think proper, that, upon the application 
of the parent or guardian of any deaf and dumb person, 
belonging to this Commonwealth, accompanied by a certifi- 
cate from the Selectmen of the town where such parent or 
guardian resides, of the inability of such parent or guar- 
dian to defray the expense of board, and instruction of such 
deaf and dumb person«, at the Asylum in Hartford, in the 
state of Connecticut, then, that the said expense, or par^ 
thereof, shall be defrayed by this Commonwealth, in the 
manner hereinafter mentioned. 

Resolved, That there be annually appropriated, out of 
the treasury of this Commonwealth, the sum of four thou- 
sand dollars, towards the expenses of board and instruction 
of such deaf and dumb persons at the asylum, aforesaid ; 
not, however, exceeding for each individual, the sum of two 
hundred dollars per annum, and for a term for each indi- 
vidual, not exceeding four years, or for such less time as 
the Governor and Council may judge expedient. And if a 
greater number than twenty, and less than forty shall apply, 
the aforesaid sum of four thousand dollars, shall be distri. 
buted among them in equal proportions ; and, if a greater 
number than forty shall apply, the persons to be entitled, 
shall be designated by lot ; not, however, in any case, to 
deprive any one of the benefit of this resolve, or change 
his annual allowance, who shall have been once placed at 
the said asylum. 

Resolved, That if it shall appear, that the whole number 



64i PAY OF CLERKS.— FUEL.— Juwe 19, 1819. 

for whom application shall be made, cannot be received as 
pupils in said Asylum, the persons to be placed there at the 
expense of this Commonwealth, application having been 
made as aforesaid, shall be designated by lot, under the 
direction of the Grovernor. 

Resolved, That his Excellency the Governor be author- 
ized to draw his warrant upon the treasury, for such sum 
or sums of money, as shall be necessary to pay the expenses 
of such persons as may be placed in said asylum, by his 
direction. 

Resolved, That the foregoing resolves shall continue in 
force six years, and no more. 



CHAP. XLV. 

Resolve to pay Clerks in the several Offices, 
June 19th, 1819. 

Resolved, That there be allowed and paid, out of the 
treasury of this Commonwealth, to the first Clerk in the 
Treasurer's Office, also to the first Clerk in the Secretary's 
Office, also to the first Clerk in the Adjutant General's Office, 
fourteen hundred dollars each, in full compensation for their 
services annually, from the first day of this current month 
of June j and, likewise, to each of the other Clerks, in the 
said Treasurer's, Secretary's, and Adjutant General's Offices, 
and, also, to the Clerk in the Quarter Master General's 
Office, three dollars and eighty four cents per day, for each 
and every day they are respectively employed therein, from 
the said first day of June, current. 



CHAP. XLVL 

Resolve for -purchasing Fuel. June 19th, 1819. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to Jacob Kuhn, Messenger of the General 



, q. M. GEN.— DISTRIB. ACT.— Jwwe 19, 1819. Q5 

Court, the sum of one thousand dollars, to enable him to 
purchase fuel, and such other articles, as may be necessary 
for the use of the General Court, together with the Gover- 
nor and Council Chamber, the Secretary's, Treasurer's, 
Adjutant General's, and Quarter Master General's OfRces, 
and also for the Land Office ; he to be accountable for the 
expenditure of the same. 



CHAP. XLVII. 

Hesolve authorizing the Qiiarter Master General to fur- 
nish Companies ivith Drums and Fifes. 
June 19th, 1819. 

Whereas, it has been represented, that the drums and 
fifes, in the keeping of sundry companies of the militia of 
this Commonwealth, were captured by the enemy, during 
the late war ; Therefore, 

Resolved, That whenever it shall appear, to the satisCac- 
tion of the Quarter Master General of this Commonwealth, 
from the representation of the commanding officer of any 
regiment of militia, or otherwise, that any company, under 
liis command, lost their drum and fife, by capture of the en- 
emy, during the late war, it shall be his duty, and he here- 
by is authorized to deliver one drum and fife to the com- 
manding officer of any such company, for the use of the 
same. 



CHAP. XLVIII. 

Resolve for distributing copies of the Act for the Separation 

of Maine from Massachusetts Proper, 

June 19th, 1819. 

Resolved, That the Secretary of this Commonwealth be 
directed to cause to be printed, two thousand copies of the 
9 



66 RUSSELL AND GARDNER.— JMwe 19, 1819. 

report of the Committee on the subject of the Separation of 
the DivStrict of Maine from Massachusetts Proper, and the 
act which has passed the present session, in relation there- 
to, and have the same forwarded, as soon as maybe, to the 
Slicriffs of the several counties, in the District of Maine, 
in the proportion following, viz. : The County of York shall 
he entitled to receive three hundred and fifty copies ; the 
County of Lincoln, three hundred and fifty ; the County of 
Cumberland, three hundred and fifty ; the County of Han- 
cock, two hundred and twenty; the County of Washington, 
one hundred ; the County of Kennebec, two hundred and 
fifty; the County of Somerset, one hundred and twenty; the 
County of Oxford, one hundred and fifty ; the County of 
Penobscot, one hundred and ten. And it shall be the duty 
of the several Sheriffs of the counties aforesaid, respective- 
ly, immediately on receipt thereof, to distribute the said 
report and act, among the several towns and plantations, 
within their respective counties, as near as may be, in pro- 
portion to their population ; provided, every town and plan- 
tation shall, at least, have one copy ; and it shall be the 
duty of the Selectmen of the several towns, and the As- 
sessors of the several plantations, in said District, at the 
meetings, to be called on the fourth Monday of July next, 
in pursuance of said act, to cause the same, together with 
the said report, to be read at the opening of their respective 
meetings, on the said day. 

Resolved, That the Secretary be directed to cause a 
suitable blank form, for the return of votes, on the question 
of separation, to be prepared, and to have the said form 
printed, and distributed with the act and report, aforesaid. 



CHAP. XLIX. 

Resolve to pay Russell §* Gardner. June 19th, 1819. 

The Committee on Accounts, on the representation of 
Russell & Gardner, printers for Benjamin Russell, printer 
to the State, report the following resolve. 

E, HOYT, Per Order. 



WARD LOCKE.— CLERKS; kc-^July 19, 1819. 67 

Mesolved, That there be allowed and paid, out of the 
treasury of this Commonwealth, to Russell & Gardner, the 
sum of three thousand and thirty dollars, for printing for 
Benjamin Russell, printer for the fetate, to this day. 



CHAP. L. 

Resolve to jiaij Ward Lode, Assistant to the Messenger of 
the Governor and Council. June 19th, 1819. 

Resolved, That there be allowed and paid, from the 
-treasury of this Commonwealth, unto Ward Lock, Assistant 
to the Messenger of the Governor and Council, two dollars 
and fifty cents, for each and every day he has been or may 
be employed, in that capacity, during the present session of 
the Council. 



CHAP. LL 

Resolve to pay the Clerics of the Senate and House of Rep- 
resentatives, June 19tli, 1819. 

The Committee of both Houses, appointed to consider 
and report what compensation shall be made to the Clerks 
of the two Houses, the present political year, having at- 
tended that business, ask leave to report, by a resolve. 

J. HUNEWELL, Per Order, 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the Clerk of the Senate, 
and Clerk of the House of Representatives, each, the sum 
of five hundred and forty dollars; and to the Assistiint 
Clerk of the Senate, and Assistant Clerk of the House of 
Representatives, each, the su^n of three hundred and sixty 
dollars, in full for their services, the present political year. 
One third part of the above sum, to be paid at the end of 



68 THOMAS WALCUTT.— Jw^e 19, 1819. 

the first session, and the remaining two thirds, at the end 
of the last session of the Legislature ; and the Governor iS' 
requested to draw his warrant accordingly. 



CHAP. LII. 

Resolve to pay Thomas Walcutt. June 19th, 1819. 

Resolved, That there be allowed and paid to Thomas 
Walcutt, a Clerk in the Lobbies, for the assistance of the 
]V1 embers of the Legislature, seventy-five dollars, in full, 
for his services, during the present session of the General 
Court. 



ROLL, No. 81 JUNE, 1819. 



THE Committee on Accounts, having exam- 
ined the several accounts, they now present, 

Report, That there is now due to the corporations 
and persons, hereafter mentioned, the sums set to 
their names, respectively ; which, when allowed and 
paid, will be in full discharge of the said accounts, 
to the several dates therein mentioned ; which is 
respectfully submitted. 

E. HOYT, Per Order. 



PAUPER ACCOUNTS. 

Abington, for boarfl and clothing Thomas Sey- 
mour, to 29th May, 1819, 33 50 

Arundel, for board and funeral charges of Henry 
Rolf, S6 00 

Anson, for supplies for the family of William 

James, to 5th March, 1819, 22 50 

Atjgusta, for board, clothing, nursing and doctor- 
ing sundry paupers, to 1st June, 1819, 94 55 

Attleborough, for support of Joseph Barnard, to 

23d May, 1819, 35 55 

Adams, for support of sundry paupers, to 13th 

May, 1819, 184; 30 



70 PAUPER ACCOUNTS. 

Ashby, for support of Rebecca Wilkins, to ISth 

February, 1819, 110 Ig 

Ashburnham, for support of Sake Franklin, to 1st 

March, 1819, 103 ly 

Amherst, for support of sundry paupers, to 15th 

May, 1819, 82 8S 

Alfred, for support of sundry paupers, to 15th 

June, 1819, 108 33 

Bridgewater, for support of sundry paupers, to 

4th June, 1819, 113 43 

Brooksville, for support of widow Low, and six 
children, and removing them out of the Com- 
monwealth, 69 00 

Boxborough, for board and clothing John McCoy, 

to 33d April, 1819, 6/ SO 

Blandford, for support of sundry paupers, to 30th 

May, 1819, 69 87 

Brookfield, for board and clothing Jonas Benter, 
to 10th May, 1819, and board, nursing and doc- 
toring Robert Campbell, to August, 1818, 71 54i 

Beverly, for support of sundry paupers, to 1st 

June, 1819, 136 86 

Brighton, for board, clothing and doctoring John 

J. Baker, to 1st March, 1819, 94 30 

Bethel, for board and clothing William Buck, to 

18th May, 1819, 95 00 

Baldwin, for board, clothing, doctoring and nurs- 
ing Daniel Hickey, to 1st May, 1819, 37 96 

Bath, for board, clothing, nursing and doctoring 
sundry paupers, anrd funeral charges of Adam 
Wolf, 31st May, 1819, 113 50 

Bradford, for support of Joshua L. Alsans, and 

Doctor's bill, to 1st June, 1819, 38 75 

Belchertown, for board and clothing sundry pau- 
pers, to 38th May, 1819, 106 73 

Bellingham, for board, clothing and doctoring Na- 
than Freeman and wife, to 33d May, 1819, 133 85 



PAUPER ACCOUNTS. 71 

Belfast, for board, clothiug, nursing and doctor- 
ing William Blackstone, his wife, and four chil- 
dren, and Keene West's family, and funeral 
charges of said W. Blackstone, 1st June, 1819, 428 SS 

Berwick, for support of Saviah Stackpole and 
Lemuel Pierce, until the death of Pierce, and 
removal of S. Stackpole, including funeral and 
removing charges, 40 04 

Boxford, for support of Mehitable Hall, to 3d 

June, 1819, 120 00 

Boston, for support and funeral charges of sundry 

paupers, to 30th April, 1819, 8088 24 

Chester, for support of sundry paupers, to 23d 

May, 1819, 92 00 

Carver, for board and clothing Martin Grady, to 

1st January, 1819, 116 00 

Carlisle, for board, clothing and nursing Robert 

Barber, to 24th May, 1819, 26 22 

Cape Elizabeth, for support of sundry paupers, to 

20th May, 1819. 85 00 

Charlemont, for board, clothing, nursing and doc- 
toring John Walcott, in September and October 
last, 14 50 

Cheshire, for board and clothing sundry paupers, 

to 28d May, 1819, 185 32 

Charlestown, Jgor board, clothing and doctoring 

sundry paupers, to 3d June, 1819, 634 5S 

Concord, for board and clothing sundry paupers, 
including Doctor's bills and medicine, to 1st 
June, 1819, 295 50 

Canton, for support of James Amblard and family, 

and funeral charges, 9th June, 1819, 204 41 

Colerain, for board, clothing and nursing Richard 
llines, and supplies for Lydia Cromack and 
three children, to 21st May, 1819, 124 90 

Conway, for board, and clothing, and nursing 

Hannah McNeal, to 23d May 1819, 72 68 



ysi PAUPER ACCOUNTS. 

Camden, for board, clothing, doctoring and nurs- 
ing John Bloom and Richard Conway, to SSd 
May, 1819, 54 26 

Chelmsford, for support of sundry paupers, to 1st 

January, 1819, 118 80 

Cumington, for board and clothing John Lamson, 

to S5th May, 1819, 79 50 

Cushiog, for board, clothing and nursing Mary 

Henderson, to 36th May, 1819, 59 35 

Chesterfield, for board and clothing Adam Ham- 
ilton, Rachel Polly and Sarah Polly, to 1st 
June, 1819, 69 55 

Deerfield, for board and nursing Daniel Allis, to 

19th May, 1819, 12 00 

Dalton, for board, clothing and nursing Phebe 

Veets, to 20th May, 1819, 31 62| 

Durham, for board and clothing Samuel Demerit, 
Asa Demerit and Jonathan Demerit, to 1st June^ 
1819, 217 20 

Dartmouth, for board and clothing xVnn Carter, to 

22d May, 1819, 94 27 

Danvers, for support of sundry paupers, to 25th 

May, 1819, 957 20 

Enfield, for board and clothing Deborah Butter- 
worth, to 25th May, 1819, 55 33 

Elliot, for board and clothing Jacob Brewer and 

Abigail Randall, to 1st June, 1819, 47 29 

Edgarton, for board, clothing and nursing James 
Peters, Anthony Chadwick, and Emanuel Sal- 
vara, to 27th May, 1819, 217 45 

Fairfax, for support of Mehitable Carter and 

three children, to l6th January, 1819, 15 00 

Greenfield, for support of John Rowland and 

John Kip to their death, 99 72 

Gloucester, for support and supplies of sundry 

paupers, to 10th May, 1819, 643 60 



PAUPER ACCOUNTS. ys 

Guardians of Dudley Indians, for supplies for 

said Indians, 176 6<i 

Gill, for support of Nathaniel Nichols, William 
Fisk and Sarah Lyons, including board, 
clothing, nursing and doctoring, and funeral 
charges of said Nichols, S9th May, 1819, 146 96 

Grafton, for board, clothing, nursing and doc- 
toring and funeral charges of Submit x'Vwan- 
simug ; and Doctor's bill for Benjamin White, 43 05 

Gorhara, for board and clothing Robert GilfiU- 

ing, to 31st May, 1819, S7 43 

Greenwich, for board, clothing, nursing and 
doctoring Lot Lee and John P. Jones, to S5th 
May, 1819, 121 Q5 

Granville, for boarding and clothing Simon Hoff- 
man ; boarding, clothing and doctoring and 
funeral charges of George Taylor ; boarding, 
clothing, nursing and doctoring Sally Stuart 
and Henry Myers, to 1st June, 1819, 109 34 

Great Barrington, for support of sundry paupers, 

Srtli May, 1819, 119 05 

Hancock, for support of Hannah Wynn, to 24th 
May, 1819 ; and board, clothing, and funeral 
charges of Rebecca Osborn, 114 00 

Holland, for board and clothing Jonathan Hill, to 

13th May, 1819, 26 76 

Harlem, for board and clothing William Youlio, 

to 10th May, 1819, 33 77 

Hopkinton, for board, clothing, doctoring and 

nursing Wd. Cook, to 1st June, 1819, 120 00 

HoUis, for support of Joseph Temple, to 1st 

May, 1819, 156 00 

Hamilton, for board, clothing and medicine for 

Alice Cook, to 5th April, 1819, 58 30 

Hallow ell, for support of sundry paupers, to 1st 

June, 1819, S88 40 

10 



74* PAUPER ACCOUNTS. 

Haverhill, for board and clothing Maria Peasly, 
Sarah Ann Peasly, and Franklin Peasly, to 
2d January, 1819, 9^ S& 

Harvard, for support of Edward Swain, 73 5i 

Hardwick, for board and clothing Hannah Mor- 
gan, to 1st June, 1819 ; and John P. Jones, 
and funeral charges, 80 88 

Hawley, for board, clothing, nursing and doc- 
toring James Taylor and family, in 1818, 160 39 

Hanover, for support of Mary Ann Tufts, to 15th 

June, 1819, and ofWilliamAshmau till his death, 177 95 

Jay, for board, clothing, nursiog and doctoring 
Elizabeth Bell and Daniel Holland, to 19th 
May, 1819, 41 20 

Lenox, for support of sundry paupers, to 24th 

May, 1819, 160 18 

Leyden, for support of sundry paupers, to 2ist 

May, 1819, 94 04 

Littleton, for board, nursing and doctoring Prince 

Brewster, to 1st March, 1819, SO 50 

Lynn, for board and clothing sundry paupers, to 

30th May, 1819, 308 00 

Longmeadow, for support of sundry paupers, to 

21st May, 1819, 78 16 

Lanesborough, for support of sundry paupers, to 

Slst May, 1819, 123 00 

Lee, for support of sundry paupers, to 23d May, 

1819, 198 24 

Litchfield, for board and clothing Jerusha 

Twombly, to 19th May, 1819, 62 00 

Lincolnville, for board, clothing, doctoring and 
nursing Alexander" White and Edward Oram, 
to 27th May, 1819, 56 50 

Leeds, for board and clothing Richard Creech, 
and board, clothing, nursing and doctoring 
N^icholas Tallier, to 24th May, 1819, 131 27 



PAUPER ACCOUNTS. 75 

Middleborougli, for board, clothing and doctor- 
ing sundry paupers, to 1st April, 1819, 75 01 

Manchester, for boarding and clothing Abraham 

Gloss, to 30th May, 1819, 39 00 

Milton, for board and clothing Archibald Mc- 
Donald, to 2d June, 1819, 67 60 

Monson, for board, clothing, doctoring, nursing 

and funeral charges of James Worthington, S5 95 

Marblehead, for board and clothing sundry pau- 
pers, to Sd June, 1819, 113 39 

Montgomery, for board, clothing and doctoring 

Moses Conair, to 6th June, 18 i 9, 30 10 

Monmouth, for board and clothing Peggy Mag- 

ner, to 1st June, 1819, 18 64! 

Medfield, for board, clothing and doctoring George 

Turner, to S5th November, 1818, 67 00 

Minot, for support of sundry paupers, to 15th 

May, 1819, 160 76 

Machias, for support of three Indian paupers, to 

S8th May, 1819, 69 30 

Northfield, for board and clothing Amos Riley, to 

23d May, 1819, 26 06 

Newbury, for support of sundry paupers, to 1st 

June, 1819, 718 73 

Newburyport, for board and clothing sundry pau- 
pers, to 31st May, 1819, 559 61 

North Yarmouth, for board, clothing, doctoring 
and nursing George Young, and supplies for 
Stephen Greely, to 25th May, 1819, 44^ 49 

New Salem, for board, clothing, nursing and doc- 
toring Philip Haven, to 3d April, 1819, 80 59 

Nantucket, for support and funeral charges of Jo- 
seph Wheaton, 32 12 

New Bedford, for support of sundry pauperS; to 

ist April, 1819, 573 8§ 



76 PAUPER ACCOUNTS. 

Norwich, for supplies for Hath Sandford, to 1st 

June, 1819, 3 00 

Northampton, for support of sundry paupers, to 

21st May, 1819, 138 77 

Palmer, for support of William Mendon and 

wife, to 22d May, 1819, 121 50 

Phipsburgh, for boarding Jacob Wheeler, to 31st 

May, 1819, 73 00 

Pepperell, for support of Robert B. Minelien and 

David Smith, to 21st May, 1819, 67 31 

Pembroke, for boarding and clothing Eliza Jack, 

to 18th April, 1819, * 15 33 

Pittsfield, for board, clothing, nursing and doctor- 
ing sundry paupers, to 1st June, 1819, 365 7^ 

Plymouth, for support of sundry paupers, to 31st 

May, 1819, 393 94? 

Palermo, for board and doctoring Rachel Chase, 

to 1st June, 1819, 45 77 

Portland, for support of sundry paupers, and fune- 
ral charges of three, to 1st June, 1819, 1302 82| 

Richmond, for support of sundry paupers, to 18th 

May, 1819, ^^5 25 

Rehoboth, for supplies for John Solomon and 
family, and Rosanna Freeman and child, to 
1st January, 1819, 124 60 

Readfield, for board and clothing Edward Bur- 
gess and Colin Cameron, to 22d May, 1819, 125 71 

Randolph, for support of William Read, to 3d 

June, 1819, 37 57 

Roxbury, for support of sundry paupers, to 3d 

June, 1819, 215 89 

Rowley, for support of John Drew and Wd. Col- 
lins, to 21st May, 1819, 106 51 
Shrewsbury, for support of George Tilmore, to 

41th May, 1819, 14 21 



PAUPER ACCOUNTS. 77 

Southwick, for support of George Reed, to 1st 

June, 1819, 67 20 

Southbiidge, for boarding, clothing and doctoring 

London Derry, to IStli May, 1819, 75 45 

Saco, for support of Mrs. Dormore and four chil- 
dren, to 15th May, 1819, and funeral charges 
of John Dormore, 150 60 

Sandisfield, for board, clothing and doctoring 
Richard Dickson and family, and boarding and 
nursing Hannali Wilcox, to 20th May, 1819, 5o 78 

Swanzey, for support of James Carnet, Susanna 
Boston, Sarah and Frances Boston and Math- 
er Desnaps, to 22d May, 1819, 85 75 

Shelburne, for board, nursing, doctoring and cloth- 
ing Mary Bates, and Olive Bates and child, to 
20th May, 1819, Q5 20 

Sedgwick, for support of Miriam Low and family, 
to 20th May, 1819, 77 47 

Sandv/ich, for support of Esther Raymond, to 

21st May, 1819, 39 00 

Sutton, for support of two children of Isabella 
Santee, and two children of Polly Volentine, 
to 24th May, 1819, 48 73 

Seekonk, for board, nursing and doctoring Thom- 
as Peck and Mary Peck, to 22d May, 1819, 128 67 

Stockbridge, for support of sundry paupers, to 1st 

June, 1819, 485 16 

Spencer, for support of Thomas Humphrey and 

wife, and John Landers, to 6th June, 1819, 217 03 

St. George, for board and clothing Robert Hows, 

to 30th May, 1819, 23 10 

South Berwick, for board and clothing Lemuel 
Wordworth, and an infant child of Mary Stack- 
pole, to 20th May, 1819, 122 11 

Scituate, for board and clothing John Woodward 
and Samuel P. Jones, to 23d March, 1819, 31 80 



78 PAUPER ACCOUNTS. 

Salem, for support of sundry paupers, to 2d June, 

1819, 2911 96 

Springfield, for sundry paupers, committed to 

gaol, to 19th May, 1819, 99 80 

Taunton, for board and clothing, nursing and doc- 
toring sundry paupers, to 31st May, 1819, and 
funeral charges, 478 li 

Uxbridge, for support of Philip 3 enks and children, 
to 23d May, 1819, and support and funeral 
charges of I). Mitchell, 55 25 

Vassalborough, for support of Abigail Fairbrother 

and James Brown, to 7th June, 1819, 43 87 

Westbrook, for support of sundry paupers, to 8th 

May, 1819, 346 00 

Wareham, for boarding and clothing William 

Long, to 27th May, 1819, 24 90 

Westfield, for support of sundry paupers, to 1st 

June, 1819, 111 74 

Waldoborough, for board, clothing, nursing and 

doctoring Philip Handle, to 1st June, 1819, 39 00 

Westborough, for board and clothing John Doni- 

van and Dina, to 7th June, 1819, ISl 75 

Wiscasset, for board, clothing, doctoring and 
nursing Joseph Wells, Junior, and Jane Foy, 
and support of John York and John Laha, to 
to 20th May, 1819, ' 110 27 

Winthrop, for board, clothing and funeral charges 
of William Gasket, and board, nursing and 
doctoring James McGuire, to June, 1818, 84 95 

Worcester, for support of sundry paupers, to 1st 

June, 1819, 106 71 

West Springfield, for support of sundry paupers, 

to 1st May, 1819, 87 42 

Westford, for board, clothing and doctoriqg James 

Pierce, to 10th June, 1819, 20 24 



MILITARY ACCOUNTS. 79 

Warren, for support of sundry paupers, to S7th 

May, 1819, 117 00 

Westhampton, for board and clothing Lemuel 
Culver and wife, and John Gay and wife, to Sd 
June, 1819, 50 08 

Williamstown, for support of sundry paupers, to 

24th May, 1819, i31 96 

West Stockbridge, for support of sundry paupers, 

to 14th May 1819, 87 34 

Western, for board, clothing and doctoring Robert 

Campbell and Robert Smith, to 20th May, 1819, 93 37 

Westport, for support of sundry paupers, to 20th 

May, 1819, 222 71 

Williamsburgh, for support of Benjamin Cantrell, 

to 25th May, 1819, 86 00 

Worthington, for support of sundry paupers, to 

22d May, 1819, S2 65 

Wayne, for board and clothing Joseph Richards 

and wife, and Peter Fisher, to 20th May, i819, 220 00 

Whately, for boarding Benjamin Mather, and 

Mrs. Bacon, to 31st May, 1819, 45 30 

Wade, Thomas, Keeper of house of correction, in 
the County of Essex, for board and clothing 
sundry persons, to 7th June, 1819, including al- 
lowance made by Court of Sessions, 311 29 

York, for support of sundry paupers, to 29th May, 

1819, 217 61 



Total Pauper Accounts, S 32543 37 



MILITARY ACCOUNTS, 

Courts Martial, and Courts of Inquiry, S^c. 

William H. Sumner, for expense of a Court of 
Inquiry, held at Parsonsfield, 4th May, 1819, 
in the 5th Division, Brigadier Greneral John 
McDonald, President, 157 24 



80 MILITARY ACCOUNTS. 

Simou Fogg, for expense of Court Martial, held 
at Alfred, 8tb December, 1818, in tlie 6th Divi- 
sion, Colonel John Spring, President, 319 li 

Simon Fogg, for expense of Court Martial, held 
at Alfred, 22d December, 1818, in the 6th Divi- 
sion, Colonel John Spring, President, 187 86 

Simon Fogg, for expense of Court Martial, held 
at Alfred, 28th December, 1818, in the 6th Divi- 
sion, Colonel John Spring, President, 235 18 

Nathaniel Wilder, Junior, for expense of Court 
Martial, held at Plymouth, 12th May, 1818, in 
the 5th Division, Brigadier General Benjamin 
Lincoln, President, 223 10 

Thomas Grilbert, for expense of Court Martial, 
held at New Salem, 19th January, 1819, in the 
4th Division, Colonel Asa Rowland, President, 323 88 

John F. Wood, for expense of Court Martial, held 
at Readfield, 6th April, 1819, in the 8th Divi- 
sion, Colonel Daniel Beal, President, 225 35 

Josepli Treat, for expense of Court Martial, held 
at Bangor, 12th January, 1819, in the 10th Di- 
vision, Colonel John G. Dean, President, 181 19 

John Scott, for expense of Court Martial, held at 
Haverhill, 23d March, 1819, in the 2d Brigade, 
Sd Division, Colonel Charles White, President, 164 86 

i?ohn W. Smith, for expense of Court Martial, 
held git Portland, 9th December, 1818, in the 
12th Division, Colonel William Dunn, Presi- 
dent, 124 21 



Total, 32130 95 



MILITARY ACCOUNTS. SI 



Brigade Majors and Aids-de-Camp. 

John Frost, to 1st January, 1819, 6th Division, 
Thomas D. Robinson, to 20th May, 1819, 11th 

Division, 
John W. Smith, to 23(1 November, 1819, Sd 

Brigade, 12th Division, 
James Starr, to 4th December, 1818, 1st Brig 

ade, 13th Division, 
Elisha Tobey, to 28th December, 1818, 2d Brig- 

ade, 5th Division, 
George Wheelwright, to 26th May, 1819, 1st 

Brigade, 6lh Division, 
John F. Woods, to 29th May, 1819, ist Brigade, 

8th Division, 
William R. Ware, to 15th March, 1819, 10th Di 

vision, 

Total, S648 17 



Brigade Quarter Masters, 

Nathan Ames, 1st Brigade, 11th Division, for 

1818, 16 50 

Samuel Brastow, 2d Brigade, 1st Division, to 

30th September, 1818, 13 35 

Samuel C. Falcs, 2d Brigade, 5th Division, for 

1817 and 1818, 44 60 

Freeman Foster, 3d Brigade, 5th Division, for 

1818, 10 90 

Sylvanus Maxwell, 2d Brigade, 4th Division, for 

1818, 38 25 

Elias Phinney, 1st Brigade, 3d Division, for 1818, 29 50 
Asa Phillips, 2d Brigade, 8tli Division; to 25th 

May, 1819, 17 50 

11 



74 42 


i 

52 50 

1 


31 45 


93 57 


88 13 


28 22 


> 

59 15 


220 74 



8S MILITARY ACCOUNTS. 

John Huss, 1st Brigade, 3d Division, for 1818, 36 00 
Joseph Stimpson, 2d Brigade, 6th Division, for 

1818, 17 30 

Nathaniel Thomes, Sd Brigade, 13th Division, 

for 1818, 8 45 



Total, S333 25 



Adjutants. 

Josiah Avery, Cavalry, 1st Brigade, 3d Division, 

to 5th February, 1819, 64 89 

Asahel Billings, 4th Regiment, 2d Brigade, 4tli 

Division, to 28th April, 1819, - 2Q 97 

Edward E. Bourne, Artillery, 1st Brigade, 6th 

Division, to 20th May, 1819, 7 16 

Benjarain Barnett, 4th Regiment, 2d Brigade, 7th 

Division, to 8th September, 1818, 23 29 

Hira Bradford, Artillery, 1st Brigade, 13th Divi- 
sion, to 20th May, 1819, 17 4'9 

Calvin Buckman, Cavalry, 1st Brigade, 13th Di- 
vision, to 3d May, 1819, 10 78 

Thomas Crane, 2d Regiment, 2d Brigade, 1st Di- 
vision, to l6th November, 1818, 34 54 

Jesse Clement, 5th Regiment, 2d Brigade, 2d Di- 
vision, to 10th March, 1819, 9 64 

Wyllys Carter, 5th Regiment, 2d Brigade, 4th 

Division, to April, 1819, 31 85 

Leonard Cary, 1st Regiment, 1st Brigade, 7th 

Division, to 8th February, 1819, 16 00 

Joseph Clarke, 3d Regiment, 2d Brigade, 8th Di- 
vision, to January, 1818, 14 00 

Daniel Clarke, Cavalry, 1st Brigade, 12th Divi- 
sion, to 5th June, 1819, 21 41 

William Draper, 1st Regiment, 2d Brigade, 3d 

Division, to 19th May, 1819, 26 62 



MILITARY ACCOUJNTS. 83 

Samuel Eells, Sd Regiment, 1st Brigade, 5tli Di- 
vision, to Gth February, 1819, 52 80 

Samuel Farnsworth, 2d Regiment, 1st Brigade, 

12th Division, to May, 1819, 58 00 

Moses Gragg, 1st Regiment, 2d Brigade, 1st Di- 
vision, to 1st April, 1819, 97 ^9 

Elias Groodspeed, Artillery, Sd Brigade, 4th Di- 
vision, to May, 1819, 18 11 

.lohn C. Hoyt, 2d Regiment, Sd Brigade, 4tli Di- 
vision, to 23d April, 1819, 14 36 

Joseph Haskell, Cavalry, to 20th January, 1819, 46 30 

Philip P. Hathaway, 5tii Regiment, 2d Brigade, 

5th Division, to May, 1819, 21 48 

Daniel Hasty, 2d Regiment, 2d Brigade, 12th Di- 
vision, to 1st June, 1819, 35 71 

Moses Hammond, 1st Regiment, 1st Brigade, 13th 

Division, to 8th September, 1818, 42 28 

Hophni Judd, Artillery, 2d Brigade, 4th Division, 

to July, 1818, 10 00 

Ivory Jefferds, 4tli Regiment, 1st Brigade, 6th Di- 
vision, to 31st May, 1819, 14- 10 

Nathaniel Libbey, 2d Regiment, 2d Brigade, 6th 

Division, to 25th January, 1818, 21 35 

Porter Lambert, 3d Regime»t, 2d Brigade, 6th 

Division, to June, 1819, 5 47 

John Lander, Artillery, 2d Brigade, 8th Division, 

to September, 1818, 20 03 

Sylvanus Pratt, Cavalry, 1st Brigade, 7th Divi- 
sion, to 4th January, 1819, 22 71 

George F. Richardson, Cavalry, 1st Brigade, 11th 

Division, to December, 1818, 31 49 

John Sturtivant, Cavalry, 2d Brigade, 5th Divi- 
sion, to OctoberJ^ 1818, 24 61 

Samuel Stacy, Cavalry, 1st Brigade, 6th Division, 
to 11th May, 1819, 21 3J 



84. MILITARY ACCOUNTS. 

Oliver Sewall, 5th Regiment, 1st Brigade, 8tli 

Division, to May, 1819, 17 95 

Benjamin Sewall, 1st Regiment, 2d Brigade, llth 

Division, to January, 1819, 95 97 

David Stanwood, 2d Regiment, 1st Brigade, llth 

Division, to January, 1819, 26 41 

Luther Spaulding, 3d Regiment, 1st Brigade, 7th 

Division, to 10th May, 1819, 6 88 

Thomas Wood, Sd Regiment, Sd Brigade, 5th Di- 
vision, to ISth January, 1819, 134 71 

David Wilder, 1 st Kegiment, 3d Brigade, 7th Di- 
vision, to 14th May, 1819, S4 45 

William C. Wild, 1st Regiment, 1st Brigade, 8th 

Division, to 1st January, 1819, 30 09 

William Williams, 4th Regiment, 2d Brigade, 

8th Division, to May, 1819, 43 53 

Hugh Wilson, Artillery, 1st Brigade, llth Divi- 
sion, to 29th October, 1818, 28 64 



Total, JSI27O 71 



Expense for Horses to Haul Artillery, 

Bryant, Hezekiah, for 1818, 8 00 

Carr, Oliver, for 1817 and 1818, 10 00 

Fessenden, Ebenezer Junior, for 1818, 5 00 

Hemmenway, Adam, for 1818, 15 00 

Hinsdale, Theodore, for 1817, 8 31 

Johnson, Abraham, for I8I7 and 1818, 10 00 

Lee, Charles, for 1818, 10 00 

Lynn, William, for 1818, 8 00 

Lincoln, Henry, for 5th January, 1819, 3 75 

Perkins, Samuel, for 1818, 5 00 

Rider, John B. for 1818, 5 00 

Richmond, Leonard, for 1817, 8 00 



SHERII'FS' AND CORONERS' ACCOUNTS. 85 

Whitney, Samuel, for 1818, 5 00 

Welch, Edward, for 1818, 5 00 





Total, 


B106 06 


Courts Martial, &c. 




S130 95 


Brigade Majors, &,c. 




648 17 


Brigade Q^uarter Masters, 




233 25 


Adjutants, 




1270 71 


For Artillery Horses, 




106 06 



Total Military, S4388 14 



SHERIFFS' AND CORONERS' ACCOUNTS. 

Cooper, John, Sheriff of Washington County, for 
distributing precepts, and returning votes, to 
6th April, 1819, 95 50 

Davis, Wendell, Sheriff of Barnstable County, 

for returning votes, to May, 1819, ^ 80 

Hall, Joseph, Sheriff of Suffolk County, for sun- 
dry charges as Keeper of the gaol, to 3d June, 
1819, 330 31 

Hoyt, Epaphras, Sheriff of Franklin County, for 

returning votes, to 24th May, 1819, 8 00 

Lyman, Joseph, Sheriff of Hampshire County, for 

returning votes, &c. to 8th June, 1819, 56 00 

Phelps, John, Sheriff of Hampden County, for 

returning votes, &c. to xVlay, 1819, 36 60 

Robbins, Chandler, Sheriff of Kennebec County, 

for returning votes, &c. to 2d Jane, 1819, 86 60 

Thatcher, Samuel, Sheriff of Lincoln County, for 

returning votes, &e. to 1st June, 1819, 67 00 

Worth, Jethro, Sheriff of Dukes' County, for re- 
turning votes, to 1st June, 1819, 25 00 



86 • PRINTEUS' ACCOUNTS. 

Watson, George, Sheriif of Hancock County, for 

returning votes, &c. to 1st June, d819, 70 00 

Glover, Benjamin, Coroner of Nantucket County, 
for an inquisition on the body of a stranger, and 
funeral charges, 20 90 

Kingsbury, Aaron, Coroner of Norfolk County, 

for an inquisition on the body of a stranger, 15 00 

Young, Asa, Coroner of Barnstable County, for 
an inquisition on the body of a stranger, and 
funeral charges, 18 79 

Stevenson, Thomas, Coroner of Suffolk County, 
for taking inquests on the bodies of several 
strangers, and funeral charges, to June, 1819, 121 08 



Total, JS955 48 



PRINTERS' ACCOUNTS. 

Thomas C. Cushing, for publishing the laws, to 

June, 1819, 16 67 

Young and Minns, for publishing the laws, to 

June, 1819, 16 67 

Ballard and Wright, for publishing resolves, &c. 

to June, 1819, 13 75 

Benjamin Lindsey, for publishing laws, &c. to 

May, 1819, 16 67 

Thomas W. Shepherd and Co. for publishing 

laws, for the year 1818, 16 67 

Charles Webster, for advertising laws, to June, 

1819, 10 00 

Joseph T. Buckingham, for printing laws, to 

June, 1819, 24 50 

Total, S113 93 



MISCELLANEOUS ACCOUNTS. 87 

Burtlitt, James W. for stationary furnished the 

government, to 17th June, 1819, Sll 38 

Bryant, Nathaniel, for two hat trees, to June, 

1819, 16 00 

Brown, Abel, for engraving plate, to June, 1819, 35 00 
Bacon, Henry, for assisting the Messenger of the 

General Court, to l9th June, 1819, 65 00 

Chase, Warren, for assisting the Messenger of 

the General Court, to 19th June, 1819, 65 00 

Easte, Caleb, for going on express to Dracut, 

May, 1819, 11 00 

Foster, Moses B. for printing State Notes, and 

paper, June, 1819, 9 00 

Francis, Mary, for services of her son Joseph, as 

Page to the House of Representatives, to 19ih 

June, 1819, 27 50 

Kuhn, Jacob, for balance of his account, to 19th 

June, 1819, 40 99 

Low, Lewis, for assisting the Messenger of the 

General Court, to 19th June, 1819, 37 50 

Low, John V. for assisting the Messenger of the 

General Court, to 19th June, 1819, 57 50 

Snelling and Durant, for repairs on the State 

House, June, 1819, 40 50 

Thomson, James, for sundry repairs on the State 

House, June, 1819, 147 43 

Vose, Isaac and Son, for cushions, for Senate 

Room, 16th June, 1819, 70 00 

Gragg, Samuel, for twelve bamboo chairs, for 

Couucil Chamber, June^ 1819, 24 00 



Total, S857 79 



87 KESOLVE TO ROLL NO. 81. 

Aggregate of Roll, No. 8L 

Expense of State Paupers, 325'iS 2.7 

" of Militia, 4388 14? 

<* of Sheriffs and CoronerS; 955 48 

" of Printers, 113 93 

of Miscellaneous, 857 79 



i( 



Total, S38858 71 

llesolved, That there be allowed and paid, out of the 
public treasury, to the several corporations and persons, 
mentioned in this roll, the sums set against such corpora- 
tions and persons' names, respectively ; amounting, in the 
whole, to thirty-eight thousand, eight hundred and fifty- 
eight dollars and seventy one cents; the same being in full 
discharge of the accounts and demands to which they refer. 

June 18th, 1819 Approved, 

J. BROOKS. 



COMMONWElALTH OF MASSACHUSETTS. 



secretaht's offick, august 18, 1818. 

BY this, I certify, That the Resolves, contained in this pamphlet, passed at the session of the 
General Court, in May and June, 1819, have been compared with the originals in this Office, and 
appear to be correct. 

ALDEN BRADFORD, Secietaiy of the Commonwealth. 



•, 



INDEX 



TO RESOLVES, PASSED AT THE SESSION OF THE GENERAL COURT, 
WHICH COMMENCED 26th MAY, 1819. 



A. 

ADAMS, Boylston, grant to, for injury done his horse, - - 52 

Augusta, South Parish, Assessors authorized to call a Meeting, - 46 

B. 

Bank, Agricultural, at Pittsfield, compensation to the Committe on 

the concerns of, --.-.-_.. go 

Belmont, their proceedings made valid, - - - - - 46 
Beverly, the Pension of Israel Morgan to be paid the Overseers of 

the Poor of, 40 

C. 

Cleaves, Sarah, authorized to execute Deeds, - - - - 44 

Clerks of the General Court, pay fixed, ----- 67 

" in the several State Offices, pay fixed, - - - - 64 

Committee to view Sandy Bay Pier, and report, - - - 41 

" on proceedings of the Agricultural Bank, in Pittsfield, - 60 

" on Accounts, pay allowed, - - - - - 61 

" « Roll, No. 81, 69 

Council, pay of the Members of, .-.._- 40 

Court, General, pay of the Members of, - - - - » 40 

« " " « Clerks of, 67 

« " " « Messenger of, 59 

" Supreme Judicial, Term at Castine adjourned to September, 41 
" " " " '^ in September, may be 

held by one Justice, - 42 

Cumberland, the choice of an additional Notary, provided for, - 43 

Cummings, James, and Susannah Willard, their Marriage made valid, 60 

Cushing, their Meetings and proceedings made valid, - - 42 



INDEX. 



D. 



Deaf and Dumb, provision for Instruction of, - - - - - 6S 
Doyle, David M. Guardian to certain Minors, authorized to demand 
the Legacy given them, by the Will of J. Smith, - - - 47 

E. 

Essex, Town of, doings confirmed, - " - - - - 49 

F. 

Flagg, Samuel, and others, certain rights and privileges extended, 57 
Forms of Returns of Votes given on Elections, to be printed, and 

sent to the towns, ......... 5^ 

Form of Return of Votes on Separation, ----- 66 

Freeport, Baptist Society in, doings confirmed, - - - - 44 

G. 

Gilbert, Clarissa, grant to, ------- 60 

Gimbee, Lucy, the Trustee of the Grafton Indians to pay money for 
the support of, - - - - - - - - - -50 

Gott, Joseph, allowed %5A 93, for support of M. Antonio, - - 58 
Greenough, David, Firewards of Boston may permit a Livery Stable 
to be continued, ---------45 

Governor, his Speech, -------- 27 

" " Answer from the Senate, - - - - 31 

« « « « House, - - - - 34 

" his Message, announcing the death of Major General Good- 
win, of the 5th Division, ------ 48 

" requested to give notice to Parents or Guardians of Deaf 

and Dumb Persons, of the provision for their Instruction, 63 

I. 

Indians, Trustee of the Grafton, to expend money for the support of 
Lucy Gimbee, ------..-.50 

K. 

Kuhn, Jacob, Messenger to the General Court, pay established, - 59 
« " « « « « grant to, for Fuel, - 64 

L. 

Leominster, Assessors authorized to sign Rate Lists and Warrants, 49 
Lock, Ward, Assistant to the Messenger of the Governor and Coun- 
cil, pay granted, 67 



INDEX. 

M. 

Maine, District of, Secretary to have printed and forwarded, the 

Report and Act relative to the Separation of, - - - - 65 
Monmouth, to be reimbursed iglG, advanced for a sick Soldier, - 58 
Morgan, Israel, his pension to be paid to the Overseers of the Poor 
of Beverly, -- 40 

N. 
Newry, Town of, doings confirmed, 56 

O. 

Oxford County, the choice of an additional Notary, provided for, - 39 

P. 

Phillips, Town of, to be repaid, gll 83, ----- 53 
Printer, for the Commonwealth, appointed, - - - - - 59 
Printing, " pay granted Russell & Gardner for, 66 

Prison, State, appropriation for, -------53 

Q- 

Quarter Master General, Account settled, and further appropriation 
for his Department, .-._--. -62 

Quarter Master General, to deliver Drums, &c. to Companies, who 
lost theirs, during the late war, ----- . 65 

R. 

Raymond, doings of the Trustees of the School Fund, confirmed, - 56 

Russell, Benjamin, appointed State Printer, - - - - 59 

Russell and Gardner, pay for Printing, granted, - - - - 66 

S. 

Sandy Bay Pier, a Township granted to the Proprietors of, - - 55 

" Committee to view the Pier at, and report, - - - 41 

Sebeck, Secretary to deliver Books for, ----- 43 

Secretary, to have Blank Forms for the return of Votes, given on Elec- 
tions, printed and sent to the towns, - - - - - - 53 

Secretary, to publish and transmit the Resolve for adjourning the 

Term of the Supreme Judicial Court, at Castine, - - - 42 
Secretary, to have printed and forwarded the Report and Act, rela- 
tive to the Separation of Maine, - 65 

Secretary, to deliver Books for Sebec, 43 

Shirley, Town of, doings made valid, - - - - - - 48 

Society, Baptist, in Freeport, doings confirmed, - - - - 54 



INDEX. 

Sterling, Town of, doings confirmed, - - ... 50 

Suffolk County, Resolve for an additional Notary, repealed, - - 39 

T. 

Treasurer, directed to vest §50,000 in the United States Stock, 45 

" authorized, to borrow Money, 52 

" " to dispose of uncurrent Bank Bills, - ' 55 

W. 

"Walcutt, Thomas, pay granted, 68 

Washington County, choice of an additional Notary, provided for, 39 
Waugh, Sally, authorized to execute a Deed to William Sylvester, 

Junior, ---51 

Woolwich, doings of the First Parish confirmed, - - - ' 57 



RESOLVES 



THE GENERAL COURT 



Commontoealtl) t^fM^^^WW^ 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE TWELFTH OF JANUARY, AND 

ENDED ON THE TWENTY FIFTH OF FEBRUARY, ONE THOUSAND 

EIGHT HUNDRED AND TWENTY. 



Pii}>liBhed agreeably to a Resolve of 16(h Jannaiy, 1812 




BOSTON : 

PRINTED BY RUSSELL fy GARDNER, FOR BENJAMIN RUSSELL, 

PRINTER TO THE STATE. 

1820. 



RESOLVES 

OF THE 

GENERAL COURT OF MASSACHUSETTS^ 

PASSED AT THEIR SESSION, 

WHICH COJMMENCED ON THE TWELFTH DAY OF JANUARY, AND ENDED ON THE 
TWENTY FIFTH DAY OF FEBRUARY, EIGHTEEN HUNDRED AND TWENTY. 

GOVERNOR'S MESSAGE. 

REPRESENTATIVES' CHAMBER, JANUARY 13, 1820. 

The two Houses being in Convention, the Secretary qf the 
Commonwealth came doivnfrom the Council Chamber, to 
the Senate and House of Representatives, ivith the follow- 
ing Message from His Excellency the Gov&mor : 

MESSAGE. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

IN taking a survey of the present condition of 
the people of this Commonwealth, we find abundant 
reason for thankfulness to Almighty God, for the 
smiles of his Providence, in continuing to us the bless- 
ings of peace, of general health, and of civil and 
religious liberty. The seasons of the past year have 
been uncommonly favorable to vegetation, and our 
land, under the influence of improved cultivation, has 



90 GOVERNOR'S MESSAGE. 

yielded a rich increase. Many branches of import- 
ant manufactm-es, though laboring under discourage- 
ments, have reached a high degree of respectability. 
Through the medium of the several Agricultural So- 
cieties, and other correct sources of information, we 
learn, with satisfaction and pride, that the manufac- 
tures of the State are rapidly increasing ; and that, 
adapting themselves to the wants, the habits, and the 
circumstances of society, they are becoming, what is 
indispensable for their support and permanence, ob- 
jects of the people's partiality and choice. This 
important subject is now before the National Legis- 
lature ; and from their liberal and enlightened views, 
we may rest assured, that every degree of encourage- 
ment will be afforded to that branch of national in- 
dustry, not incompatible with the interests of the whole 
community. Those branches of manufactures, con- 
nected with national defence, merit preeminent re- 
gard ; and it would yield the highest satisfaction to 
the citizens of our country to learn, that competent 
provision was made for manufacturing all the essen- 
tials for the military defence of the nation. Parsimony 
in this item of expenditure, might prove more danger- 
ous than profusion. 

If, in some of the great departments of active and 
lucrative pursuit, especially navigation and commerce, 
many of our fellow citizens are suffering depression 
and embarrassment, our regret is tempered by the re- 
flection, that those evils are partial, and constitute a 
part of the price of the general peace of the world ; 
a peace, which, as it restored to nations their rights, 
and to individuals their occupations, compelled, in 
each, a reliance on their own respective resources. 
The transition of nations from a state of war to peace, 
must always prove disastrous to numerous individuals. 
At the termination of the late protracted war more 
especially, in the course of which, the habitual pur- 
suits of a large proportion of the people of the com- 



aoVERMOR'S MESSAGE. 91 

mercial world had been suspended, and they, either 
induced by patriotism, urged by hunger, or forced by 
power, were driven into the ranks as soldiers, extraor- 
dinary changes in the condition of individuals must 
have necessarily happened. Circumstances however, 
exert a salutary influence on nations and individuals. 
The tranquility of peace diminishes the incitements 
to uncalculating enterprize, and induces those habits 
which ensure the highest degree of general prosperity 
and happiness. 

The restoration of the relations of peace is not 
chargeable with all the deep embarrassments visible 
in the United States. They are domestic, and refer- 
rible to a spirit of bold and unbounded adventure, 
generated and elicited by specific causes. Over trad- 
ing has been wrongfully accused of producing the 
mischiefs complained of. It does not reach the origin 
of the evil. The facility of commanding funds, at 
once the incentive and the instrument of speculation, 
has been the primary source of our deepest calamities. 
No conceivable occurrence could have more com- 
pletely cherished that passion, than the sudden and 
profuse creation of capital. And it is not to be con- 
cealed, that numerous banks, in various sections of 
the United States, have been established, and allowed, 
or have assumed the ruinous privilege of issuing bills 
to an indefinite amount, without the means or the 
obligation to meet the payment of their jjaper in 
specie, on demand of the holder ; and have been 
governed, not by the sober maxims of a judicious po- 
litical economy, nor the dictates of a discriminating- 
self interest ; but by the spirit of legalized monopoly, 
and the insatiable cravings of inordinate speculation. 
The over trading, and the immense profusion of for- 
eign products and manufactures, with which seaports 
are surcharged, are among the unavoidable conse- 
quences of a redundant currency, and trading on 
fictitious capitals. It i^ not incredible, however, that 



92 GOVERNOR'S MESSAGE. 

evils of domestic origin have been aggravated by a 
relaxation of the monitory system of another nation, 
whose merchants and manufacturers, intimately con- 
nected with our own, from parity of causes, have suf- 
fered similar effects. The laws of currency and 
exchange are immutable ; and a profusion of paper 
will every where produce disastrous results. Besides 
its inherent tendency to produce pecuniary disap- 
pointment and distress, it leads to habits of dissipa- 
tion and extravagance ; and to most of those vices 
which dishonor society, and overwhelm individuals 
in ruin. 

Although many of the citizens of this State, who are 
engaged in navigation, manufactures, and commerce, 
have participated in the common disasters of the times, 
we have reason for congratulation, that their misfor- 
tunes have been comparatively light, and have usual- 
ly arisen from contingencies beyond their control. 
Confidence between man and man is strong an(J ac- 
tive. A spirit of industry, stimulated by a laudable 
pride of self dependence, is every where apparent. 
The credit of the State is vmimpaired ; and our bank- 
ing establishments, founded on the stable principles 
of justice, and administered with an honorable refer- 
ence to the principles on which they are founded, fa- 
cilitate the operations of all the gTcat departments of 
fair enterprize and industry ; and, furnishing a medi- 
um more convenient than silver and gold, always 
convertible into coin, the labors and products of agri- 
culture are solicited by an equable and competent 
circulation. May the time soon come, when all the 
American people shall entertain an unwavering belief, 
that no partial means can cure, no temporary expedi- 
ents relieve the embarrassments of the times ,* but, 
that their ultimate removal must be sought in the 
power of just laws and virtuous habits. 

In pursuance of the act passed at the last session, 
" relating to the Separation of the District of Maine 



GOVERNOR'S MESSAGE. 83 

from Massachusetts Proper, and forming the same 
into a Separate and Independent State," all the returns 
of votes received at the Secretary's Office, conform- 
ably to the second section of said act, were opened 
and examined as therein required. Upon counting 
the votes given in, on the question of separation, it 
appearing that the number of votes in favor of the 
separation of said District, exceeded the number of 
votes againt it, by and surpassing the number speci- 
fied in the said second section, the result was made 
known by proclamation, and the people of the said 
District were therein called upon to choose Delegates 
to meet in Convention, for the purposes, and in the 
manner expressed in the said act. The history of the 
subsequent progress of the separation, and the result 
of the doings of the Convention, and of the people, on 
the subject of a constitution of government, it is not in 
my power, at present, to lay before you. But from a 
communication which I have received from the Hon- 
orable William King, President of the Convention, 
dated the seventh instant, a copy of which, will be 
herewith presented to you, I presume I shall shortly 
be enabled to do it. 

The connexion that has subsisted between Massa- 
chusetts and the District of Maine, commenced at an 
early period of their history. But until the year one 
thousand six hundred and ninety-two, their union was 
anomalous and interrupted. The promulgation of 
the charter of William and Mary, comprehending 
both sections of the country, united them under one 
government ; and from that period to the present time, 
the connexion has been uninterruptedly maintained 
to mutual satisfaction and advantage. 

The time of separation however is at hand. Con- 
formably to the memorable act of June nineteenth, 
one thousand eight hundred and nineteen, the fif- 
teenth of March next will terminate forever the po- 
litical unity of Massachusetts Proper and the District 



94 GOVEBNOK'S MESSAGE. 

of Maine. And that District, which is " bone of our 
bone and flesh of our flesh," will assume her rank as 
an Independent State in the American Confederacy. 

To review the transactions which have immediate- 
ly preceded and effected the separation, and to recol- 
lect the spirit of amity and mutual accommodation, 
that lias distinguished every stage of its progress, must 
be truly and lastingly satisfactory. It is, at the same 
time, highly gratifying to every friend of republican 
government, to observe the unanimity and disposi- 
tion to mutual concession with which a constitution, 
founded on the broadest principles of human rights, 
has been formed and adopted. 

That the District of Maine was destined to inde- 
pendence, has been long foreseen and acknowledged. 
But it has been delayed until her internal resources 
and her capacity for self government being fully deve- 
loped, public opinion, emanating from a competent 
and increasing population, decidedly invoked a fulfil- 
ment of her destination. 

Having yielded my assent to the act of separation, 
it remains for me to obey the impulse of duty, as well 
as of personal feeling, by acknowledging to the gen- 
tlemen of the District, who have been particularly as- 
sociated with me, either in the civil or military de- 
partments of government, the able support, which, on 
all important occasions, they have readily afforded ; 
and to the citizens of the District generally, the can- 
dor, liberality, and respectful attention I have expe- 
rienced in the discharge of my official duties. 

My fellow citizens of the District, who have now, 
for the last time, united their councils in the delibera- 
tions of the Legislature, will accept my devout wishes 
for their individual happiness, and for the peace, tbe 
honor, and prosperity of the new republic. 

In adverting to the separation of Maine, we are 
necessarily led to consider the effects of that secession 
on the Government of Massachusetts. The constitu- 



GOVERNOR'S MESSAGE. 95 

tion was not only the product of the united wisdom of 
the two great sections of the country known as Massa- 
chusetts and Maine ; but the provisions of it were de- 
signed to apply to the circumstances of both, Ac- 
cordingly in apportioning the number of Counsellors 
and Senators, designated by the constitution, among 
the several districts, Maine has ever had assigned to 
it a constitutional proportion : And the act of Feb- 
ruary, one thousand eight hundred and fourteen, con- 
structed on this principle and now in operation, enti- 
tles the Eastern Districts to nine Counsellors and 
Senators. It would be unnecessary for me to remark, 
that the act just mentioned, and the additional one of 
February, one thousand eight hundred and sixteen, 
will require modification. 

In meditating, however, on this subject, we are led 
to extend our views beyond the single question of 
modifying the first branch of the Legislature, and to 
inquire, whether considerations affecting the interests 
of the people, as connected with the future operations 
of the government, will not, at the present time, call 
ibr at least, a partial revision of the constitution ? The 
fi^rcat outlines of the constitution were indeed drawn 
by masterly hands ; and in its general principles, is 
little, if at all, susceptible of improvement. Waving 
therefore, every thing relating to the declaration of 
rights, and to the definitions of power, as vested in dif- 
ferent departments, it would not be wonderful, if some 
of the numerous details of a system of civil policy, 
intended to act upon, and to protect the diversified 
interests of a people spread over a vast extent of ter- 
ritory, should fail, in their practical adaptations, to a 
more limited sphere of action. Nor should it be 
thought a singular exception to the liableness of every 
human composition to misconception and abuse, that 
a constitution of government, framed in the midst of 
the war for independence, should, after the lapse of 
forty years, be found capable of amendment. The 
13 



9(B GOVERNOR'S MESSAGE. 

wise and faithful framers of the constitution, were 
sensible of danger from this source : and all the checks 
established by that instrument, are designed to guard 
the purity of its republican character against the mis- 
takes of public agents, as well as the misuse of power. 

The indefeasible right of the people, " to institute 
government," and " to reform, alter, and change the 
same, when their protection, safety, prosperity, and 
happiness require it," is distinctly asserted in the h\\\ 
of rights. But the constitution contains no provision 
for a revision, after the year one thousand seven hun- 
dred and ninety five. Yet as the legislative power 
extends to every object that involves the good and 
well being of the Commonwealth, which is not spe- 
cifically excepted, we may infer the right and duty of 
the Legislature, to submit to the consideration of the 
people, either the general question of revision, or such 
propositions for particular amendments, as they shall 
judge to be most promotive of the public good. The 
inference from analogy arising from the provisions of 
the tenth section of the sixth chapter of the constitu- 
tion, seems to favor the idea of limiting the power of 
the Legislature to submit primarily, the general ques- 
tion only to the people. But as that article was de- 
signed for the particular case of a revision in the year 
above mentioned, it does not seem reasonable to con- 
clude that the general power of the Legislature can be 
abridged by that specific provision. 

I have been thus particular in expressing my views 
of the constitutional doctrine of amending the consti- 
tution, from a persuasion, that an occasional recurrence 
to first principles, tends to preserve the purity, and to 
maintain the strength of a republican system of gov- 
ernment ; and from a corresponding sense of obliga- 
tion on my part, to present the same, on the present 
occasion, to your consideration. The subject, gentle- 
ttien, is constitutionally in your hands ; and I feel 
entire confidence that your deliberations on this and 



GOVERNOR'S MESSAGE. 9T 

every other subject, will be guided by wisdom, and 
result in the best good of the Commonwealth. 

To carry into eflfect the benevolent intention of the 
Legislature, agreeably to a resolve of the nineteenth of 
June last, "respecting the deaf and dumb," measures 
were immediately taken to give publicity to the same, 
and to require that application should be made in 
writing, and directed to the Secretary, by the parents 
or guardians of such persons as were entitled to the 
benefits of the resolve. Immediately after tlie expir- 
ation of sixty days, the attention of the Council was 
invited to this subject, and such arrangements were 
made as to designate twenty of the applicants who 
appeared to possess the pre-requisites for admission 
into the Asylum, at Hartford, pointed out by the gov- 
ernment of that institution, to be placed under their 
care. From the several documents, relating to this 
business, you will perceive the course pursued in ad- 
justing it. The report of Mr. Gallaudet, dated the 
first of the present month, contains information relat- 
ing to the individuals who are now at the institution. 

From an examination of the documents, and fur- 
ther reflection on the subject of the "deaf and dumb," 
a review of it may be thought adviseable ; more 
especially in reference to protracting the term of ed- 
ucation, as suggested by the Trustees of the Asylum ; 
to increasing the number of beneficiaries, and to devis- 
ing means for rendering the talents and acquirements 
of those who are educated at the public expense, in 
as high a degree as practicable, useful to themselves 
and others. 

During the recess, I received from the Governor 
ef the State of South Carolina, a communication, 
containing the proceedings of that State, on the sub- 
ject of the amendment of the constitution, proposed 
by the State of North Carolina. Likewise a commu- 
nication from the Governor of the State of Pennsyl- 
vania, containing a proposal of the Legislature of 



bs GOVERNOR'S MESSAGE. 

that State to amend the constitution, so that Congress 
shall make no law to erect or incorporate any bank 
or other monied institution, except within the District 
of Columbia. These communications will be laid 
before you by the Secretary. 

At the usual period in October last, the Visitors of 
the State Prison visited and examined the condition 
of that Institution, and had the satisfaction to find 
marks of vigilance among the officers, and the ap- 
pearance of diligence and good order in the several 
departments. The reports of the Warden, and the 
Surgeon of the establishment, together with sundry 
other documents, will be laid before you by the Sec- 
retary. He will, at the same time, present the return 
of the ordnance and ordnance stores, made by the 
Quarter Master General. 

J. BROOKS. 

Council Ckamber^ January 13thf 1820. 



i 



GOVERNOR'S MESSAGES. Jan. 17. 9.9 

CHAP. LIII. 

Gavernor^s Message. Jaftuary 17tli, 1820. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives , 

I have just received a letter from the Honorable Prentiss 
Mellen and the Honorable Hamson G. Otis, Senators of 
this Commonwealth, in the Congress of the United States, 
dated the eighth instant, stating, that in the discussion of 
the bill that had passed the House of Representatives, for 
the admission of Maine into the Union, many difficulties 
presented themselves as to the right and mode of apportion- 
ing the Representatives to be elected by Massachusetts and 
Maine, respectively, for the seventeenth Congress. The 
subject appearing to have a bearing on the bill pending in 
Congress, for admitting Maine into the Union, I lose no 
time in laying the communication before you, for your con- 
sideration. 

JOHN BROOKS. 

Council Chamber^ Jamiary 17, 1820. 



CHAP. LIV. 

Governor's Message. January 19th^ 1820. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

Having received from the Secretary of the Convention of 
Maine, manuscript copies, duly authenticated, of the records 
of the convention, of the constitution of govornment framed 
by that convention, and the acceptance of it by the people 
of the district, the Secretary will lay them before you. 
Should you think proper to assign them a place in the ar- 
chives of the Commonwealth, the arrangement would noL 



iOO J. AND E. HAGER AND H. STORER. Jaw. 21. 

only preserve those documents for future reference, but 
perpetuate a remembrance of the respectful and courteous 
attention of the Convention of Maine to the Government of 
Massachusetts. 

The Secretary Avill, at the same time, lay before you the 
Treasurer's account for the last year. 

JOHN BROOKS. 

Council ChambeTf January 19, 1820. 



CHAP. LV. 

Mesolve on the petition of J. and E. Hager, and of Hannah 
Storer. January 21st, 1820. 

On the petition of Jonathan and Elijah Hager, and the 
petition of Hannah Storer, each praying for the renewal of 
a State note : 

Resolved^ For reasons set forth in said petitions, that the 
Treasurer of this Commonwealth be, and he is hereby direct- 
ed to issue to the said Jonathan and Elijah Hager, a new 
State note, of the same tenor and date as the one by them 
lost ; that is, a note, number one hundred and fifty two, of 
date, July the seventh, one thousand eight hundred and ten, 
for one hundred and thirteen dollars and seventy eight cents ; 
and to endorse thereon the interest that has been paid. Also 
to issue to the said Hannah Storer a new State note of the 
same tenor and date as the note by her lost ; that is, a note, 
number three hundred and seventy, of date, July the thir- 
tieth, one thousand eight hundred and ten, for two hundred 
and seventy nine dollars and eleven cents ; and to endorse 
thereon the interest that has been paid ; they the said Jona- 
than and Elijah Hager, and the said Hannah Storer, first 
making affidavit before some Justice of the Peace, of the 
truth of the facts stated in their respective petitions, and 
giving bonds to the Treasurer of this Commonwealth, the 
said Jonathan and Elijah Hager, in the penal sum of two 
hundred dollars, and the said Hannah Storer, in the penal 
sum of four hundred dollars, with one or more sureties each, 
to secure the Commonwealth against any loss that may hap- 
pen in consequence of the renewal of said notes. 



GRANT OF LANDS. Jaiu 21. 10^ 

CHAP. LVI. 

Resolve relative to Grant of Lands. January 21st, 1820. 

Resolved, That all grants of land heretofore made by the 
General Court, or pairchased of the Commonwealth, wherein 
no time has been fixed for the location thereof, shall be lo- 
cated under the direction of such persons as may hereafter 
be designated for the purpose, and tlie returns thereof made 
into the Land Office, on or before the first day of January, 
in the year of our Lord one thousand eight hundred and 
twenty one ; and that all grants, the period heretofore as- 
signed for locating, which shall expire before that time, 
shall be located, and the returns thereof made as above ex- 
pressed, at any time before the first day of January aforesaid, 
and not afterwards : Provided, always, that the expenses of 
said locations shall be borne and defrayed by the grantees, 
assignees, or claimants of said lands. 

Resolved, That the report of January seventeenth, one 
thousand eight hundred and twenty, made by the Commis- 
sioners of the Land Office, (marked A.) be joined and printed 
with these resolves. 



102 



GRANT OF LANDS. Jan. 21. 



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W. N. EOYLSTON—K. SMALLMAN. Jan. 22. 103 



CHAP. Lvn. 

JResolve on the petition of Ward J\r. Boylston. 
January 21st, 1820. 

Resolved, That the Solicitor Greneral of this Common- 
wealth be, and he is hereby authorized to commence and 
prosecute to final judgment and execution, in the name and 
behalf of this Commonwealth, any proper and legal suit and 
process, for the recovery of the possession of two portraits, 
one of Nicholas Boylston, and the other of Mistress Grill, 
wife of his late Honor Moses Gill, against any person what" 
soever, who may now have the same in possession ; and on 
the recovery thereof, to deliver the same to Ward Nicholas 
Boylston. Provided, always, that the said Ward Nicholas 
shall give bond to the Treasurer of this Commonwealth, in 
such security, and with such penalty as the said Solicitor 
shall require, to indemnify and save harmless this Common- 
wealth from all costs and expenses of every kind whatever, 
arising from the suit or process. 



CHAP. LVIII. 

Resolve for the Relief of Richard Smallman, 
January 22d, 1820. 

On the petition of Richard Smallman, representing that 
he now is, and for four months past has been confined in the 
gaol, in tlie County of Berkshire, for having forfeited his 
recognizance to appear as a witness at the Supreme Judicial 
Court, holden at Lenox, in said county, in May, in the year 
of our Lord one thousand eight hundred and eighteen, and 
praying to be discharged from his said confinement : 

Resolved, For reasons set forth in said petition, that the 
Keeper of the Commonwealth's gaol, in the County of 
Berkshire be, and he is hereby authorized and directed, 
forthwith to discharge from imprisonment, the aforesaid 
Richard Smallman ; provided, that he stands committed for 
no other cause than the one above stated. 
14 



104 WAYNE.—DEAF AND DUMB. Jan. 25. 



CHAP. LIX. 

Resolve on the petition of the Town of Wayne. 
January 24th, 1820. 

On the petition of the Town of Wayne, in the County of 
Kennebec, representing, that for several years past, the 
Clerk of said town hath neglected to read the warrant, and 
preside at the opening of town meetings, until a Moderator 
was chosen ; and that, in many instances, the Clerk hath 
neglected to record whether the officers of said toAvn, of 
whom an oath, by law, is recpiired, were sworn into office 
or not ; and that the several Justices of the Peace who have 
administered the oath to the officers of said town, have neg- 
lected to leave a certificate thereof, with the Clerk of said 
town : 

Resolved f For reasons set forth in said petition, that the 
records and proceedings of said town be, and the same ai^ 
hereby confirmed and made valid in law, to all intents and 
purposes, notwithstanding the omissions and supposed irreg- 
ularities mentioned in the said petition. 



CHAP. LX. 

Resolve further jJ^'oviding for the Education of Deaf aiid 

J)iimb Persons, at the Asylum in Hartford. 

January 25th, 1820. 

Whereas, it appears by the correspondence between 
His Excellency the Grovernor of this Commonwealth and 
the Directors of the American Asylum, at Hartford, for the 
Education and Instruction of Deaf and Dumb Persons, that 
it requires, generally, six years for the instruction of a pupil, 
even in the common branches of education : Therefore, 

Resolved, That those persons who have been placed in 
that asylum, for education, by virtue of a resolve of this 
General Court, passed on the nineteenth day of June last 
past, may be continued there, for the term of six years from 
the time of their admission; at the expense of this Common- 



DEAF AND DUMB PERSONS. Jan. 25. 105 

wealth ; not however, exceeding two hundred dollars per 
annum, for each person. 

Resolved, That during the term of six years, for which 
appropriation is made in behalf of deaf and dumb persons, 
by the aforesaid resolve of June nineteenth, last past;, appli- 
cation may, at any time, be made to the Governor, for the 
time being, in behalf of such persons ; and the Secretary of 
State, for the time being, shall keep a register of all such 
applications which have been, or which may be made ; and 
in case of a vacancy, or vacancies at the said Asylum, among 
those supported by this Commonwealth, for any cause, such 
vacancy or vacancies may be filled by the Grovernor and 
Council, for the time being, from among the candidates,^ 
having the qualifications required by the Directors of said 
Asylum, by lot, in the same manner as those have been de- 
signated who are now there : Provided, however, that no 
such vacancy shall be thus filled, after three years from and 
after the first day of October last past. « 

And whereas it is desirable to extend as far as may be 
the benefits of the Legislative munificence, in this particular : 
therefore. 

Resolved, that, if at any time Avithin three years, from and 
after the first day of October last past, the Directors of the 
said Asylum, may consent to receive more than twenty sucli 
persons from this Commonwealth, and if by any vacancy, 
or vacancies within the said term, any part of the fund ap- 
propi'iated by the resolve aforesaid, of the nineteenth day of 
June last past, may be unapplied ; and if among the parents 
or guardians of the candidates for its appropriation and ben- 
efit, security may be given for payment of one half the ex- 
penses of their support, at said Asylum, for the remaining 
time, the Grovernor and Council, for the time being, may, if 
they think proper, elect such candidates, and pay the remain^ 
ing half of their expense and support at said Asylum, not ex- 
ceeding one hundred dollars per annum, for each person, so 
far as the funds reverting, by such vacancy, or vacancies, 
may permit ; and in case there may be more candidates with 
the foregoing condition and provision in their favor, than the 
remaining funds can support under the same condition, such 
candidate shall be designated by lot. 



106 WILLIAM EASTMAN. Jan. 25. 



CHAP. LXL 

Resolve authorizing William Eastman to convey Real 
Estate. January 25tli, 1820, 

On two petitions of William Eastman, of Granby, in the 
County of Hampshire, Administrator on the goods and 
estate, which were of John H. Dickinson, late of said Gran- 
by, deceased, intestate, praying that he may be authorized 
and empowered to make and execute good and sufficient 
deeds of certain parcels of lands, to several persons, as men- 
tioned and described in said petitions, according to the several 
contracts entered into by said deceased, in his life time : 

Resolved, That the said William Eastman, Administra- 
tor as aforesaid, be, and he hereby is authorized and em- 
powered to make and execute to Zebina Smith, of said 
Granby, a good and sufficient deed of the following describ- 
ed parcel of land, lying in said Granby, viz. : Beginning at 
the north-west corner of the home lot, of said deceased, and 
running north forty degrees east, eight rods, to a white oak 
stub ; thence east three degrees south, five rods, to a stake 
and stones ; thence south eight degrees east, six rods, to a^ 
stake and stones ; thence west twenty two degrees south, ten 
rods, to the highway ; thence northerly to the first boundary, 
containing eighty seven rods of land. 

Resolved, That the said Eastman, in his capacity, as 
aforesaid, be, and he hereby is authorised and empowered 
to execute to Eleazer Nash and Nathaniel Nash, both of 
said Granby, (they the said Eleazer and Nathaniel, first 
paying to the said Eastman, for the use of said intestate's 
estate, the sum of sixty dollars,) a good and sufficient deed 
of the following described parcel of land, lying in Spring- 
field, in the County of Hampden, being a part of lot number 
one hundred and twenty four, in the Inward Commons, so 
called, formerly laid out to Jedediah Bliss, beginning at the 
northwest corner of said lot, and running east two degrees 
forty minutes north, forty eight rods, to the county road ; 
thence south thirty two degrees east, thirty five rods ; thence 
west thirty two degrees south, thirty eight rods ; thence 
west twelve degrees north, thirty four rods and six links ; 
thence north two degrees forty seconds west, forty one 
rods, to the first station ; coutaining fifteen acres and eighty 



MEMBERS OF CONGRESS. Jan. 25. 107 

iSeven rods ; and bounded north on Moses Chapin's land, and 
on land belonging to the heirs of Grilcs Montague; east on the 
county road, as it is now travelled, south on land lately be- 
longing to the said Dickinson, deceased, and west on Joel 
Preston's land. 



CHAP. Lxn. 

Resolve relating to the election of Members of Congress^ 

after the Separation of the District of Maine. 

January 25th, 1820. 

Resolved, That in any election of Representatives to the 
Congress of the United States, which may be made after the 
District of Maine shall have been formed and erected into a 
Separate and Independent State, in the manner prescribed 
in and by the act, relating to the separation of the District of 
Maine from Massachusetts proper, passed the nineteenth 
day of June last, and until a new apportionment of Repre- 
sentatives shall be made among the several States, the con- 
sent of this Commonwealth be, and the same is hereby given, 
that thirteen Representatives shall and may be elected within 
the said State of Massachusetts, and seven within the pro- 
posed new State ; any thing in the said act to the contrary 
notwithstanding. 



CHAP. LXIII. 

Resolve on the petition of Peter Barras, and Elizabeth^ 
his Wife. January 25th, 1820. 

Resolved^ For reasons set forth in said petition, that all 
the right, title, and interest, which the Commonwealth has, 
or might have, in and to a certain small piece of real estate, 
consisting of a piece of land, in Salem ; bounded southerly 
on land, late of George Crowninshield, deceased, fifty four 
feet six inches ; easterly on land of Ward, forty four feet ; 
northerly on land of said Crowninshield, and others, forty 



108 GOVERNOR'S MESSAGE. Jan. 26. 

eight feet, and westerly on a private way in common with 
others, with the privileges and appurtenances thereto belong- 
ing, be, and the same is hereby granted and released to 
Elizabeth Barras, wife of Peter Barras, of Salem, in the 
County of Essex ; the said real estate having lately belong- 
ed to Thomas Grandy, late of Salem, an alien, brother of 
said Elizabeth. 



CHAP. LXIV. 

Governor's Message. January 26tli, 1820. 

Gentlemen of the Senate, and 

Gentlemen of the House of RepresentativeSf 

The Secretary will lay before you, a letter from His Ex- 
cellency the Governor of Indiana, together with a copy of 
the resolutions of the General Assembly of that State, con- 
curring in an amendment to the Constitution of the United 
States, proposed to the consideration of the several States, 
by the State of Pennsylvania ; the latter having been sub- 
mitted to your consideration in my message, dated the thir- 
teenth instant. 

JOHN BROOJCS. 

Council Chamber, January £6, 1820.> 



CHAP. LXV. 

Resolve on the 'petition of John JSTeal and others. 
January 26th, 1820. 

On the petition of John Neal, John Dennis, Jesse Pike, 
Daniel Ring, Junior, Joshua W. Watson, and David C. 
Burr, all of Litchfield, in the County of Lincoln, represent- 
ing that they have been united in matrimony with their 



JOHN NEAL AND OTHERS. Jan. 26. 109 

present wives, viz. : John Neal with Polly Hutchinson, John 
Dennis with Betsey Walker, Jesse Pike with Sally True, 
(since deceased,) Daniel Ring, .Tunior, with Betsey Dennis, 
Joshua W. Watson with Judith Tibhetts, and David C. Burr 
with Catharine Fuller, having a lawful right so to do, and 
their intentions accordingly having been legally published, by 
the Town Clerk, of said Town of Litchfield, and that they 
have severally been married by Ministers of the Baptist or 
Methodist order, who were regularly ordained, according 
to the rules of said Societies, as Ministers at large; and that 
doubts have been expressed, respecting the validity of the 
said marriages : 

Resolved, That the several marriages aforesaid, of the 
said John Neal, John Dennis, Jesse Pike, Daniel Ring, 
Junior, Joshua W. Watson, and David C. Burr, solemnized 
in manner aforesaid, be, and the same are hereby declared 
to be legal, and valid, to all intents and purposes of mar- 
riages : and the children of the said marriages are hereby 
tleclared to be legitimate, as if the said marriages had been 
solemnized by a person legally empowered for such purpose. 



CHAP. LXVI. 

Goveimor^s Message, January 27tli, 1820. 

Crentlemen of the Senate, and 

Gentlemen of the House of Re^resentatlces, 

I have received a petition signed by John Greenougli, and 
upwards of thirty other persons, who style themselves " In- 
dian Natives," and appear to belong to the Town of Yar- 
mouth. As the object of the petitioners is not cognizable by 
the Executive of the Commonwealth, the petition, and sundry 
papers connected with it, will be laid before you by the 
Secretary. 

JOHN BROOKS, 

Council Chamber f January 27, 182.0. 



110 WILLIAMS COLLEGE. Jan. 27. 



p CHAP. LXVII. 

Resolve on the jietition of the Trustees of Williams College, 
January 27th, 1820. 

Mesohed, That the Commissioners of the Land Office be, 
and they hereby are authorized and empowered, to satisfy a 
grant of a township of land, of the contents of six miles square, 
made by a resolve of the nineteenth of February, one thousand 
eight hundred and five, to the President and Trustees of Wil- 
liams College, by locating the same, and conveying to said 
Corporation, Township number three, second range, north of 
Bingham's Penobscot purchase, the same being number four, 
as surveyed by Alexander Greenwood : Provided^ said girant- 
ees, or their assigns, shall first pay to said Commissioners, 
the expense of surveying and locating said township, and 
give security to the Commonwealth, in a manner satisfactory 
to said Commissioners, that they will, within one year from 
the passing of this resolve, cut out a road two rods wide, 
from the termination of the road, commonly called the St. 
John's road, (which has been opened under the direction of 
said Commissioners, from Penobscot River into township 
number two, the first range,) to said township, to be convey- 
ed, and clear a travelled path therein, of one rod in width ; 
and that within two years, they will clear a like road through 
said township, so to be conveyed, and make the necessary 
causeways and bridges thereon, all in a manner to be direct- 
ed by said Commissioners ; and within three years, will 
place on said township thirty families, as settlers, of the 
description named in the act, for promoting the sale and 
settlement of the public lands, in the District of Maine ; and 
also, reserving in said township the usual public lots. 



RUFUS BACON.— J. B. STONE. Jan, 28. HI 



CHAP. LXVIII. 

Uesolve authorizing Rufiis Bacon, Esquire, to call a Meet- 
ing of the Congregational Parish, in Freetown. 
January 28th, 1820. 

Whereas it has been made to appear to the General Court, 
that tJiere are no Parish Officers in the Congregational Par- 
isli, in the Town of Freetown, in the County of Bristol : 

Resolved, That Rufus Bacon, Esquire, one of the Justices 
of the Peace, in and for said County of Bristol, be authoriz- 
ed to issue his warrant, directed to some principal inhabitant 
of said Congregational Parish, in said Town of Freetown, 
requiring him to notify and warn the freeholders and other 
inhabitants of said parish, who are qualiiied to vote in parish 
affairs, to meet 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 and 
April, annually. And that the aforesaid Rufus Bacon, 
Esquire, being an inhabitant of said parish, be authorized 
to open said meeting and preside therein during the, choice 
of a Moderator, to regulate and govern said meeting. 



CHAP. LXIX. 

Resolve for Liberating John B. Stone, from Confinement. 
January 28th, 1820. 

On the petition of John B. Stone, praying to be liberated 
from his confinement in the county gaol, in Worcester, to 
which he was committed, by a warrant of distress, in favor 
of the Commonwealth, which issued on a judgment recover- 
ed against him before the Justices of the Supreme Judicial 
Court, held at Worcester, in April, in the year of our Lord 
one thousand eight hundred and nineteen : 

Resolved, That, for reasons set forth in said petition, the 
Sheriff of the county aforesaid, is hereby authorized and di- 
rected to liberate and discharge the said John B. Stone from 
his said imprisonment ; provided, he do not stand committed 
for any other cause than the judgmejit aforesaid. 
15 



112 DANIEL HASTY.— LABAN LEWIS. Jan, 29. 

CHAP. LXX. 

Resolve on the petition of Daniel Hasty. January 29th, 1820. 

Resolved, That the Committee on Accounts be, and they 
are hereby dhected to receive, examine, and allow the ac- 
count of the said Daniel Hasty, if the same appear to them 
correct, the time, by law, required for exhibiting accounts, 
having expired notwithstanding. 



CHAP. LXXI. 

Resolve on the petition of Laban Lewis, and others, author- 
izing Joseph Bemis, Esquire, to call a Meeting of the 
First Congregational Parish, in Canton. January 29th. 
1820. 

On the petition of Laban Lewis, and others, praying that 
a warrant may be issued for calling a meeting of the First 
Congregational Parish, in the Town of Canton : 

Resolved, For the reasons set forth in said petition, that 
Joseph Bemis, Esquire, be, and he hereby is authorized and 
empowered to issue a warrant, directed to some principal 
inhabitant of said parish, requiring him to notify and warn 
the freeholders and other inhabitants of said parish, who are 
qualified to vote in parish affairs, to meet at such time and 
place as shall be named in said warrant, to choose all such 
parish officers as parishes are, by law, authorized and re- 
quired to choose, in the months of March or April, annually. 



W. ANDREWS.— J. E, FOXCROFT. Jan. 29. 113 



CHAP. LXXII. 

Resolve granting William Andrews, Junior, and others, 
Two Hundred and Fifty Dollars, for 'prosecuting Doctor 
Thomas Sewall, January 29th, 1820. 

On the petition of William Andrews, Junior, on behalf of 
himself, and others, stating that they were the complainants 
and prosecutors, upon two indictments, against Doctor Thom- 
as Sewall, for knowingly receiving certain dead bodies which 
had been dug up and carried away from the graves in which 
they had been buried, praying that they may be allowed the 
fines, or a part thereof, which are now in the hands of the 
Treasurer of the County of Essex, having been paid by the 
said Sewall, pursuant to a sentence of the Supreme Judicial 
Court : 

Resolved, That the Treasurer of the County of Essex be, 
and he hereby is ordered and directed to pay to the said 
William Andrews, Junior, the sum of two hundred and fifty 
dollars, out of the fines aforesaid, now in his hands ; and 
that the receipt of the said Andrews, for the same, shall be a 
sufficient discharge from him, of that sum, and the same shall 
be allowed him in the settlement of his accounts with the 
Commonwealth. 



CHAP. LXXIII. 

Resolve on the petition of Joseph E. Foxcroft, empowering 

the Commissioners of the Land Office to convey certain 

Lands to him. January 29th, 1820. 

On the petition of Joseph E. Foxcroft, stating that, by an 
act establishing Bowdoin College, five townships, each six 
miles square, were granted to its Trustees, who, for seven 
thousand and nine hundred and forty dollars, conveyed one 
of the said five, viz. : township number five, of the seventh 
range of townships, north of the Waldo Patent ; and that 
the township does not contain the quantity of land as ex- 
pressed, and praying that suitable aid and relief may be 
extended to him : 



114 A. OILMAN AND J. WEBSTER. Jan. 29. 

Resolved, That the Commissioners of the Land OfRce be 
hereby authorized to convey unto said Foxcroft, in fee, so 
much of the Commonwealth's unappropriated lands, as they 
shall find to be a just and adequate equivalent, in quantity 
and quality, to the deficiency of six miles square, in said 
township ; the location and assignment thereof to be made 
at such place as he and they shall agree upon : Provided, 
however, that the said Foxcroft do and shall execute a com- 
plete release of all further claims, touching said deficiency, 
as well in relation to the Trustees of Bowdoin College, as 
to the Commonwealth : Jlnd, provided further, that no costs 
or charges accrue to the Commonwealth by reason of passing 
these resolutions. 



CHAP. LXXIV. 

Resolve on the jjetition of A. Gilman and J. Webster, ex- 
tending the time for the Commissioners of the Land Office 
to make Reeds of Two Lots, in Bangor. January 29th^ 
1820. 

On the petitions of Allen Gilman and Jonathan Webster, 
praying for further time to be allow ed for the Commissioners 
of the Land Office to make deeds to the owners of lots num- 
bered ninety three and one hundred and twelve, in the Town 
of Bangor : 

Resolved, That the time for making and receiving the 
deed of said lots, be extended to the close of the first session 
of the next General Court, and no further ; and the Com- 
missioners of the Land Office are hereby authorized to make 
deeds to the lawful and rightful claimants of said lots, taking 
fare to receive, at least, one half the consideration money, in 
hand, and good and sufficient security for the residue. 



S. FREEMAN.— J. FORBES. Jan. 29. 115 



CHAP. LXXV. 

Hesolve on the petition of the Honorable Samuel Freeman. 
January 29th, 1820. 

Resolved^ That the Court of Sessions for the County of 
Cumberland, which is, by law, to be holden at Portland, 
within and for the County of Cumberland, on the fourth 
Tuesday of March next, be, and they are hereby authorized 
and empowered to make such alloAvance to the Honorable 
Samuel Freeman, Judge of Probati? for the County of Cum- 
berland, for his services in said office, from the twenty eighth 
day of February, one thousand eight hundred and eighteen, to 
the fifteenth day of March, one thousand eight hundred and 
twenty, (over and above his salary as now established by law) 
as they may think just and reasonable : Provided, hoicever^ 
that such allowance shall not exceed the sum of one hundred 
dollars per annum. 



CHAP. LXXVI. 

Hesolve for Discharging Jonathan Forbes from Prison. 
January 29th, 1820. 

On the petition of Jonathan Forbes, praying to be liberat- 
ed from his confinement in the county gaol, in Worcester, 
to which he was committed, by warrants of distress, in favor 
of the Commonwealth, which issued on judgments recovered 
against him, before the Supreme Judicial Court, at Worces- 
ter, in April, in the year of our Lord, one thousand eight 
hundred and nineteen : 

Resolved, That, for reasons set forth in said petition, the 
Sheriff of the county aforesaid, is hereby authorized and di- 
rected to liberate and discharge the said Jonathan Forbes 
from his said imprisonment ; provided, he do not stand com- 
mitted for any other cause than the judgements aforesaid. 



116 HERRING POND INDIANS. Jan. 29. 



CHAP. LXXVII. 

Mesolve granting One Hundred and Fifty Dollars to repair 
the Meeting House, of the Herring Pond Tribe of lu' 
dians, in the Town of Plymouth. January 29th, 1820. 

Resolved f That there be appropriated from the Treasury 
of this Commonwealth, the sum of one hundred and fifty 
dollars, for the purpose of repairing the Meeting House of 
the Herring Pond Tribe of Indians, so called, in Plymouth, 
to be expended under the direction of the Overseers of the 
Mashpee and Herring Pond Tribes ; whose account for the 
expenditure of the same shall be audited, adjusted and trans- 
mitted in the same manner as is provided in the seventh sec- 
tion of <* an act in addition to the several acts respecting the 
Indians and other persons, proprietors and residents on the 
Plantations of Mashpee and Herring Pond, so called,'' pass- 
ed on the eighteenth day of February, in the year of our 
Lord, one thousand eight hundred and nineteen : 

Resolved f That His Excellency the Grovernor be requested 
to draw his warrant on the Treasurer, in favor of said Over- 
seers, for the sum mentioned in the foregoing resolve. 



CHAP. LXXVIII. 

Resolve on the Memorial of the Corporation of the Trustees 

of Leicester Academy, in the County of Worcester* 

January 31st, 1820. 

Whereas the Trustees of Leicester Academy, in the Coun- 
ty of Worcester, in their corporate capacity, by their memo- 
rial, presented to this Legislature, have represented the 
occasion of aid to the funds of that institution, and have also 
represented that there is a tract of land situated in the Town 
of Holden, in said County of Worcester, and particularly 
described in said memorial, which was heretofore duly con- 
fiscated as the estate of William Brattle, an absentee, and 
subsequently sold by Commissioners on behalf of the*Com- 
monwealth, who executed a deed thereof to one Pierre 



LEICESTER ACADEMY. Jan. 31. lit 

Matthieu Andre ; and that the said land, for nearly forty 
years, has been taxed in said Town of Holden, as the 
" French Land," owned by a non resident proprietor, and 
the taxes paid by timber and wood cut annually from the 
land ; that the said Pierre Matthieu Andre, at the time of 
the conveyance of said land to him, was a native of France, 
to which country he immediately thereafter returned, and 
has not since been heard from ; and that there is no person 
known who claims, by title, to be proprietor of said land, 
but that the same has escheated to this Commonwealth : 
And the said Trustees, upon this representation, have pe- 
titioned that this Legislature would authorize the Attorney 
or Solicitor General in the name of the Commonwealtli, but 
at the expense of the Trustees, to institute an inquest of office, 
or other legal process, to obtain a judgment of law for the 
recovery of said land, to the intent that the same may be 
granted to the Corporation of said Trustees of Leicester 
Academy ,^n aid of the funds of that institution : 

Resolved, For reasons set forth in said memorial, that the 
Attorney and Solicitor General, or either of them, are direct- 
ed to institute an inquest of office, or such other legal process 
as they shall judge proper, in the name of the Common- 
wealth, for the recovery of the tract of land described in said 
memorial. 



CHAP. LXXIX. 

Resolve on the jpetition of the Proprietors of Sandy Bay Pier. 
January 31st, 1820. 

On the petition of the Proprietors of Sandy Bay Pier : 
Resolvedf That the Commissioners of the Land Office be, 
and they hereby are authorized and empowered to locate the 
township of land granted to said proprietors, by a resolve of 
the sixteenth of June last, (for the purpose of repairing and 
improving the Pier and Basin, at Sandy Bay, in the Town of 
Gloucester,) on the township number five, in the third range 
of townships, north of Bingham's Kennebec Purchase, through 
which the new road, commonly called the Canada road, ex- 
tends, with the usual reservation for public lots ; Provided. 



118 SANDY BAY PIER. Jan, 31. 

the said grantees shall first give satisfactory security to said 
Commissioners, to pay to the Commonwealth the sum of five 
hundred dollars, to reimburse that amount of the expenses 
of surveying said township, and making the aforesaid road 
through the same ; two hundred dollars thereof, with interest, 
in six months, and the residue in eighteen months, from the 
passing of this resolve ; and keep the whole of said road 
which extends through said township, and that part thereof 
which extends from the extreme northerly part of said town- 
ship to the Canada line, (so long as the Commonwealth shall 
retain their interest therein) and the causeways and bridges 
the same distance, in suitable repair for travellers and droves, 
and place thirty families on said township within three years, 
of the description in the act for promoting the sale and set- 
tlement of the public lands in the District of Maine. 



CHAP. LXXX. 

Ilesolve relative to proposed Amendment of the Constitution 
of the United States. January 31st, 1820. 

The Committee to whom so much of His Excellency's 
Message was committed, as relates to a communication from 
the Grovernor of the State of South Carolina, upon the sub- 
ject of an amendment to the constitution of the United States, 
*^ to establish an uniform mode of electing Electors of Presi- 
dent and Vice President of the United States," proposed by 
the State of North Carolina, and rejected by the Legislature 
of South Carolina ; and also so much of His Excellency's 
Message as relates to a communication from the Governor of 
the State of Pennsylvania, respecting an amendment of the 
constitution of the United States, proposed by the Legisla- 
ture of the State of Pennsylvania, in the words following, 
viz. : ^^ Congress shall make no law to erect or incorporate 
any bank or other monied institution, except within the Dis- 
trict of Columbia ; and every bank, or other monied institu- 
tion, which shall be established by the authority of Congress, 
shall, together with its branches, and offices of discount and 
deposit, be confined to the District of Columbia ;" have had 
those subjects under consideration, and ask leave to report : 



AMENDMENT 0¥ CONSTITUTION. Jan. 31. 119 

That the Legislature of Massachusetts, having heretofore 
considered the amendment of the constitution of the United 
States, proposed by the State of North Carolina, to which 
the communication of the Governor of South Carolina has 
allusion, and by resolve passed on the ninth day of February, 
in the year of our Lord one thousand eight hundred and 
sixteen, expressed their approbation of said amendment, as 
modified in said resolve, and the doings in this behalf having 
been communicated to the Supreme Executive of the several 
States in the Union, and to our Senators and Representa- 
tives in the Congress of the United States ; and as no reason 
occurs to your Committee for doubting the correctness of tiie 
opinion expressed in said resolve, it is inexpedient, in the 
opinion of your Committee, that any further measures in 
relation to said amendment, should be taken by this Le- 
gislature. 

Upon the subject of the amendment of the constitution of 
the United States proposed by the Legislature of the State 
of Pennsylvania, in whicli it appears from a communication 
made by the Governor of Indiana, that the Legislature of 
that State has concurred, your Committee report, that they 
unanimously accord vrith them in the sentiments expressed 
in the preamble to the proposed amendment, but with all due 
respect for the opinion of the Legislature of Pennsylvania, do 
not agree with them in their concit:sion, that the national 
bank ought to be limited in its operations to the District of 
Columbia. 

If the abuses of a beneficial power, or institution, are to 
decide and determine their condemnation, there is scarce a 
source of public prosperity, or the exercise of a necessary 
and useful power which will not be speedily closed and ter- 
minated. We have nothing unmixed, and cannot expect 
any thing perfect in an imperfect state : A portion of evil or 
inconvenience attends every good thing ; and all power ca- 
pable of being beneficially exercised, will, in the nature of 
things, be susceptible of abuse. In the opinion of your Com- 
mittee, a national bank, with branches, located in the various 
parts of the United States, where large portions of the pub- 
lic revenue are collected, and the interest of the public debt 
is paid, greatly aids the government in the prosperous and 
successful administration of its finances, and is productive of 
much more good than mischief : and that a bank limited in 
its operations to the District of Columbia, as contemplated 
16 



120 AMENDMENT OK CONSTITUTION. Jan. 31. 

in the proposed amendment, would be wholly inadequate to 
the exigencies of the national government. Your Committee 
therefore report the following resolves. 

ARTEMAS WARD, Chairman, 

JResolved, That the amendment to the constitution of the 
United States, proposed by the Legislature of the State of 
Pennsylvania, in the words following, viz. : ^^ Congress shall 
make no law to erect or incorporate any bank, or other 
monied institution, except within the Dictrict of Columbia ; 
and every bank, or other monied institution, which shall be 
established by the authority of Congress, shall, together 
with its branches and offices of deposit and discount, be con- 
fined to the District of Columbia," should it become a part 
of the constitution of the United States, would not be salu- 
tary in its operation ; and that our Senators and Represent- 
atives, in the Congress of the United States, be requested 
to use their endeavors to prevent such an amendment. 

Resolved, That His Excellency the Governor be request- 
ed to forward a copy of the preceding resolution to the Su- 
preme Executive of the State of Pennsylvania, the Supreme 
Executive of the State of Indiana, and to each of our Sen- 
ators and Representatives in the Congress of the United 
States. 



CHAP. LXXXI. 

Resolve on the petition of Jonathan Peirce and Jonathan 
S. Peirce. February 2d, 1820. 

On the petition of Jonathan Peirce and Jonathan S. Peirce, 
praying to be remunerated for expenses incurred by them in 
procuring the attendance of witnesses in behalf of the Com 
mon wealth, on indictments against William Peirce and 
Naphtali Newhall, at the Supreme Judicial Court, held at 
Worcester, in April, in the year of our Lord one thousand 
eight hundred and nineteen : 

Resolved, That, for the reasons set forth in said petitioji, 
the sum of one hundred dollars be, and hereby is granted to 



OLD SOLDIERS.— B. BALDWIN. Feb. a. 121 

the said Jonathan Peirce and Jonathan S. Peirce, to be paid 
to them out of the treasury of this Commonwealth. 



CHAP. Lxxxn. 

Resolve granting further time to Old Soldiers for Settling 
Lands. February 3d, 1820. 

Resolved, That a further time of four years, from the first 
day of May next, be, and is hereby granted and allowed to 
the non commissioned officers and soldiers, their widows and 
children, to make settlement on the land granted them by a 
resolve of the General Court, passed the fifth of March, in 
the year of our Lord one thousand eight hundred and one. 

And be it further resolved, That there be granted and 
allowed to all such non conimissioned officers and soldiers, 
their widows and children, who are embraced in the pro- 
visions of said resolve, and have neglected to prove their 
claims to the benefits thereof, the further time of two years 
from the first day of May next, for said purpose, any thing 
in said resolve, and others passed subsequent thereto, to the 
contrary notwithstanding. 



CHAP. LXXXIII. 

Resolve on the iietition of Benjamin Baldivin, extending the 

time for Payment of JVotes due the Commomcealth, 

February 3d, 1820. 

On the petition of Benjamin Baldwin, praying an cxten- 
sion of time for the payment of certain notes due the Com- 
monwealth : 

Resolved, For reasons set forth in said petition, that there 
be allowed a further time of two years, from and after the 
passing of this resolve, to the said Benjamin Baldwin, to 
complete the payment of his bond and notes due the Com- 
monwealth ; provided, said Benjamin shall be holden to pay 
the interest on said obligations, annually. 



122 R. MERRILL.— A. CRANE. Feb. S. 



CHAP. LXXXIV. 

.Resolve on the petition of Roger Merrill, excusing Thomas 
Johnson and others^ from Settling Duties. ' 
February 3d, 1820. 

Whereas, by resolves of this General Court, passed the 
twenty fourth day of January, in the year of our Lord one 
thousand eight hundred and fifteen, eight thousand acres of 
land were granted to Thomas Johnson and others, in portions 
therein mentioned, on condition that they, within five years, 
permanently settle on said location, fifteen families ; and 
whereas, it is represented that the lands located under said 
grant, lie in Orono, and are of a very poor quality, and that 
a fourth part thereof, are not susceptible of cultivation and 
settlement ; Therefore, 

Mesolved, That for reasons mentioned, the grantees in said 
resolves of January twenty fourth, in the year of our Lord one 
thousand eight hundred and fifteen, their heirs and assigns, 
be, and they are hereby wholly excused from the performance 
of all settling duties required by said resolves. 



CHAP. LXXXV. 

Mesolve on the petition of Mijah Crane. February 3d, 1820. 

On the petition of Abijah Crane, of Boston, in the County 
of Suffolk, Administrator of the goods and estate of William 
Perkins, late of said Boston, deceased, shewing that said 
Perkins, with Newell Withington, of said Boston, his late 
partner in trade, did, by agreement, bargain and sell to one 
Nathaniel Pratt, Junior, of Marshfield, in the County of 
Plymouth, a certain piece of land, situated in said Marsh- 
field, containing about one acre and six rods, said piece of 
land being owned by said Perkins and Withington, jointly, 
but he, the said Perkins died before the deed could be exe- 
cuted to convey said land ; and praying that he the said 
Abijah, in his said capacity, together with the said Newell, 
may be authorized to convey said premises to him the said 
Nathaniel : 



E. HANDY.— A. LITHGOW. Feb. 5. 123 

Resolved, For reasons set forth in said petition, that said 
Abijah Crane be, and he is hereby authorized and empower- 
ed to convey the said William Perkins' right and title in 
and to the aforedescribed premises, and to join said Newell 
Withington in a good and sufficient deed thereof, to have 
and to hold the same, to the said Nathaniel Pratt, Junior, 
his heirs and assigns, in as full and ample a manner as if 
the said premises had been conveyed to him in the life time 
of the said William. 



CHAP. LXXXVI. 

Mesolve on the petition of Ebenezer Handy. 
February Sd, 1820. 

On the petition of Ebenezer Handy : 

Mesolved, That thirty six dollars be granted and paid out 
of the public treasury, to Ebenezer Handy, in full for ex- 
penses in pursuing and bringing to justice Aaron Grace and 
Thomas B. Andrews ; which sum was recovered of them, 
on forfeiture of their bonds, at the Supreme Judicial Court^ 
at Augusta, in the County of Kennebec, at the June term, 
in the year of our Lord one thousand eight hundred and 
seventeen. 



CHAP. LXXXVII. 

Resolve on the jpetition of Arthur Lithgow, Exempting him 
from Arrest. February 5th, 1820. 

On the petition of Arthur Lithgow, praying to be dis- 
charged from an execution, founded on a judgment recovered 
against him, in behalf of the Commonwealth, in one thou- 
sand eight hundred and eighteen : 

Resolved, For reasons set forth in said petition, that, until 
the Legislature shall otherwise direct, the body of the said 
Lithgow be; and hereby is exempted from all arrests and 



124 E. GILBERT AND OTHERS. Feb. 5. 

restraints on account of a judgment or execution, wliicli was 
recovered by tlie Commonwealth against liinij in the year 
one thousand eight hundred and eighteen, for five hundred 
and thirty one dollars, Avhich sum still remains due and 
unpaid. 



CHAP. Lxxxvin. 

Resolve on the petition of Eliel Gilbert and others, empower- 
ing the Court of Sessions to Grant Money for Building a 
Bridge over Deerfield River. February 5th, 1820. 

On the petition of Eliel Gilbert and others : 
Resolved, For reasons set forth in said petition, that the 
Court of Sessions, within and for the County of Franklin, 
are hereby empowered at the next term of holding their 
court, at Greenfield, on the first Tuesday of March next, and 
at any future term of holding their said court, to hear any 
petition, statement, or request, from any town, by their agents, 
or any person or persons, inhabitants of said county, pray- 
ing for aid and assistance to build and keep in repair a bridge 
over Deerfield River, above and near the falls, so called, 
between the Towns of Shelburne and Buckland, in said 
county ; and the said Court of Sessions shall be, and are 
hereby empowered to grant and allow such sum or sums of 
money, from time to time, as they may think proper, not 
exceeding two thousand dollars, for the purposes mentioned 
in this resolve ; and may also appoint an agent, if they see 
cause, to superintend the expenditure of all monies so grant- 
ed, and render to the said court an account thereof. 

Jlnd be it further resolved, That the said Eliel Gilbert 
cause a copy of this resolve to be printed in the Franklin 
Herald, published in Greenfield, in two successive papers, 
before the time of holding said court, on the first Tuesday 
of March next, that any town within the said county, may 
appear, by their agent or attorney, and shew cause, if any 
they have, why such grant or grants, ought not to be made. 



J. LOCKE.— W. ANDREWS, JUNIOR. Feb. 5. 125 

CHAP. LXXXIX. 

Resolve on the petition of John Locke. February 5th, 1820. 

On the petition of John Locke, of Ashby, in the County of 
Middlesex, father, and Guardian of John Locke, Junior, 
and Albert Locke, minors, praying for license to sell and 
convey the whole of the real estate, devised to them by the 
last will and testament of Nathaniel Goodwin, of Plymouth, 
in the County of Plymouth^ Esquire : 

Resolved, That the prayer of the petitioner be granted ; 
and the Guardian of the said John Locke, Junior, and Albert 
Locke be, and he is hereby authorized and empowerd to sell 
and convey, at public or private sale, all the right and inter- 
est which his said children and minors have, in any and all 
the real estate, devised unto them by the last will and testa- 
ment of the said Nathaniel Goodwin, situate in the Towns 
of Plymouth, Carver, and Sandwich. And such convey- 
ance, so made by the said John Locke, in his said capacity, 
shall operate to all intents and purposes as a valid convey- 
ance of all the right, title, and interest, which the said minors 
have in lands, holden by the devise aforesaid ; provided, 
that the said John Locke, Guardian, as aforesaid, first give 
bond, with sufficient sureties, to the Judge of Probate, for 
the County of Middlesex, or his successor in said office,, 
that the proceeds of all such sales, so to be made, shall be 
put at interest, on good security, for the benefit of the said 
minors, and the same be accounted for according to law. 



CHAP. XC. 

Resolve in favor of William Andreivs, Junior. 
February 5th, 1820. 

Whereas, by a resolve approved by the Governor, the 
twenty ninth day of January last past, the Treasurer of the 
County of Essex, was authorized and directed to pay William 
Andrews, Junior, the sum of two hundred and fifty dollars, 
out of the fines paid by Doctor Thomas Sewall, to the 



126 W. ANDREWS, JUN.— J. TREAT. Feb. 7. 

Treasurer of the County of Essex, for the Commonwealth ; 
and whereas, it now appears that the amount of said fines, 
out of which said sum was ordered to be paid to the said 
William Andrews, Junior, has been paid by the Treasurer 
of the County of Essex to the Treasurer of the Common- 
wealth ; Therefore, 

Resolved, That the Treasurer of the County of Essex be, 
and he is hereby ordered and directed to pay to the said 
William Andrews, Junior, the said sum of two hundred and 
jfifty dollars, out of any monies, now, or which hereafter may 
be in his hands, belonging to the Commonwealth, and the 
receipt of the said Andrews, shall be a sufficient discharge 
to the said Treasurer of the County of Essex therefor, and 
the same shall be allowed him, in the settlement of his ac- 
counts with the Commonwealth. 



CHAP. XCI. 

Mesolvefor Conveying Land to Joseph Treaty on conditions. 
Febmary 7th, 1820. 

Resolved, That the Commissioners of the Land Office be, 
and they hereby are empowered and directed to convey to 
Joseph Treat, of Bangor, in the County of Penobscot, five 
thousand acres of land, now owned by this Commonwealth, 
on the easterly side of Penobscot River, bounded as follows, 
viz. ; beginning in the north or head line of the nine town- 
ships, formerly purchased of the Indians, where the same 
strikes the easterly bank of Penobscot River ; thence extend- 
ing east on said line, to the westerly bank of Cold Stream 
Pond ; thence northerly by said Pond, until a line drawn 
west, or parallel with the aforesaid line, to Penobscot River ; 
and then down on the easterly side of said river, to the place 
of beginning, shall contain five thousand acres ; the same to 
be laid out under the direction of the Commissioners of the 
Land Office, at the expense of said Treat : Provided, however, 
that this conveyance be made to said Joseph, on the sole 
condition, that the said Treat shall, for himself, and for, and 
in behalf of Richard Winslow, release and surrender to said 
Commissioners, all the right, title, claim and interest, which 



J. TREAT.— E. A. GREENWOOD. Feh. 7. 127 

they the said Treat and Winslow have, or may have, by 
virtue of any lease or leases from the Penobscot Ttibe of In- 
dians, to any lands, or timber, or meadow grounds, belonging 
to the Commonwealth : Jind, provided further, that said 
Treat execute a bond to the Commonwealth, Avith sufficient 
sureties, conditioned that, within two years from the passing 
of this resolve, he will faithfully erect and put in operation, 
a good and sufficient saw mill and grist mill, on Cold Stream, 
so called ; and, provided, also, that the reciprocal interchange 
of deeds and writings herein mentioned, of the said Treat and 
said Commissioners, be made before the close of the present 
;ession of the Greneral Court, and not afterwards. 



CHxiP. XCII. 

Resolve on the petition of Ethan A. Greemeood. 
February 7th, 1820. 

On the petition of Ethan A. Grreenwood, Agent of the New 
England Museum and Grallery of Fine Arts : 

Resolved, That the resolve on the petition of Ward Nich- 
olas Boylston, approved January twenty one, one thousand 
eight hundred and twenty, be, and the same is hereby re- 
pealed ; and the Solicitor General of this Commonwealth is 
hereby directed to discontinue any proceedings which may 
have been commenced pursuant to said resolve. 



CHAP. XCIII. 

Resolve authorizing the Governor to appoint Commissioners 
to ascertain the Boundary Line between this Common- 
wealth and the State of Connecticut. Febniary 7th, 1820. 

Whereas it is represented to the Greneral Court of this 

Commonwealth, that contentions and disputes have arisen 

between the citizens of this Commonwealth, and those of the 

State of Connecticut, respecting the boundary line between 

17 



128 BOUNDARY LINE. Feb. 7. 

this Commonwealth and the said State; to prevent which in 
future, and to promote harmony and affection between the 
citizens of the two respective States : 

Resolved, That His Excellency the Governor, with the 
advice of the Council, be, and hereby is authorized and re- 
quested to nominate and appoint three suitable persons as 
Commissioners, on the part of this Commonwealth, for ascer- 
taining the boundary line between the same and the said 
State of Connecticut, east of Connecticut River. And the 
said Commissioners are hereby authorized and empowered 
to meet such Commissioners as may be appointed and vested 
with similar powers, for the aforesaid purpose, by the Legis- 
lature of the State of Connecticut ; and in conjunction with 
them, as soon as may be, to ascertain, run, and mark such 
boundary line, erect durable monuments, at such places as 
they shall think proper and effectual, to prevent future mis- 
takes and disputes respecting the same. 

And the Commissioners on the part of this Commonwealth, 
are authorized and empowered to agree upon such principles 
respecting the running said line, as from the best documents 
they can obtain, may appear to them just and reasonable ; 
which line, when so ascertained, forever afterwards shall be 
considered and held to be the just and true boundary line of 
jurisdiction between this Commonwealth and the said State of 
Connecticut. And the Commissioners, on the part of this 
Commonwealth, are authorized to employ such Surveyors 
and chain bearers, as they may think proper, to assist in duly 
ascertaining the line aforesaid. 

And the Grovernor of this Commonwealth is requested to 
transmit a copy of this resolve to the Grovernor of Connecticut, 
that the same may be duly communicated to the Legislature 
of that State, in order that Commissioners may be appointed 
and measures taken, on the part of such State, for ascertain- 
ing the bounds aforesaid. 

Be it further resolved, That there be paid out of the 
treasury of this Commonwealth, to said Commissioners, a 
sum not exceeding five hundred dollars, to enable them to 
defray the immediate expenses of running and establishing 
said line ; said Commissioners to be accountable to the Gen- 
eral Court for the proper application of the same ; and His 
Excellency the Governor is hereby requested to draw his 
warrant on the Treasurer for the same. 



LINCOLN ACADEMY. Feb. 7. 129 



CHAP. XCIV. 

"A 

Resolve Confirming Certain Lands to Lincoln Academy. 
February 7tb, 1820. 

On the memorial of the Trustees of Lincoln Academy : 
Resolved, That the gore of land, described in a deed, 
made the twenty seventh day of February, in the year of 
our Lord one thousand eight hundred and six, by John 
Read and William Smith, Agents for the sale of Eastern 
Lands, to the Trustees of Lincoln Academy, be, and hereby 
is confirmed to said corporation, without the condition of 
locating thereon, three lots, of one hundred and sixty acres 
each, for public uses, according to the true intent and mean- 
ing of a resolve of the twenty eighth of February, one thou- 
sand eight hundred and fourteen : Provided, if there are 
any persons who settled on said lands before the first day of 
January, in the year one thousand seven hundred and eighty 
four, who have neglected to demand deeds conformable to said 
resolve, said corporation shall be holden to assign to each 
settler of that description, their heirs or assigns, one hundred 
acres of land, as in said resolve is expressed, who shall ap- 
ply for the same within three years from the passing of this 
resolve. 



CHAP. XCV. 

Resolve relating to Soldiers' Claims upon the Common- 
wealth, Febniary 8th, 1820. 

Resolved, That the Secretary and Treasurer of the Com- 
monwealth, for the time being, on application made to them, 
for the payment of any balance, which appears by the books 
in the Secretary's Office, to be due to any officer or soldier of 
the American revolutionary army, belonging to the Massa- 
chusetts line, and on the applicant's producing to them the 
testimonials or vouchers, required by the resolves of June 
fourteenth, one thousand seven hundred and ninety three, 
and February first, one thousand seven hundred and ninety 



130 SOLDIERS' CLAIMS.— S. FOWLER. Feb. 9. 

four, and making oatli, that lie verily believes, that such 
balance is still due and unpaid, shall certify to the Gov- 
ernor and Council the amount of such balance, without 
interest, together with the addition thereto, or deduction 
therefrom, if any, required by the resolve of March sixth, 
one thousand seven hundred and ninety three ; and his Ex- 
cellency the Grovernor is hereby authorized and requested, 
by the advice of Council, to issue his warrant on the Trea- 
surer of the Commonwealth, for such sum, so certified as 
aforesaid : Provided^ lioicever, that in all cases wherein 
the said Secretary and Treasurer may have doubts, either 
as to the sum due, or the validity of the testimonials, or 
vouchers, aforesaid, the same shall be, by them, laid before 
the Governor and Council for their consideration, examina- 
tion and decision thereon : Jlnd provided, also, that no such 
balance shall be certified or paid, as aforesaid, unless appli- 
cation shall be made therefor, as aforesaid, within two years 
next after the passing of this resolve. 



CHAP. XCVL 

Uesolve on the petitio7i of Smniiel Fowler, President of the 

Eighth Massachusetts Tmmpike Corporation. 

February 9th, 1820. 

Resolved, For reasons set forth in the petition of Samuel 
Fowler, President of the Eighth Massachusetts Turnpike 
Corporation, that George Conant, Esquire, of Becket, in the 
County of Berkshire, Jacob Bliss, Esquire, of Springfield^ 
and Enos Foot, Esquire, of Southwick, in the County of 
Hampden, be a Committee, with full power to view the road 
of the Eighth Massachusetts Turnpike Corporation, and 
make such alterations in the course of said road as they may 
think just and reasonable ; and to lay out the same in such 
manner as will best promote the public good. And they are 
hereby authorized to appraise any damages that may be sus- 
tained, by any person or persons, over whose land the road 
shall be laid. And the person or persons, so injured in their 
lands, shall recover the appraised damage of said Corpora- 
tion, in the manner provided in the act of incorporation. 



GOVERNOR'S MESSAGE. Feb. 9. 131 

And said Committee are further authorized to consider and 
report what alterations, if anj^, ought to be made in the rate 
of toll taken at the second gate : Provided, that thirty days 
notice of the time and place of the first meeting of said 
Committee, be given by publication thereof in the Hampden 
Federalist, printed at Springfield, and the Berkshire Star, 
printed three weeks successively before the meeting of said 
Committee. 



CHAP. xcvn. 

Governor's Message. February 9th, 1820. 

Gentlemen of the Senate, and 

Gentlevnen of the House of Representatives , 

The Secretary will lay before you, a communication I 
have received from the Governor of the State of Ohio, refer- 
ing to several resolutions of the General Assembly of that 
State, relating to an Amendment of the Constitution of the 
United States, proposed by the State of Pennsylvania, for 
restricting the power of Congress, in establishing any bank 
or other monied institution, to the District of Columbia. 

I avail myself of this occasion, to inform you, that the re- 
signation of Major General Amos Hovey, has created a 
vacancy in the office of Major General, in the second division 
of the militia. 

JOHN BROOKS. 

Council Chamber, February 9, 1820. 



CHAP, xcvin. 

JResolve granting Fifty Dollars to the Town of Attlehoroiigh, 
for Siippoi't of J. Barnard. February 9th, 1820. 

On the petition of Lemuel May, Esquire, praying for al- 
lowance for the support of Joseph Barnard, a Common- 
wealth's pauper : 



132 BENJAMIN R. NICHOLS. Feh. 9. 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the treasury of this Common- 
wealth, to said inhabitants, the sum of fifty dollars, in full 
for the support of the said Joseph Barnard, to the twentieth 
day of January, one thousand eight hundred and twenty. 



CHAP. XCIX. 

Mesolve on the petition of Benjamin jK. JSTichols. 
February 9th, 1820. 

On the memorial of Benjamin R. Nichols, of Salem, in 
the County of Essex, in behalf of the Commissioners of the 
Legislature, for arranging and transcribing the Plymouth 
Colony Records, stating that they, or any one of them, were 
appointed by the Legislature, in June, one thousand eight 
hundred and eighteen, a Committee to cause the said records 
to be arranged and transcribed, and for that purpose, were 
authorized to remove the records from the Register of Deeds' 
Office, in Plymouth, and to return them when completed, to 
the same place, and to deposit the copies in the Secretary's 
Office in Boston ; that the said Nichols, at the request of the 
other Commissioners, undertook the aforesaid trust, and 
performed part of said services, as by his report heretofore 
made to the Legislature ; since which time he has completed 
the same : Therefore, 

Resolved J For reasons set forth in said memorial, that there 
be paid out of the treasury of this Commonwealth, to the 
said Benjamin R. Nichols, the further sum of one thousand 
dollars, the same being in full for repairing, arranging, 
transcribing and indexing the Plymouth Colony Records, 
including expenses for paper, binding and stationary, cases 
for the records, travelling, and all other expenses in relation, 
to that subject, by the said Nichols, and his assistants, and 
the other Commissioners. And His Excellency the Gover- 
nor, with the advice of Council, is requested to issue a 
warrant on the treasury accordingly^ for the payment of the 
said sum. 



MIDBLEBOROUGH. Feh. 10. 133 

CHAP. C. 

Resolve on the First Precinct in J^Iiddleborough, 
February lOtli, 1820. 

On the petition of the First Precinct in Middleborough, 
praying to be authorized to raise money for a ministerial 
fund, by tax : 

Resolved^ For reasons set forth in said petition, that the 
inhabitants of said precinct be, and they hereby are author- 
ized and empowered to raise by tax, a sum of money, not 
exceeding three thousand and five hundred dollars, to be 
agTeed upon, assessed, and collected in the usual way of 
raising money for parochial purposes ; which sum, with 
other money now in the treasury of said precinct, may be 
placed in the hands of Trustees, to be kept as a fund for 
the use of those inhabitants of said precinct, who shall be 
incorporated into a new parish, agreeably to the petition of 
John Tinkham and others, now pending before this General 
Court. 



CHAP. CI. 

Resolve on the jjetition of Joseph Raynes, for an Old 
Soldier^ s Gratuity. February 11th, 1820. 

On the petition of Joseph Raynes, praying that a gratuity 
for revolutionary services, performed by Jonathan Tyler, 
Junior, may be paid him : 

Resolved^ That, for reasons set forth in said petition, 
there be paid out of the treasury of this Commonwealth, 
sixteen dollars, in full for the gratuity mentioned in said 
petition ; and the Governor of tliis Commonwealth is hereby 
authorized to draw his warrant on the Treasurer, in favor 
of the said Raynes, for that sum. 



134 JOHN SPRING.— LYJDIA ROWELL. Feb, 11. 



CHAP. CII. 

Resolve on the petition of John Spring. 
February 11th, 1820. 

Oil the petition of John Spring, in behalf of himself, and 
Seth Spring : 

JHesolved, For the reasons set forth in the said petition, 
that two thirds of the amount of monies for which the Com- 
missioners of the Land Office were authorized by resolve of 
this Legislature, passed February twentieth, one thousand 
eight hundred and eighteen, to pay Seth Spring, Andrew 
M. Spring, and John Spring, be paid to Seth Spring and 
John Spring, on their complying with the proviso of said 
resolve ; and the remaining third, be paid to Andrew M. 
Spring, on his compliance with the condition aforesaid, by 
appearing in person, or by proper attorney. 

Resolved, That His Excellency the Governor be, and he 
hereby is authorized to draw his warrant on the Treasurer 
of the Commonwealth, in favor of the said Commissioners 
of the Land Office, for such sum of money as they shall re- 
quire, to enable them to carry the foregoing resolve into 
effect. 



CHAP. cin. 

Resolve on the petition of Lydia Rowell, authorizing her to 
Sell Real Estate. February 11th, 1820. 

On the petition of Lydia Rowell, widow : 

Resolved, That the said Lydia Rowell, in her capacity of 
Guardian to Moses Rowell, a minor, be, and she is hereby 
empowered to sell so much of the real estate of the said 
Moses Rowell, her ward, as shall amount to and produce 
the sum of four hundred dollars, and incidental charges, 
necessary to purchase certain rights in the iron works on 
Powow River, in the Town of Salisbury, and thereby to re- 
lieve the premises from the incumbrances stated in her said 
petition ; the said Guardian to post notifications, thirty days 



AMOS G. BALDWIN. Feh, 11. 135 

before the sale, and to give bonds to the Judge of Probate 
for the County of Essex, to be under oath, and to observe 
the rules and regulations relative to said sale, in the same 
manner as is provided for, in cases where executors and ad- 
ministrators shall have been empowered by court, to make 
sale of the real estate of deceased persons, for the payment 
of their just debts. 



CHAP. CIV. 

Resolve on the petition of Jlmos G. Baldwin. 
February lltli, 1820. 

On the petition of the Reverend Amos Gr. Baldwin, of 
Ogdensburgh, in the County of St. Lawrence, and State of 
New York, praying that he may be exempted from all lia- 
bility in law, in consequence of having illegally solemnized 
a marriage, in this Commonwealth : 

Resolved, For reasons set forth in said petition, tliat the 
aforesaid Amos G. Baldwin be, and he hereby is exempted 
from all liability, in law, to any prosecution or penalty in- 
curred by him, in consequence of having solemnized a mar- 
riage, in the Town of Great Barrington, in this Common- 
wealth, on the twenty seventh day of October, in the year 
of our Lord eighteen hundred and seventeen, between the 
Reverend Samuel Griswold and Miss Maria Riley, both of 
Great Barrington, aforesaid. 

Resolved, That the marriage aforesaid, of the Reverend 
Samuel Griswold and Maria Riley, solemnized as aforesaid, 
be, and the same is liereby made good and valid in law, any 
statute of this Commonwealth to the contrary notwithstanding. 

Resolved, also, That the issue of the marriage aforesaid, 
if any, be, and they are liereby declared legitimate, and made 
capable in law, of inheriting and of transmitting by inherit- 
ance, through or from them, in the same way and manner as 
though such marriage were originally solemnized according 
to law. 

18 



136 TREASURER'S STATEMENT Feb, 11. 



CHAP. CV. 

Resolve on the Statement of the Treasurer. 
February 11th, 1820. 

On the statement of the Treasurer of this Commonwealth, 
in relation to taxes appearing by his books to be due from 
sundry plantations and other places : 

Resolved, For reasons set forth in said statement, that the 
sum of twenty seven dollars and four cents be remitted* to 
township number thirteen, west of Machias, granted to John 
Peck, Washington County, for taxes for the years one tliou- 
sand eight hundred and twelve to one thousand eight hun- 
dred and eighteen, inclusively ; it appearing that said 
township is the town of Columbia, and that Columbia has 
been taxed since one thousand eight hundred and twelve, 
and the taxes on the same have been paid. Also, that seven- 
ty eight dollars and thirty cents be remitted to township 
number eleven and twelve, adjoining Harrison and Stubeu, 
in the same county, for taxes for the years one thousand 
eight hundred and twelve to one thousand eight hundred 
and eighteen, inclusively ; it appearing that said townships 
are included in the Town of Cherry field and Bingham's 
Purchase, and that those places have been taxed, and the 
taxes have been paid for the years one thousand eight hun- 
dred and twelve to one thousand eight hundred and eighteen, 
inclusively. Also, that twenty seven dollars and twenty 
cents be remitted to township number three, between Ken- 
nebeck and Androscoggin River, granted to Jacob Abbot, 
taxed in Oxford County, for the years one thousand eight 
hundred and tAvelve to one thousand eight hundred and fif- 
teen, inclusively ; the Sheriff of said County not being able 
to find any such land in the County of Oxford, and it being 
supposed, that said township is the Town of Phillips, in 
Somerset County. Also, that seventeen dollars and thirty 
three cents be remitted to Patricktown Plantation, in Lincoln 
County, for taxes in one thousand eight hundred and eight- 
een ; it appearing by several resolves of the General Court, 
passed February twenty fifth, one thousand eight hundred 
and fourteen, February sixteenth, one thousand eight hun- 
dred and fifteen, and February thirteenth, one thousand 
eight hundred and eighteen, that it was not the intention of 



GOVERNOR'S MESSAGE. Feb. 11. 137 

the Legislature to tax it. Also, that sixteen dollars for taxes 
for the years one thousand eight hundred and eighteen and 
one thousand eight hundred and nineteen, be remitted to a 
place, called gore of land, north of Florida, Berkshire Coun- 
ty ; it appearing by a resolve of the General Court, passed 
February thirteenth, one thousand eight hundred and eight- 
een, that it was not the intention of the government to impose 
a tax on that tract. Also, that thirty six dollars for taxes, 
from one thousand eight hundred and sixteen to one thou- 
sand eight hundred and eighteen, inclusively, be remitted to 
Sebasticook Plantation, Somerset County ; inasmuch as the 
said taxes, so imposed, should have been apportioned be- 
tween that plantation and Snakeroot Plantation, as has been 
•Subsequently done in the tax act of one thousand eight hun- 
dred and nineteen. 

Jllso, it is further resolved^ that Honorable Daniel Sar- 
gent, Treasurer, as aforesaid, be and he hereby is empow- 
ered and directed to place to the credit of the aforesaid tax 
debtors, the several sums remitted to them respectively, in 
order that liis books be closed, in conformity to the tenor of 
this resolve. 



CHAP. CVI. 

Governor's Message. February 12th, 1820. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

A communication from the American Asylum, at Hartford, 
dated the eighth instant, will be herewith laid before you, 
by the Secretary. It presents a difficulty which was not 
anticipated by the Legislature, when the resolve of June 
nineteenth, one thousand eight hundred and nineteen, re- 
specting the deaf and dumb, was passed. Although the con- 
tinuance of the younger Tripp, from the account given of him 
by the officers of the asylum, would be unavailing to his 
improvement, the Executive is vested with no authority to 
facilitate his return to his friends by pecuniary means. It 



138 SALLY WAUGH.— ASA GOODELL. Feb. 15 

is therefore submitted to your consideration, whether any pro- 
vision shall be made for defraying the expense of the said 
Tripp's removal, and for similar contingencies in future. 

JOHN BROOKS. 

Council Chamber, February 12, 1820. 



CHAP. CVII. 

J^esolve on tJie petition of Sally Waiigh. 
February 14th, 1820. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid out of the treasury of this Com- 
monwealth, to Sally Waugh, widow, and Administratrix of 
^he estate of the late Colonel James Waugh, Junior, of 
Starks, in the County of Somerset, twenty five dollars and 
seven cents, it being in full for the services rendered by her 
late husband, as President of a Court Martial, held at Au- 
gusta, in the County of Kennebec, in March, in the year of 
our Lord one thousand eight hundred and fifteen ; which 
said sum was duly returned as the amount of travel and at- 
tendance of the said Colonel James Waugh, Junior, at the 
Court Martial aforesaid: And His Excellency the Governor 
be, and he hereby is requested to draw his warrant on the 
Treasurer for the same. 



CHAP. CVIII. 

Mesolve on account of Asa Goodell, Trustee of Grafton 

Indians, and appointing Jonathan Leland, Trustee in 

his stead. February 15th, 1820. 

Whereas Asa Goodell, of Millbury, in the County of 
Worcester, the Trustee of the Hassanamisco or Grafton In- 
dians, has presented his account for allowance, which has 



GOVERNOR'S MESSAGE. Feb. 15. 139 

been examined, and believed to be correct; and there remains 
in his hands, the sum of fourteen hundred and fourteen dol- 
lars, including a note for twenty pounds, supposed to be of 
little value, signed by Stephen Maynard. 

Resolved, That the said account be, and it is hereby al- 
lowed. 

And he it further resolved, That Asa Goodell, the present 
Trustee, according to his written request, be, and he is here- 
by discharged from any further service in his said trust ; and. 
that Jonathan Leland, Esquire, of Sutton, in said County of 
Worcester, be, and he is hereby appointed Trustee of said 
Hassanamisco Indians : and the said Leland is hereby em- 
powered to receive of the said Goodell, the said sum of four- 
teen hundred and fourteen dollars, including the said Stephen 
Maynard'g note of twenty pounds ; and the said Goodell is 
hereby ordered and directed to pay over the same accord- 
ingly. 



CHAP. CIX. 

Governor's Message. February 15th, 1820. 

Gentlemen of the Senate, and 

Gentlemen of the House of RejJresentatives, 

The Secretary will lay before you, the petition of Allen 
Durfee, of the State of Rhode Island, praying for a reward, 
for apprehending Thomas Daniels, one of the supposed mur- 
derers of the late Jacob Gould, of Stoneham. With the 
view of explaining the reasons which have occasioned a re- 
ference of the petition to your consideration, I shall, at the 
same time, cause to be laid before you, a copy of the advice 
of the Council, on that subject, and of the proclamation re- 
ferred, to in tlie petition, together with sundry affidavits 
adduced by the petitioner, to substantiate the facts on which 
his claim to remuneration is founded. 

JOHN BROOKS. 

Council Chamber, Fehruanj 15, 1820. 



140 TOWNSHIP NUMBER THREE. Feb. 16. 



CHAP. ex. 

Hesolve authonzing the Sale of the Commonwealth'' s Inter- 
est in Township JWmber Three. February 16th^ 1820. 

Resolved^ That the Commissioners of the Land Ojffice be, 
and they are hereby authorized to sell and convey all the 
Commonwealth's right, title, and interest to the residue of 
two elevenths of the third and fourth quarters of township 
number three, on the east side of Penobscot River, at such 
price, and upon such terms as they shall judge for the inter- 
est of the Commonwealth ; said residue having reverted to 
the Commonwealth, by an adjustment with Joseph Butter- 
field, made pursuant to a resolve of December the thirteenth, 
one thousand eight hundred and sixteen. 



CHAP. CXI. 

Resolve on the petition of Mary Pratt. February 1 6th, 1820. 

On the petition of Mary Pratt, of Bowdoin, in the County 
of Lincoln, setting forth, that William Patten, Junior, late 
of Topsham, in said county, deceased, intestate, was her 
natural son, and that the said William, having left no legal 
heir, his estate, amounting to the sum of ninety eight dollars 
and twelve cents, after paying all the just debts and legal 
claims, now remains in the hands of l)aniel Allen, of said 
Bowdoin, Administrator on the estate of said deceased ; 
which sum will escheat to this Commonwealth, and praying 
that the same may be paid to her for her own use and benefit : 

Resolved f That the prayer of the petitioner be granted, 
and that she be, and she is hereby authorized and empow- 
ered to receive and recover of the said Administrator, to her 
own use and benefit, the said sum of ninety eight dollars and 
twelve cents, in like manner as if she were the sole and legal 
heir of said William Patten, deceased : Provided, neverthe- 
less, that the said Mary Pratt shall, before receiving the 
same, give to the said Administrator a bond, with a good and 
sufficient surety, that she will refund to said Administrator, 



TAX ON COUNTIES. Feb. 16. 141 

the amount which she shall thus be entitled to receive, in 
case any further debts or demands against the estate of said 
William Patten, shall liereafter appear, for which the said 
Administrator may, in any way, be liable. 



CHAP. CXII. 

Resolve allowing Davis Sumner and Wife, to Sell Real 
Estate. February 17th, 1820. 

On the petition of Davis Sumner and Dorothy, his wife : 
Resolved. That Davis Sumner of Bellingham, in the 
County of Norfolk, son of Seth Sumner, late of Milton, in 
said County of Norfolk, Esquire, deceased, and Dorothy, 
the wife of said Davis, who are Trustees, to the use of their 
children, of a farm in said Bellingham, described in a deed 
made to them, by John Miller, on the seventeenth day of 
July, in the year one thousand eight hundred and fifteen, 
duly recorded in the Registry of Deeds for Norfolk County, 
be, and hereby are authorized and empowered to sell and 
convey to Caleb Hobart, of Milton aforesaid, trader, thirty 
acres and three fourths of an acre of land, part of the afore- 
said farm, in such manner as the Judge of Probate for Nor- 
folk County, shall direct and approve ; said sale being ne- 
cessary to remove incumbrances on said farm, existing at the 
time the same was purchased ; and a deed of the aforesaid 
quantity of said farm from said Trustees, duly executed, 
with the approbation of said Judge of Probate certified there- 
in, shall vest the fee of the same in the purchaser or grantee, 
his heirs or assigns. 



CHAP. CXIII. 

Resolve Laying a Tax on the Several Counties. 
February 16th, 1820. 

Whereas, the Treasurers of the following counties, have 
laid their accounts before the Legislature , which accounts 



142 TAX ON COUNTIES. Feh. 16. 

have been examined ami allowed ; and whereas the Clerks 
of the Courts of Sessions for said counties, have exhibited 
estimates made by said courts, of the necessary charge« 
which may arise within the said several counties for the year 
ensuing, and of the sums necessary to discharge the debts of 
said counties : 

Resolved^ That the sums annexed to the several counties, 
contained in the following schedule, be, and the same are 
hereby granted as a tax for each county, respectively, to be 
apportioned, assessed, paid, collected and applied, for the 
purposes aforesaid, according to law, viz. : 

County of Wasliington, one thousand ei»ht hundred dollars, §1,800 00 
County of Kennebec, four thousand ei^iht hundred dollars, - 4,800 00 
County of Middlesex, nine thousand dollars, . - - 9,000 00 

County of Hancock, three thousand five hundred dollars, - 3,500 00 
County of Franklin, three thousand two hundred dollars, - 3,200 00 
County of Dukes' County, one thousand dollars, - - - 1,000 00 
County of Somerset, three thousand dollars, - . - 3,000 00 

County of Bristol, five thousand dollars, - - - - 5,000 00 
County of Hampshire, three thousand dollars, _ - - 3,000 00 
County of Penobscot, two thousand seven hundred and forty 

dollars, ... - 2,r40 00 

County of Barnstable, one thousand five hundred dollars, - 1,500 00 
County of Norfolk, six thousand dollars, - .- - - 6,000 00 
County of Berkshire, five thousand dollars, - - - - 5,000 00 
County of Lincoln, four thousand seven hundred dollars, - 4,700 00 
County of York, four thousand dollars, - - - . 4.000 00 

County of Plymouth, ten thousand dollars, - - - - 10,000 00 
County of Cumberland, fourteen thousand two hundred dollars, 14,200 00 
County of Essex, seven thousand dollars, - - - - 7.000 00 
County of Surt'olk, thirty thousand dollars, - - - -30,000 00 
County of Worcester, twelve thousand dollars, - - - 12,000 00 
County of Hampden, three thousand dollars, . . . 3,000 00 



CHAP. CXIV. 

Ilesolve Laying a Tax on the County of Oxford. 
February IGth, 1820. 

Whereas, the Clerk of the Court of Sessions for the Coun- 
ty of Oxford, has exhibited an estimate made by said court, 
of the necessary charges which may arise within said County 
the year ensuing, and of the sum necessary to pay the debts 
of said county : 



COGNIZANCE OF CRIMES. Feb. 17. 143 

Resolved, That the sum of four thousand dollars be, and 
the same is hereby granted as a tax on the said County of 
Oxford, for the year of our Lord one thousand eiglit hundred 
and twenty, to be apportioned, assessed, paid, collected and 
applied for the purposes aforesaid, according to law. And 
whereas said estimate is not accompanied by the Treasurer's 
account for said county ; Therefore, 

JBe it further resolved, That the Treasurer of said county 
be, and he hereby is required to produce his account as 
Treasurer of the county aforesaid, at the first session of the 
next General Court. 



CHAP. CXV. 

Resolve giving the Supreme Judicial Court, at their adjourn- 
ed term, in the County of Bristol, cognizance of Crimes 
and Offences, and authorizing Appeals to he entered at 
said term. February 17th, 1820. 

Resolved, That the Supreme Judicial Court, which shall 
be liolden in the County of Bristol, at the adjourned term 
thereof, on the last Tuesday of May next, shall and may 
have cognizance of all crimes and offences committed within 
the said County of Bristol, in the same way and manner as 
they would have at any regular and established term of said 
court, and may direct the Clerk of said court to summon a 
Grand Jury, to attend at the said adjourned term, if, in their 
opinion, the number of prisoners in the gaol, in said county, 
or other circumstances, shall render it expedient or necessary. 

Resolved, That all appeals which have been made from 
any judgment, decree or sentence of the Circuit Court of 
Common Pleas, which was liolden in said County of Bristol, 
on the second Monday of December last past, and all ap- 
peals, which shall be made from any judgment, decree, or 
sentence, of the Circuit Court of Common Pleas, which will 
be liolden in said county, on the second Monday of March 
next, shall and may be entered, have day, and be proceeded 
upon and determined, at the adjourned term of the Supreme 
Judicial Court, to be holden in said county, on the last 
Tuesday of May next, in the same way and manner as by 
19 



144 DEAF AND DUMB PERSONS. Feb. 19. 

law, appeals may be entered and acted upon, at any regular 
and established term of said court. 



CHAP. CXVI. 

Mesolve on the jpetition of Mien Durfee. 
February 18th, 1820. 

On the petition of Allen Durfee, to His Excellency the 
Governor, praying for a reward for apprehending Thomas 
Daniels, one of the supposed murderers of the late Jacob 
Gould, of Stoneham, w hich was referred by His Excellency 
to the consideration of the General Court : 

Resolved, That there be allowed and paid out of the trea- 
sury of this Commonwealth, to the said Allen Durfee, the 
sum of two hundred dollars, which shall be in full for the 
services stated in his petition ; and that the Governor, with 
advice of the Council, be requested to draw his warrant ac- 
cordingly. 



CHAP. CXVII. 

Resolve provid'mg for the Removal of Deaf and Dumb Per- 
sons, from the *3.merican Asylum, at Hartford. 
February 19th, 1820. 

Whereas, it appears that Benjamin Tripp, one of the 
number of deaf and dumb persons designated to participate 
the advantages of the American Asylum, at Hartford, for 
the instruction of such persons, by virtue of a resolve of this 
Commonwealth, passed on the nineteenth day of June last 
past, is wliolly incapacitated to improve those advantages, 
and to derive the benefits thereof; Therefore, 

Resolved, That the appropriation in favor of the said 
Benjamin Tripp, by virtue of the resolve of the nineteenth 
day of June last, shall cease and be discontinued, from and 
after the fifteenth day of March next ; and that His Excel- 



DEAF AND DUMB PEESONS. Feb. 19. 145 

lency the Governor be requested to communicate the sub- 
stance of the advice received from the Principal of the said 
Asylum^ on this subject, and also the substance of this re- 
solve, as soon as may be, to the parents of the said Tripp, 
and request them to take immediate measures for his re- 
moval. 

Resolved^ That His Excellency the Governor be request- 
ed, and he is hereby authorized, on receiving advice from 
the Principal of said Asylum, after the said fifteenth day of 
March next, that the said Tripp has not been removed by 
his parents, to cause him to be removed, and returned to his 
parents, in such manner as he may think proper ; the expense 
of which removal, and also that of his board and instruction 
at the said asylum, until such removal, shall be paid out of 
the treasury of this Commonwealth, and deducted from the 
general appropriation under the resolve of the nineteenth of 
June last, respecting deaf and dumb persons. 

Hesolved, That in all like cases, in future, the appropri- 
ation in favor of any such person, shall cease in twenty days 
next after advice thereof shall be received by the Executive 
Department, from the Principal of the said Asylum : And 
the same proceedings shall be had in every such case, as is 
herein above provided, respecting the said Tripp. And all 
expenses incurred under, and by virtue of these resolves, 
shall be examined ?aid allowed by the Governor and Coun- 
cil ; and His Excellency the Governor is requested to draw 
his warrant on the Treasurer for the same. 

Resolved, That His Excellency the Governor be requested 
to cause these resolves to be communicated to the Principal 
of the said Asylum, at Hartford ; and request his immediate 
advice of the neglect of the parents or friends of the said 
Tripp, or of any other person in like circumstances, to cause 
their removal, by the time when the appropriation in their 
favor shall cease, agreeably to the foiTgoing resolve. 



146 MAURIAGES CONFIRMED. Feb. 21. 



CHAP. CXVIII. 

Mesolve Confirm'mg Certain Marriages. 
February 21st, 1820. 

On the petition of Samuel Sibley and Charlotte Broad, 
now called Charlotte Sibley, and John Wellington and 
Mary Smith Winslow, now called Mary Smith Wellington, 
all of Fairfax, in the County of Kennebec, representing, 
that they have been united in marriage, having a lawful 
right thereto, and their intention therefor having been legally 
published by the Town Clerk of said Town of Fairfax, and 
that they have been severally married by ministers, of whose 
authority doubts have arisen : 

Resolved, That the several marriages, aforesaid, of the 
said Samuel Sibley with Charlotte Broad, and of the said 
John Wellington with Mary Smith Winslow, married in 
manner aforesaid, be, and the same are hereby declared to 
be legal and valid, to all the intents and purposes of mar- 
riage ; and the children of the said marriages shall be, and 
are hereby declared to be legitimate, as though the said 
marriages had been solemnized by a person legally empow- 
ered for such purpose. 



CHAP. CXIX. 

Resolve allowing Charles Turner to Sell Real Estate. 
February 21st, 1820. 

On the petition of Charles Turner, Guardian to Josiah 
Litchfield, of Scituate, in the County of Plymouth, non com- 
jpos mentis, praying that he may be authorized to sell certain 
real estate, named in said petition : 

Resolved, For reasons set forth in said petition, that said 
Guardian be, and he hereby is authorized and empowered 
to sell, at public vendue, and pass deed or deeds to convey 
the right, title, and interest his ward has in and to a small 
island, near the entrance of Boston Harbor, called Green 
Island, and the buildings Hiereon standing ; and also about 



INTERDICTION OF SLAVERY. Feb. 23. 147 

one quarter of an acre of land, in Scituate aforesaid, with a 
dwelling house thereon, near and adjoining the widow Lucy 
Doane's land, first giving hond to the Judge of Probate for 
the County of Plymouth, to comply with the laws for the 
sale of real estates, by executors or administrators, and to 
account to said Judge of Probate, for the proceeds of said 
sales. 



CHAP. CXX. 

Resolve on the jjetition of John Merrill. 
February 22d, 1820. 

Mesolvedy That the Court of Sessions, for the County of 
Cumberland be, and they hereby are authorized to adjust 
the account of John Merrill, for services and medicines 
rendered to prisoners confined in the gaol of said county, 
on criminal prosecutions, in behalf of the Commonwealth, 
during the years one thousand eight hundred and seventeen, 
one thousand eight hundred and eighteen, and one thousand 
eight hundred and nineteen, and allow him such sum as may 
be just and reasonable, to be paid out of the treasury of 
said county. 



CHAP. CXXI. 

Resolve respecting Slavery. February 23d, 1820. 

The Committee of both Houses, who were appointed to 
consider *' what measures it may be proper for the Legisla- 
ture of this Commonwealth to adopt, in the expression of 
their sentiments and views, relative to the interesting subject, 
now before Congress, of interdicting slavery in the New 
States, which may be admitted into the Union, beyond the 
River Mississippi," respectfully submit the following report : 



1 18 INTERDICTION OF SLAVERY. Feh. 24. 

The question now befoi*e Congress, is one of the most im- 
portant that can ever arise in this country. It is a subject 
which involves the happiness of millions ; and is intimately 
connected with the honor, the prosperity, and all the great 
interests of the United States. 

After all the consideration your Committee have been 
able to bestow on this momentous subject, they cannot but 
express the most ardent hope, that Congress will interpose 
to prevent the further introduction of slavery, into Missouri; 
because it is within their constitutional power, and, because 
it is demanded by humanity, sound policy, and the pros- 
perity and happiness of the States to be created, as well as 
the common welfare of the United States. 

It is not necessary, in the opinion of your Committee, to 
consider, at large, the constitutionality of the proposed re- 
striction, which has been so much and so ably discussed. 
They will content themselves with referring to the express 
provisions of the constitution, which relate to this subject, 
and to the practical construction, already given to that com- 
pact, in the admission of States into the Union, in pursuance 
of the wise and humane ordinance of one thousand seven 
hundred and eighty seven ; a construction, which in the opin- 
ion of your Committee, has the greater weight, as the States 
thus admitted, were Avithin the original territory of the United 
States. 

If, as your Committee think, the constitutional right of 
Congress to interpose, is contained in the constitution, and 
has been practically settled, it might have been expected, 
that on the expediency of the proposed restriction, there 
could have been but one opinion in the United States. We 
could have hoped, that the people in the States to be created, 
would be satisiied that slavery is an evil of great magni- 
tude, and that they would rejoice in an opportunity of secur- 
ing a free population, when they consider the result of the 
experiment under the ordinance of one thousand seven hun- 
dred and eighty seven. 

The restriction is demanded by the honor of our country. 
Slavery has always been considered by our wisest and best 
men and ablest statesmen, as the greatest moral and political 
evil ; and necessity has been thought the only justification 
for its continuance. Our answer to the reproach of slavery, 
has heretofore been, that it was an evil entailed on us by our 
ancestors, and that its introduction was owing to the policy 



INTERDICTION OF SLAVERY. Feb. 24. 149 

of a foreign government. It has, therefore, been no just 
reproach to us, that while our declarations of independence, 
and constitutions of government, contain the purest princi- 
ples of natural and civil liberty, slavery yet exists in some of 
the States ; and a large portion of the population are de- 
prived of all their rights. The present generation is not 
responsible for the evil. On the contrary, with just pride 
we can point to measures of our government, which shew 
that the steady course of their policy has been to prevent the 
increase of slavery, and if possible, to provide for its gradual 
abolition. The United States were the first nation to pro- 
vide by law against the slave trade. And now, when other 
nations are awakened, perhaps by our very example, to the 
enormity of this practice, when a rapid and almost universal 
change in public opinion has taken place in Europe, shall 
Republican America, by opening a new market for slaves, 
give a new stimulus to that traffic ? 

Justice to the original States, also demands the interposi- 
tion of Congress. It is not just that the inequality of repre- 
sentation which already exists, should be further extended. 
Those States have a deep interest in the question ; they have 
a right to be heard, and to require that the concessions they 
have made, shall be confined to the territory, which was the 
subject of the federal compact. We would not alarm the 
jealousies or excite the fears of our brethren in States where 
slavery is still permitted. The Legislature of Massachu- 
setts has no disposition to interfere with their rights, as now 
secured by the constitution. Our faith and honor are pledged 
to support every part of that instrument ; and unequal as the 
compromise has proved, trifling as the equivalent is for the 
political power given to other States, it Avas thought at the 
time a necessary concession : And let it be inviolable ! 

It would not be improper on this occasion, to remark upon 
the impolicy of extending slavery into the newly acquiretl 
territory, as to the new States themselves, to their prosper- 
ity, the character of their population and to their security. 
Many reasons might also be offered in favor of tlie interpo- 
sition of the power of Congress, which respect the common 
defence and the general welfare of the United States : But 
it cannot be necessary. 

As connected with the rights of humanity, this question 
swells into one of immense magnitude. In this view, no 
subject so interesting ever claimed our attention. It is no 



150 INTERDICTION OF SLAVERY. Feh 24* 

less than whether those vast regions, spreading from the 
Mississippi to the Pacific Ocean, shall be a land of slaves 
or of freemen ; and this not for a single State, but for a 
Country, which is to furnish many States of the confederacy ; 
not for a day, or a year, but forever ! 

Nor has this question less importance as to its influence 
on the slave trade. Should slavery be further permitted, 
an immense new market for slaves would be opened. It is 
well known, that notwithstanding the strictness of our laws, 
and the vigilance of the government, thousands are now an- 
nually imported from Africa. The cupidity of slave dealers 
will find many facilities in the pretended wants of those, who 
now contend for the precious privilege of holding slaves. 
They will be clandestinely brought into the country, and the 
only consequence of the existing laws will be the greater suf- 
fering of the slaves. After being torn from their native land 
and transported across the ocean, they will be dragged 
through woods, and deserts, and bye paths, and hid in the 
dens and caves of the earth, until they can be sold into per- 
petual bondage with impunity. 

Should the present attempt to limit slavery be ineifectual, 
the hopes of wise and benevolent men in all parts of our 
country, that at some future time this evil might be extir- 
pated, must be abandoned. The question will be forever 
settled, and slavery will be perpetual in a nation which pro- 
claims to the world these truths to be self evident, "^ that all 
men are created equal, that they are endowed by their Cre- 
ator with certain unalienable rights, that among them are 
life, liberty, and the pursuit of happiness," and the basis of 
whose constitution is " to secure the blessings of liberty to 
themselves and their posterity." 

When we reflect upon these momentous consequences of 
the measure now before Congress, it appears to your Com- 
mittee, whatever confidence may be justly reposed in that 
body, to be the duty of this Legislature not to remain silent 
and unconcerned spectators of the event, but to protest 
against the extension of slavery over this continent. Inde- 
pendent of any right as a member of this confederacy, this 
Commonwealth has a deep interst in the establishment of the 
principles of natural and civil liberty, and in the honor, 
prosperity and happiness of every part of the nation. It 
may justly be expected, that Massachusetts, which was 
among the first to extend the blessings of liberty and equal 



INTERDICTION OF SLAVERY, Feh. 24. 151 

rights to all her inhabitants^ should now lift her voice, and 
use all her influence to prevent the extension and perpetuity 
of slavery. Nor do your Committee find any reason for out 
silence in the extraordinary manner in which the question 
has been brought before Congress, by connecting it with the 
act for the admission of Maine into the Union, when no 
reason whatever is known to exist against that measure ! It 
would therefore be with the deepest concern, that the people 
of Massachusetts should perceive a determination on the part 
of any other members of the Union, to adopt a course which 
would endanger the common safety, by augmenting the 
materials for a convulsion, which may one day involve our 
country in scenes of horror and suffei-ing, like those which 
have been endured by the wretched white inhabitants of 
some neighboring islands. 

With these views, and under these general principles, 
your Committee respectfully recommend to the Legislature 
the adoption of the following resolutions. 

By order of the Committee. 

L. SALTONSTALL, Chairman. 

Resolved, That in the opinion of this Legislature, it is 
the duty of the people and government of the United States, 
by all constitutional means, to prevent the extension of so 
great a moral and political evil as slavery ; that Congress 
possess the constitutional power to prohibit the further intro- 
duction of slavery into the territory of the United States, 
not within the original limits of said States, and to make 
such prohibition a condition of the admission of any new 
State into the Union. 

Resolved, That in the opinion of this Legislature, it is 
the duty of Congress to exercise this power on the admission 
of all new States beyond the limits of the original territory 
of the United States. 

Resolved, That the Secretary of the Commonwealth be 
directed to transmit to each of the Senators and Represen- 
tatives from this Commonwealth, in Cougress, a copy of these 
resolutions. 
20 



152 JONAS WHITE AND OTHERS. Feb. 24. 



CHAP. CXXII. 

Resolve on the petition of Jonas White and Others. 
February 24th, 1820. 

On the petition of Jonas White and Abijah White, for 
themselves and otliers : 

Resolved, That the lot of three hundred and twenty acres 
of land, reserved for the future disposition of the General 
Court, in the original deed of township number four, in the 
fifth range of townships, north of the Waldo Patent, be, and 
hereby is granted to the proprietors of said township, in full 
of all claims on the Commonwealth, for any deficiency of 
measure, in the original survey thereof, made by Messieurs 
Ballard and Weston : And the Commissioners of the Land 
Oflice are hereby authorized and directed to make and exe- 
cute the necessary releases to said proprietors. 



CHAP, cxxin. 

Resolve on the petition of several Sick and Wounded 
Soldiers. February 24th, 1820. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to Joseph Storer, of Bruns- 
wick, a soldier in Captain Woodard's company, for a wound 
received in September last, seventy five dollars. 

Also, to Daniel Hart, of Townsend, in the County of 
Middlesex, a soldier in the second regiment, second brig- 
ade, and third division, for a w ound received in October, one 
thousand eight hundred and twelve, while on duty, fifty 
dollars per year, during his life. 

Also, to Isaac Noyes, for a wound he received in October, 
one thousand eight hundred and fifteen, while on duty, fifty 
dollars in full. 

Also, to Joel Reynolds, of Marblehead, for a wound re- 
ceived while on duty, at Danvers; in a sham fight, ninety five 
dollars in full. 



COMMITTEE ON ACCOUNTS. Feb. 24. 153 

AlsOj to William Tozer, a soldier in General Ulmer's 
regiment, for a wound received in one thousand eight hun- 
dred and twelve, while on duty, fifty dollars, in addition to 
what he has already received, and in full. 



CHAP. CXXIV. 

Resolve for Paying the Committee on Accounts. 
February 24th, 1820. 

Resolved, That there be allowed and paid to the Committee 
on Accounts, one dollar per day, over and above their pay 
as members, for the present session, to wit : 

Honorable Elihu Hoyt, forty two days, forty two dollars. 
Honorable Stephen P. Gardner, forty two days, forty two dollars. 
Honorable Samuel Porter, forty two days, forty two dollars. 
David Perry, Esquire, forty two days, forty two dollars. 
Josiah Chute, Esquire, forty two days, forty two dollars. 



CHAP. cxxy. 

Resolve on the 'petition of JSTathaniel Peabody. 
February 24th, 1820. 

On the petition of Nathaniel Peabody : 

Resolved, For reasons set forth in said petition, that the 
Court of Sessions, for the County of Essex, be, and they are 
hereby authorized to adjust the account of Nathaniel Pea- 
body, for services and medicines rendered to prisoners 
confined in the gaol of said county, on criminal prosecutions, 
in behalf of the Commonwealth, during the year eighteen 
hundred and nineteen, and allow him such sum, as may be 
just and reasonable, to be paid out of the treasury of said 
county. 



154 WILLIAM TUDOR. Feb. 24. 



CHAP. CXXVI. 

Resolve on the petition of William Tudor. 
February 24tli, 1820. 

On tlie petition of William Tudor, of Boston, Administra- 
tor on the estate of William Tudor, Esquire, late of Boston 
aforesaid, deceased, praying that the endorsement of the said 
William Tudor, deceased, to certain notes in the treasury 
of tlie State, be relinquished : 

Resolved, That, for reasons stated by the said petition- 
er, the estate of the said William Tudor, deceased, be 
exonerated from all claim, on account of principal or inter- 
est, arising from the said William Tudor, deceased, having 
endorsed certain obligations of John Peck, and William 
Wetmore, dated in May, one thousand seven hundred 
and ninety five ; but nothing in this resolve, shall go to 
absolve the said obligors. Peck and Wetmore, from the 
amount of their obligation, or from any judgment which has 
been recovered thereon : Provided, that certain shares in the 
South Boston Association, transferred by the said William 
Tudor, deceased, in pursuance of a resolve of the Legisla- 
ture, passed on the first of March, one thousand eight hun- 
dred and eight, as collateral security, shall remain in the 
hands of the Treasurer, who shall receive all dividends 
arising from them, until the whole amount, principal and 
interest, of the obligations of said Peck and Wetmore, shall 
be received by the Commonwealth ; when the said shares, 
with their remaining property, if any, shall be given up to 
the heirs of the said William Tudor, deceased ; and provi- 
ded, also, that the Commonwealth shall have right to sell 
and dispose of the said shares, whenever it shall be deemed 
adviseable so to do. 



PAYMENT OF WITNESSES. Feb. 24. 155 



CHAP. CXXVII. 

Resolve for the Payment of certain Witnesses. 
February 24th, 1820. 

Resolved^ That there be allowed and paid out of the pub- 
iic treasury, 

To Micah Pool, Esquire, - - - S3 77 

To Samuel Reed, 3 85 

To Nathan Grurney, Junior, Esquire, - 3 30 " 

To Tesse Dunbar, Esquire, - - - 4 65 
To John B. Turner, - - - - 4 65 



Amounting to S20 22 

For their travel and attendance as witnesses, before a Com- 
mittee of the House of Rem*esentatives, during the present 
session ; and the Governor is hereby requested to draw his 
warrant on the treasury, for the payment of the same. 



CHAP, cxxvin. 

Resolve extending the time for Performance of Settling 
Duties. February 24th, 1820. 

Resolvedy That the time limited for the performance of 
the conditions, expressed in certain grants to colleges and 
academies, in certain bonds, for settling duties on lands in 
the District of Maine, which have been sold, or granted by 
this Commonwealth, shall be, and the same is hereby ex- 
tended for the term of four years, from the expiration of the 
time limited in the resolve of December sixth, one thousand 
eight hundred and sixteen. 




^^ tS^S^^^^^-^i-^-^ 



156 LOCATION OF LANDS IN MAINE. Feb. 24, 



CHAP. CXXIX. 

Resolve in favor of Russell and Gardner, 
February 24th, 1820. 

Resolved, That there be allowed and paid, out of the 
treasury of this Commonwealth, to Russell and Gardner, 
the sum of one thousand, three hundred and nine dollars 
and ninety two cents, for printing for Benjamin Russell, 
Printer for the Sate, to this day. 



CHAP. CXXX. 

Resolve relating to the Location of Lands, in Maine. 
February 24th, 1820. 

The Committee of both Houses, to whom was referred the 
report of the Commissioners of the Land Office, have consid- 
ered its details and results, and also the map accompanying 
their report, and submit the following facts and resolutions 
for consideration. 

Their said report states, that five millions, four hundred 
and sixty five thousand and seventy five acres of the public 
lands have been granted and sold, since the twenty ninth of 
June, in the year of our Lord one thousand seven hundred 
and eighty five, and that two hundred and fifty thousand, 
four hundred and twenty acres have never been located nor 
surveyed. It is also ascertained, that the time for locating 
some portions of this latter quantity has never been deter- 
mined or fixed by the Greneral Court, and that the period 
for locating other parts thereof has been, from time to time, 
extended. Your CJommittee believe it to be highly important 
to the interests of the Commonwealth, that all unlocated 
lands, so granted or sold, should be speedily surveyed, and 
their situation determined and known ; and that all monies 
due and payable on all contracts for such lands, be as soon 
collected as practicable. The map accompanying the said 
Commissioners' report, designed especially for the use of 
Maine, exhibits particulars; in writing, of the various grants 



LOCATION OF LANDS IN MAINE. Feb, 24. 157 

and locations since the year one thousand seven hundred and 
eighty five^ June twenty ninth, and the names of such as 
have had grants or conveyances made to them, and forms a 
territorial exhibit of what the said report expresses. Both 
the said report and the map deserve the particular consider- 
ation of the Legislature. 

WM. D. WILLIAMSON, Chairman, 

Resolved, That the location of all grants and conveyances 
of lands, at any time heretofore made on the part of the 
Commonwealth, and not yet located, shall be determined 
and actually made within one year from the passing of these 
resolves, and not afterwards : and it shall be the duty of the 
Commissioners of the Land Office, forthwith to give unto all 
claimants of such unlocated grants or conveyances, due no- 
tice of the time limited for said locations. 

Resolved, That the whole of the said Commissioners' re- 
port be printed with the resolves of the General Court, passed 
the present session. 

REPORT. 

To the Honorable Senate and House of Representatives of 
the Commonwealth of Massachusetts, in General Court 
assembled. 

The Commissioners of the Land Office, in compliance 
with your order of the eighteenth of January, one thousand 
eight hundred and twenty, report on the several items of re- 
quisition therein mentioned, the annexed schedule, and state- 
ment, and plan, which are respectfully submitted. 

EDWARD H. ROBBINS. 
LOTHROP LEWIS. 
JOSEPH LEE. 

Land Office, Fehrxiary 15, 1820. 



158 LOCATION OF LANDS IN MAINE. Feb,24t. 



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170 SETTLEMENT WITH MAINE. Feb, 25. 



CHAP. CXXXI. 

Resolve for the payment of Eight Thousand Dollars to the 
District of Maine, conditionally. February 25tlij 1820. 

Resolvedf That if the District of Maine shall become a 
Separate and Independent State, on or before the last 
Wednesday in May next, the Treasurer of this Common- 
wealth be, and he is hereby authorized to pay to the 
Treasurer of said State of Maine, on the tenth day of June, 
the sum of eight thousand dollars, as part of the State Tax, 
assessed and levied on said District, in the year of our Lord 
one thousand eight hundred and nineteen, which sum, so paid 
and received, is to be accounted for, and allowed by said 
State of Maine, in the distribution and division of the public 
property, according to the provisions of the act of separation, 
passed the nineteenth day of June, in the year of our Lord 
one thousand eight hundred and nineteen : Provided, how- 
ever, that the Legislature of said State of Maine, shall j&rst 
pass a resolve, authorizing their Treasurer to receive said 
sum, to be accounted for, and allowed in manner aforesaid. 



CHAP. CXXXII. 

Resolve to facilitate a Settlement with Maine. 
February 25th, 1820. 

Resolved, In order to facilitate the future settlement between 
Massachusetts and the District of Maine, according to the 
act of separation, of the nineteenth day of June, in the year 
of our Lord one thousand eight hundred and nineteen, that 
it shall be the duty of the Treasurer of this Commonwealth, 
and all receivers of public monies, belonging to the same, to 
make up, and cause their respective accounts to be made up 
and stated, to the day on which the said District shall be 
admitted a Separate and Independent State, exhibiting the 
funds in the treasury, the several sums due, to and from the 
Commonwealth, as of that date. 



D. DUNBAR AND J. WARDWELL. Feb. 25.^ 171 



CHAP. CXXXIII. 

llesolve on the petition of David Bimbarand Jeremiah Ward- 
well, for the Town of Penobscot, granting a tract of Land. 
February 25tli, 1820. 

On the petition of the inhabitants of the Town of Penob- 
scot, by David Dunbar and Jeremiah Wardwell, their com- 
mittee : 

Resolved, That the Commissioners of the Land Office be, 
and they hereby are authorized to make the inhabitants of 
the Town of Penobscot, an allowance and satisfaction for 
the just proportion of the public taxes on all the lands within 
said township, released to the Commonwealth, by the heirs 
and legal representatives of the late Leonard Jarvis, Esquire, 
(said public taxes having been assessed upon the inhabitants 
and estates within said town, during the exemption of such 
released lands from taxation,) by conveying unto them, in 
fee, a parcel or tract of said land, at its just value, equiv- 
alent thereto, for the use of the schools within said town. 



CHAP. CXXXIV. 

Resolve on the petition of Joseph Bridgman, Junior. 
February 25th, 1820. 

On the petition of Joseph Bridgman, Junior, of Belcher- 
town, in the County of Hampshire, one of the Administra- 
tors on the estate of Henry D wight, Esquire, late of said 
Belchertown, deceased, praying that he may be authorized 
to convey to Simeon D wight, of said Belchertown, one un- 
divided half of a certain pew, in the congregational meeting 
house, in Belchertown aforesaid, according to a contract of 
the said deceased : 

Resolved, That the said Joseph Bridgman, Junior, Ad- 
ministrator as aforesaid be, and he is hereby authorized and 
empowered to make a good and sufficient deed of the said 
half of a pew, according to the prayeyr of the said petition. 



172 DISTRIBUTION OF BOOKS. Feb. 25. 



CHAP. CXXXV. 

Resolve relating to the JMstribution of Books, Maps, ij^c, 
belonging to the Commonwealth. February 25th, 1820. 

The Committee of both Houses, appointed to consider 
what copies of the laws, resolves, records, and other docu- 
ments of this Common wealtli, and territorial plans of eastern 
lands, ought to be furnished and delivered to the government 
of Maine, have investigated that subject, and ask leave to 
report tlie following resolve. 

Resolved, That the Secretary of State of this Common- 
wealtli be, and hereby is authorized to deliver, as soon as 
tnay be, after the time when said District of Maine shall be 
admitted, by Congress, as a Separate and Independent State, 
to the Secretary of State, pro tempore, for the proposed State 
of Maine, for the use of said proposed State, one third part 
of all the copies of the laws, resolves, term reports, and all 
other books and maps belonging to said Commonwealth, and 
not appropriated by any previous law or resolve, except in 
cases where there are but two copies, to deliver one. And 
that authenticated copies of all the plans, papers, deeds, 
records, and other documents, in any of the public offices of 
this Commonwealth, or elsewhere, which may be necessary 
or convenient for the said proposed State of Maine, be fur- 
nished by the proper officer or officers, to the said Secretary 
of State of the said proposed State; and the expenses thereof 
to be divided in the proportion of two thirds to this Common- 
wealth, and one third to said proposed State of Maine ; 
provided, the whole expense of such authenticated copies, 
shall not exceed one thousand dollars : Provided, however, 
that this Commonwealth shall not be charged with any part 
of the expense, for any copies, which shall not be ordered 
before the expiration of two years from the time of such ad- 
mission. 



CHAPLAINS.—T. WALCUTT. Feb, 25. 173 

CHAP. CXXXVI. 

Resolve to loay Chaplains, §*c. February 25tli, 1820. 

Resolved, That there be allowed and paid out of the pub- 
lic treasury of this Commonwealth, to the Reverend John 
Cr. Palfrey, Chaplain of the Senate, and to the Reverend 
William Jenks, Chaplain of the House of Representatives, 
sixty dollars each, in full for their services in said offices, 
the present year. Also, 

Resolved, That there shall be allowed and paid out of the 
public treasury, to the gentleman who shall preach the Elec- 
tion Sermon, in May next, fifty dollars ; and that His Excel- 
lency the Governor be authorized to draw his wai'rants on 
the treasury, for said sums. 



CHAP. CXXXVII. 

Resolve to -pay Thomas Walctitt. February 25th, 1820. 

Resolved, That there be allowed and paid to Thomas 
Walcutt, a Clerk in the Lobbies, for the assistance of the 
Members of the Legislature, one hundred and twenty five 
dollars, in full for his services during the present session of 
the General Court. 



174 WARD LOCK. Feb, 25. 

CHAP. CXXXVIII. 

.Resolve to iiaij WarA Lock. February 25th, 1820. 

Resolved^ That there be allowed and paid from the treas- 
ury of this Commonwealth, to Ward Lock, Assistant to the 
Messenger of the Grovernor and Council, two dollars and 
fifty cents, for each and every day lie has been, or may be 
employed in that capacity, during the present session of the 
Council. 



ROLL No. 82....JANUARY, 1820. 



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

That there is now due to the corporations and 
persons hereafter mentioned, the sums set to their 
names respectively ; which, wlien allowed and paid^ 
will be in full discharge of the said accounts, to the 
several dates therein mentioned ; which is respect- 
fully submitted, 

E. HOYT, Per Order, 



PAUPER ACCOUNTS. 

Amherst, for boarding and clothing sundry pau- 
pers, to January 27th, 1820, 126 51 

Adams, for supporting sundry paupers, to January 

13th, 1820, 327 94 

Amesbury, for board and clothing Mary Young, 
and her five children, until they left the town, 
June 9th, 1819, 40 43 

Attleborough, for board and clothing sundry pau- 
pers, to January 1st, 1820, 219 87 

Andover, for board and clothing sundry paupers, 

to January 1st, 1820, 345 65 

Ashburnham, for board and clothing Suke Frank- 
lin, to January 10th, 1820, 50 20 
23 



176 PAUPER ACCOUNTS. 

Abington, for board and clothing Thomas Seymore, 

to January 15th, 1820, 54 50 

Augusta, for board and clothing John Morgan, to 

January 1st, 1820, 36 60 

Bridgewater, for supporting John F. Bigner and 

Sally Brown, to January 28th, 1820, 72 64 

Belchertown, for supporting sundry paupers, to 

January 14th, 1820, 170 35 

Burlington, for board and clothing Thomas Hard- 
man, to January 27th, 1820, 76 00 

Blanford, for supporting sundry paupers, to Jan- 
uary 13th, 1820, 134 37 

Bristol, for board and clothing Nancy Hill, to 

December 11th, 1820, 106 00 

Bath, for supporting sundry paupers, to January 

20th, 1820, 101 55 

Brimfield, for supporting John Christian, to Jan- 
uary 1st, 1820, 70 20 

Becket, for supporting Asa Tiffany, to January 

1st, 1820, 25 70 

Bingham, for board and clothing Sally Atkinson 

and her two children, to January, 1820, 56 25 

Bmnswick, for supporting sundry paupers, to Feb- 
ruary, 1820, 64 43 

Beverly, for support of sundry paupers, to January 

1st, 1820, 172 75 

Bethel, for board and clothing William Buck, to 
January 7th, 1820, 35 00 

Bi-adford, for supporting Joshua L. Alsers and 

Mary Beals, to January 1st, 1820, 55 02 

Barre, for board and clothing Samuel Lee and 

Sally Taylor, to January 7th, 1820, 61 00 

Bluehill, for board and clothing Nathaniel Her- 

rick, to January 10th, 1820, 100 00 

Billerica, for supporting sundry paupers, to Jan- 
uary 10th, 1820, , 142 08 



PAUPER ACCOUNTS. 177 

Boston Board of Health, for board, doctoring and 
nursing sundry paupers, on Rainsford Island, to 
January 23d, 1820, 384 75 

Boston, for boarding and clothing sundry paupers, 

to December 1st, 1820, 8495 86 

Cambridge, for board and clothing sundry paupers, 

to January 26tli, 1820, 760 72 

Cumington, for board and clothing John Lamson, 

to January 25th, 1820, 50 65 

Cape Elizabeth, for supporting sundry paupers, to 

December 30th, 1819, 127 00 

Canton, for supporting sundry paupers, to January 

14th, 1820, 84 42 

Chesterfield, for board and clothing sundry pau- 
pers, to January 11th, 1820, 111 25 

Cheshire, for supporting sundry State paupers, to 

January 9th, 1820, 215 59 

Colrain, for board and clothing sundry paupers, to 

January 8th, 1820, 186 37 

Chester, for board and clothing several paupers, to 

January 8th, 1820, 172 49 

Camden, for supporting sundry paupers, to January 

22d, 1820, 84 10 

Chelmsford, for board and clothing sundry pau- 
pers, to January 1st, 1820, 118 80 

Conway, for board and clothing Charles Freeman 
and Martha McMurphy, to November 20th, 
1819, 48 55 

Cushing, for board and clothing Mary Henderson, 

to January 5th, 1820, 36 26 

Charlestown, for supporting sundry paupers, to 

January 28th, 1820, 2798 01 

Dresden, for board and clothing John Cullen, to 

January 1st, 1820, 83 89 

Dalton, for supporting Phebe Veets, to January 

20th, 1820, 38 90 

Dorchester, for supporting William Sloan and 

family, to August 2d, 1819, 57 75 



178 PAUPER ACCOUNTS. 

Deerfield, for board and clothing Daniel AUis and 

William Clarrick, to February 1st, 1820, 174 09 

Dudley, for supporting Martin Barker, to January 

10th, 1820, 28 07 

Dracut, for board and clothing Richard Baker, to 

January 16th, 1820, 91 00 

Dedham, for supporting sundry paupers, to Jan- 
uary 3d, 1820, 48 97 

Dennysville, for the support of Mistress Harper, 
to the time she left the Commonwealth, in July, 
1819, 49 54 

Danvers, for supporting sundry paupers, to Jan- 
uary 25th, 1820, 1766 42 

East Andover, for board and clothing William 

Foster, Junior, to December 1st, 1819, 50 00 

Egremont, for board and clothing sundry paupers, 

to January 14th, 1820, 144 80 

Easton, for supporting Mary Leondell, to Decem- 
ber 6th, 1819, 17 69 

Essex, for board and clothing Ira Percival and 

James Crawley, to February 15th, 1820, 118 80 

Eliot, for board and clothing sundry paupers, to 

January 25th, 1820, 126 76 

Falmouth, (Maine,) for supporting sundry paupers, 

to January 1st, 1820, 222 60 

Falmouth, for supporting Edward Edwards, to 

January 19th, 1820, 35 01 

Friendship, for board and clothing James Metcalf 

and Martha Bichmore, to January 26th, 1820, 1 14 00 

Fayette, for supporting William Gr. Martin, to 

January 1st, 1820, 67 20 

Fairhaven, for board and clothing sundry paupers, 

to January 1st, 1820, 162 50 

Fairfax, for supporting sundry paupers, 14 00 

Framingham, for board and clothes for Lucy Green 

and James Riggs, to January 16th, 1820, 35 60 

Gorham, for supporting Robert GilfiUing and Mary 
Hartford, to January 10th, 1820, 85 03 



PAUPER ACCOUNTS. 179 

Gloucester, for boarding, doctoring and niu'sing 

sundry paupers, to November 10th, 1819, 575 38 

Groton, for board and clothing sundry paupers, to 

January 10th, 1820, 549 50 

Gardiner, for supporting John Brinkman, to Jan- 
uary 6th, 1820, 54 73 

Great Barrington, for supporting sundry paupers, 

to January 14th, 1820, 226 28 

Granville, for supporting sundry paupers, to Jan- 
uary 11th, 1820, 107 93 

Greenwich, for board and clothing Lot Lee, to 

January 14th, 1820, 56 64 

Grafton, for supporting sundry paupers, to De- 
cember 25th, 1819, 282 53 

Gill, for board, clothing, doctoring and nursing 

Sarah Lyons, to January 15th, 1820, 68 80 

Hopkinton, for boarding and clothing sundry pau- 
pers, to January 31st, 1820, 245 70 

Harlem, for board and clothing William Yaulin, 

to January 10th, 1820, 48 50 

Hubbardston, for supporting Abner Hybra, to No- 
vember 27th, 1819, 100 80 

Haverhill, for supporting sundry paupers, to Jan- 
nary, 1st, 1820, 156 20 

Hardwick, for board and clothing Hannah Morgan, 

to December 1st, 1820, 33 60 

Hall, Joseph, Sheriff of Suffolk County, for board, 
doctoring and nursing sundry State paupers, to 
January 3d, 1820, 972 85 

Hadley, for board and clothing Friday Allen and 

wife, to January 9th, 1820, 55 69 

Hallowell, for board and clothing sundry paupers, 

to January 10th, 1820, 275 43 

Hollis, for board and clothing Joseph Temple, to 

January 14th, 1820, 62 90 

Hancock, for supporting sundry paupers, to Jan- 
uary 24th, 1820, 84 00 



180 PAUPER ACCOUNTS. 

Jay, for supporting Elizabeth Bell and Daniel 

Holland, to January 19tli, 1820, 51 60 

Industry, for Sherburn Fogg, to January 6th, 1820,, 58 50 

Ipswich, for supporting sundry paupers, to Jan- 
uary 25th, 1820, 116 76 

Kittery, for boarding and clothing sundry paupers, 

to January 1st, 1820, 210 52 

Lisbon, for supporting sundry paupers, to Jan- 
uary 1st, 1820, 160 75 

Lincolnville, for supporting Alexander White and 

Edward Crane, to January 28th, 1820, 67 25 

Lanesborough, for supporting sundry paupers, to 

December 31st, 1819, 205 61 

Leeds, for board and clothing Nicholas Tallier 

and Richard Creech, to January 1st, 1820, 39 26 

Lynn, for supporting sundry paupers, to November 

30th, 1819, 347 14 

Litchfield, for supporting sundry paupers, to Jan- 
uary 4th, 1820, 62 78 

Leyden, for supporting sundry paupers, to Jan- 
uary 8th, 1820, 249 68 

Limerick, for board and clothing Mary Record, 

to January 17th, 1820, 36 90 

Lee, for supporting sundry paupers, to January 

10th, 1820, 540 00 

Leicester, for board, nursing and doctoring French 

Decker, and funeral charges, to June 19th, 1819, 29 31 

Lenox, for boarding and clothing sundry paupers, 

to January 9th, 1820, 280 05 

Littleton, for board and clothing John Putnam, to 

February 3d, 1820, 57 84 

Lynnfield, for board, nursing and clothing Mary 

Grant, to June 14th, 1819, 25 00 

Longmeadow, for supporting sundry paupers, to 

January 24th, 1820, 198 25 

Machias, for supporting sundry paupers, to the 
time they left the Commonwealth, 174 76 



PAUPER ACCOUNTS. i81 

Milton, for board and clothes for Archibald Mc- 
Donald, to January 19tli, 1820, 42 90 

Millbury, for support, Avhile sick, and funeral ex- 
pense of Andrew Leduke, January 10th, 1820, 46 55 

Marlborough, for supporting Joseph Waters, to 

November 28th, 1819, 105 25 

Mansfield, for support of sundry paupers^ to Jan- 
uary 19tli, 1820, 121 22 

Montague, for supporting sundry paupers, to De- 
cember 14th, 1819, 131 08 

Marblehead, for supporting sundry paupers, to 

January 19th, 1820, 306 75 

Middleborough, for supporting sundry paupers, to 

January 1st, 1820, 220 80 

Medfield, for board and clothing George Turner, 

to November 25th, 1819, 67 20 

Monson, for board and clothing Rhoda Sechem, 

to January 1st, 1820, 23 40 

Minot, for support of Philip Weeks and Elizabeth 
Phinney and two children, to January 10th, 
1820, 86 05 

Montgomery, for board and clothes for Moses 
Conair, to the time of his death, and funeral 
charges, 7 40 

Montville, for board and clothing John Gloster 

and William McLany, to January 29th, 1820, 146 70 

New Castle, for support of Nancy Hodgman and 

Patrick Meager, to January 18th, 1820, 116 52 

Newton, for board and clothing Joseph Prichard, 

to January 1st, 1820, 67 20 

Norwich, for supporting Ruth Sanford, to Jan- 
nary 6th, 1820, 28 30 

North Yarmouth, for supporting sundry paupers, 

to January 11th, 1820, 108 25 

Northfield, for board and clothing Amos Rylej-, 

to January 8th, 1820, 41 30 



182 PAUPER ACCOUNTS. 

Newbury, for supporting sundry paupers, to Jan- 
uary 1st, 1820, 999 38 

New Gloucester, for supporting Mary Ann Forbes 

and Joseph Gregory, to February 1st, 1820, 124 00 

Nantucket, for supporting Anthony Swazy, to Jan- 
uary 1st, 1820, and supplies for James Sauns- 
bury, and Francis Joseph, to the time of his 
death, and funeral charges, 130 39 

Northampton, for supporting sundry paupers, to 

January 1st, 1820, 287 07 

Newburyport, for supporting sundry paupers, to 

January 1st, 1820, 1047 64 

Orrington, for supporting Thomas Huzell, to Jan- 
uary 20th, 1820, 25 00 

Overseers of the Mashpee Indians, for support of 

sundry paupers, to January 12th, 1820, 452 25 

Overseers, or Guardian of the Troy Indians, for 

support of sundry Indians, 168 93 

Pittsfield, for supporting sundry paupers, to Jan- 
uary 1st, 1820, 630 51 

Palermo, for supporting Rachel Chase and chil- 
dren, to January 1st, 1820, 23 28 

Pittston, for supporting Deborah Bethans, to Jan- 
uary 6th, 1820, 30 00 

Phipsburgh, for supplies for sundry sick paupers, 

to January 20th, 1820, 138 16 

Prospect, for supporting sundry paupers, to Jan- 
uary 4th, 1820, 177 55 

Plymouth, for supporting sundry paupers, to Jan- 
uary 10th, 1820, 380 75 

Pelham, for board and clothing sundry paupers, to 

January 10th, 1820, 52 00 

Pembroke, for boarding and clothing Elizabeth 

Jack, to January 20th, 1820, 22 10 

Parsons, for support of Mary Watson and Sophia 

Patten, to January 1st, 1820, 52 75 



PAUPER ACCOUNTS. 183 

Parsonsfield, for supporting several paupers, to the 

the death of one and removal of the others, 40 00 

Palmer, for support of William and Phebe Men- 

dum, to January 8th, 1820, 85 08 

Portland, for supporting sundry paupers, to Jan- 
uary 31st, 1820, 1377 94 

Rowe, for supporting Betsy Carpenter, to May 

15th, 1819, 26 00 

Rowley, for Elle Collins' support, to January 1st, 

1820, 42 20 

Russell, for support of John Newton and wife, to 

January 1st, 1820, 99 65 

Rehoboth, for supporting sundry paupers, to Jan- 
uary 1st, 1820, 420 35 

Roxbiiry, for support of sundry paupers, to Jan- 
uary 3d, 1820, 544 74 

Salem, for supporting sundry paupers, to January 

2d, 1820, 3778 45 

Salem Board of Health, for support of sundry for- 
eigners, to the time they left, 128 56 

Seekonk, for board, clothing and nursing Tilly 

Peck, to January 10th, 1820, 42 21 

Sudbury, for supporting John Waighton, to his 

death, and funeral expenses, 66 00 

Sherburn, for supporting Benjamin Haughton, to 

January 29th, 1820, 31 00 

St. George, for board and clothing Robert Hawes 

and Haunce Johnson, to January 30th, 1820, 48 40 

Sandwich, for board and clothing Esther and Ma- 
son Raymond, to January 10th, 1820, 66 00 

Shirley, for supporting sundry paupers, to Janu- 
ary 1st, 1820, 173 66 

Southbridge, for support of London Derry, to Jan- 
uary 1st, 1820, and Grace Daramon, to her 
death, 74 70 

24 



184 PAUPER ACCOUNTS 

Sandisfield, for board and clothing for sundry pau- 
pers, to January 11th, 1820, 100 39 

Stockbridge, for supporting sundry paupers, to 

December 1st, 1819, 241 64 

Scituate, for boarding and clothing Jonah , to 

the time he left the Commonwealth, 24 66 

Sutton, for sundry paupers, to January 10th, 1820, 85 50 

Sheffield, for supporting sundry paupers, to Jan- 
uary 1st, 1820, 94 41 

Saco, for board and nursing Alexander M'Donald, 

until he left the town, January 14th, 1820, 9 41 

Shelburn, for support of sundry paupers, to Janu- 
ary 14th, 1820, 120 29 

Sunderland, for board and nursing William Rus- 
sell, to June 1st, 1819, 64 00 

Sharon, for supporting Job Lewis, James Welsh, 

and John H. Kolhoff, to January 27th, 1820, 72 02 

Swanzey, for support of James Garnet and Mar- 
tha Dusneps, to January 15th, 1820, 68 00 

Saugus, for board and clothing Jonathan Briggs 

and Margaret Evans, to January 15th, 1820, 68 90 

South Brimfield, for board and clothing for Jona- 
than Hill, to January 13th 1820, 45 25 

Somerset, for board and clothing for William El- 
iot, to January 1st, 1820, 36 00 

Starks, for board and clothing for Robert Arnold, 

to February 1st, 1820, 67 20 

South Berwick, for funeral expense for Lemuel 
Woodworth, and supporting Mary Stackpole's 
child, to January 30th, 1820, 48 00 

Springfield, for supporting sundry paupers, to Jan- 
uary 3d, 1820, 285 69 

Topsham, for supplies for William Potter, and fu- 
neral expenses, and supporting John Hearn, to 
January 3d, 1820, 220 37 

Thomaston, for supporting John Anderson; to Jan- 
uary 1st, 1820, 57 20 



PAUPER ACCOUNTS. 185 

Tyringham, for sundry paupers' support, to Janu- 
ary 5tli, 1820, 128 66 

Taunton, for board and clothing sundry paupers, 

to December 31st, 1819, 616 49 

Upton, for the support of Elbridge Gerry Farrer, 

to January 21st, 1820, 54 45 

Vassalborough, for Joseph Graves and Abigail 

Fairbrother's support, to February 1st 1820, 100 05 

Wiscasset, for supporting sundry paupers, to Jan- 
uary 20th, 1820, 305 25 

Williamston, for supporting sundry paupers, to 

January 11th, 1820, 210 73 

Westfield, for supporting sundry paupers, to Jan- 
uary 1st, 1820, 153 24 

Western, for board and clotliing Eliza and Harriot 

Trim, to May 25th, 1819, 65 00 

Windham, for supplies furnished Thomas Kenard, 

wife, and daughter, to January 6 th, 1820, 131 20 

Walpole, for supporting Elizabeth Ellis, and two 
children of Nancy Carnes, to January 16th, 
1820, 104 35 

Westhampton, for supporting sundry paupers, to 

January 12th, 1820, 229 55 

Waltham, for board and nursing Alexander R. 

Ballock, to the time he left the town, 66 17 

West Springfield, for supporting sundry paupers, 

to January 6th, 1820, 169 41 

Wilton, for support of Enoch Foot, wife, and two 

children, to September 27th, 1819, 32 75 

Wellington, for supporting Catharine Butler, to 

the time of her death, and funeral charges, 93 00 

Williamsburgh, for support of Benjamin Kentrell, 

to the time he left the town, 25 44 

Wrentham, for supporting sundry paupers, to Jan- 
uary 1st, 1820, 386 06 

Waterville, for board, clothing, and nursing Abi- 
gail Odlin, to January 1st, 1820, 108 35 



186 PAUPER ACCOUNTS. 

\ratert0wn5 for supporting sundry paupers, to Jan- 
uary 25th, 1820, 215 37 

Westbrook, for support of sundry paupers, to Jan- 
uary 22d, 1820, 187 58 

Westford, for board and clothing sundry paupers, 

to January 27th, 1820, 42 30 

Westborough, for board and clothing sundry pau- 
pers, to January 16th, 1820, 137 60 

Worcester, for supporting sundry paupers, to Jan- 
uary Ist, 1820, 173 35 

Waldoborough, for board and clothing for sundry 

paupers, to January 4th, 1820, 115 50 

Wayne, for supporting sundry paupers, to Jan- 
uary 12th, 1820, 114 53 

West Stockbridge, for the support of sundry pau- 
pers, to January 1st, 1820, 118 02 

Waterborough, for board and clothing, doctoring 
and nursing Thomas Brannon, to January 24th, 
1820, 27 80 

Warren, for board and clothing sundry paupers, 

to January 25th, 1820, 235 50 

Wareham, for board and clothing William Long, 

to January 13th, 1820, 46 30 

Wliately, for supporting sundry paupers, to Jan- 
uary 10th, 1820, 94 92 

Wade, Thomas, Keeper of the House of Correc- 
tion, in Essex County, for board and clothing 
sundry insane persons, to January 10th, 1820, 
including alloAvance by the Court of Sessions, 445 90 

West Cambridge, for support of James Uismont, 

till his discharge, 16 00 

York, for supporting sundry paupers, to January 

22d, 1820, 491 91 



Total Pauper Accounts, 847,327 13 



MILITARY ACCOUNTS. 187 

Courts Martial and Courts of Inquiry. 

Sumner, William H. for expenses of a Court Mar- 
tial, held at Augusta, June 22d, 1819, whereof 
Joshua Wingate, Junior, was President, 336 44 

Sumner, William H. for expenses of a Court Mar- 
tial, held at Worcester, December 21st, 1819, 
whereof Ebenezer Hyde was President, 804 66 

Sumner, William H. for expenses of a Court Mar- 
tial, held at Alfred, December 23d, 1819, where- 
of William Gould was President, 1071 60 

Sumner, William H. for expenses of a Court of 
Inquiry, held at Roxbury, February 1st, 1820, 
whereof William Sullivan was President, 104 60 

Gilbert, Thomas, for expenses of a Court of In- 
quiry, held at Warwick, February 7th, 1819, 
whereof Theodore D. Lyman was President, 242 56 

Page, Samuel, for expenses of a Court Martial, 
held at Thomaston, July 5tli, 1819, whereof 
John Cummings was President, 147 52 

Sewall, Joseph, for expenses of a Court Martial, 
held at Bath, October 19th and 22d, 1819, where- 
of Richard I. Dunlap was President, 225 53 

Heard, Nathan, Junior, for expenses of a Court 
Martial, held at Leicester, May 19th, 1819, 
whereof Joseph D. Sargeant was President, 141 42 

Wilder, Nathaniel, for expenses of a Court Mar- 
tial, held at Plymouth, August 24th, 1819, 
whereof Abiel Washburn was President, 316 88 

Lincoln, Enoch, for expenses of a Court Martial, 
held at Fryburgh, October 27th, 1818, whereof 
Joshua Carpenter was President, 306 01 

Smith, John W. for expenses of a Court Martial, 
held at Portland, January 5th, 1820, whereof 
Jeremiah Bailey was President, 111 65 

Scott, John, for expenses of a Court Martial, lield 
at Boxford, December 28th, 1819, whereof Dan- 
iel Adams, 3d, was President, 82 85 



188 MILITARY ACCOUNTS. 

Grover, John, for expenses of a Court Martial, held 
at Waterford, December 21st, 1819, and Janu- 
ary 3d, 1820, whereof Joshua Carpenter was 
President, 373 61 

Wood, John F. for expenses of a Court Martial, 
held at Farmington, June 8th, 1819, whereof 
Ephraim Getchel was President, 178 51 



Total Courts Martial, &c. S4,443 84 



Brigade Majors and Aids-de-Camp. 

Allen, Samuel, Junior, 1st Brigade, 7th Division, 

to February 23d, 1819, 6 75 

Bancroft, Ebenezer, 2d Division, to January, 1820, 62 07 1 
Butterfield, Joseph, 2d Brigade, 3d Division, to 

January, 1820, 172 73 

Bliss, George, Junior, 1st Brigade, 4tli Division, 

to January, 1820, 85 97 

Barnard, Robert F. 1st Brigade, 9th Division, to 

January, 1820, 42 88 

Coffin, Timothy G. 5tli Division, to January, 1820, 125 65 
Cobb, David G. W. 2d Brigade, 5th Division, to 

January, 1820, 85 75 

Carter, Solomon, 2d Brigade, 7th Division, to Jan- 
uary, 1820, 103 52 
Clark, Joseph, 2d Brigade, 8th Division, to Jan- 
uary, 1820, 92 66 
Davis, John, 7th Division, to January, 1820, 38 10 
Dutch, Ebenezer, 8th Division, to January, 1820, 157 62 
Fairbanks, Stephen, 3d Brigade, 1st Division, to 

January, 1820, 41 26 

Frost, John, 6th Division, to January, 1820, 41 47 

Fogg, Simon, 2d Brigade, 6th Division, to Janua- 
ry, 1820, 57 34 
Gilbert, Thomas, 2d Brigade, 4th Division, to Jan- 
uary, 1820, 65 00 



MILITARY ACCOUNTS. 189 

Heywood, N. 5th Division, to January, 1819, 85 82 

Heard, Nathan, Junior, 1st Brigade, 7th Division, 

to January, 1820, 36 98 

Hopkins, Thomas, 9th Division, to January, 1820, 26 02| 

Hubbell, Calvin, 2d Brigade, 9th Division, to Jan- 
uary, 1820, 42 93 

Hyde, Lina, 1st Brigade, 11th Division, to Janu- 
ary, 182Cl, 58 88 

Hubbard, Russell, 13th Division, to January, 1820, 42 67 

Jaquis, Samuel, Junior, 1st Brigade, 3d Division, 

to February, 1820, 241 77 

Kendall, Joseph Cr. 2d Brigade, 7tli Division, to 

January, 1820, 5 00 

Lev^^is, Philo, 2d Brigade, 10th Division, to Jan- 
uary, 1820, 124 12| 

Page, Samuel, 2d Brigade, 11th Division, to Jan- 
uary, 1820, 150 68 

Robinson, Thomas D. 11th Division, to January, 

1820, 57 00 

Smith, John, Junior, 1st Brigade, 2d Division, to 

January, 1820, 79 58 

Scott, John, 2d Brigade, 2d Division, to January, 

1820, 157 68 

Saxton, Jonathan A. 4th Division, to January, 

1820, 30 00 

Samson, Joseph, 3d Brigade, 5th Division, to Jan- 
uary, 1820, 129 12| 

Sewall, Joseph, 1st Brigade, lltli Division, to Jan- 
uary, 1820, 18 32 

Smith, John W, 2d Brigade, 12th Division, to Jan- 
uary, 1820, 45 09 

Starr, James, 1st Brigade, 13th Division, to Jan- 
uary, 1820, 18 52 

Thayer, Minot, 1st Division, to January 22d, 1820, 127 80 

Thayer, Samuel M. 1st Brigade, 1st Division, to 

February, 1820, 117 39 



190 PAUPER ACCOUNTS. 

Treat, Joseph, 1st Brigade, lOtli Division, to Jan- 
uary, 1820, 334 45 

Varnum, Benjamin F. 3d Division, to January, 

1820, 43 00 

Whitney, Timothy P. 2d Brigade, 1st Division, 

to January, 1820. 84 29 

Wilder, Nathaniel, Junior, 1st Brigade, 5th Divi- 
sion, to January, 1820, 71 70 

Wheelwright, George, 1st Brigade, 6th Division, 

to January, 1820, 38 11 

Wood, John F. 1st Brigade, 8th Division, to Jan- 
uary, 1820, 63 70 

Whitman, Josiah, 12tli Division, to January, 1820, 54 00 



Total, S3,463 41 



Brigade Qiiarter Masters. 

Day, Benjamin, 1st Brigade, 2d Division, for 1818 

and 1819, 23 00 

Coburn, Samuel A. 2d Brigade, 3d Division, to 

January, 1820, 20 75 

Clark, Royal, 1st Brigade, 10th Division, to Jan- 
uary, 1820, 47 58 

Campbell, James A. 2d Brigade, 10th Division, 

for 1819, 35 75 

Day, Robert, 1st Brigade, 4th Division, to Janua- 
ry, 1820, 36 50 

Dennett, Mark, 1st Brigade, 6th Division, to Jan- 
uary, 1820, 17 50 

Fisher, Freeman, 2d Brigade, 1st Division, to Jan- 
uary, 1820, 16 90 

Griswold, Timothy, 2d Brigade, 9tli Division, to 

1818 and 1819, January, 1820, 38 50 

Hobart, Thomas, 1st Brigade, 5th Division, to Jan- 
uary, 1820, 16 70 



MILITARY ACCOUNTS. 191 

Hubbell, Calvin, 2d Brigade, 9th Division, to Jan- 
uary, 1820, 5 15 

Harris, Moses, 1st Brigade, 12tli Division, to Jan- 
uary, 1820, 37 90 

Kendall, Jonas H. 2d Brigade, 7th Division, to 

January, 1820, 32 00 

King, Amos, 1st Brigade, 9th Division, to Janua- 
ry, 1820, 16 25 

M^well, Sylvester, 2d Brigade, 4th Division, to 

January, 1820, 32 79 

Nichols, Thomas, 2d Brigade, 11th Division, to 

January, 1818, ^ 77 75 

Phinney, Elias, 1st Brigade, 3d Division, to Jan- 
uary, 1820, 29 50 

Pollard, Oliver, 1st Brigade, 13th Division, to Jan- 
uary, 1820, 21 60 

Kollins, John, 2d Brigade, 2d Division, to Janu- 
ary, 1820, 20 56 

Russ, John, 1st Brigade, 8th Division, to Janu- 
ary, 1820, 36 00 

Sampson, James, 3d Brigade, 5th Division, to Jan- 
uaiy, 1820, 13 30 

Stimson, Joseph, 2d Brigade, 6th Division, to Jan- 
uary, 1820, 17 00 

Thomas, Nathaniel, 2d Brigade, 12th Division, to 

January, 1820, 8 10 

Willington, John, 2d Brigade, 8tli Division, to 

January, 1820, 41 54 



Total, 8642 62 



Adjutants. 

Adams, Gribbons, 1st Regiment, 2d Brigade, 2d 
'Division, to January, 1820, 40 00 

25 



192 MILITARY ACCOUNTS. 

Allen, Charles, 3d Regiment, 1st Brigade, 7tli Di- 
vision, to January, 1820, 18 64 

Avery, Josliua, Cavalry, 1st Brigade, 3d Division, 

to January, 1820, , 29 36 

Abbot, Chenery, special order, 1st Brigade, 7tli 

Division, 2 92 

Bailey, Calvin, Artillery, 3d Brigade, 1st Division, 

to January, 1820, 33 50 

Breed, Andrew, 4tli Regiment, 1st Brigade, 2d Di- 
vision, to January, 1820, 24 43 

Bradley, Charles, Cavalry, 2d Brigade, 2d Divis- 
ion, to January, 1820, 47 55 

Bemis, Isaac, Junior, 1st Regiment, 1st Brigade, 

3d Division, to January, 1820, 36 75 

Burr, Samuel, 3d Regiment, 1st Brigade, 3d Di- 
vision, to January, 1820, 76 74 

Bancroft, William A. 2d Regiment, 2d Brigade, 

3d Division, to January, 1820, 71 17 ♦ 

Bishop, Earl, Cavalry, 1st Brigade, 4th Division, 

to January, 1820, 43 35 

Bryant, Nahum, 3d Regiment, 2d Brigade, 4th 

Division, to January, 1820, 41 40 

Bourne, Edward E. Artillery, 1st Brigade, 6th 

Division, to January, 1820, 6 68 

Brooks, Jeremiah, 1st Regiment, 1st Brigade, 6th 

Division, to January, 1820, 18 56 

Bailey, Holloway, 2d Regiment, 2d Brigade, 7th 

Division, to January, 1820, 40 20 

Barrett, Benjamin, 4tli Regiment, 2d Brigade, 7th 

Division, to January, 1820, 25 08 

Backus, Zenas, 3d Regiment, 1st Brigade, 8th 

Division, to January, 1820, 65 20 

Bachelder, James R. Adjutant P. T. 1820, 6 16 

Bishop, Henry W. 2d Regiment, 2d Brigade, 9th 

Division, to January, 1820, 32 22 

Blake, Edmund, 4th Regiment, 2d Brigade, 11th 

Division, to January, 1820, 24 51 



MILITARY ACCOUNTS. 193 

Gushing, Ned, 2d Regiment, 1st Brigade, 1st Di- 
vision, to January, 1820, 64 42 1 

Clark, Samuel, 1st Regiment, 3d Brigade, 1st Di- 
vision, to January, 1820, 122 00 

Clapp, William W. 2d Regiment, 3d Brigade, 1st 

Division, to January, 1820, 97 87 1 

Clark, Gilbert, 3d Regiment, 2d Brigade, 1st Di- 
vision, to January, 1820, 32 26 

Curtis, Alfred, 3d Regiment, 3d Brigade, 1st Di- 
vision, to January, 1820, 93 00 

Clioate, William, 2d Regiment, 2d Brigade, 2d 

Division, to January, 1820, 17 23 

Coolidge, Nathaniel, 3d Regiment, 1st Brigade, 4th 

Division, to January, 1820, 38 84 

Collins, Michael, 3d Regiment, 3d Brigade, 5th 

Division, to January, 1820, 76 09| 

Califf, Josiah, 1st Regiment, 2d Brigade, 6th Di- 
vision, to January, 1820, 7 27 

Campbell, Daniel, 4th Regiment, 1st Brigade, 8th 

Division, to January, 1820, 71 42 

Cram, Levi, Artillery, 1st Brigade, 10th Division, 

to January, 1820, 105 20 

Carlton, William, 5th Regiment, 2d Brigade, 11th 

Division, to January, 1820, 21 20 

Clap, James, 2d Regiment, 1st Brigade, 13th Di- 
vision, to January, 1820, 30 84 

Day, Alfred, Artillery, 2d Brigade, 1st Division, 

to January, 1820, 36 07 

Dickinson, Philo, Artillery, 1st Brigade, 4th Di- 
vision, to January, 1820, 29 73 

Davis, Benjamin, 6th Regiment, 1st Brigade, 7th 

Division, to January, 1820, 9 4l| 

Dunlap, Robert P. 2d Regiment, 1st Brigade, 11th 

Division, to January, 1820, 81 74 

Edwards, Elislia, 1st Regiment, 1st Brigade, 4tli 

Division, to January, 1820, 32 56 



194 MILITARY ACCOUNTS. 

Ellis, Samuel, 2d Regiment, 1st Brigade, 5tli Di- 
vision, to January, 1820, 59 35 

Emery, Caleb, 3d Regiment, 1st Brigade, 6tli Di- 
vision, to January, 1820, 15 88 

Emery, Daniel, 3d Regiment, 1st Brigade, 10th Di- 
vision, to January, 1820, 144 77 

Frost, Elislia, Junior, Artillery, 1st Brigade, 3d 

Division, to January, 1820, 44 97 

Freeman, William, Artillery, 3d Brigade, 6th Di- 
vision, to January, 1820, 39 42 

Foster, Benjamin, 1st Regiment, 2d Brigade, 8tli 

Division, to January, 1820, 61 97 

Frost, Greorge, Cavalry, 2d Brigade, 12th Division, 

to January, 1820, 4 62 

Gates, Abraham, 1st Regiment, 2d Brigade, 3d 

Division, to January, 1820, 24 90 

Goodspeed, Elias, Artillery, 2d Brigade, 4th Di- 
vision, to January, 1820, 36 89 

Gilmore, Apollos R. 3d Regiment, 1st Brigade, 

10th Division, to January, 1820, 8 63 

Hutchins, Joseph, 1st Regiment, 2d Brigade, 4th 

Division, to January, 1820, 67 75 

Hoyt, John C. 2d Regiment, 2d Brigade, 4th Di- 
vision, to January, 1820, 26 77 

Haskell, Joseph, Cavalry, 1st Brigade, 5th Divis- 
ion, to January, 1820, 19 20 

Hathaway, Philip D. 5th Regiment, 2d Brigade, 

5th Division, to January, 1820, 12 03 

Hamblin, Joseph, 2d Regiment, 3d Brigade, 5th 

Division, to January, 1820, 40 50 

Hamilton, Abiel, 2d Regiment, 1st Brigade, 6th 

Division, to January, 1820, 30 92 

Hanson, John B. 3d Regiment, 1st Brigade, 6th 

Division, to January, 1820, 37 37 

Herrick, Benjamin J. 3d Regiment, 2d Brigade, 6th 

Division, to January, 1820, 32 69 



MILITARY ACCOUNTS. 195 

Hunton, Jonathan G. Artillery, 1st Brigade, 8tli 

Division, to January, 1820, 22 15 

Haskins, Robert R. Cavalry, 1st Brigade, 10th 

Division, to January, 1820, 51 09 

Healey, Halsey, Artillery, 2d Brigade, 11th Di- 
vision, to January, 1820, 12 10 
Hazeltine, Arad, 2d Regiment, 2d Brigade^ 11th 

Division, to January, 1820, 81 44 

Hovey, Alfred, 8d Regiment, 2d Brigade, 11th 

Division, to January, 1820, 24 12 

Harris, Moses, 1st Regiment, 1st Brigade, 12tli 

Division, to January, 1820, 16 29 

Hasty, Daniel, 2d Regiment, 2d Brigade, 12th 

Division, to January, 1820, 35 54 

Hammond, Moses, 1st Regiment, 1st Brigade, 13th 

Division, to January, 1820, 40 83 

Jeffords, Avery, 4th Regiment, 1st Brigade, 6th 

Division, to January, 1820, 13 75 

Knights, Jonathan, Artillery, 1st Brigade, 7th 

Division, to January, 1820, 16 35 

Kellogg, Absalom B. 2d Brigade, 9th Division, 

to January, 1820, 9 97 

Knights, Peter M. Cavalry, 2d Brigade, 12th 

Division, to January, 1820, 13 09 

Keith, Joseph, 3d Regiment, 1st Brigade, 13th 

Division, to January, 1820, 131 21 

Kimball, Moses, 1st Regiment, 2d Brigade, 13th 

Division, to January, 1820, 28 81 

Lovr, Joseph L. 3d Regiment, 2d Brigade, 2d 

Division, to January, 1820, 11 35 

Lincoln, Asa, 5th Regiment, 1st Brigade, 4th 

Division, to January, 1820, 24 60 

Low, Ephraim, 3d Regiment, 1st Brigade, 6tii 

Division, to January, 1820, 46 40 

Libbey, Nathaniel, 2d Regiment, 2d Brigade, 6th 

Division^ to January, 1820, 18 88 



196 MILITARY ACCOUNTS. 

Larraby, Josiah, 2d Regiment, 1st Brigade, 8tli 

Division, to January, 1820, 50 50 

Leicester, Charles F. 2d Regiment, 1st Brigade, 

9tli Division, to January, 1820, 56 79 

Marrell, Nathaniel, Artillery, 2d Brigade, 2d 

Division, to January, 1820, 19 04 

Mitchell, Isaac, 4th Regiment, 2d Brigade, 6th 

Division, to January, 1820, 16 71 

Morse, Moses L. 5th Regiment, 1st Brigade, 7 th 

Division, to January, 1820, 25 61 

Mead, William, Cavalry, 2d Brigade, 7th Divis- 
ion, to January, 1820, 18 26 

Miles, Josiali, 3d Regiment, 2d Brigade, 7th Di- 
vision, to January, 1820, 43 34 

Newell, Luther, 1st Regiment, 1st Brigade, 1st 

Division, to January, 1820, 102 00 

Nye, Samuel, 4tli Regiment, 2d Brigade, 2d Di- 
vision, to September, 1819, 13 37 

Nevi^ell, Joseph W. 5th Regiment, 1st Brigade, 

3d Division, to January, 1820, 66 06 

New^comb, Horatio Gr. 5th Regiment, 2d Brigade, 

7th Division, to January, 1820, 52 75 

Osborn, Richard, Junior, 5th Regiment, 1st Brig- 
ade, 2d Division, to January, 1820, 18 24 

Orr, Hector, 3d Regiment, 1st Brigade, 5th Divis- 
ion, to January, 1820, 109 25 

Ormsby, Abraham, Junior, 1st Regiment, 2d 

Brigade, 5th Division, to January, 1820, 30 94 

Page, William, 1st Regiment, 1st Brigade, 2d 

Division, to January, 1820, 13 62 

Poor, Dennet A. 3d Regiment, 2d Brigade, 2d 

Division, to January, 1820, 40 06 

Parker, Henry, 3d Regiment, 2d Brigade, 3d 

Division, to January, 1820, 41 00 

Preston, Warren, Cavalry, 2d Brigade, 8th Di- 
vision, to January, 1820, 22 59 



MILITARY ACCOUNTS. 197 

Pynclion, George, Artillery, 1st Brigade, 9tli Di- 
vision, to January, 1820, 17 66 
Pond, Asa A. 2d Regiment, 2d Brigade, 10th 

Division, to January, 1820, 66 65 

Rogers, Daniel W. 2d Regiment, 1st Brigade, 2d 

Division, to January, 1820, 22 SBf 

Richardson, Wyman, 2d Regiment, 1st Brigade, 

3d Division, to January, 1820, 24 80 

Rockwell, Uzell, 2d Regiment, 1st Brigade, 4th 

Division, to January, 1820, 23 72 

Robinson, Elijah, 3d Regiment, 2d Brigade, 8th 

Division, to January, 1820, 51 39 

Richardson, George F. 1st Brigade, 11th Division, 

to January, 1820, 30 86 

Reed, Samuel, 1st Regiment, 1st Brigade, 11th 

Division, to January, 1820, 75 07 

Sayles, Richard, Cavalry, 2d Brigade, 1st Divis- 
ion, to January, 1820, 73 85 
Sanford, Sewell, 3d Regiment, 2d Brigade, 1st 

Division, to January, 1820, 112 50 

Smith, James, 2d Regiment, 2d Brigade, 12tli 

Division, to January, 1820, 10 30 

Shepherd, Amos, 5th Regiment, 2d Brigade, 4th 

Division, to January, 1820, 35 87 1 

Seaver, James, 1st Regiment, 1st Brigade, 5tli 

Division, to January, 1820, 51 98 

Stacy, Samuel, Cavalry, 1st Brigade, Gtli Division, 

to January, 1820, 7 22 

Spring, Luther, 2d Regiment, 1st Brigade, 7th 

Division, to January, 1820, 24 52 

Sprague, Peleg, Cavalry, 1st Brigade, 8th Divis- 

ion, to January, 1820, 50 02 

Sewell, Oliver, 5th Regiment, 1st Brigade, 8th 

Division, to January, 1820, 37 42 

Sexton, George, 1st Regiment, 2d Brigade, 9th 

Division, to January, 1820, 34 02 



198 MILITARY ACCOUNTS. 

Swazy, John N. 1st Regiment, 1st Brigade, 10th 
Division, to January, 1820, 113 69 

Simpson, George, 1st Regiment, 1st Brigade, 10th 

Division, to January, 1820, 137 53 

Smith, John, 1st Regiment, 1st Brigade, 11th 

Division, to January, 1820, 11 25 

Sewell, Benjamin, 1st Regiment, 2d Brigade*, 11th 

Division, to January, 1820, 51 66 

Tucker, Seth, Artillery, 1st Brigade, 1st Division, 

to January, 1820, 44 60 

Turner, John P. Artillery, 1st Brigade, 5th Divis- 
ion, to January, 1820, 30 75 

Thompson, Arad, 4th Regiment, 1st Brigade, 5th 

Division, to January, 1820, 62 50 

Taylor, Henry, 2d Regiment, 2d Brigade, 5th 

Division, to January 1820, 45 14 

Toby, James, 1st Regiment, 3d Brigade, 5th Di- 
vision, to January, 1820, 40 87 

Thomas, Job, 1st Regiment, 2d Brigade, 12th 

Division, to January, 1820, 21 61 

Upton, Stephen, Cavalry, 1st Brigade, 2d Divis- 
ion, to January, 1820, 10 21 

Upton, John, 1st Regiment, 2d Brigade, 10th Di- 
vision, to January, 1820, 46 59 

Wild, Jonathan, Junior, 3d Regiment, 1st Brigade, 

1st Division, to January, 1820, 144 75 

Wright, David, Cavalry, 2d Brigade, 4th Divis- 
ion, to January, 1820, 58 07 

White, James P. T. 2d Regiment, 2d Brigade, 8th 

Division, to January, 1820, 4 90 

Wyman, Levi, 2d Regiment, 2d Brigade, 8th Di- 
vision, to January, 1820, 32 19 

Wright, Simeon W. 3d Regiment, 2d Brigade, 

9th Division, to January, 1820, 24 85 

Wilson, Hugh, Artillery, 1st Brigade, 11th Divis- 
ion, to January, 1820, 16 43 



MILITARY ACCOUNTS. 199 

Waterman, Daniel, 1st Regiment, 1st Brigade, 

12th Division, to January, 1820, 29 02 



Total, Adjutants, S5,374 64 



Expense for Horses to Haul Artillery. 

Aldrich, Cromwell, for the year 1819, 
Barker, Timothy A. for the year 1819, 
Bangs, Dean, for the year 1819, 
Beach, William, for the year 1819, 
Baldwin, Henry, for the year 1819, 
Blaisdel, John, Junior, for the year 1819, 
Chadburn, Thomas, for the year 1819, 
Cleaves, William W. for the year 1819, 
Coffin, Samuel, for the year 1819, 
Dungan, Joshua, for the year 1819, 
Dunham, George S. for the year 1819, 
Ensign, Thomas, for the year 1819, 
Flagg, Marshal, for the year 1819, 
Graves, Asa, for the year 1819, 
Goldthwait, Moses, for the year 1819, 

Hopkins, Charles W. for the year, 1819, 

Harris, King, for the years 1818 and 1819, 

Hunting, John, for the year 1819, 

Hammat, George, for the years 1818 and 1819, 

Hemraenway, Adam, for the year 1819, 

Holland, Nathaniel, for the year 1819, 

Jenkins, Benjamin, for the years 1817, 1818 and 1819, 25 00 

Joy, William, for the year 1819, 

Kingsbury, Ebenezer A. for the year 1819, 

Knight, Daniel, for the year 1819, 

Kimball, Edmund, for the year 1819, 

Lovejoy, John, for the year 1819, 

Lynn, William, for the year 1819, 

Lowell, John, for the year 1819, 
26 



10 


00 


20 


00 


5 


00 


16 


00 


10 


00 


25 


60 


7 


50 


10 


00 


20 


00 


5 


00 


7 


50 


5 


00 


7 


50 


5 


00 


10 


00 


3 


75 


23 


75. 


15 


00 


10 


00 


12 


50 


15 


00 


,25 


00 


12 


50 


7 


50 


5 


00 


10 


00 


10 


00 


4 


50 


8 


00 



200 MILITAllY ACCOUNTS. 

Lewis, Winslow, for the years 1817, 1818 and 1819, 52 00 
Lincoln, Henry, for the year 1819, 
May, Joseph, for the year 1819, 
Mayo, Jeremiah, for the year 1819, 
Marston, Shobel, for the year 1819, 
- Morse, Edward, for the year 1819, 
Milikan, Isaac, for the year 1819, 
Mallard, Abraham, for the year 1819, 
Nash, Micah, for the year 1819, 
Nelson, Henry, for the year 1819, 
Perkins, Samuel, for the year 1819, 
Richmond, Leonard, for the year 1819, 
Stutson, Peter, for the year 1819, 
Shiverick, Nathaniel, for the year 1819, 
Seaver, James, for the years 1818 and 1819, 
Stetson, Timothy, for the year 1819, 
Slater, Andrew, for the year 1819, 
Stone, Joseph, for the year 1819, 
Slades, John, for the year 1819, 
Severance, Otis, for the year 1819, 
Smith, Eleazer, for the years 1818 and 1819, 
Taft, Francis, for the year 1819, 
Toby, John, for the year 1819, 
True, Solomon, for the year 1819, 
Talbot, Wheaton, for the year 1819, 
Whitcomb, Josiah, for the year 1819, 
Welsh, Edward, for the year 1819, 
Wize, William W. for the year 1819, 
Washburn, Joseph, for the year 1819, 
White, Micah, for the year 1819, 
Warrener, Walter, for the year 1819, 
Wheeler, Elisha, for the year 1819, 
Williams, Thomas C for the year 1819, 
Whitney, Samuel, for the year 1819, 

Total, Hauling Artillery, S660 85 



3 


75 


10 


00 


5 


00 


5 


00 


10 


00 


10 


00 


10 


00 


5 


00 


15 


00 


5 


00 


7 


50 


10 


00 


3 


00 


20 


00 


7 


50 


6 


00 


20 00 


10 


00 


7 


50 


10 


00 


20 


00 


10 


00 


5 


00 


5 


00 


5 


00 


5 


00 


10 


00 


12 00 


7 


50 


6 25 


5 


00 


7 


50 


3 


75 



67 


50 


9 


20 


24 


10 


98 


00 


3 


20 


32 


80 



SHERIFFS' AND CORONERS' ACCOUNTS. 201 

Austin, Nathaniel, Sheriff of Middlesex County, 
for distributing precepts, and returning votes, to 
January 1st, 1820, 5 81 

Cooper, John, Sheriff of Washington County, for 
distributing precepts, and returning votes, to 
July, 1819, 

Hunewell, Richard, Sheriff of Cumberland Coun- 
ty, for returning votes, &c. to May, 1819, 

Hamlin, Cyrus, Sheriff of Oxford County, for 
distributing precepts, and returning votes, &c. to 
January 1st, 1820, 

Herrick, Jedediah, Sheriff of Penobscot County, 
for returning votes, &c. to January, 1820, 

Leonard, Horatio, Sheriff of Bristol County, for 
returning votes, &c. to February 15th, 1820, 

Sawtell, Richard, Sheriff of Somerset County, for 
returning votes, to January 1st, 1820, 

Thatcher, Samuel, Sheriff of Lincoln County, for 
returning votes, and distributing precepts, to 
January, 1820, 41 80 

Watson, Greorge, Sheriff of Hancock County, for 
returning votes, and distributing precepts, to 
January, 1820, 58 08 

Bancroft, Joseph F. Coroner of Middlesex County, 
for an inquisition on the body of a stranger, and 
funeral charges, 29 30 

Cogswell, North end, Coroner of York County, for 

an inquisition on the body of Lemuel Woodwork, 16 97 

Fisk, Nathan, Coroner of Middlesex County, for 
an inquisition on the body of a stranger, and fu- 
neral charges, 19 40 

Kingsbury, Aaron, Coroner of Norfolk County, for 
an inquisition on the body of a stranger, and fu- 
neral charges, 18 00 

Lang, William, Coroner of Essex County, for an 
inquisition, on the body of Thomas Berkley, a 
foreigner, 14 90 



202 



BRINTEES' A(:JCOUNTS. 



Smith, Jonathan, Coroner of Essex County, for an 

inquisition on the body of Samuel Eaton, 
Stevenson, Thomas, Coroner of Suffolk County, 

for sundry inquisitions on the bodies of three 

sti'angers, and funeral charges. 
White, Gilman, Coroner of Essex County, for an 

inquisition on the body of a child, a stranger, 



13 90r 



49 62 



18 83 



IS516 41 



PRINTERS' ACCOUNTS. 

AUen, Phineas, for printing acts and resolves, to 

January 10th, 1820, 46 67 

Alleyne, Abel D. for printing laws, and advertising 

lands in Maine, 37 00 

Allen, E. W. for printing laws, to August, 1819, 33 34 

Ballard and Wright, for publishing resolve for 
deaf and dumb, and newspapers, to February 
23d, 1820, 116 37 

Burton, James, Junior, for printing laws and re- 
solves, to January, 1820, 16 67 

Clapp, William W. for printing acts and resolves, 

to January 1st, 1820, 22 66 

Dickman, Thomas, for printing acts and resolves, 

to October 1st, 1819, 16 67 

Denio and Phelps, for printing acts and resolves, 

to January 1st, 1820, 16 67 

Douglas, Francis, for printing Treasurer's notice, 

relative to taxes in Maine, to January, 1820, 4 50 

Foster, Moses B. for printing State notes, to Sep- 
tember 1st, 1819, 7 00 

Groodale, Ezekiel, for printing laws, and adver- 
tising public lands, to January, 1820, 22 33 

Manning, William, for publishing acts and re- 
solves, to January lOth, 1819, 16 67 



MISCELLANEOUS ACCOUNTS. 203 

Shirley, Aithur, for publishing laws, &c. to Jan- 
uary, 1820, 21 00 
' Hale, Nathan, for printing laws and resolves, and 

newspapers and circulars, to January 10th, 1820, 77 09 

Russell, Benjamin, for newspapers, for the Legis- 
lature, to February 24th, 1820, 77 75 



Total, iS502 39 



MISCELLANEOUS ACCOUNTS. 

Agricultural Society of Massachusetts, for sundry 
expenses in raising seeds and plants, and ex- 
periments made by said society, in gardens at 
Cambridge, under the direction of Professor 
Peck, including Wells and Lilly's account for 
printing, for the year 1819, and to January 10th, 
1820, 645 28 

Boston Board of Health, for repairs on Rainsford 
Island, as per Jonathan Loring's bill, to Jan- 
uary, 1820, 693 81 

Burditt, James W. for stationary furnished the 

government, to February 11th, 1820, 237 95 

Blaney, Henry, for sundry repairs on the State 

House, to January 11th, 1820, 28 49 

Bird, Abraham, for timber furnished for repairing 

State House, to December 3d, 1819, 31 83 

Bradley, Samuel, repairs on the State House, per 

direction of Jacob Kuhn, 23 47 

Committee to examine the Treasurer's account, viz. : 
To Ebenezer Gay, 14 00 

Thomas Greenleaf, 14 00 i 

Sherman Leland, 14 00 42 00 

Darant, William^ for repairs on the State House, 

to December 23d; 1819, 32 75 



204 MISCELLANEOUS ACCOUNTS. 

Grant, Moses, for repairing carpets and cushions, 

in the State House, 40 00 

Hobart, Moses L. Keeper of the Hospital, on 

Rainsford Island, 44 44 

Loring, Benjamin, books and stationary for the 

Adjutant General's Office, February 14th, 1820, 87 28 
Lincoln, Amos, for hanging windows, and work 

on the State House, 15 25 

Lane and Lamson, for crape for tlie General Court, 55 00 
Lincoln, Amos, Junior, for painting at the State 

House, to 1820, 17 26 

Parker, William, for quills for Secretary's Office, 

to 1820, 6 00 

Sanderson, Isaac, for paper for Secretary's Office, 

to January 5th, 1820, 19 00 

Wheeler, John H. for repairs on the State House, 

to 1820, 229 91 

West, Richardson and Lord, for stationary for 

Secretary's Office, to January 15th, 1820, 36 00 

Cutting, Elijah W. for assisting the Messenger of 

the General Court, to February 24th, 1820, 100 00 

Town, Edmund, for assisting the Messenger of the 

General Court, nine days, to February 12th, 

1820, 22 50 

Low, J ohn V. for assisting the Messenger of the 

General Court, to February 24th, 1820, 95 00 

Bacon, Henry, for assisting the Messenger of the 

General Court, to February 24th, 1820, 82 50 

Margaret Rider, for her son, Thomas P. Rider, 

as Page to the House, to February 24th, 1820, 38 00 
Chase, Warren, for assisting the Messenger of the 

General Court, to February 24th, 1820 105 00 

Total, Miscellaneous, 82728 64 



RESOLVE TO ROLL No. 82. 205 

Aggregate of Roll No. 82. 

Expense of State Paupers^ 47327 13 

" of Militia, 14585 36 

<^ of Sheriflfe and Coroners, 516 41 

« of Printers, 502 39 

« of Miscellaneous, 2728 64 



865659 93 



Resolved, That there be allowed and paid out of the 
public treasury, to the several corporations and persons 
mentioned in this roll, the sums set against such corpora- 
tions and persons' names, respectively ; amounting in the 
whole, to sixty-five thousand, six hundred and fifty-nine 
dollars and ninety-three cents ; the same being in full dis- 
charge of the accounts and demands to which they refer. 

Jlpproved by the Governor, February 24th, 1 820 



COMMONWEALTH OF MASSACHUSETTS. 



secretary's office, may 10, 1820. 

BY THIS, I CERTIFY, That the Resolves, passed at the session of the Legislature, 
beginning January 12th, and ending February 25th, 1820, have been compared with the origi- 
nals in this office, and appear to be correct. 

.\LDEN BRADFORD, Secretary of the Common-wenhh 



INDEX 

TO THE RESOLVES PASSED IN JANUARY AND FEBRUARY, 1820. 



A. 
ACADEMY, Leicester, Attorney General to institute a process for 

recovery of certain Lands, ... - 116 

'' Lincoln, Lands confirmed to, .... 129 

Andrews, William, Junior, and others, Treasurer of Essex to pay 

8250, 113, 125 

Attleborough, allowed for the support of J. Barnard, - - - 131 

B. 

Baldwin, Benjamin, time for paying his notes extended, - - 121 
Baldwin, Reverend Amos G. exempted from prosecution, - - 135 
Banks, resolve on proposition that Congress make no law to erect, 
except in the District of Columbia, - - - - -118 

Barnstable County, Tax granted, > - 142 

Barras, Peter, and wife, a piece of Land, in Salem, released to her, 107 

Berkshire County, Tax granted, 142 

Boylston, Ward N. Solicitor General to prosecute for recovery of 

of two Portraits, 103 

" " resolve in favor of, repealed, - - - 12r 

Bridge, over Deerfield River, Court of Sessions for Franklin to grant 
money for building, - - - - - - - -124 

Bridgeman, Joseph, Junior, authorized to sell half a Pew, - 171 

Bristol County, Tax granted, - - -.- - - -142 

" " the Supreme Judicial Court, at the adjourned term 

in May, shall have cognizance of crimes, &c. - 143 
Burr, David C. Marriage confirmed, - . . , . los 

C. 

Canton, a Meeting of the First Congregational Parish to be called, 112 

Chaplains of the General Court, pay granted, - . . . 173 

College, Williams, grant of a Township to be satisfied, - - HO 
Commissioners of the Land Office, to satisfy a grant to Williams 

College, - - - 110 

<< ••' *' toronvey LandtoJ.E. Foxcroft, IIS 



INDEX. 

Commissioners of the Land Office, allowed further time to make 

Deeds of Lots 93 and 112, in 
Bangor, - - - - 114 
" " <' to locate the Township granted 

to the Proprietors of Sandy 
Bay Pier, - . - 117 
" " " to convey 5000 acres to Joseph 

\ Treat, - - - 126 

« " " to pay J. and S. Spring 2-3 of a 

certain sum, - - 134 

" . " " to sell the Commonwealth's right 

in No. 3, - - - 140 

" " " to release a Lot to the Proprie- 

tors of No. 4, - - 152 

'' " " to give notice of the time limit- 

ed for locating grants, &c. of 
Lands in Maine, - - 157 

" " " their report of all Lands convey- 

ed, &c. - . . 158 

" " " to make an allowance to the in- 

habitants of Penobscot for cer- 
tain Taxes by them paid, - 171 
Commissioners to be appointed to ascertain the Line between this 

State and Connecticut, 127 

Committee, to view 8th Massachusetts Turnpike Road, &c. - 130 

" on Accounts, Pay for services granted, - - - 153 

" « Roll, No. 82, 175 

Congress, number of Members from Massachusetts and Maine de- 
termined, -- - - - - - - - 107 

Constitution of the United States, resolve on proposed amendment, 

relative to Banks, &c. 118 

Court, Supreme Judicial, to have cognizance of crimes, &c. at their 

adjourned term in May next, in Bristol County, - - - 143 

Court of Sessions, Cumberland County, to adjust the account of 

John Merrill, 147 

" " Essex County, to adjust the account of Doctor 

Peabody, 153 

" " Franklin County, to grant money for a Bridge over 

Deerfield River, 124 

Crane, Abijah, as Administrator of the estate of William Perkins, au- 
thorized to execute a Deed, --_... 122 
Cumberland County, Tax granted, 142 

D. 

Deaf and Dumb Persons, further provision for, . - - . 104 



INDEX. 

Deaf and Dumb Persons, provision for removing from the Asylum, 
when necessary, --------- 144 

Dennis, John, Marriage confirmed, . _ - . . 108 

Dukes' County, Tax granted, 142 

Durfee, Allen, granted a reward of S200, . . - - 144 

E. 

Eastman, William, as Administrator of the estate of J. H. Dickinson, 
to make certain Deeds, ------- 106 

Essex County, Treasurer to pay William Andrews, Junior, and oth- 
ers g250, 113 

« « Tax granted, - 142 

F. 

Forbes, Jonathan, to be discharged from imprisonment, - - 115 

Foxcroft, Joseph E. Commissioners of the Land Office to convey 

Lands to, --------- - 113 

Franklin County, Tax granted, ------- 142 

" " Court of Sessions to grant money for a Bridge 

over Deerfield River, - - - - - - - -124 

Freeman, Honorable Samuel, Court of Sessions to allow an addi- 
tion to his Salary as Judge of Probate, 115 

Freetown, a Meeting of the Congregational Parish to be called, - 111 

G. 

Gilbert, Eliel, and others, Court of Sessions, in Franklin County, to 

grant money for building a Bridge over Deerfield River, - - 124 
Gilman, Allen, Commissioners of the Land Office allowed further 

time to make a Deed, - -114 

Goodell, Asa, discharged as Guardian of the Grafton Indians, - 138 

Governor, his Message, at the opening of the Session of the General 

Court, 89 

" " communicating a letter from Senators in 

Congress, relative to the election of Re- 
sentatives, by Massachusetts and Maine, 
for the 17th Congress, - . - 99 

" " laying before the Court a copy of the Re- 

cords of the Convention, and of the Con- 
stitution of Maine, - - - - 99 
" " communicating resolutions of Indiana, con- 
curring with Pennsylvania, for amending 
the Constitution of the United States, 108 
^' ''' submitting a petition from the Indians in 

Yarmouth, 109 



INDEX. 

Governor, his Message, communicating a letter from the Governor 
of Ohio relative to amending the Constitu- 
tion of the United States, and the resigna- 
tion of Major General Hovey, - - 131 
" " respecting Benjamin Tripp, at the Hartford 

Asylum, . _ . . - 137 

" " submitting the claim of Allen Durfee, - 139 

" requested to appoint Commissioners to ascertain the Line 

between this State and Connecticut, - - - 127 

" requested to remove Benjamin Tripp from the Asylum 

at Hartford, 144 

Greenwood, Ethan A. resolve on petition W. N. Boylston repealed, 127 
Griswold, Reverend Samuel, Marriage confirmed, ... 135 

H. 

Hager, J. and E. Treasurer to issue a new State Note, - - 100 

Hampden County, Tax granted, 142 

Hampshire « « « 142 

Hancock, « « « • 142 

Handy, Ebenezer, grant to, 123 

Hart, Daniel, pensioned, 152 

Hasty, Daniel, Committee on Accounts to examine his account, - 112 

I. 

Indians, Grafton, new Guardian appointed, ... - 139 

" Herring Pond, grant for repair of their Meeting House, - 116 

Johnson, Thomas, and others, excused from settling duties, - 122 

K. 
Kennebec County, Tax granted, .--*-- 142 

L. 

Lands, Schedule of grants unlocated, 102 

" Schedule of grants, sales, &c. since the establishment of the 

Land Office Department, 158 

'• Schedule of grants not located, but time for location stated, 166 
" Schedule of contracts, amount of consideration, and balances 

due, 167 

" Schedule of Lands conveyed to Colleges, Academies, &c. and 

sold and conveyed to individuals, - - - - 169 

" time fixed for locating grants and sales of Land, - 101, 156 

'' time for performing settling duties on Lands, extended, 155 

" see Commissioners of the Land Office, .... 

Leland, Jonathan, Esq. appointed Guardian of the Grafton Indians, 139 



INDEX. 

Lincoln County, Tax granted, 142 

Lithgow, Arthur, exempted from arrest, - - - - 123 

Locke, John, empowered to sell Real Estate, of his children, - 125 

Locke, Ward, Assistant to the Messenger, Pay granted, - 174 

M. 

Maine, State of, shall be entitled to one third of all Books, &c. - 172 
" " and Massachusetts, Receivers of Public Monies to 

make up their accounts to a certain day, - 170 

" " Treasurer of Massachusetts to pay S8000 to Trea- 

surer of, ----_.. 170 

Merrill, Roger, Thomas Johnson, and others excused from settling 

duties, 122 

Merrill, John, Court of Sessions in Cumberland, to adjust his account, 147 
Mlddleborough, First Precinct, empowered to raise Money, - - 133 
Middlesex County, Tax granted, 142 

N. 

Neal, John, Marriage confirmed, . . _ . > . 108 

Nichols, Benjamin R. Esq. granted pay for transcribing Plymouth 

Colony Records, &c. 132 

Norfolk County, Tax granted, .-_-_. 140 

Noyes, Isaac, grant to, 152 

O. 

Officers and Soldiers of the Army of the Revolution, balances due to 

be paid, 129 

Oxford County, Tax granted, - - 142 

P. 

Peabody, Nathaniel, the Court of Sessions, Essex, to adjust his ac- 
count, 153 

Peirce, Jonathan, and J. S. grant to, - - - - - - 120 

Penobscot County, Tax granted, 142 

^' Town of. Commissioners of the Land Office, to make al- 
lowance to the inhabitants, for certain Taxes by 

them paid, ------- 171 

Pike, Jesse, Marriage confirmed, 108 

Plymouth Colony Records, Benjamin R. Nichols compensated for 

transcribing, &c. - - - - - - - - 132 

Plymouth County, Tax granted, - - - - - . - - 142 

Pratt, Mary, money left by her son, granted to her, - - - 140 

Printers, pay for services, - - r 156 



INDEX. 



R. 

Rajiies, Joseph, granted sixteen dollars, for services of Jonathan 

Tyler, Junior, - - - - - - -- - 133 

Reynolds, Joel, grant to, ._.---- 152 

Ring, Daniel, Junior, Marriage confirmed, - - - - - 108 

Rowell, Lydia, empowered to sell Real Estate, . _ - 134 

Russell and Gardner, granted pay for printing for the Commonwealth, 156 

S. 
Sandy Bay Pier, Commissioners of the Land Office, to locate the 

Township, granted to the Proprietors of, ----- 117 
Secretary, to deliver one third of the Books, &c. for the State of 

Maine, 172 

Secretary and Treasurer, directed relative to balances due Officers 

and Soldiers of the Army of the Revolution, - - - 129 

Sibley, Samuel, Marriage confirmed, ------ 146 

Slavery, report and resolves on the subject of, - - - 147 

Smallman, Richard, to be discharged from prison, . - > 103 

Soldiers, sick and wounded, in Militia Service, grants to, - 152 

" of the Revolutionary Army, balances to be paid to, - 129 

" " " further time granted to settle 

lands, and claim gratuity, - 121 

Solicitor General, to prosecute lor two Portraits, for W. N. Boylston, 103 

«c " " " repealed, - - 127 

Somerset County, Tax granted, 142 

Spring, John and Seth, Commissioners of the Land Office, to pay a 

certain sum, 134 

Stone, John B. to be discharged from prison, - - - - 111 

Storer, Hannah, Treasurer to issue a new State Note to, - - 100 

Storer, Joseph, grant to, 152 

Suffolk, Tax granted, - 142 

Sumner, Davis, and his wife, authorized to sell Real Estate, - 141 

T. 



rax, 


granted to the 


County of Barnstable, 


ii 


ii 


ii 


Berkshire, 


a 


a 


a 


Bristol, 




ii 


a 


Cumberland, 




ii. 


ii 


Dukes' County 




ii 


a 


Essex, 




ii 


ii 


Franklin, 




ii 


ii 


Hampden, 




ii 


ii 


Hampshire, 




ii 


ii 


Hancock, 



>- 



142 



> - 14£ 



INDEX. 

Tax, granted to the County of Kennebeck, 
« « " Lincoln, 

« « . " Middlesex, 

« « « Norfolk, 

« « « Oxford, 

« " " Penobscot, 

" « « Plymouth, 

" « " Somerset, 

« " « Suflfolk, 

« " « Washington, 

" *' " Worcester, 

« " « York, 

Tozer, William, grant to, 152 

Treasurer, to credit certain towns and plantations, - - - 136 
Treasurer, to issue a New Note to J. and E. Hager, and H. Storer, 100 
" to credit certain Tax Debtors, . - _ - 136 

" and all Receivers of Public Monies, directed as to what 

time they shall make up their accounts, - - 170 
" to pay the Treasurer of Maine eight thousand dollars, in 

June, 170 

" and Secretary, directed respecting balances due to OflB.- 

cers and Soldiers of the Revolutionary Army, - 129 

" of Essex County, to pay William Andrews and others, 

S250, 113, 125 

Treat, Joseph, Commissioners of the Land Office, to convey five 
thousand acres to, - - - - - - - - 126 

Tripp, Benjamin, to be removed from the Asylum, in Hartford, - 144 
Trustees of Williams College, grant of a Township to be satisfied, 110 
Tudor, William, deceased, his estate released from claim, on account 

of his having endorsed obligations given by Peck and Wetmore, 154 
Turner, Charles, authorized to sell Real Estate of Josiah Litchfield, 146 
Turnpike, 8th Massachusetts, Committee to view the Road, &c. 130 

Tyler, Jonathan, Junior, gl6 as gratuity, granted - - - 1 



<}<! 



w. 

Walcutt, Thomas, Clerk in the Lobbies, Pay granted, - - 173 

Washington County, Tax granted, 142 

Watson, Joshua W. Marriage confirmed, .... 108 
Waugh, Sally, allowed for services of her husband Colonel J. Waugh, 138 
Wayne, Records and Proceedings made valid, _ . . 104 
Webster, Jonathan, Commissioners of the Land Office, allowed fur- 
ther time to make a Deed, -- 114 

Wellington, John, Marriage confirmed, - - - - ' - 146 



INDEX. 

White, Jonas, and others, Proprietors of No. 4, Lot of Land grant- 
ed to, 152 

Williams College, Trustees, resolve on petition of, - - - 110 

Witnesses, before a Committee of the House, pay granted, - 155 

Worcester County, Tax granted, - 142 

Y. 

York County, Tax granted, ------- 142 



RESOLVES 



THE GENERAL COURT 



CommontoealtJ) of ^USajS^at&ujSettiS, 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE THIRTY FIRST OF MAY, AND 

ENDED ON THE SEVENTEENTH OF JUNE, ONE THOUSAND 

EIGHT HUNDRED AND TWENTY. 



Published agreeably to a Resolve of 16th Januarj', 1812. 




BOSTON : 

PRINTED BY RUSSELL <§• GARDNER, FOR BENJAMIN RUSSELL, 



PRINTER TO THE STATE. 



1820. 



CIVIL GOVERNMENT 

OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

FOR THE POLITICAL YEAR 1820...21. v 



HIS EXCELLENCY 

JOHN BROOKS, ESQUIRE, 

GOVERNOR. 

HIS HONOR 

WILLIAM PHILLIPS, ESQUIRE, 

LIEUTENANT GOVEROR. 



COUNCIL. 

HON. TIMOTHY BIGELOW, 

" BENJAMIN PICKMAN, 

" GEORGE BLISS, 

« NAHUM MITCHELL, 

" EPHRAIM WILLIAMS. 

" SAMUEL CROCKER, 

" SILAS HOLMAN, 

'^ RICHARD SULLIVAN, 

«• THOMAS GREENLEAF. 



ALDEN BRADFORD, ESaUIRE, 

SECRETARY OF THE COMMONWEALTH. 

HONORABLE DANIEL SARGENT, 

TREASURER OF THE COMMONWEALTH 



SENATE. 



HON. JOHN PHILLIPS^ 

PRESIDEJVT. 



SUFFOLK DISTRICT. 

Hon. John Phillips, Hon. Jonathan Hunewell, 

Peter C Brooks, Benjamin Gorham, 

John Welles, William Sullivan. 

ESSEX DISTRICT. 

Hon. Israel Bartlett, Hon. Ebenezer Mosely, 

Dudley L. Pickman, Hobart Clark. 

Robert Rantoul, 

MIDDLESEX DISTRICT. 

Hon. Joseph B. Yarnum, Hon. William Whittemore. 
Leonard M. Parker, 

PLYMOUTH DISTRICT. 

Hon. John Thomas, Hon. William Bourne. 

NORFOLK DISTRICT. 

Hon. Benjamin Reynolds, Hon. John Ruggles, Jr. 

BRISTOL DISTRICT. 

Hon. John M. Williams. Hon. James Howland, 2d. 

BARNSTABLE, DUKES' COUNTY AND NAN- 
TUCKET DISTRICT. 

Hon. Solomon Freeman. 



SENATE. 209 

WORCESTEU DISTRICT. 

Hon. Stephen P. Gardner, Hon. Samuel Eastman, 
Aaron Tufts, Lewis Bigelow. 

HAMPSHIRE DISTRICT. 

Hon. Jonathan H. Lyman, Hon. Thomas Longley, 
Jonathan Dwight, Jr. Mark Doolittle. 

BERKSHIRE DISTRICT. 

Hon. Caleb Hyde, Hon. Phineas Allen. 



SAMUEL F. McCLEARY, Esq. Chrk 
JOHN FARRIE, Jr. Assistant Clerk. 
Rev. JOHN G. PALFREY, Chaplain, 



HOUSE OF REPRESENTATIVES. 



HON. ELIJAH H. MILLS, 

SPEJIKEB. 



COUNTY OF SUFFOLK. 

Boston, Josiah Quiiicy, 

Benjamin Russell j 
Warren Button, 
William Tudor, 
Lemuel Shaw, 
William Sturgis, 
Samuel Hubbard, 
Joseph Coolidge, Junior, 
Heman Lincoln, 
Edmund Winchester, 
Nathan Hale, 
George Bond, 
Joseph Austin, 
Francis C. Oray, 
Theodore Lyman, Junior. 

ESSEX. 

John G. King, 
Samuel Ropes, 
Charles Saunders, 
Edward Lander, 
John Forrester. 
Ipswich, John Choate. 



Chelsea. 



Salem, 



HOUSE OF KEPRESENTATIVES. 211 



JVewbury, 


Josiah Little. 


Lynn, 


Ezra Miidge. 


GloHtcesteVf 


William W. Parrott. 


Roivley, 


Joshua Jewett. 


Salisbury^ 


Ephraim Morrill. 


Wenkam, 




Manchester, 




Haverhill, 


Moses Wingate. 


Andover, 


Stephen Barker. 


Marblekead, 


John Hooper. 


Topsfield, 




Amesbury, 


David Lowell. 


Beverly, 


Josiah Lovett, 




Thomas Davis. 


Bradford, 




Boxford, 


Moses Dorman. 


Methuen, 


Benjamin Osgood. 


Middleton, 




Danvers, 


Nathan Felton. 


JVewb wry port, 


Stephen Howard, 




Stephen W. Marston. 


Lynnfield, 




Hamilton, 




Saugus, 


Joseph Cheever. 


Parsons, 


Daniel Emery. 


Essex. 






MIDDLESEX. 


Charlestoivn, 


Timothy Thompson, Junior, 




Philemon R. Russell, 




Thomas Harris, 




Richard D evens. 




John H. Brown, 




Peter Tufts. 


Watertown, 


Levi Thaxter. 


Medford, 


Abner Bartlett. 


Oavfibridge, 


Samuel P. P. Fay. 



212 



HOUSE OF REPRESENTATIVES. 



Concord, 

Sudbury f 

Wohurn, 

Meadingf 

Maiden y 

Chelmsford, 

Billerica, 

Groton, 

Marlborough. 

Dunstable, 

Sherburne, 

Stow and Boxborough, 

JSTewton, 

Framingham, 

JDracut, 

Weston, 

Lexington, 

Littleton, 

HopJcinton, 

Holliston, 

Stoneham, 

Westford, 

Bedford, 

Wilmington, 

Townsend, 

Tewksbury, 

Acton, 

Waltham, 

Shirley, 

Pepperell, 

Lincoln, 

Ashby, 

East Sudbury, 

JSTatick, 

Tyngsborough, 

Burlington, 



Thomas Wheeler. 
Isaac Gibbs. 
John Wade. 
Edmund Parker. 

Joseph Bailey. 

Luther Lawrence. 
Joel Cranston. 



Augustus Tower. 
Joseph Jackson. 
John Trowbridge. 



George W. Smith. 
Nathan Cliandler. 

Nathan Phipps. 



Aaron Warren. 



David Townsend. 

Abel Jewett. 
Elijah Fiske. 

Micah M. Rutter. 



HOUSE OF REPRESENTATIVES. 



213 



Carlisle, 




Brighton^ 


Gorham Parsons. 


West Cambridge, 


Thomas Russell. 


South Reading, 


John Hart. 




HAMPSHIRE. 


JVorthampton, 


Elijah H. Mills. 


Hadleij, 


Charles P. Phelps. 


Hatfield, 




Pelham^ 


Henry Kingman. 


Southampton, 




South Hadley, 




Greenwich, 




Jlmherst, 


Timothy I. Gridley, 


Belchei'town, 


Justin Forward. 


Ware, 




Chesterfield, 




Granhy, 


Eli Dickenson. 


Worthington, 


Trowbridge Ward. 


Williamsburg, 




J\*orivich, 




Cummington, 




Westhampton, 




Goshen, 




Middlefield, 




Plainfield, 




Easthampton, 




Enfield^ 


Jesse Fobes. 




PLYMOUTH. 


Plymouth, 


Barnabas Hedge. 


Hingham, 


James Stephenson^ 




Solomon Jones. 


Scituate, 


Edward F. Jacobs. 


Buxbury, 




28 





/ 



214 



HOUSE OF REFRE8ENTAT1VES. 



Marshfield, 

Hull, 

BridgewateVf 

Middleboroiigh; 

Rochester, 

Plymjpton, 

Pembroke, 

Ahington, 

Kingston, 

Hanover, 

Halifax, 

JVareham, 

Carver, 



Taunton, 
Mehoboth, 
Dartmouth, 



Swanzey, 

Freetown, 

Jtttleborough, 

JSTorton, 

JJighton, 

Eastown, 

Maynham, 

Berkley, 

Mansfield, 

JSTew Bedford* 



Westport, 
Somerset, 
Troy, 
Fairhaven, 



Joseph Clift. 
William Baylies. 

Charles H. Holmes- 
Kilborn Whitman. 

llobert Eells. 

I 

Benjamin Ellis. 



BRISTOL. 



D. O. W. Cobb. 
James Bliss. 
Joseph Giftbrd, 
Holder Slocum^ 
Thomas Almy. 
John Winslow. 
Nathaniel Morton, Junior. 
Abiather Richardson, Junior 
George Walker* 



Solomon Pratt. 

John Nye, 

Lemuel Williams, Junior. 

William Hathaway, 

Thomas Rotch. 

David Anthony. 

James Taber. 



Sekonkf 
Wellington. 



Barnstable^ 

Sandwich f 

Yarmouth, 

Eastham, 

Falmouth, 

Harwich, 

Truro, 

Chatham, 

Provincetoivn, 

Welfleet, 

Dennis, 

Orleans, 

Brewster. 



Edgartown, 

Tisbury, 

Chilmark. 



JSTantucket, 

Lancaster, 
Mendon, 

Worcester, 



Oxford, 
Leicester, 
Rutland, 
Sutton, 



HOUSE OF REPRESENTATIVES. 

Peter Hunt. 



215 



BARNSTABLE. 

Nymphas Marston. 

John Reed. 
Harding Knowles. 
Thomas Fish. 



Orin Howes. 



DUKES' COUNTY. 

Peter Norton. 

NANTUCKET. 

William Coffin. 

WORCESTER. 

Jonathan Russell, 
Daniel Thurber. 
Abraham Lincoln, 
Levi Lincoln, 
Edward D. Bangs. 

John King. 

Jonas Sibley. 



216 HOUSE OF REPRESENTATIVES. 



Westhoroiigh, 

Brookfield, 

TJxhridge, 

SouthhHdge, 

Shrewsbury, 

Jjunenburghf 

Dudley, 

Harvard, 

Grafton, 

Upton, 

Hardwick, 

Bolton, 

Sturbridge, 

Holden, 

Leominster, 

Western, 

Douglas, 

JSTew Braintree, 

Spencer, 

Petersham, 

Charlton, 

Templeton, 

Athol, 

Oakham, 

Fitchburgh, 

Winchendon, 

Paxton, 

Boyalston, 

Jlshburnham, 

J\rorthborough, 

Hubbardston, 

Westminster, 

Princeton, 

JSTorthbridge, 

Barre, 

Ward, 



Bezalael Taft. 



Edmund Cushing. 



Timothy Paige. 

Sylvester Watkins. 
William Di'ury. 
Bezalael Lawrence. 
Samuel Blair. 
Welcome Whipple. 

William Bemis. 
Hutchins Hapgood. 



Horatio Gr. Newcomb. 
Rufus Bullock. 
James Keyes. 
Edward KendalL 



HOUSE OF REPRESENTATIVES. 



21t 



Milford, 

Sterlings 

Berlin^ 

Gai'dner, 

Boylston, 

Dana, 

West Boylston, 

jyorth Brookfield. 

Milhury, 

Phillipston^ 

Southbridge. 



Sheffield, 

Stockhridge, 

JSTew Marlborough, 

JEgremont, 

Pittsjield, 

Great Barrington, 

Sandisfield, 

Southfield, 

Tyringham, 

Lanesborough, 

JSTew Jlshford, 

Williamstownf 

Beckety 

Richmond, 

Lenox, 

Windsor, 

Peru, 

Alford, 

Otis, 

West Stockbridge, 

Hancock, 

Washington^ 

Lee, 

Mams, 



Samuel Sawyer, 
William Whitney. 



BERKSHIRE. 

Joseph Wilcox. 
Jared Curtis. 
Benjamin Wheeler. 
Seth Newman. 
Jonathan Allen. 
Isaac L. Van Deusen. 
Joseph Sears. 

Adonijah Bidwell. 
Nehemiah Talcott. 

Daniel Noble. 
Benjamin C. Perkins. 
Hugo Burghardt. 
Charles Mattoon. 

Henry Emmons. 



Joseph B. Hill. 
Rodman Hazard. 
Jasper Morgan. 
John B. Perry. 
Richmond Brown. 



218 HOUSE OF REPRESENTATIVES. 



Mount Washington, ' 

Dalton, 

Cheshire, 

Savoy, 

Clarhshurgh, 

Hinsdale, 

Florida. 



Dorchester, 
Roxbury, 



Ethan A. Rix. 



Thomas Allen. 



NORFOLK. 



Weymouth, 

Dedham, 

Braintree, 

Medfield and Dover, 

Milton, 

Wrentham, 

Brookline, 

JSTeedham, 

Medway, 

Dellingham, 

Walpole, 

Stoughton, 

Sharon, 

Cohasset, 

Franklin, 

Foxborough, 

Dover, 

Quincy, 

Randolph, 

Canton, 



James Humphreys. 
Sherman Leland, 
Abijali Draper, 
Paul Grore, 
Lemuel Lebaron. 
Isaac Davis. 
Christopher Webb. 
Levi Bates. 
William Ellis. 
Nathaniel Thayer. 
Daniel Adams. 

Samuel Day. 
John Robinson. 



Jesse Boyden. 



Jacob Flint. 
Lewis Fisher. 



Thomas Grreenleaf. 



Samuel Capen. 



HOUSE OF REPRESENT ATIVES. 



219 



FRANKLIN. 



Deerfield, 

J^orthfieM, 

Sunderland^ 

Greenfield^ 

JS'ew Salem, 

Montague, 

Colraine, 

Shutesbury, 

Bernardston, 

Warwick, 

Ashfield, 

Charlemonty 

Conway, 

Shelburne, 

Whately, 

Leverett, 

Biickland, 

Wendell, 

Orange, 

Howe, 

Heath, 

Hatcley, 

Gill, 

Ley den. 



Springfield, 

Westfield, 

Brimfield, 

Blandford, 

Palmer, 

Granville, 

Monson, 



Elihu Hoyt. 
Medad Alexander. 

Solomon Smead. 
Varney Pearce. 

Robert L. McClannen. 



Ashbel Ward. 
Henry Bassett. 

William Wells, 



Ephraim Hastings. 



HAMPDEN. 



Daniel Bontecou. 
William Atwater. 
Stephen Pynchon. 

James Stebbins. 
Francis Stebbins, 
James Barlow. 
Abraham Haskell. 



S, Brimfield and Hollands 



220 HOUSE OF REPRESENTATIVES. 



WilhraJiam, 

Chester, 

Southwiclcj 

West Spnng^eldf 

Ludloic, 

Montgomery^ 

Longmead Wy 

Mussell, 

Tolland. 



Abel Bliss, Junior. 
William Wade. 
Joseph Forward. 
Charles Ball. 



BENJAMIN POLLARD, Esq. Clerk. 
HENRY CODMAN, Esq. Assistant Clerk. 
Rev. WILLIAM JENKS, Chaplain. 



JACOB KUHN, Messenger to the General Court. 
JOHN VAUGHAN LOW, Jlssistant Messenger. 
THOMAS P. RIDER, Page to the House. 



RESOLVES 



OF THE 



GENERAL COURT OF MASSACHUSETTS. 



PASSED AT THEIR SESSION, 

WHICH COMMENCED ON THE THIRTY FIRST DAY OF MAY, AND ENDED ON THE 
SEVENTEENTH DAY OF JUNE, EIGHTEEN HimORED AND TWENTY. 



GOVERNOR'S SPEECH. 



REPRESENTATIVES' CHAMBER, JUNE 6, 1820. 

^t noorif agreeably to assignment the two Houses assem- 
bled in Convention^ when His Excellency the Governor 
came in, preceded by the Sheriff of Suffolk, and attended 
by His Honor the Lieutenant Governor, the Honorable 
Council, and the Officers of State ; and delivered the 
following 

SPEECH. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

AS you have convened under singular cir- 
cumstances, from the severance of the State of 
Maine, the subjects of legislation which will call 
your attention, though less diversified than hereto- 
fore, must be extremely important. Their magni- 
tude in some instances, must add peculiar solemnity 

29 



222 GOVERNOR S SPEECH. 

to your deliberations ; and a consideration of the 
greatness of the trust confided to your wisdom tlie 
present year, will, I doubt not, lead to such delib- 
erations and results, as shall comport with the best 
interests of the Commonwealth. The formation of 
the District of Maine into a separate State, having 
been a question of reiterated legislative discussion, 
and the public mind appearing to have been pre- 
pared for the consummation of such a measure, the 
Legislature of the last year, after great considera- 
tion, yielded its assent to the separation. It noAV, 
therefore, devolves on you, gentlemen, to meet a 
state of things necessarily resulting from the force 
of circumstances, and to devise such measures for 
maintaining the honor and prosperity of ancient 
Massachusetts, as the occasion may demand. 

Although, by the separation of Maine, the 
Commonwealth is greatly reduced in territory, and 
not inconsiderable in population, it yet possesses 
the elements of a great and powerful community. 
Its resources are not only capable of maintaining 
the respectability of its political, civil, literary, and 
religious institutions, but of aiding such public im- 
provements as circumstances may require. Its free 
population, which alone forms the strength of a 
people, will be exceeded in number by a few only 
of the States in the Union. Its militia, in point of 
character and discipline, is surpassed by none. The 
capacity of its citizens, in all the various branches 
of industry, their public spirit, the wisdom and 
solidity of their public institutions, the habits and 
morals of the people, the spirit and skill with which 



GOVERNOirS SPEECH. 223 

agriculture is prosecuted, the sagacity and honora- 
ble enterprize of our merchants, will assure, under 
the blessing of Heaven, a continuance of the long- 
established respectability of the State. 

By referring to a statement of the Treasurer 
the last year, it will appear, that, for defraying the 
ordinary expenses of the government, little, if any, 
increase of taxes will be required. Whatever ex- 
traordinary expenditures may arise on account of 
contingent occurrences, or for the promotion of 
objects of public improvement and utility, they will 
render additional means necessary. 

Since the last session of the T^egislature, sundry 
applications have been made, under the resolution 
of the eighth of February last, relating to " Soldiers' 
claims," for the payment of balances as therein de- 
signated. From the amount that appears by the 
books in the Secretary's Office, to be due to sundry 
officers and soldiers of the late revolutionary army, 
it is to be apprehended that a considerable demand 
may be made upon the treasury on that account, 
the present year. 

At a time when the nation is at peace, and all 
the sources of revenue reserved to the State are 
unoccupied by the National Government, it is dif- 
ficult to conceive a reason why the finances of the 
Commonwealth should not be placed on a respecta- 
ble foundation ; more especially, as so desirable a 
condition of the Treasury might be accomplished 
without any additional tax on labor or agriculture. 
From the report of the Treasurer, already mention- 
ed, it is highly pleasing to find, that the treasury 



224 GOVERNOR'S SPEECH. 

department possesses the means of discharging the 
debts due from the Commonwealth, whenever the 
Legislature shall think fit to adopt that measure. 

In the course of the last year, it is extremely 
gratifying to me to be able to observe, nothing has 
occurred to disturb the tranquility of the Common- 
wealth, or to impair the social enjoyments of its 
citizens. The laws of the State, so far as my own 
observations have enabled me to judge, have been 
duly administered. And although several crimes, 
of great enormity, have been perpetrated, yet the 
year has been marked by a diminution in the num- 
ber of crimes. 

The State Prison in Charlestown, an institu- 
tion, on account of the success of which I have ever 
felt a degree of solicitude, increases, if I mistake 
not, in its reputation and usefulness. An establish- 
ment of such a nature must always, I presume, be 
attended with expense to the State. The one in 
question appears, from public documents, to be less 
so, in proportion to the number of convicts, than 
any other in the United States. Some additions, 
however, have been suggested to me, as being re- 
quisite as well for executing the sentences of our 
criminal tribunals, as for supporting the police and 
discipline of the prison. An institution necessarily 
expensive to the State, and at the same time so 
closely connected with the administration of justice, 
and the good order of society, has unceasing claims 
to the guardian care of the Legislature. But prior 
to any definitive measure being taken on this sub- 
ject, I would recommend to your consideration an 



GOVERNOR'S SPEECH. 225 

examination of the Prison by a Committee of the 
two Houses. Some further improvements may 
probably be suggested by such an investigation. 
The substitution of solitary imprisonment and con- 
finement to hard labor, instead of corporal punish- 
ment, is a device of modern times ; which, although 
generally adopted by the several States in the 
Union, may be considered rather as the commence- 
ment of a great and complicated experiment in 
jurisprudence and morals, than as the settled and 
exact result of facts and truths, already established. 
As there can exist no doubt, that the idea origina- 
ted in some of the best feelings of the human breast, 
and that it has been thus far sustained by the 
prevalence of similar sentiments, it seems due to 
humanity, as well as the laws, that we exert our- 
selves in our respective stations, to give the utmost 
effect to so benevolent a conception. 

But the welfare of the State, I am aware, is not 
wholly under your control. Its prosperity may be 
promoted or impaired, by causes extraneous to its 
local authorities and institutions. The right of 
regulating commerce is exclusively vested in the 
Government of the United States ; and the people 
of this State are deeply interested in the admin- 
istration of that great branch of political economy 
and national revenue. The interests of Massachu- 
setts are essentially agricultural and commercial. 
Domestic manufactures, upon which immense la- 
bor is bestowed, have grown up, and are interwo- 
ven with agriculture. The mechanic arts, which 
now give lucrative employment to a vast propor- 



226 GOVERNOR'S SPEECH. 

tion of the population of this State, have sprung 
spontaneously from the wants, and have thriven and 
multiplied in proportion to the increased numbers 
and wealth of the people. Agriculture, navigation, 
and commerce, maintain an intimate relation with 
the mechanic arts ; they mutually sustain and are 
supported by each other. Hitherto, conformably to 
the genius and maxims of free republican govern- 
ments, all the departments of industry have been 
equally protected by the laws. The destination of 
labor and capital has been controlled by the option 
of individuals ; and in this freedom of choice, our 
liberty greatly consists. We are characterized by 
no Asiatic casts, nor degraded into villainage by 
the tyranny of feudal laws ; but the citizens of our 
republic, having equal constitutional rights, are en- 
titled to equal protection in the pursuit of happiness. 
From the earliest period of the history of the 
people of this State, industry appears to have been 
a prominent trait of character, accompanied by a 
talent of judiciously applying its powers to the pur- 
poses of subsistence and accumulation. The prim- 
itive fathers of Massachusetts brought with them in 
their pilgrimage, a moderate capital, and a good 
knowledge of the arts of life. If the greater part 
of their number were engaged in bringing forward 
their agricultural settlements, others were no less 
assiduously employed in conciliating the good will 
of the savages, with a view to the fur trade, or ex- 
ploring the coast for the ulterior purposes of estab- 
lishing fisheries and commerce. Whilst the utmost 
scope was thus given to enterprize, they prosecuted 



GOVERNOR'S SPEECH. 227 

their most weighty concerns with consummate wis- 
dom and eminent success. And it is but paying a 
just tribute of respect to the memory of our revered 
progenitors, to acknowledge, tliat to their good sense 
in giving direction to industry and capital, to their 
pious and patriotic institutions, and to their correct 
and economical habits, we are indebted for many of 
our most substantial enjoyments. This ancient me- 
tropolis, so long greeted as the cradle of American 
liberty ; our University, that rich nursery of litera- 
ture and science, whose origin is inscribed on the 
first pages of Massachusetts' history ; many of the 
towns and villages which adorn our sea coast, are 
among the beloved monuments of the enterprize, 
the wisdom, and the patriotism of our venerated 
ancestors. 

The gifts of nature are distributed with an 
unsparing hand, by one common Parent, but in 
various forms and in different proportions, over 
every section of the earth. Products, which are 
denied to some, are bestowed on others, in great 
profusion. These objects which excite the keenest 
thirst of avarice every where, are imparted only to 
particular regions ; although every known portion 
of the globe is possessed of some peculiar product 
of more intrinsic value than the precious metals. 
In this diversity are to be found the elements of com- 
merce ; which, being modified and preserved by 
human ingenuity, become the objects of desire and 
exchange, and common sources of enjoyment to the 
whole human family. And I may add, that while 
the commercial intercourse of nations serves to mul- 



228 GOVERNOR'S SPEECH. 

tiply the means of subsistence, and the objects of 
taste and convenience, it tends to humanize the 
original savageness of our nature, and to make man 
the friend and the auxiliary of man. 

But reciprocity is the vital principle of com- 
merce. The idea is not for a moment to be sus- 
tained, that a nation should be able to avail itself 
of the products of others, without being able, in 
some form, to pay an equivalent. Nor is the doc- 
trine to be admitted, that a nation may be rich, and 
great, and prosperous, and happy, by immuring 
itself within its own boundaries, and consuming on 
its own necessities, the fruits of its labor. The 
whole history of human affairs is opposed to such 
an hypothesis. Gain is the only unfailing incite- 
ment to industry. Labor, graduated by the tame 
hope of competent subsistence, must, besides ex- 
posing the laborer to evils, arising from accidents 
and unpropitious seasons, become languid and 
spiritless ; and, being conducted with apathy, will 
probably terminate in suffering and ruin. The 
wealth of a nation is but the aggregate of the wealth 
of individuals, which is great, or otherwise, in 
the ratio of its exchangeable value. It requires 
no formal induction of reasoning to show, that as 
every state and nation is endowed with distinctive 
advantages, its prosperity must depend on the use 
made of those advantages, and in their being devel- 
oped by a judicious application of industry. In 
proportion as industry is thus applied, will be its 
power of accumulation ; and the amount of surplus, 
above consumption, goes to form the mercantile 



GOVERNOR'S SPEECH. 229 

capital of the State. It is not intended to be insinu- 
ated, that the exchangable products of a State arise 
exckisively from agricultural excess, nor that the 
commerce of nations consists in a specific exchange 
of their respective commodities. It is far otherwise. 
Capital may be generated by every possible mod- 
ification of labor ; and extensive international com- 
merce is known to exist, with little or no direct 
barter of local products. 

Hence the unspeakable importance of commerce 
to the people of Massachusetts. Denied a genial 
climate and a prolific soil^ many thousands of them 
are compelled to seek their sustenance from the 
ocean, and to become carriers of the wealth of oth- 
ers. Circumstances favorable for ship building, for 
navigation, for the fisheries of every description, and 
for the formation of seamen, having presented them- 
selves to their choice, have led to great intenseness 
of industry, which, by the involutions of commerce, 
has been converted into wealth. The official state- 
ments of the United States' Treasury Department, 
sufficiently establish the importance of the naviga- 
tion and commerce of Massachusetts, not only as 
branches of political economy, but as sources of 
public revenue. For a number of years past, we 
learn, by official documents, that one tliird part of 
the tonnage of the United States, has been owned 
by the citizens of this State ; and that the exports 
of foreign produce, the last year, exceeded, by a 
large amount, the exports of any other State in the 
Union. 

Whilst, then, the interests of navigation and com- 
30 



230 GOVERNOR'S SPEECH. 

merce must be peculiarly dear to the citizens of this 
State, as means of subsistence, they have strong 
claims to the patronage of the National Government, 
as sources of income. The circumstances of the 
United States, at all times, require no inconsidera- 
ble revenue ; and experience has shown, that reve- 
nue, derived from a judicious rate of imposts, of all 
others, is the most certain, and the most easily paid. 
Excessive restrictions on trade, lessen the amount 
of imposts, and induce a resort to direct taxes ; 
which the people will be the less able to pay, as the 
products of agricvdture shall be reduced in value 
by the diminution of commerce. A just govern- 
ment will be disposed to do equal justice to all its 
citizens, and to afford equal encouragement to ev- 
ery branch of useful labor. And the utmost im- 
pulse being thus given to industry, the general 
prosperity and happiness may be expected to ensue. 
A law of the United States was passed on the 
twelfth of May last, by which it was enacted, " that 
the system of discipline and field exercise, which 
is, or shall be ordered to be observed by the regular 
army of the United States, in the different corps of 
infantry, artillery and riflemen, shall be observed 
by the militia, in the exercises and discipline of 
the said corps, respectively, throughout the United 
States." As the provisions of this act are obliga- 
tory on the militia, it remains for the State Legis- 
lature to apply the means of carrying into effect, 
the designs of the National Government. A meas- 
ure that appears to be so well calculated to impart 
military information to the officers, to improve the 



GOVERNOR'S SPEECH. 231 

discipline of the militia generally, and to enable it 
to act in concert with the regular army, should war 
unfortunately occur, cannot fail to be acceptable to 
the officers, to animate the great body of the militia, 
and prove beneficial to the State and Nation. At 
almost every session, for several years past, attempts 
have been made, in Congress, to revise the national 
militia law. But, inasmuch as Congress, in acting 
on that subject, has altered the law in only one of 
its substantial features, it is to be presumed that the 
present plan of organization, of arming and equip- 
ping the militia, and of making returns, together 
with the regulations for the discipline and field ex- 
ercise, will long remain the distinguished character- 
istics of our militia system. And at a time when 
a new epoch in our history has conmienced, there 
seems to be a peculiar fitness in giving a vigorous 
impulse to the great military force of the State. 
Examples are powerful ; and precedents established 
at the introduction of a new order of things, will 
be productive of lasting effects. 

A good militia is one of the greatest safeguards 
of our freedom ; but without instruction and disci- 
pline, the militia is but a name. It is discipline, 
effected by the united influence of laws, founded on 
just principles, the patronage of the Legislature, 
and the agency of zealous and meritorious officers, 
that has raised the character of our militia to its 
present distinguished height ; and it is discipline 
only that can maintain it there. But a militia is 
not only of inestimable value as the means of na- 
tional defence, and of preserving our liberties, but 



232 GOVERNOR'S SPEECH. 

its organization and discipline exert a salutary in- 
fluence on manners and social order. 

The highest offices in the militia being open to 
the ambition of all, the youth of our country be- 
come emulous to excel in those literary and moral 
attainments, which secure distinction and command. 

The Secretary will lay before you, a commvmi- 
cation from the Executives of the States of New 
Jersey and Tennessee, accompanied by sundry res- 
olutions of the Legislatures of those States respect- 
ively, relating to an amendment of the Constitution 
of the United States, proposed by the State of 
Pennsylvania, to limit the power of Congress to 
erect or incorporate any bank, or other monied in- 
stitution, except within the District of Columbia. 

He will, at the same time, lay before you, a letter 
from the Honorable Prentiss Mellen, resigning his 
seat in the Senate of the United States. 

I have only to add assurances of the perfect 
readiness with which I shall unite my efforts with 
yours, to promote the public welfare. 

JOHN BROOKS. 



ANSWER OF THE SENATE. 



May it please your Excellency, 

THE choice of your Excellency to fill again 
the honorable and responsible office of First Mag- 
istrate of the Commonwealth, gives the assurance, 
that the fairest claim to the continued confidence 
of the people, is founded in a solicitude for the wel- 
fare of the public, and devotion to its service. 

The circumstances and condition of the Com- 
monwealth, are just subjects of congratulation. In 
the freedom and industry of its population, in the 
spirit, intelligence and enterprize of the people, in 
their moral and religious habits, in their civil, reli- 
gious and literary institutions, are found "the ele- 
ments of a great and powerful community ;" and 
we look back through the whole period of our his- 
tory, with sentiments of aiFection and veneration for 
our progenitors, who, amidst the rude difficulties of 
their situation, laid the foundations of those high 
and distinguished blessings, which, under God, we 
now enjoy : a sentiment to be encouraged and cher- 
ished ; for, in the respect of a people for its an- 
cestors, is seen the best proof of a regard for its 
posterity. 



234 ANSWER OF THE SENATE. 

The views presented by your Excellency as to the 
sources of the wealth and prosperity of the State, 
and of the means of securing them, are in perfect 
coincidence with those of the Senate. They ac- 
cord in the sentiment, that the great interests of 
agriculture, commerce and manufactures, are in- 
timately and essentially united, mutually assisting, 
maintaining, and even dependent on each other. 
They are fully impressed with the importance of 
placing the treasury upon the respectable founda- 
tion to which the resources of the State are fully 
adequate, without the imposition of taxes, either 
burdensome in amount, or partial or local (of course 
unjust) in their operation ; with the propriety of 
improving the system of discipline of the militia, 
upon the efficiency of which, our security so greatly 
depends ; with the necessity of encouraging and 
maintaining good morals, which lie at the founda- 
tion of personal safety and public freedom. These 
great pillars of our system, are to be supported and 
strengthened, for the law of our nature connects 
plenty with industry, safety with valor, and ordei; 
and peace with pvirity of morals. 

The formation of the District of Maine into a 
separate State, an event long prepared by public 
opinion, has been effected under circumstances aus- 
picious to the continuance of harmony between the 
States, and to a friendly union of exertions to secure 
and protect those great interests which are common 
to both. Contrary to the general apprehension 
entertained at the last session of the Legislature, 
the consent of the Congress of the United oy' tes 



ANSWER OF THE SENATE. 235 

lo this measure, was given within the period limited 
by the original law relating to this subject ; and the 
separation, of course, took effect on the fifteenth day 
of March last. As the Legislature w ere not after- 
wards in session, no opportunity existed of dividing 
the Commonwealth into districts for the choice of 
Senators, agreeably to the strict letter of the Con- 
stitution. Under these circumstances, the people 
in all parts of the State, have accommodated them- 
selv.es to the obvious necessity of the case, and have 
elected and returned thirty one Senators within those 
districts in Massachusetts Proper, which were es- 
tablished while Maine constituted a part of the 
Commonwealth. It will become the duty of the 
Legislature, at its next session, to provide for the 
future organization of the government, by dividing 
the Commonwealth into the number of districts, 
and distributing among them the number of Sen- 
ators, required by the Constitution. 

Upon all occasions, the Senate will cordially unite 
with your Excellency, in their exertions to promote 
the welfare of the State, and the happiness of it? 
people. 



ANSWER OF THE HOUSE. 



May it please your Bcccellency^ 

THE House of Representatives are duly sen- 
sible of the obligations resulting from the high trust 
reposed in them, and to the peculiar importance of 
some of the subjects upon which they are called to 
legislate at this session. The formation of the 
State of Maine, has severed from this Common- 
vt^ealth a great portion of its ancient territory, and 
a considerable number of its inhabitants ; but has 
still left to it physical and moral resources, which 
assure it a high and responsible place in the Union. 
Notwithstanding, however, our political separation, 
there exist strong bonds of connexion between us 
and the citizens of the new State, derived from the 
similarity of our institutions, habits and pursuits ; 
and we cannot but feel a lively solicitude for their 
respectability and happiness. In our commercial 
relations, and in every national concern, we must 
prosper, or suffer together. The question, what 
measures are to be adopted in consequence of this 
event, has engaged our earliest attention, and shall 
receive that dispassionate and patient deliberation, 
which its magnitude and delicacy demand. 



ANSWER OF THE HOUSE. 237 

It is very gratifying to us to learn the prosperous 
condition of the treasury ; and it shall be our con- 
stant aim to administer the government with the 
most rigid economy ; but without sacrificing to pe- 
cuniary and momentary considerations, the faith, 
the rights, or the permanent interests of the people. 

The State Prison, in Cliarlestown, shall be an 
e'arly object of our attention, and after proper in- 
vestigation, such measures, shall be adopted with 
reference to it, as may appear most likely to increase 
its usefulness. 

The charitable attempt to reclaim criminals, at 
the same time that we punish them, ought not lightly 
to be abandoned, nor hastily to be pronounced in- 
eflfectual ; for it never was imagined that this sys- 
tem would abolish all crimes ; and while those which 
are committed in spite of its establishment, are 
known and punished, it is impossible to conjecture, 
without long experience, how many it prevents. 

We are aware, with your Excellency, of the 
immense importance of giving free scope to the 
enterprize and industry of individuals, in every pur- 
suit. Laws affecting the occupations of men, should 
not be made with a view to increase the profits, 
either of merchants, manufacturers, or farmers, 
alone, at the expense of the public, since each class 
is only a part of the community ; but to promote 
the interests of consumers, for they are the whole ; 
every person, whatever may be his particular em- 
ployment, making use of some of the productions 
of all these classes. The only legitimate object of 
legislation, on this subject, beyond that of raising a 
31 



238 ANSWER OF THE HOUSE. 

revenue for the public service, is, to render the pro- 
ductions of every occupation viltimately cheaper 
and more abundant. Nothing can be more effect- 
ual for this purpose, than to facilitate the means of 
internal and external commerce, which cannot be 
successfully attempted on any other principle than 
reciprocity. For though some theorists have as- 
sumed it as self evident, that the exchange of exact 
equivalents in value cannot be profitable to either 
party, just reasoning, no less than experience, shews 
that it is in truth, profitable to both. The funda- 
mental principles of a republic, and sound policy 
in all governments, require them to leave industry 
unshackled, by giving equal protection to every 
pursuit, and permanent and exclusive privileges to 
none. A different course, particularly in a free, 
elective government, would be productive of a se- 
ries of evils, in which even the favored class would 
be finally involved, by the reaction that would 
quickly follow so uneqal and unsound a mode of 
legislation. It is undoubtedly true, that the welfare 
of the State is not within the control of its own 
councils. The exclusive power of regulating com- 
merce, in which we are deeply interested, we have 
given to the Legislature of the United States ; and 
in so doing, we were governed by the necessity of 
having an equal and uniform system for the whole 
nation, and of furnishing the most efficient and easy 
means of obtaining a revenue. Entertaining the 
strongest belief, that the interests of commerce were 
inseparably connected with those of agriculture, 
and with the general prosperity of the nation^ we 



ANSWER OF THE HOUSE. 239 

trusted, that we should always be secure against 
any injurious exercise of that important power. 
Fears have recently been created, lest the influence 
exerted by powerful combinations of individuals 
concerned in manufacturing establishments, might 
induce the National Legislature to impose large, 
or prohibitory duties, on the importation of various 
foreign products, for the plausible purpose of en- 
couraging American manufactures. But is it to 
be believed, that a wise Legislature will ever adopt 
a measure, whose tendency would be to diminish 
exports as well as imports, and thus depress com- 
merce and agriculture ; to force capital into new 
channels, to compel labor to abandon, or change 
its employments, and thus break in upon the habits 
and happiness of large portions of citizens ; to en- 
hance the price of manufactures, diminishing at 
the same time the means of purchase, and thus tax 
the consumer ; to lessen the revenue arising from 
duties on imported goods, and thus render a resort 
to internal taxation necessary ; in fine, to aid one 
comparatively small class of the community, at the 
expense of all the rest ? Such a course would do 
violence to the spirit, if not to the letter of our free 
constitution, and would be a dereliction of those 
sound principles of legislation, which our former 
experience had shown to be correct. It would be 
singular indeed, if in this enlightened country, and 
at this period of our history, we should fall into 
errors, that belong only to the dark ages of political 
economy, and which, partly by the light of our own 
example, seem now about to be exploded through- 



240 ANSWER OF THE HOUSE. 

out Europe. We also believe this artificial aid to 
the manufacturer, is as unnecessary as it would be 
unjust and unwise. It is demonstrated by the ex- 
ample of the largest and most important maufac- 
turing establishment in this vicinity, that when 
sustained by capital and skill, they are already 
among the most profitable pursuits in the country ; 
and we cannot forbear to state the fact, that the 
most intelligent and most largely interested indi- 
viduals concerned in them, do not wish this kind 
of encouragement. They are satisfied it would be 
temporary and fallacious, and are willing, like the 
farmer and merchant, to rely vipon their own en- 
terprize, industry and skill, under the equal protec- 
tion of the laws. They are sensible, that in this 
way only, they shall acquire a sound and healthy 
existence ; that, if forced by artificial means to an 
earlier maturity, they would be out of season, and 
would cost many times more, than if produced in 
a more natural method. 

We shall not be regardless of the duty of making 
such provisions as may be requisite for carrying 
into effect the laws of the United States, regulating 
the militia, and conducive to its discipline and effi- 
ciency. We value this institution most highly ; 
not only as the best means of defence, but as tend- 
ing to secure the political integrity of the people, 
by rendering them more conscious of their power, 
and thus impressing on them a deeper sense of their 
responsibility. 

We beg leave to express to your Excellency, our 
perfect confidence in your professions of devotion 



ANSWER OF THE HOUSE. 241 

to the public service, and to assure you, on our part, 
that the various subjects recommended by you, shall 
be duly considered, and that every measure adopted 
in relation to them, shall be chosen with a single 
eye to the rights and prosperity of oiu' constituents. 



242 NOTARIES PUBLIC. June 6, 1820. 



CHAP. I. 

Resolve for appointing additional J^otaries Public, in the 

Counties of Berkshire, Bristol, and Suffolk. 

June 6th, 1820. 

Resolved, That an additional Notary Public be appoint- 
ed within the County of Berkshire, to reside in the Town 
of Sheffield ; and that two additional Notaries Public be 
appointed within the County of Bristol, one to reside in the 
Town of Dartmouth, and the other to reside in the Town 
of Fairhaven ; and also one additional Notary Public within 
the County of Suifolk, to reside in the Town of Boston. 



CHAP. II. 

llesolve for paying the Members of the Legislature. 
June 7th, 1820. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to each Member of the Council, Senate, 
and House of Representatives, two dollars for each and 
every day's attendance, the present political year ; and the 
like sum of two dollars for every ten miles travel, from their 
respective places of abode, to the place of the sitting of the 
Legislature, at every session thereof, ^nd be it further re- 
solved, that there be paid to the President of the Senate, 
and Speaker of the House of Representatives, each, two 
dollars per day, for each and every day's attendance, in ad- 
dition to their pay as members. 



BOWDOIN COLLEGE. June 12, 1820. 243 



CHAP. ni. 

Mesolve referring the Account from the Town of Hinsdale, 
to the Committee on Accounts. June 12th, 1820. 

On the petition of Thomas Allen, in behalf of the inhabit- 
ants of the Town of Hinsdale, in the County of Berkshire ; 

Resolved, For the reasons therein set forth, that the Com- 
mittee of both Houses on Accounts, appointed at this session, 
be, and they hereby are directed and empowered, to pass 
upon, and consider the account of said town against the 
Commonwealth, for expenses incurred in relieving and sup- 
porting one Lucinda Melona, a pauper, and for her funeral 
charges, any provision in any statute of limitation, notwith- 
standing. 



CHAP. IV. \ 

Resolve on the petition of the Trustees and Overseers of 
Bowdoin College. June 12th, 1820. 

Whereas by an act of this Commonwealth, entitled <^an^ 
act relating to the separation of the District of Maine from 
Massachusetts Proper, and forming the same into a Separate 
and Independent State," it is provided among other things, 
in the terms and conditions set forth in the first section of 
said act, that the President and Trustees, and Overseers of 
Bowdoin College, shall have, hold and enjoy their powers 
and privileges in all respects, so that the same shall not be 
subject to be altered, limited, annulled or restrained, except 
by judicial process, according to the principles of law : 
And whereas the Trustees and Overseers of said College, 
have applied to the Legislature of this Commonwealth, for 
its consent to such a modification of the provision above 
referred to, relating to said College, as would enable the 
Legislature of the State of Maine to make donations, grants 
and endowments to said College, which it is apprehended 
by said Trustees and Overseers, cannot now be made, con- 



244 HOPKINS' ACADEMY. June 12, 1820. 

sistent with a certain provision or restriction, contained in 
the Constitution of the State of Maine ; Therefore, 

Resolved, That the consent and agreement of the Legis- 
lature of this Commonwealth be, and the same is hereby 
given to any alteration or modification of the aforementioned 
clause or provision in said act, relating to Bowdoin College, 
not affecting the rights or interest of this Commonwealth, 
which the President, and Trustees, and Overseers of said 
College, or others having the authority to act for said Cor- 
poration, may make therein, with the consent and agreement 
of the Legislature of said State of Maine ; and such altera- 
tions or modification, made as aforesaid, are hereby ratified 
on the part of this Commonwealth. 



CHAP. V. 

Resolve on the ^letition of the Trustees of Hophins' 
Academy. June 12th, 1820. 

Whereas it appears that sundry donations and grants of 
money and lands, have already been made by the Town of 
Hadley, and by several individuals, constituting a permanent 
fund of more than three thousand dollars, in addition to 
their buildings, for the use and benefit of Hopkins' Academy : 

Resolved, That there be, and hereby is granted to the 
Trustees of Hopkins' Academy, their successors in said 
office, or assigns, for the sole use and benefit of said Acad- 
emy, one half township of six miles square, from any of the 
unappropriated lands in the State of Maine, which, on the 
division of said lands, shall fall to the share of this Com- 
monwealth : and to be subject to all the reservations usual 
in grants of this kind ; the same half township to be vested 
in said Trustees, their successors in said office, and assigns, 
forever, for the sole use and benefit of said Academy, re- 
serving four hundred acres, one half for the use of schools, 
and the other half for the use of the ministry therein ; the 
said half township to be laid out under the direction of the 
Commissioners for the Sale and Settlement of Eastern 
Lands, at the expense of said Trustees : Provided, the said 



PRESIDENTIAL ELECTOUS. June 14, 1820. 245 

Trustees, within five years from and after the laying out 
and location of said half township, cause ten families to be 
settled thereon ; aud j^rovided, also, that said Trustees give ^ 
bond to the Treasurer of the Commonwealth, faithfully to 
apply the proceeds and avails of said half toAvnship, to the 
sole use and benefit of said Academy. 

Jind he it further resolved, That the said half township of 
land, shall be located agreeably to the foregoing provision, 
>vithin ten years from the first day of January next, other- 
wise this grant shall be void. 

: . ^ — -.,- 



CHAP. VI. 

Resolve regulating the choice of Electors of President and 

Vice President of the United States. 

June 15th, 1820. 

Resolved by the Senate and House of Representatives, in 
General Court assembled, That the choice of Electors of 
President and Vice President of the United States, shall 
be made in the following manner, viz : Each of the present 
districts for the choice of Representatives to Congress, shall 
form one district, for the choice of one Elector, and the two 
remaining Electors shall be chosen by the people at large ; 
for which purpose, the several towns, districts and places, 
shall assemble in town meetings, to be notified in the usual 
manner, and five days at least, previous to the first Monday 
of November next, on which day the said meetings shall be 
held ; and each person qualified to vote for Representatives 
to the General Court, shall have a right to vote in the choice 
of Electors, the persons so voted for, not being a Senator or 
Representative in Congress, or holding any office of trust or 
profit under the United States ; and the people shall vote 
by ballot, on which shall be designated who is voted for 
as Elector for the district, and who are voted for as Electors 
at large. And the Selectmen shall preside at sucli meet- 
ings, and receive, sort, count, and declare, and the Town 
Clerks respectively, shall record the votes given in ; and 
exact returns thereof, designating as aforesaid, those voted 
33 



246 PKESIDENTIAL ELECTORS. June 14, 1820. 

for as Elector for the district, and those voted for as Electors 
at large, shall be made under the hands of a majority of the 
Selectmen, and of the Town Clerk, who shall seal up and 
deliver the same to the Sheriff of the county, within one 
week from the time of the election, to be by him transmitted 
to the office of the Secretary of the Commonwealth, on or 
before the tw entieth day of November next ; or the Town 
Clerk or Selectmen shall themselves transmit the same to said 
office, on or before said tAventieth day of November next ; and 
all votes not so returned, shall be rejected in the counting ; 
and the Governor and Council shall open and examine the 
returns aforesaid, and count the votes. And His Excellency 
the Governor is hereby requested to transmit to each person 
appearing to be elected, by a majority of votes, a certificate 
of his election, on or before the thirtieth day of November 
next. 

Be it further resolved, That the Electors so chosen, shall 
meet at the State House, in Boston, on the first Tuesday of 
December next, at four o'clock in the afternoon ; and in case 
of the death or absence of any Elector, or in case the whole 
number of Electors to which the Commonwealth is entitled, 
shall, from any cause, be deficient, the deficiencies shall 
forthwith be supplied from the people, by a majority of the 
votes of the Electors present ; and the Electors thereafter, 
on the first Wednesday in December next, shall vote by 
ballot, for one person for President, and one for Vice Presi- 
dent of the United States ; and that, for their travel and 
attendance, they shall receive the same compensation as 
Members of the Legislature are entitled to. And all laws 
now in force, regulating the duty and conduct of Sheriffs, 
Magistrates, and Voters in the election of Governor, Lieu- 
tenant Governor, Counsellors, Senators and Representatives, 
shall, as far as applicable, apply and be in force, as to the 
meetings to be holden, and elections and returns made, or 
to be made, under this resolve, and under the like forfeitures 
and pc^naltics. 



INDIANS.— ISRAEL MORGAN. June 15, 1820. 247 



CHAP. VII. 

Resolve granting S300 for building a Meeting House, S^c. 
for the Chappaquiddick Indians. June 15th, 1820. 

Resolved, That fof reasons stated by a Committee of the 
Indian inhabitants of Chappaquiddick, in the Town of Ed- 
garton, in their petition, that there be granted and paid out 
of the Treasury of this Commonwealth, three hundred dol- 
lars, for the purpose of building a house of public worship, 
and a school house, on the Island of Chappaquiddick, for 
the use of said natives ; and that the Governor, with the 
advice and consent of tlie Council, draw his w arrant on the 
Treasury for that sum, to be paid to the Guardians of the 
natives on Chappaquiddick, they to account to the Governor 
and Council for the expenditure of the same. 



CHAP. VIII. 

Resolve directing the payment of Israel Morgan'' s Pension 

to the Overseers of the Poor of Beverly. 

June 15th, 1820. 

Resolved, Tliat there be paid out of the Treasury of this 
Commonwealth, to the Overseers of the Poor of the Town 
of Beverly, fifty dollars, in full for a pension, which Israel 
Morgan, of said Beverly, an insane person, is entitled to 
receive from this Commonwealth, for one year, ending the 
nineteenth day of June, in the year of our Lord one thou- 
sand eight hundred and twenty, to be by them applied to- 
wards the support of said Morgan. 

Resolved, That said pension to said Morgan, be annually 
paid out of the Treasury of this Commonwealth, to the 
Overseers of the Poor of said Beverly, so long as said 
Morgan shall continue insane, and remain under their care, 
to be by them applied towards his support. 



248 J. STANWOOD.— C. HERBERT. June 16, 1820. 



CHAP. IX. 

Resolve on the 'petition of Joseph Stanwood and others^ 
Agents for the Town of Parsons, authorizing the Court 
of Sessions to amend the assessment of the County Tax. 
June 15th, 1820. 

Resolved, For reasons set forth in said petition, that the 
Court of Sessions for the County of Essex, be, and they are 
hereby authorized and directed to amend the assessment of 
the County Tax for the present year, so far as to apportion 
the sum assessed on the Towns of Newbury and Parsons, 
in the proportion of two thirds to Newbury, and one third 
to Parsons. 



CHAP. X. 

Resolve granting 18351 21 ^o Charlotte Herbert, for the 

services of the late George Herbert, Esquire. 

June 16th, 1820. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to Charlotte Herbert, widow of the late 
Greorge Herbert, Esquire, the sum of three hundred and 
fifty one dollars and twenty one cents, being the balance of 
his account rendered June the eighth, eighteen hundred and 
eighteen, the said sum being a final payment and full settle- 
ment of all claims whatever, for services rendered by the 
said George Herbert to the Commonwealth, before or subse- 
quent to the date above mentioned ; and His Excellency the 
Governor, with the advice and consent of the Council, is 
hereby authorized to draw his warrant on the Treasury for 
the amount. 



A. DILLINGHAM.— S. PRISON. June 16^ 1820. 249 

CHAP. XL ^ 

Resolve granting S 100 /or the Support and Education of 
Abby Dillingham, at the Asylum for Deaf and Dumb, in 
Hartford. June 16th, 1820. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Superintendent of 
the Asylum of the Deaf and Dumb, at Hartford, the sum of 
one hundred dollars, to be appropriated to the support and 
education of Abby Dillingham, in the Asylum aforesaid. 



CHAP. XII. 

Resolve authorizing the Merrimac Boating Company to 
call a Meeting. June 16th, 1820. 

Resolved, F or the reasons set forth in said petition, that 
the said Corporation may call a meeting, at any time within 
the month of July and August, in the present year, and 
transact, at such meeting, all such business as might have 
been transacted at the time fixed for the annual meeting of 
said Corporation, or the proprietors thereof. 



CHAP. XIIL 

Resolve granting Sl600,/or the use of the State Prison. 
June 16th, 1820. 

On the representation of Gamaliel Bradford, Esquire, 
Warden of the State Prison, 

Resolved, That there be paid out of the Public Treasury, 
sixteen hundred dollars, to the Warden of the State Prison, 
for the use of said Prison ; and His Excellency the Gov 



250 BLANK RETURNS. June 17, 1820. 

ernor, with advice of Council, is hereby requested to draw 
his warrant on the Treasurer accordingly. 



CHAP. XIV. 

Resolve authorizing the Treasurer to borrow Money. 
June leth, 1820. 

Resolved, That the Treasurer of this Commonwealth be, 
and he hereby is authorized and directed to borrow, of any 
of the banks in Boston, any sum, not exceeding seventy -five 
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 pay any sum he may 
borrow, as soon as money sufficient for the purpose, and not 
otherwise appropriated, shall be received into the Treasury. 



CHAP. XV. 

Resolve directing the Secretary to jpy^epare and transmit 

Blank Forms of Returns to the several Towns. 

June 17th, 1820. 

Resolved f That the Secretary of the Commonwealth, be, 
and he is hereby directed to prepare and transmit a compe- 
tent number of printed blank forms of returns, to be made 
conformably to an act passed at this session, relating to the 
calling a Convention of Delegates of the people, for the 
purpose of revising the Constitution of the Commonwealth, 
for the use of the officers of all the towns, districts and 
places, from which returns may be required under said act ; 
which returns may be made according to the forms hereto 
annexed. 



BLANK llETURNB. Jime 17, 1820. 251 



AT a Legal Meeting of the Inhabitants of the Town of 
in the County of and Commonwealth of Mas- 

sachusetts, qualified by the Constitution to vote for Senators 
or Representatives, holden on the twenty first day of Au- 
gust, being the third Monday of said month, in the year of 
our Lord one thousand eight hundred and twenty, pur- 
suant to a law of this Common wealtli, for the purpose of 
giving in their votes, by ballot, on the following question : 

Is it expedient that Delegates should be chosen, to meet 
in Convention, for the purpose of revising or altering the 
Constitution of Grovernment of this Commonwealth ? 

The whole number of votes were, in open town meeting, 
received, sorted, counted, and declared, and record thereof 
made as follows : 

For the said measure, there were votes. And 

against the said measure, there were votes. 

> Selectmen, 



ATTEST. 



Town Clerk. 



Note.... Insert the number of votes in words, at lengthj and not in 
figures. 



CoTamion-wealtU ol M.assac\«isfeUs. 



PURSUANT to a law of this Commonwealth, the in- 
habitants of the Town of in the County of 
qualified according to the Constitution to vote for Represent- 
atives in the General Court, having been duly convened in 
town meeting, on the sixteenth day of October, being the 



252 COMMITTEE ON ACCOUNTS. June 17, 1820. 

third Monday of said month, in tlie year of onr Lord one 
thousand eight hundred and twenty, to elect Delegates 

to meet Delegates from other towns in Convention, at Bos- 
ton, on the third Monday of November next, for the purpose 
of revising the Constitution of Grovernment of this Common- 
wealth, did then and there elect to be their Delegate 
for the purposes aforesaid. 

i Selectmen. 

ATTEST. 

Town Clerk. 



CHAP. XVI. 

Resolve to pay Committee on Accounts. June 17th, 1820. 

Resolved, That there be allowed and paid to the Com- 
mittee on Accounts, one dollar per day, over and above 
their pay as members, for the present session, to wit : Hon- 
orable Stephen P. Grardner, Robert Rantoul, Elihu Hoyt, 
Jonas Sibley, and Hugo Burghart, Esquire, for twelve days 
each. 



CHAP. XVII. 

Resolve in favor of Edward Kellogg. June 17th, 1820. 

Resolved, That there be allowed and paid to Edward 
Kellogg, of Westfield, in the County of Hampden, a soldier 
in Captain Charles Lee's company of artillery, one hundred 
dollars, in full for all losses and expenses occasioned him, 
by a wound which he received in October last, while on 
military duty ; and tiiat His Excellency the Governor, with 
the advice of the Council, be requested to draw his warrant 
on the Treasurer accordingly* 



LAWS, RESOLVES, &c. June 17, 1820. 253 



CHAP. XVIII. 

Resolve directing the number of volumes of the Term 
Reports, and copies of the Laws and Resolves of this 
Commonwealth, which shall he iwocured in future. June 
17th, 1820. 

On the representation of the Secretary of the Common- 
wealth, of the ninth of June current, respecting the number 
of copies of the Term Reports, to be purchased in future, 
for the use of the Commonwealth, and of copies of the Laws 
and Resolves passed at the present and future sessions of 
the Legislature, to be printed at the expense of the State ; 

Resolved, That the Secretary of the Commonwealth be, 
and he hereby is directed to purchase, for the use of the 
Commonwealth, to be distributed according to existing re- 
solves of the Legislature, three hundred and fifty copies of 
the Reports of Cases determined in the Supreme Judicial 
Court of this Commonwealth, provided they can be had at 
the rate heretofore given for them ; and also to have printed, 
for the use of the Commonwealth, seven hundred and fifty 
copies of the Laws and Resolves passed at the present and 
future sessions of the Greneral Court, instead of twelve hun- 
dred and fifty copies, the number heretofore printed at the 
expense of the Commonwealth. 



CHAP. XIX. 

Resolve appropriating 81000, for Fuel, ^c. 
June 17th, 1820. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to Jacob Kuhn, Messenger of the Greneral 
Court, the sum of one thousand dollars, to enable him to 
purchase fuel, and such other articles as may be necessary 
for. the use of the General Court, together with the Governor 
^nd Council Chamber, the Secretary's, Treasurer's, Adju- 
33 



254 GUNPOWDER. June 17, 1820. 

tant General's, and Quarter Master General's Offices, and 
also for the Land Office ; he to be accountable for the ex* 
penditure of the same. 



CHAP. XX. 

Resolve limiting the quantity of public Gunpowder to be 

kept at any place in the Town of Boston. 

June 17th, 1820. 

Resolved, That neither the Quarter Master General, nor 
any other person acting in the department of Commissary 
or Quarter Master General of this Commonwealth, be al- 
lowed to have, keep or possess, at any one time, at the State's 
Arsenal, in the Town of Boston, or any other place within 
the said town, a greater quantity of Gunpowder than two 
hundred pounds. 



CHAP. XXI. 

Resolve establishing the pay of Jacob Kuhn, Messenger of 
the General Court. June 17th, 1820. 

Resolved, That there be allowed and paid out of the 
public Treasury, to Jacob Kuhn, in full for his services, as 
Messenger to the General Court, and for his care of the 
State House, and all other services rendered by him, includ- 
ing those mentioned in a resolve passed October nineteenth, 
eighteen hundred and fourteen, for the year commencing the 
thirtieth day of May last, one thousand dollars, payable 
quarterly yearly ; and His Excellency the Governor, with 
advice of Council, is requested to draw his warrant accord- 
ingly. 



LAND OFFICE. June 17, 1820. 255 



CHAP. xxn. 

Resolve to pay the Clerks of the General Court. 
June 17th, 1820. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to the Clerk of the Senate, and the Clerk 
of the House of Representatives, respectively, seven dollars 
per day ; and to the Assistant Clerk of the Senate, and As- 
sistant Clerk of the House of Representatives, each, the 
sum of five dollars, for each and every day they have, or 
may be employed in that capacity, during the present session 
of the Legislature ; and the Governor is requested to draw 
his warrant accordingly. 



CHAP. XXIII. 

Resolve in favor of Ward Lock, Assistant Messenger to the 
Council June 17th, 1820. 

Resolved, That there be allowed and paid from the 
Treasury of this Commonwealth, to Ward Lock, Assistant 
to the Messenger of the Governor and Council, two dollars 
for each and every day he has been, or may be employed 
in that capacity, during the present session of the Council. 



CHAP. XXIV. 

Resolve relative to the Land OJice. June 17th, 1820. 

Resolved, That the Honorable Messrs. Brooks and Wells, 
of the Senate, Messrs. Button and Sturgis, of Boston, and 
Mr. Leland, of Roxbury, of the House, be a Committee 
to examine and adjust the accounts of the Commissioners of 
the Land Office, from the time of their first executing the 



256 LANB OFFICE— T. WALCUTT. June 17, 1820. 

duties of that office, to the twentieth of this month, being 
the period of the expiration of their office, and that they 
report their doings at the next session of this Legislature. 

And he it further resolved, That Greorge W. Coffin be, 
and hereby is appointed, until the further order of the Legis- 
lature, an Agent, to take charge of the records, plans, papers 
and documents, of every description, appertaining to the 
lands in the State of Maine, formerly belonging to this 
Commonwealth, and to furnish such authenticated copies 
thereof, make such conveyances of land, and do and per- 
form such acts and duties respecting said lands, as the Com- 
monw ealth are liolden to perform, by any law or fesolve, or 
the terms of any deeds, or grants heretofore made, or by 
any contract or undertaking of the Commissioners of the 
Land Office, or any former Agent of the Commonwealth on 
the subject of Eastern Lands, not incompatible with the act 
passed the nineteenth of June, eighteen hundred and nine- 
teen, relating to the separation of the District of Maine, &c. 
and to take such measures as he shall judge proper, for the 
collection of the demands due the Commonwealth, for grass 
and timber, sold or permitted to be cut under the authority 
of said Commissioners ; and pay over such sums as he may 
receive, to the Treasurer of the Commonwealth ; and also 
to take such measures as may be expedient, to preserve the 
timber on the public lands in Maine, now belonging to this 
Commonwealth ; and all the duties appertaining to this ap- 
pointment, said Agent shall perform without charge for 
Clerkship. 



CHAP. XXV. 

Resolve for jpaying Thomas Walcutt, a Clerk in the Lobbies. 
June ITth, 1820. 

Resolved, That there be allowed and paid to Thomas 
Walcutt, a Clerk in the Lobbies, for the assistance of the 
Members of the Legislature, thirty-two dollars, in full for 
his services during the present session of the Legislature. 



PAY OF CLERKS. June 17, 1820. 257 



CHAP. XXVI. 

Resolve fixing the Pay of Clerks in the Secretary's, Trea- 
surer's, Adjutant General's, and Qiiarter Master Gen- 
eral's Offices. June 17tli, 1820. 

Resolved, That there be paid out of the Treasury of this 
Cdmmouwealth, to the first Clerk in the Secretary's office, 
also to the first Clerk in the Treasurer's office, also to the 
first Clerk in the Adjutant General's office, twelve hundred 
dollars each, in full compensation for their services for one 
year, from the first day of this current month of June ; and 
likewise to each of the other Clerks in said Secretary's, 
Treasurer's, and Adjutant General's offices, and also to the 
Clerk in the Quarter Master General's office, three dollars 
per day, for each and every day they are respectively em- 
ployed therein, for one year from the said first of June 
current. 



CHAP. XXVII. 

Resolve making an Appropriation for the Quarter Master 
General's Department. June 17th, 1820. 

The Committee of both Houses to whom was referred the 
Quarter Master General's communication, relating to an ap- 
propriation to meet the expenditures of his department, for 
the year one thousand eight hundred and twenty, have had 
the same under consideration, and ask leave to report the fol- 
lowing resolve, which is respectfully submitted. 

JAMES HOWLAND, 2d, Per Order. 

Resolved, That the sum of four thousand five hundred 
dollars, be paid to the Quarter Master General, from the 
Treasury of this Commonwealth, to meet the expenses of 
his department the ensuing year; for the application of 



258 Q. M. Gr. DEPARTMENT. June 17, 1820. 

whicli the said Quarter Master Greneral is to be accountable. 
And His Excellency the Governor is requested to issue his 
warrants on the Treasury for the amount, in such sums, and 
at such periods, as His Excellency, with the advice of 
Council, may deem expedient for the public service. 



ROLL, No. 83 JUNE, 1820. 



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

That there is now due to the Corporations and 
persons hereafter mentioned, the sums set to their 
names respectively ; which, when allowed and paid, 
will he in full discharge of the said accounts, to 
the dates therein mentioned ; which is respectfully 
submitted. 

STEPHEN P. GARDNER, Per Order. 



PAUPER ACCOUNTS. 

Abiiigton, for supporting Thomas Seymore, to 

June 10th, 1820, 30 14 

Adams, for sundry accounts, State Paupers, to 

May 25th, 1820, 151 29 

Amherst, for the support of Robert, Jane and 

Polly Richardson, to May 25th, 1820, 55 62 

Alfred, for the support of paupers, to March 

15th, 1820, 57 46 

Bristol, for the support of Samuel and Nancy 

Hill, to March 15th, 1820, 27 00 

Brighton, for the support of John J. Baker, to 

June 1st, 1820, 65 00 



260 PAUPER ACCOUNTS. 

Bellingham, for supporting Nathan Freeman, to 

May 22d, 1820, 126 05 

Belchertown, for supporting sundry paupers, to 

June 2d, 1820, 115 90 

Boxford, for the support of Mehitable Hall, to 

June 3d, 1820, 59 50 

Bradford, for supporting Joshua L. Alsers, to 

June 1st, 1820, 24 96 

Beverly, for supporting sundry paupers, to June 

1st, 1820, 125 25 

Boxborough, for the support of John M'Coy, to 

April 23d, 1820, 72 20 

Boston, for the support of paupers, clothing, 25th 

February, and funeral expenses, to June 2d, 

1820, 7313 32 

Camden, for the support of sundry paupers, to 

March 15th, 1820, , 20 67 

Chester, for the support of sundry paupers, to 

May 27th, 1820, 99 97 

Colrain, for the support of sundry paupers, to 

May 24th, 1820, 65 32 

Conway, for the support of Hannah M'Neal, to 

May 23d, 1820, 59 50 

Concord, for the support of sundry paupers, to 

June 1st, 1820, 208 18 

Carver, for the support of Martin Grady, to June 

1st, 1820, 84 00 

Cheshire, for the support of sundry paupers, to 

May 23d, 1820, 101 99 

Carlisle, for the support of Robert Barber, to 

May 29th, 1820, 70 58 

Charlestown, for the support of sundry paupers, 

to June 10th, 1820, 1579 05 

Cape Elizabeth, for the support of sundry pau- 
pers, to March 15th, 1820, 41 56 
Danvers, for the support of sundry paupers, to 

June 6th, 1820, 766 48 



PAUPER ACCOUNTS. 261 

Douglas, for the support of Isabella Saiitee and 

three children, to May 24th, 1820, 50 00 

Dedham, for the support of Robert Ridgley and 

Alanson Whitman, to June 10th, 1820, 6 25 

Dartmouth, for sundry paupers' support, to May 

20th, 1820, 59 70 

Edgarton, for the support of sundry paupers, to 

May 20th, 1820, 114 63 

Enfield, for the support of Deborah Butterworth, 

to May 25th, 1820, • 50 66 

Gorham, for the support of sundry paupers, to 

March 15th, 1820, 45 73 

Granville, for the support of several paupers, to 

June 1st, 1820, 116 60 

Greenwich, for the support of Lot Lee, to May 

25th, 1820, 17 80 

Great Barrington, for the support of sundry pau- 
pers, to May 31st, 1820, 90 89 
Gloucester, for supporting sundry paupers, to May 

10th, 1820, 562 06 

Hardwick, for the support of Cato Santee and 

Hannah Morgan, to June 11th, 1820, 60 20 

Hancock, for supporting sundry paupers, to June 

7th, 1820, 85 56 

Hinsdale, for supporting Lucinda Melona, till she 

died, and funeral expense, 26 87 

Hamilton, for the support of Alice Cook, to April 

6th, 1820, 56 14 

Hubbardston, for the support of Abner Hybra, to 

May 27, 1820, 28 77 

Jay, for support of Elizabeth Bell, to March 15th, 

1820, 8 00 

Ipswich, for the support of sundry paupers, to 

June 15th, 1820, 60 40 

Hallowell, for the support of sundry paupers, to 

March 15th, 1820, 328 75 

34 



36^ PAUPER ACCOUNTS. 

Hadley, for the support of Friday Allen, to May 

25th, 1820, 39 00 

Portland, for the support of sundry paupers, to 

March 15th, 1820, 331 85 

Lee, for supporting sundry paupers, to May 7 th, 

1820, 225 61 

Lenox, for the support of sundry paupers, to May 

24th, 1820, 121 16 

Limerick, for the support of Mary Record, to 

March 15th, 1820, 9 29 

Lanesborough, for supporting sundry paupers, to 

May 27th, 1820, 105 00 

Longmeadow, for supporting several paupers, to 

May 24th, 1820, 69 92 

Lynn, for supporting sundry paupers, to May 

30th, 1820, 216 36 

Leyden, for supporting several paupers, to May 

26th, 1820, 72 77 

Lunenburg, for the support of Molly Farr, until 

her death, 82 00 

Marblehead, for supporting sundry paupers, to 

June 10th, 1820, 282 63 

Monmouth, for supporting Peggy Magner, to 

March 15th, 1820, 35 61 

Mercer, for supporting sundry paupers, to March 

15th, 1820, 99 91 

Montague, for supporting Edward Potter and 

wife, to May 23d, 1820, 52 00 

Milton, for supporting Archibald McDonald, to 

June 7th, 1820, 21 50 

Montgomery, for the support of Charles Collins, 

to June 1st, 1820, 23 64 

Marshfield, for the support of Samuel Homes, to 

20th May, 1820, 18 28 

Medford, for supporting Peter Boucher, and re- 
moving John Edmunds to New Hampshire, to 

May 3d, 1820, 42 29 



PAUPER ACCOUNTS. 263 

Manchester, for the support of Abraham Grloss, to 

May 20th, 1820, 39 00 

New Salem, for support of Philip Haven, to April 

2d, 1820, 56 00 

Newbury, for the support of sundry paupers, to 

June 1st, 1820, 563 78 

Newburyport, for the support of sundry paupers, 

to June 1st, 1820, 1025 32 

Northfield, for the support of Amos Riley, to May 

27th, 1820, ' 24 53 

New Bedford, for the support of sundry paupers, 

to April 1st, 1820, 488 17 

North Brookfield, for the support of Joseph Peter- 
son and others, to June 5 th, 1820, 27 92 
Northampton, for supporting sundry paupers, to 

June 3d, 1820, 206 52 

Norwich, for the support of Ruth Sanford, to May 

25th, 1820, 21 00 

Oxford, for the funerai expenses of James Max- 
well, in the montli of February last, 5 00 
Orleans, for the support of Walter P. Swain, to 

May 20th, 1820, 26 42 

Phipsburg, for the support of Jacob Wheeler, to 

March 15th, 1820, 8 00 

Pelham, for the support of sundry paupers, to May 

15th, 1820, 78 80 

Pittsfield, for the support of sundry paupers, to 

June 1st, 1820, 266 45 

Pepperell, for the support of R. B. Minchin and 

D. Smith, to May 21st, 1820, 91 00 

Pembroke, for the support of Elizabeth Jack, to 

May 20th, 1820, 17 28 

Plymouth, for the support of sundry paupers, to 

June 5th, 1820, 126 00 

Russell, for supporting sundry paupers, to May 

23d, 1820, 107 21 



264 PAUPER ACCOUNTS. 

Rehoboth, for the support of sundry paupers, to 

June 2d, 1820, 204 86 

Roxbury, for the support of sundry paupers, to 

June 3d, 1820, 297 65 

Robinson, William, Guardian to tlie Dudley In- 
dians, for their support, to June, 1820, 196 83 
Richmond, forithe support of sundry paupers, to 

May 26th, 1820, 230 96 

Rochester, for the support of Owen Kelly, to May 

29th, 1820, 19 42 

Rowe, for the support of Betsey Carpenter, to May 

15th, 1820, ^ ' 26 00 

Rowley, for the support of EUe Collins, to May 

27th, 1820, 27 52 

Sunderland, for the supjjort of William Russell, 

to June 1st, 1820, 32 35 

Southwick, for the support of George Reed, to 

June 1st, 1820, 65 80 

Salem, for the support of a great number of pan- 

pers, to June 2d, 1820, 3153 78 

Spencer, for the support of sundry paupers, to 

June 6th, 1820, 193 00 

Seekonk, for the support of Tilly Peck, to Jime 

1st, 1820, 17 48 

Swanzey, for the support of James Garnet and 

Mather Disnips, to May 20th, 1820, 39 34 

South Brimfield, for the support of sundry paupers, 

say Jonathan Hill, 15 20 

Shelburn, for supporting Mary and Olive Bates, 

to May 29th, 1820, 58 38 

Sandisfield, for the support of Richard Duck son 

and family, to May 24th, 1820, 49 02 

Shutesbury, for the support of sundry paupers, to 

May 25th, 1820, 175 00 

Sharon, for the support of sundry paupers, to June 

3d, 1820, 77 00 



PAUPER ACCOUNTS. 265 

Sandwicli, for the support of Esther and Raymond 

Mason, to May 29th, 1820, 40 00 

Sheffield, for the support of William Brown and 

others, to June, 1820, 48 00 

Saugus, for support of sundry paupers, to May 

27th, 1820, 41 25 

Starks, for the support of sundry paupers, to No- 
vember 20th, 1819, and March l5th, 1820, 107 67 
Stockbridge, for the support of sundry paupers, to 

June 1st, 1820, 301 82 

Tyringham, for the support of Thomas Peters and 

family, to January 4th, 1820, 63 25 

Taunton, for the support of sundry paupers, to 

May 31st, 1820, 262 95 

West Stockbridge, for support of Ransom H. 

Briggs, to May 14th, 1820, 58 71 

Westford, for the support of James Peirce, to June 

1st, 1820, 20 83 

Westfield, for the support of sundry State Paupers, 

to June 10th, 1820, 145 48 

Washington, for the support of several paupers, to 

May 25th, 1820, 126 56 

Waldoborough, for supporting Philip Handle, to 

March 15th, 1820, 20 00 

Whately, for supporting the widow Bason, to the 

29th May, 1820, 45 55 

West Springfield, for the support of sundry pau- 
pers, to May 26th, 1820, 78 25 
Worcester, for the support of sundry paupers, to 

June 1st, 1820, 94 71 

Walpole, for the support of Jane Walker and 

others. State Paupers, to June 3d, 1820, 78 94 

Western, for supporting Daniel Mundell, Eliza 

and Harriot Trim, to May 29th, 1820, 111 30 

Worthington, for the support of sundry paupers, 

to May 1st, 1820, 39 25 



266 MILITARY ACCOUNTS. 

"Williamstowiij for the support of sundry paupers, 

to May 29tli, 1820, 125 75 

Westhamptoi), for the support of sundry paupers, 

to May 24th, 1820, 82 53 

Wade, Thomas, Keeper of the House of Correc- 
tion, in Essex County, including what was al- 
lowed by the Court of Sessions, 323 43 

Yarmouth, for the support of James Cantelo, to 

June 10th, 1820, 72 00 

York, for the support of sundry paupers, to March 

15th, 1820, 52 37 



Total Pauper Accounts, 1325,335 41 



MILITARY ACCOUNTS. 

Courts Martial and Courts of Inquiry. 

Fairbanks, Stephen, Brigade Major, for the ex- 
pense of a Court of Inquiry, held at Boston, on 
the 13th day of March, 1820, whereof Daniel 
L. Gribbens was President, 84 46 



Brigade Majors and Aids-de-Camjp. 

Sewall, Joseph, 1st Brigade, 11th Division, to 

February 23d, 1820, 10 50 

Ware, William R. Aid-de-Camp, 10th Division, 

to March 1st, 1820, 54 02 

Total, S62 52 



MILITARY ACCOUNTS. 26? 

Mjutants. 

Heald, Josiali, 2d Regiment, 2d Brigade, IStli 
Division, to December, 1819, 

Bosworth, Stephen, 3d Regiment, 1st Brigade, 
9th Division, to March 1st, 1820, 

Nye, Nathan, 3d Regiment, 1st Brigade, 12th 
Division, to January 1st, 1820, 

Farnsworth, Samuel, 2d Regiment, 1st Brigade, 
12th Division, to March 1st, 1820, 

Washburn, Cromwell, 3d Regiment, 2d Brigade, 
5th Division, to January 26th, 1820, 

Pratt, Sylvanus, Cavalry, 1st Brigade, 7th Divi- 
sion, to March 1st, 1820, 

Amory, Daniel, 3d Regiment, 1st Brigade, 10th 
Division, to March 1st, 1820, 

Lunt, Amos, 1st Regiment, 1st Brigade, 11th Di- 
vision, to March 1st, 1820, 

Cobb, Ezekiel R. Artillery, 2d Brigade, 9th Di- 
vision, to March 1st, 1820, 

Clement, Jesse, 5th Regiment, 2d Brigade, 2d 
Division, to March 1st, 1820, 

Balkam, John A. 3d Regiment, 2d Brigade, 10th 
Division, to December 6th, 1819, 

Newell, Luther, 1st Regiment, 1st Brigade, 1st 
Division, to March 1st, 1820, 

Nored, Elder, 4th Regiment, 1st Brigade, 4th Di- 
vision, to December, 1819, 

Whitney, Solon, 1st Regiment, 2d Brigade, Tth 
Division, to September, 1819, 

Clark, Daniel, Cavalry, 1st Brigade, 12th Division, 
to October 5th, 1819, 

Richardson, Edward, P. T. 4tli Regiment, 2d 
Brigade, 5th Division, to October 20th, 1820, 

Total. 8270 39 



13 


74 


17 


51 


15 95 


13 42 


26 64 


26 


56 


8 


38 


8 


50 


6 


14 


6 04 


30 92 


13 45 


17 


60 


19 


63 


18 28 


27 


63 



268 SHERIFFS' AND CORONERS^ ACCOUNTS. 

Exjoense of Horses to Hale Jlrtille^'y. 

Lee, Charles, for the year 1819, 5 00 

Braman, Thomas, Junior, for the year 1819, 6 25 



Total, Sll 25 



SHERIFFS' AND CORONERS' ACCOUNTS, 

Hall, Joseph, Sheriff of Suffolk County, for sup- 
porting poor debtors in goal, to June 7th, 1820, 718 31 

Bartlett, Bailey, Sheriff of Essex County, for re- 
turning votes, to May, 1820, 8 40 

Davis, Wendell, Sheriff of Barnstable County, for 
returning votes for Grovernor and Lieutenant 
Governor, to April, 1820, 4 80 

Hoyt, Epaphras, Sheriff of Franklin County, for 
returning votes for Governor and Lieutenant 
Governor, to May, 1820, 8 00 

Phelps, John, Sheriff of Hampden County, for 

returning A'otes, to May, 1820, 9 60 

Worth, Jethro, Sheriff of Dukes' County, for re- 
turning votes for Member of Congress, to April, 
1820, 8 00 

Johnson, J otham, Coroner of Middlesex County, 
for taking an inquisition at Cambridge, on the 
bodies of Hugh Martin and Thomas Daniels, 35 53 

Baker, John, Coroner of Norfolk County, for taking 
an inquisition on the body of a stranger, to June 
12th, 182|), 23 53 

Spear, Daniel, Coroner of Norfolk County, for 
taking an inquisition on the bodies of two stran- 
gers, to June, 1820, 51 08 

Badger, Thomas, Coroner of Suffolk County, for 
taking an inquisition on the bodies of several 
strangers, to June 15th, 1820, 64 06 



PRINTERS' ACCOUNTS. 269 

Harris, Jonathan, Coroner of Worcester County, 
for taking an inquisition on the body of J ames 
Maxwell, to May, 1820, 15 82 

Richardson, Amasa, Coroner of Norfolk County, 
for taking an inquisition on the body of a stran- 
ger, in 1817, 22 84 

Glover, Benjamin, Coroner of the County of Nan- 
tucket, for taking an inquisition on the body of 
Barnard Grraham, in February last, 1820, 26 05 

Total, S996 02 



PRINTERS' ACCOUNTS. 

Buckingham, J. T. for publishing Acts and Re- 
solves, to June 15th, 1820, 16 67 

Cushing, Thomas, for publishing Acts and Re- 
solves, to June, 1820, 16 67 

Foster, Moses, for printing Blanks for State Notes, 

to June, 1820, 4 00 

Lindsy, Benjamin, for publishing Acts and Re- 
solves, to May, 1820, , 16 67 

Mann, J. H. and W. H. for publishing Acts and 

Resolves, to May, 1820, 16 67 

Russell, Benjamin, by Russell and Grardner, for 

printing for government, to June 12th, 1820, 3278 72 

Shephard, Thomas W. and Company, for pub- 
lishing the Laws, &c. to May, 1820, 16 67 

Webster, Charles, for publishing Acts, &c. to 

June, 1820, 16 67 

Young and Minns, for publishing Acts, &c. to 

May, 1820, . 16 67 

Total, 83399 41 
f55 



270 MISCELLANEOUS ACCOUNTS. 

Boston Board of Health, for the support of pau- 
pers, on the Island, to June, 1820, 13 00 

Ballard and Wright, for Newspapers, to June 

15th, 1820, 42 90 

Burdett, James W. for Stationary furnished the 

government, to June 15th, 1820, 148 93 

Blaney, Henry, for repairs on the State House, to 

May 27th, 1820, 18 62 

Durant, William, for cleaning windows, to June 

15th, 1820, 42 00 

Howe, Joseph's Estate, for Funnels for the State 

House Chimnies, to June, 1820, 9 25 

Kuhn, Jacob, for balance due on his account, to 

June 15th, 1820, 127 20 

Loring, Josiah, for Stationary furnished Secreta- 
ry and Treasury, to May 2d, 1820, 145 00 

Pearson and Cloutman, for Glass for the State 

House, to June 15th. 1820, 5 71 

Russell, Benjamin, for Printing and Newspapers, 

to June 15th, 1820, 107 62 

Vose, Isaac and Son, for Screen for Chair, to 

June, 1820, 10 00 

Wells, J. and B. T. for repairs on Copper Basons, 

at the State House, to June, 1820, 48 72 

Low, John V. for assisting Messenger of the Gen- 
eral Court, sixteen days, to June 17th, 1820, 32 00 

Bacon, Henry, for assisting the Messenger, twenty 

days, to June 17th, 1820, 40 00 

Chase, Warren, for assisting Messenger, twenty 

days, to June 17th, 1820, 40 00 

Hider, Margaret, for performance of Page, by her 

son, Thomas P. Rider, June 17th, 1820, 16 00 

Agricultural Society of Massachusetts, for sundry 
expenses, in raising Seeds and Plants in the 
Garden at Cambridge, under Professor Peck, 
it being the balance of the sum granted them for 
the past year, and not before received, 354 72 



RESOLVE TO ROLL NO. 83. 271 

Committee to ascertain the terms upon which the 
House of Correction, at Worcester, may be ob- 
tained, by order of government, viz : 

To Honorable Jonathan H. Lyman, 33 00 
i' Samuel Porter, 31 00 

William Jackson, Esquire, 70 00—134 00 



Aggregate of Roll No, S3. 

Expense of State Paupers, 25,335 41 

" of Militia, 430 62 

« of Sheriffs and Coroners, 996 02 

" of Printers, 3,399 41 

" of Miscellaneous, 1,335 67 



131,497 13 



Resolved, That there be allowed and paid out of the 
Public Treasury, to the several corporations and persons 
mentioned in this Roll, the suras set against such corpora- 
tions and persons' names respectively, amounting in the whole 
to thirty-one thousand, four hundred, ninety seven dollars, 
and thirteen cents, the same being in full discharge of the 
accounts and demands to which they refer. 

Approved by the Governor, June 17th, 1830. 



ComYfton-wealtlv ol iMassaeVvusfctts. 



SECRETARY'S OFFICE, JULY 28, 1820. 
BF THIS I CERTIFY, That the Resolves, passed at the session 
of the Legislature, beginning May 31st, and ending June 17th, 1820, have 
been compared with the originals in this office, and appear to be correct. 

ALDEN BRADFORD, fifecretar^/o/f/^e Commonwealth. 



INDEX 

TO THE RESOLVES, PASSED AT THE MAY SESSION, 1820. 



A. 

Academy, HopLins', an half township granted to, - - - 244 

B. 

Berkshire County, an additional Notary Public to be appointed for, 242 

Beverly, Israel Morgan's Pension to be paid to the Overseers of, - 247 

Bristol County, two additional Notaries Public to be appointed for, 242 

C. 

Clerks of the General Court, Pay established, - - . . Q55 

« " Public Offices, " " - - - - 257 

Coffin, G. W, Esq. appointed Agent of the Land Office, - - 256 
College, Bowdoin, alteration of the provisions in the act for the 

Separation of Maine, relative thereto, may be made, - - 243 

Commissioners of the Land Office,Committee to adjust their accounts, 255 

Committee on Accounts, Pay granted, 252 

« « Roll No. 83 258 

" " to adjust the Accounts of the Commission- 
ers of the Land Office, - - - - 255 
Company, Merrimack Boating, may call a Meeting, - - - 249 

Council, Pay established, 242 

Court, General, Pay established, .----. 242 
Court of Sessions for Essex, authorized to amend the assessment of 

the County Tax, - 248 

D. 

Dillingham, Abby, grant for her Education at the Asylum for Deaf 

and Dumb Persons, in Hartford, - - - - - - 249 



INDEX. 



E. 



Electors of President and Vice President of the United State, choice 
of, regulated, 245 

G. 

Governor, his Speech to the Legislature, ----- 221 

« « Answer to, by the Senate, - - - - 233 

« " Answer to, by the House, - . - 236 

Gunpowder, public, quantity to be kept in Bo&ton, limited, - - 254 

H. 

Herbert, Charlotte, grant to, for services of her late husband, - 248 
Hinsdale, their account for supporting Lucinda Melona, referred to 

the Committee on Accounts, ------- 243 

Hopkins' Academy, an half township of land granted to, - - 244 

I. 

Indians, Chappaquiddick, g300 granted to build a Meeting House, 
and School House for, ..------ 247 

* 

K. 

Kellogg, Edward, gi*ant to, 252 

Kuhn, Jacob, Messenger, grant to, for Fuel, &c, - - - - 253 
« « " Pay established, . - . . 254 

L. 

Land Office, Committee to adjust the Commissioners' Accounts, - 255 

*' " G.W. Coffin, Esq. appointed to perform the business of, 256 

Laws and Resolves, the number of copies to be procured in future, 253 

Lock, Ward, Assistant to the Messenger, Pay granted, - - 255 

M. 

Merrimack Boating Company may call a Meeting, - - - 249 
Morgan, Israel, his Pension to be paid to the Overseers of the Poor 
of Beverly, 247 

N. 
Notaries Public, additional, to be appointed, - - - - 242 



INDEX. 

P. 

Parsons, Court of Sessions in Essex, authorized to amend the as- 
sessment of the County Tax for, ------ 248 

Prison, State, &1600 granted for use of, 249 

Q. 

Quarter Master General, or others, directed not to keep more than 

200 pounds of public Gunpowder in Boston, at any one time, - 254 
Quarter Master General, appropriation for his department, - 257 

R. 

Reports, Term, the number of copies to be procured in future, - 253 
Resolves and Laws, " " " " « - 253 

S. 

Secretary to furnish the towns with Blank Forms, conformably to 

the act relating to calling a Convention of Delegates, - - 250 

Secretary directed as to the number of copies of Term Reports, and 

Laws and Resolves to be purchased and printed, - - - 253 

State Prison, gl600 granted for the use of, 249 

Suffolk County, an additional Notary Public to be appointed for, 242 

T. 

Term Reports, number of copies to be procured in future, - 253 
Towns, Secretary to furnish with Blank Forms, conformably to the 

act relative to calling a Convention of Delegates, . - - 250 

Treasurer authorized to borrow Money, 250 

U. 

United States, President and Vice President of, choice of Electors 
of, regulated, 245 

W. 

"Walcutt, Thomas, grant to. -_.---- ^56 



RESOLVES 



THE GENERAL COURT 



Commontoealti) of JllajS^acliu^m^, 

PASSED AT THEIR SESSION, 

%VHICH COMMENCED ON WEDNESDAY, THE TENTH OF JANUARY, AND ENDED 

ON THURSDAY, THE FIFTEENTH OF FEBRUARY, ONE THOUSAND 

EIGHT HUNDRED AND TWENTY ONE. 



Published agreeably to a Resolve of IGth January, 1812. 




BOSTON : 

PRINTED BY RUSSELL 8/- GARDNER, FOR BENJAMIN RUSSELL, 

rRINTER TO THE STATE. 

1821. 



RESOLVES 

OF THE 

GENERAL COURT OF MASSACHUSETTS, 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE TENTH DAY OF JANUARY, AND ENDED 

ON THURSDAY, THE FIFTEENTH DAY OF FEBRUARY, ONE THOUSAND EIGHT 

HUNDRED AND TWENTY ONE. 



GOVERNOR'S MESSAGE. 



REPRESENTATIVES' CHAMBER, JANUARY 10, 1821. 

The Secretary of the Commonwealth came down from the 
Council Chamber, to the Senate and House of Repre- 
sentatives, with the following Message from His Ex- 
cellency the Governor. 

MESSAGE. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

IN again assembling to resume the functions 
of legislation, it must be highly satisfactory for you 
to observe that the relations of amity continue to 
be maintained between the United States and for- 
eign nations; that the agricultural, manufacturing, 
and other resources of the several States in the 
great American Union, are gradually developing 
their productive powers, and furnishing to naviga- 



274 GOVERNOR'S MESSAGE. 

tion and commerce, augmented means of trans- 
portation and traffic ; and that the pecuniary and 
mercantile embarrassments, which lately pressed 
with a distressing force, on a large portion of the 
people in some parts of our country, are now yield- 
ing to the salutary correctives of experience and 
more enlightened views of political economy. So 
far as the citizens of Massachusetts have enjoyed 
an exemption from such embarrassments, we are 
justified in believing that the immunity has arisen, 
under the smiles of Heaven, from the existence of 
laws founded in justice, and imparting in their 
operation, to every member of the community, 
whether rich or poor, an equal share of protection 
in the enjoyment of his rights. The lessons of ex- 
perience are never fallacious; and the history of 
the past, no less than the assurances of inspiration, 
should determine us, as the public guardians of the 
rights of the people, to manifest a persevering con- 
fidence in the sacred position, that a nation is 
exalted by righteousness. 

It is with great satisfaction that I am able to 
state to you, gentlemen, that no occurrence unfa- 
vorable to pviblic peace and good order, has come 
to my knowledge, during the recess. The affairs 
of the State Prison, and of the General and Insane 
Hospitals, both institutions of great public interest, 
continue to be administered with fidelity and sound 
judgment. The number of convicts in the State 
Prison, has been reduced in the course of the last 
two years, from three hundred and seventy two to 
three hundred and eight. 



GOVERNORS MESSAGE. 275 

The Insane Hospital, as affording a refuge 
from the observations of society, as well as the best 
means of restoration, for such as are suffering the 
deprivation of intellect, has already become a great 
public blessing ; but the institution is susceptible of 
higher improvement, and more extensive utility. 
The General Hospital, though respectably advan- 
ced, is, for want of means, suffering retardation, 
and is not in a condition to receive patients. The 
time, it is to be hoped, is not very remote, when 
such revenues will be realized, as will enable the 
Legislature, without increasing the general tax, to 
continue its honorable career in building up public 
institutions which tend to lessen the sum of human 
suffering, and confer honor on the State. 

The act of the Legislature, which passed on the 
nineteenth of June, one thousand eight hundred 
and nineteen, "relating to the Separation of the 
District of Maine from Massachusetts Proper, and 
forming the same into a Separate and Independent 
State," requiring, under specified circumstances, 
the appointment of two Commissioners by the Ex- 
ecutive of the Commonwealth, for the purposes 
therein mentioned, has been duly attended to, and 
the Honorable Timothy Bigelow and the Honor- 
able Levi Lincoln have been appointed agreeably 
to the provisions of the act. From a report, Avhicli 
has been communicated to me by the Commission- 
ers, you will be made acquainted with the entire 
organization of that Board, and with their readi- 
ness to proceed to the business of their appointment. 

During the late recess, I received from the 



276 GOVERNOR'S MESSAGE. 

Governor of the State of Maine, sundry resolutions 
of the Legislature of that State, "declaring the 
sense of the Legislature of the powers of the Gen- 
eral Government over the Mililia." 

A resolution of the State of Vermont, was like- 
wise communicated to me within the same period, 
by the Governor of that State, on an amendment 
of the Constitution of the United States, proposed 
by the Legislature of the State of Pennsylvania. 

By a reference to the legislative records, of the 
year one thousand eight hundred and seventeen, it 
will appear that the sum of eleven thousand dollars 
had been remitted by the Treasurer of the United 
States to the Governor, and placed by him in the 
treasury of this State, on account of advances made 
to the militia in the United States service, during 
the late war. Since the termination of the late 
session, I have received a letter from the Treasury 
Department, requesting that the evidence of the 
expenditure of that amount, on the part of Massa- 
chusetts, might be forwarded to that department. 
Inasmuch, however, as I could perceive no author- 
ity for the transmission of the required documents, 
and conceiving that the advance made, had been^ 
in principle, admitted by the Executive of the Uni- 
ted States, as falling within his authority to reim- 
burse, a doubt arose in my own mind, whether the 
case in question ought to be considered as com- 
prehended in the provisions of the resolve passed 
the twelfth of June, one thousand eight hundred 
and eighteen, respecting the " claims of this Com- 
monwealth against the United States," and whether 



GOVERNOR'S MESSAGE. 277 

some further legislative provision was not called for, 
respecting that object. Entertaining these doubts, 
I have deemed it to be my duty to submit the busi- 
ness to your direction. The propriety of such refer- 
ence, at this time, seemed to me to be more decisive, 
from the consideration that the communication from 
the Government of the State of Maine, has relation 
to the same general object, the claim of Massachu- 
setts against the United States, for advances made 
for defence against the common enemy, during the 
late war. 

On a former occasion, I expressed, with some 
distinctness, my view of this claim. I shall not, 
therefore, now occupy your time in discussing its 
merits. But I must totally reject the thought, 
that an enlightened American Republic can ever 
be deliberately unequitable. I can never bring 
myself to believe that the high minded statesmen 
who now wield the destinies of a vast confederated 
empire, will cease to respect the interests, the feel- 
ings, the efforts, and the sacrifices of one of its 
important members : A member too, that is, and 
ever has been proud, with the blood and treasure 
of its citizens, to support the union, maintain the 
independence, and brighten the glory of a free and 
happy nation. 

The several papers to which I refer, will be 
laid before you by the Secretary. 

JOHN BROOKS. 

Council Chamber, January lOfft, 1821. 



278 GOVERNOR'S MESBAGE.—N. PEASE. 

CHAP. XXYIII. 

Governor's Message. Jp.nuary 16th, 1821. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives , 

I have to announce to you, the resignation and discharge 
of Major General Epaphras Hoyt; in consequence of which 
a vacancy exists in the office of Major General in the Fourth 
Division of the Militia. 

The Secretary will also lay before you the annual return 
of the Militia, together with the returns of the ordnance and 
military stores of every description, belonging to the Com- 
monwealth. 

JOHN BROOKS. 

Council Chamber, January 16, 1821. 



CHAP. XXIX. 

Resolve empowering JSTaomi Pease to give a Deed of a 
certain piece of Land. January 18th, 1821. 

On the petition of N oami Pease, of Northampton, in the 
County of Hampshire, widow and administratrix of Walter 
Pease, late of said Northampton, deceased, intestate, stating, 
that on the 19th day of January, one thousand eight hun- 
dred and nineteen, the said deceased made a verbal contract 
with one Thomas Pomeroy, of said Northampton, to sell 
and convey to him, by deed of w^arranty, a certain piece of 
land, lying in said Northampton, and bounded as follows, 
viz. : Beginning at a stake and stones in the line of the 
county road, leading to Chesterfield, five rods east of the 
easterly corner of Gains Burt's land ; thence north eighteen 
and half degrees east, fifty four rods, to a stake and stones ; 
thence south thirty degrees east, twenty four rods, to a stake 
and stones ; thence north sixty eight degrees east, twenty 
one rods, to a stake and stones ; thence south eighteen and 



N. PEASE.— STATE PRISON. 279 

half degrees west, fifty five rods, to the line of said road ; 
thence westerly on said road, to the first mentioned bounds, 
containing ten acres and one hundred and forty nine rods. 
Also, one undivided half of a piece of land adjoining the 
above described land, and bounded as follows ; Avesterly on 
Gains Burt, northerly on F. H. Wright's land, easterly on 
Asahel Pomeroy, partly, and partly on Elijah Phelps' land, 
and southerly on the county road aforesaid : That the con- 
sideration agreed to be paid and received for said land, was 
one hundred and forty dollars ; that the said Pomeroy, im- 
mediately after said contract, entered into possession of said 
land, and has improved the same to the present time : That, 
at the time of the said contract, the said Walter agreed to 
execute a deed of said land to said Thomas, so soon as he 
should pay one hundred dollars of the purchase money, but 
that no particular time for paying the remainder was stipulat- 
ed ; that previous to the first day of February last, the said 
Thomas had actually paid to the said Walter, ninety three 
dollars towards said purchase money, and that said Thomas 
is now ready to pay the residue of said sum ; that the said 
Walter died after a short illness, on the eighteenth day of 
said February, not having executed the deed aforesaid : 

Resolved, For reasons set forth in said petition, that 
Naomi Pease, Administratrix of Walter Pease, late of 
Northampton, deceatsed, be, and she hereby is authorized 
and empowered to make and execute a deed of warranty to 
the said Thomas Pomeroy, of the land above described, he 
first paying to her the remainder of the purchase money 
aforesaid, which remains unpaid ; which deed shall have 
the same force and effect, as if made and executed by the 
said Walter, in his life time. 



CHAP. XXX. 

Resolve granting S4000/or the use of the State Prison. 
January 19th, 1821. 

Resolved, That there be allowed and paid out of the 
public treasury, for the use of the State Prison, four thous- 
and dollars; to be drawn from the treasury by the Warden 
37 



280 GOVERNOR'S MESSAGE, &c. 

of said prison, in such sums as the Directors shall from time 
to time direct ; and His Excellency the Governor, with the 
advice of the Council, is hereby requested to drav\^ on the 
Treasurer for said sum accordingly. 



CHAP. XXXI. 

Resolve for the Messenger to sell Old Iron, ^c. i^c. 
January 19th, 1821. 

Resolved, That the Messenger be directed to dispose of 
such iron plates, old iron and stoves belonging to the Com- 
monwealth, as has become useless, and pay the amount re- 
ceived therefor, into the treasury of the State. 



CHAP. XXXII. 

Governor'' s Message. January 22d, 1821. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

The Secretary will lay before you sundry resolutions of 
the Legislatures of the States of New Hampshire and 
Maine. 

JOHN BROOKS. 

Council Chamber y January 22«?, 18£1. 



CHAP. XXXIII. 

Resolve to repay the Cumberland Bank 81000. 
January 23d, 1821. 

On the petition of the President and Directors of the Cum- . 
berland Bank, at Portland, representing that, in the month 



CUMBERLAND BANK. 281 

of April, one thousand eight hundred and twenty, they paid 
one thousand dollars into the treasury of Massachusetts, as 
the semi-annual tax on said bank, due on the first day of 
said month of April, and that subsequently to said payment, 
they were called upon by the Treasurer of the State of 
Maine, in virtue of a resolve of the Legislature of that State, 
passed June the twenty third, one thousand eight hundred 
and twenty, to pay the same sum, for said tax, into the 
treasury of Maine, and it was paid accordingly, and so has 
been twice paid, as appears also by a communication from 
the said Treasurer, dated August thirty first, one thousand 
eight hundred and twenty : 

Resolved, For reasons set forth in said petition, and be- 
cause of the resolve aforesaid, that there be paid back, and 
the Treasurer is hereby authorized and directed to pay back 
to the President and Directors of the Cumberland Bank, in 
Portland, the said tax of one thousand dollars, taking a VQ^ 
ceipt, in discharge, for the same. And His Excellency the 
Governor, with the consent of the Council, is hereby re- 
quested to draw his warrant on the treasury accordingly. 



CHAP. XXXIV. 

Resolve on petition of the Second Precinct in Rochester, 

making valid the records and proceedings. 

January 23d, 1821. 

On the petition of the Second Precinct in the Town of 
Rochester, in the County of Plymouth, praying that certain 
proceedings therein stated may be rendered valid ; 

Resolved, For reasons set forth in said petition, that the 
records and proceedings referred to in said petition be, and 
they hereby are confirmed and rendered valid to all intents ; 
provided, nothing in this resolve contained, shall affect any 
suit or action which has hitherto been commenced. 



282 PITTSFIELD TAXES.— CHESTEU. 



CHAP. XXXV. 

Jlesolve empowering the Assessors of Pittsfield to issue a 
warrant to collect certain Taxes. January 24th, 1821. 

On the petition of John B. Root and Richard Cogswell, 
sureties of Benjamin Cogswell, late Constable and Collect- 
or of Taxes in the Town of Pittsfield, County of Berkshire, 
now deceased, praying that the present Assessors of said 
town, or their successors in office, may be authorized and 
empowered to issue their warrant for the collection of that 
part of the taxes, assessed by the Assessors of the said 
Town of Pittsfield, for the year of our Lord one thousand 
eight hundred and fifteen, sixteen and seventeen, which still 
remains uncollected ; 

Hesolved, That for reasons set forth in said petition, that 
the present Assessors of said Town of Pittsfield, or their 
successors in office be, and they are hereby authorized and 
empowered to issue their warrant to Reuben Brooks, or any 
other person or persons, authorizing and directing him or 
them to collect, in the manner prescribed by law, whatever 
remains due and unpaid upon the list of assessments for 
said town, for the year of our Lord one thousand eight hun- 
dred and fifteen, one thousand eight hundred and sixteen, 
one thousand eight hundred and seventeen, and to pay over 
the same according to the directions of the law. 



CHAP. XXXVI. 

Mesolve on the petition of the Toimi of Chester. 
January 25th, 1821. 

Resolved f For reasons set forth in the petition of the 
Town of Chester, in the County of Hampden, that the Jus- 
tices of the Court of Sessions for said county, be authorized 
and directed to add to their other county estimates for a tax 
for said county, such sum or sums of money as the said 
Justices shall from time to time determine to be necessary 
and proper, and order the payment of the same out of the 



LAND IN THE STATE OF MAINE. 283 

county treasury, for the purpose of aiding said town in 
building and supporting a bridge at Cliester Village, so 
called, and to appoint an agent to superintend the expendi- 
tures for the same. 



CHAP. XXXYII. 

Resolve respecting Land in the State of JMaine. 
January 26th, 1821. 

Resolved, That His Excellency the Governor of this 
Commonwealth be, and he is hereby requested to address a 
letter to the Governor of the State of Maine, proposing a 
compromise relative to the lands in said State of Maine, 
which have become the property of this Commonwealth, by 
the provisions of the act, entitled "an act relating to the 
separation of the District of Maine from Massachusetts 
proper, and forming the same into a separate and independ- 
ent State ; by which the right, title, and interest of this 
Commonwealth in the said lands may be transferred to the 
said State of Maine, upon such terms and conditions, as 
shall or may be agreed upon by the Legislatures of the two 
States, in pursuance of the ninth article of the first section 
of the aforesaid act. 

Resolved, That a Committee of five members of the two 
Houses of the General Court be appointed by the Legisla- 
ture, to meet a Committee to be appointed by the Legislature 
of Maine, which Committee, on the part of this Common- 
wealth, shall have full power and authority to negociate, 
settle, adjust and determine with the Committee of the said 
State of Maine, (having similar and competent powers from 
the Legislature of Maine, for that purpose and on that be- 
half,) all the stipulations, terms and conditions of a contract, 
by w hich the right, title and interest of this Commonwealth, 
in the said lands, may be transferred to the said State of 
Maine ; which contract, when made as aforesaid, shall by 
the said Committees, be submitted as soon as may be, to the 
Legislatures of this Commonwealth, and of Maine, respec- 
tively, for their approbation and ratification. 

Resolved, That the said Committee on the part of this 



284 GOVERNOR'S MESSAGE. 

Commonwealth, whenever such contract shall have been 
made and ratified as aforesaid, be, and they hereby are au- 
thorized and empowered to alien, sell and convey all the 
right, title, interest and estate of this Commonwealth, in and 
to all the lands in the said State of Maine, for the consider- 
ation and in pursuance of the stipulations, terms and condi- 
tions which may be specified and contained in such contract, 
and to execute deeds accordingly. 



CHAP, xxxvin. 

Governor's Message. January 31st, 1821. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

On the twenty sixth instant, I transmitted to the Gover- 
nor of the State of Maine, the Resolutions which passed the 
Legislature that day, proposing to the Legislature of that 
State, a compromise in relation to the lands, the property of 
this Commonwealth, in the State of Maine. The proposi- 
tion has been cordially received by the Legislature of that 
State ; and I have the satisfaction of laying before you by 
the Secretary, several Resolutions which have been trans- 
mitted to me by the Governor of the State of Maine, expres- 
sive of their readiness to meet the views of the Legislature 
of Massachusetts, and to enter, in the manner contemplated 
by your Resolutions of the twenty sixth instant, upon the 
proposed negociation. 

JOHN BROOKS. 

' Council Chamber, January Slsi, 1821. 



LANDS IN MAINE.— TAXES. 285 

CHAP. XXXIX. 

jResolve respecting Lands in Maine. February 3d, 1821. 

The Committee of both Houses to whom was referred the 
Message of His Excellency the Governor, covering the pro- 
ceedings of the Legislature of the State of Maine, as to a 
compromise in relation to the lands, the property of this 
Commonwealth, in said State, &c. 

Report, That from the proceedings of the State of Maine, 
as well as by the passage of a resolve of the present Gren- 
eral Court, it has become necessary, that a Committee should 
be appointed by the Legislature, as is in said resolve provid- 
ed. The Committee therefore recommend the passage of the 
following resolve. 

All which is submitted. 

JOHN WELLS, Per Order. 

Resolved, That the Honorable Messrs. Brooks and 
Dwight, Hubbard, Burghardt and Hooper, be a Committee 
on the part of this State, to perform all the duties requir- 
ed by a resolve passed on the twenty sixth day of Janua- 
ry, in the year of our Lord one thousand eight hundred 
and twenty one, "giving full power and authority to ne- 
gociate, settle, adjust and determine with the Committee of 
said State of Maine, all the stipulations, terms and condi- 
tions of a contract, by which the right, title and interest of 
this Commonwealth, in the said lands, may be transferred 
to the State of Maine.'' 



CHAP. XL. 

Resolve for County Taxes. February 8th, 1821. 

Whereas, the Treasurers of the following counties have 
laid their accounts before the Legislature, which accounts 
have been examined and allowed; and whereas, the Clerkf^j 
of the Courts of Sessions for said counties^ have exhibited 



286 TREASURER TO BORROW MONEY. 

estimates made by said courts^ of the necessary charges 
which may arise within the said several counties for the 
year ensuing, and of the sums necessary to discharge 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, according to law, viz. : 

County of Hampden, five thousand dollars, - - - 85000 
County of Berkshire, four thousand dollars, - - 4000 
County of Worcester, twelve thousand dollars, - 12000 
County of Middlesex, nine thousand dollars, - - 9000 
County of Suifolk, thirty five thousand dollars, - 35000 
County of Dukes' County, one thousand dollars, - 1000 
County of Barnstable, eighteen hundred dollars, - 1800 
County of Bristol, three thousand five hundred dollars, 3500 
County of Franklin, three thousand dollars, * - 3000 
County of Norfolk, four thousand dollars, - - - 4000 
County of Essex, three thousand five hundred dollars, 3500 
County of Hampshire, three thousand dollars, - - 3000 



CHAP. XLl. 

Resolve authorizing the Treasurer to Borrow Money, 
February 9th, 1821. 

Resolved, That the Treasurer of this Commonwealth, be, 
and he hereby is authorized, and directed to borrow of any 
of the banks in Boston, any sum not exceeding twenty five 
thousand dollars, in addition to the sum which he is author- 
ized and directed to borrow, by a resolve passed on the 
sixteenth of June last, that may at any time within the cur- 
rent political year be necessary for the payment of the ordi- 
nary demands made on the Treasury ; and that he pay any 
sum he may borrow, as soon as money sufficient for the 
purpose, and not otherwise appropriated, shall be received 
into the Treasury. 



GOVERNOR'S MESSAGE.— G. W. COFFIN. 287 

CHAP. XLn. 

Governor's Message. February 9tli, 1821. 

Gentlemen of the Senate, and 

Gentlemen of the House of Rejpresentatives, 

The Secretary will lay before you a letter I have receiv- 
ed from the Governor of the State of Ohio, dated the twenty 
second day of January last, together with sundry resolutions 
of the General Assembly of that State, on the subject of 
certain proceedings of the Bank of the United States, against 
the officers of said State, in the United States Circuit Court, 

JOHN BROOKS. 

Council Chamber, February 9th, 1821. 



CHAP. XLIII. 

Resolve on the communication of George TV, Coffin. 
♦ February 9th, 1821. 

On the communication of George W. Coflfin, Agent of the 
Land Office, relative to certain letters of attorney required 
of Catharine Drowne and others ; 

Resolved, For reasons set forth in. said communication, 
that the letters of attorney required (by a resolve passed the 
twenty seventh of February, one thousand eight hundred 
and thirteen,) of Catharine Drowne and others, be, and 
hereby are dispensed with : And said Agent is hereby au- 
thorized to execute conveyances to said Catharine Drowne 
and others, their heirs and assigns, notwithstanding said 
letters of attorney have not been made and executed, any 
thing in the said resolve to the contrary notwithstanding. 
38 



288 CLAIMS AGAINST UNITED STATES. 



CHAP. XLIV. 

Resolve compensating Benjamin Sparhawh and JSTathan 
Fitz Tilton, wounded soldiers. February 13tli, 1821. 

Mesolvedf That there be allowed and paid out of the pub- 
lic treasury of this Commonwealth to Benjamin Sparhawk, 
of Marblehead, the sum of fifty dollars in full for damage 
and cost occasioned by wounds received while on duty in 
October last, under the commmand of Captain Edmund 
Kimball, of Marblehead, while doing duty in the Artillery. 
Also, to Nathan Fitz Tilton, for wounds received while on 
duty in Captain Kimball's company of Artillery, in Mar- 
blehead, on the second day of October last, one hundred 
dollars. 



CHAP. XLV. 

Mesolve authorizing the Governor and Council to adjust 

the claims of this State against the United States. 

February l4th, 1821. 

The Committee of both Houses, to whom was referred so 
much of the Message of His Excellency the Grovernor, at 
the opening of the session, as relates to the claim of Massa- 
chusetts on the General Government, and also a letter from 
the third Auditor of the Treasurer, respecting an advance 
of eleven thousand dollars on account of the claim, report 
in part, the following resolve. 

Which is submitted. 

DUDLEY L. PICKMAN. 

Mesolved, That His Excellency the Governor, with the 
advice of Council, be authorized to take such measures as 
may seem necessary to adjust and settle the claim of this 
State on the General Government, for expenses incurred 
during the late war, and to forward such vouchers and doc- 
uments in support of the claim, as may from time to time be 
required for this purpose, and to receive and receipt for such 
sums as may be paid on account of the same. 



GAY HEAD INDIANS. 289 



CHAP. XL VI. 

Resolve granting ^GS, for the Indian Proprietors at Gay 
Head. February 14th, 1821. 

Resolved, That for reasons set forth in the petition of 
Joel Rogers and others, Indian Proprietors of Gray Head, 
that there be allowed and paid to Matthew Mayhew, Es- 
quire, of Chilmark, as Agent for said Indian Proprietors, 
the sum of sixty three dollars, to be by him paid to said 
Indian Proprietors, in proportion to what each person fur- 
nished for the support and charges incurred by said propri- 
etors, in the sickness of Joseph De Grass, a foreigner. 



CHAP. XLVII. 

Resolve to pay the Committee on Accounts. 
February 14th, 1821. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the Committee appoint- 
ed to examine and pass on accounts presented against this 
Commonwealth, for their attendance on that service during 
the present session, the sum of one dollar per day in addi- 
tion to their pay as Members of the Legislature, viz. : Hon- 
orable Stephen P. Gardner, thirty four days, thirty four 
dollars ; Honorable Robert Rantoul, thirty days, thirty 
dollars; Honorable Elihu llo'yt, thirty fcrur day sy -thirty 
four dollars ; Honorable Jonas Sibley, twenty two days, 
twenty two dollars, and Hugo Burghardt, Esquire, twenty 
five days, twenty five dollars. 



290 WARD LOCK.— LOCATION OF LANDS. 



CHAP. XLVni. 

llesolvefor paying Ward Loch, Assistant Messenger of the 
Governor and Council. February 14th, 1821. 

Resolved, That there be allowed and paid from the trea- 
sury of this Commonwealth, to Ward Lock, Assistant Mes- 
senger of the Governor and Council, two dollars for each 
and every day he has been, or may be employed in that ca- 
pacity, during the present session of the Council. 



CHAP. XLIX. 

Resolve relating to the Location of certain Lands. 
February 14th, 1821. 

Resolved, That the further time of nine months, from the 
twenty fourth day of February instant, be allowed for the 
location of all grants and conveyances of lands, at any time 
heretofore made on the part of the Commonwealth, and not 
yet located; which said locations shall be determined and 
actually made within the said term of nine months, from the 
twenty fourth day of the present month, and not afterwards ; 
and it shall be the duty of the Agent of the Land Office to 
give to all claimants of such unlocated grants and convey- 
ances, notice forthwith, of the time limited for said locations. 

' ■ — 7^ '^-— 

CHAP. L. 

Resolve granting Benjamin Pollard, Esquire, 817 67, for 
copies of •Articles of Impeachment against Judge Pres- 
cott. February 14th, 1821. 

Resolved, That there be allowed and paid to Benjamin 
Pollard, the Clerk of the House, out of the public treasury, 



T. WALCUTT.— PAY OF CLERKS. 291 

Ihe sum of sixteen dollars and sixty seven cents, in full for 
the services of persons employed by him, agreeably to the 
order of the House on the third day of February current, 
directing him to cause to be made out seven copies of the 
articles of impeachment, against James Prescott, Esquire^, 
for the use of the Managers of this House, and that His 
Excellency the Governor be requested to draw his warrant 
on the treasury therefor. 



CHAP. LI. 

Resolve for paying Thomas Walcutt. February 15tli, 1821. 

Resolved, That there be allowed and paid to Thomas 
Walcutt, a Clerk in the Lobbies, for his assistance of the 
Members of the Legislature, seventy five dollars, in full for 
his services during the present session of the Legislature. 



CHAP. LIL 

Resolve to pay the Clerks of the Legislature. 
February 15th, 1821. 

Resolved, That there be paid out of the treasury of this 
Commonwealth to the Clerk of the Senate and the Clerk 
of the House of Representatives, respectively, seven dollars 
per day, and to the Assistant Clerk of the Senate, and to 
the Assistant Clerk of the House of Representatives, each, 
the sum of five dollars per day, for each and every day they 
have, or may be employed in that capacity, during the 
present session of the Legislature ; and the Governor is re- 
quested to draw his warrant accordingly. 



X 



292 PAY OF CHAPLAINS. • # 



CHAP. LIII. 

Resolve for paying the Chaplain of the Senate, and the 

Chaplain of the House of Representatives. 

February 15th, 1821. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the Reverend John Gr. 
Palfrey, Chaplain of the Senate, and to the Reverend Wil- 
liam Jenks, Chaplain of the House of Representatives, sixty 
dollars each, in full for their services in said oflBce the pre- 
sent political year. 



V 



ROLL, No. 84....JANUARY, 1821 



The Committee on Accounts, having examined 
the several accounts thej now present.. ..Report, 

That there is now due to the Corporations and 
persons hereafter mentioned, the sums set to their 
names respectively, which, when allowed and paid, 
will be in full discharge of the accounts to the sev- 
eral dates therein mentioned ; which is respectful- 
ly submitted. 

STEPHEN P. GARDNER, Per Order, 



PAUPER ACCOUNTS. 

Adams, for supporting sundry paupers, to Janua- 
ry 18tli, 1821, 244 80 

Alford, for supporting Edward Griynn, to January 

1st, 1821, 3 04 

Alfred, for supporting sundry paupers, to March 

15tli, 1820, 23 00 

Augusta, for supporting sundry paupers, to March 

ISth, 1820, 27 00 

Andover, for supporting sundry paupers, to Janu- 
ary 1st, 1821, 177 03 

Amherst, for supporting sundry paupers, to Janu- 
ary 10th, 1821, 128 25 



294 PAUPER ACCOUNTS. 

Attleborough, for supporting sundry paupers, to 

January 1st, 1821, 195 47 

Abington, for supporting sundry paupers, to Jan- 
uary 27th, 1821, 29 14 

Blan^ord, for supporting sundry paupers, to JajO^-, 

uary 13th, 1821, 151 00 

Boston, for supporting sundry paupers, to Novem- 
ber 30th, 1820, 5064 56 

Boston Board of Health, for supporting sundry sick 
persons, at Rainsford Island, to January, 1821, 
and Hobart's bill, 53 39| 

Beverly, for supporting sundry paupers, to Janua- 
ry 1st, 1821, 129 02 

Brimfield, for the support of Jonathan Shelburn, 

to January 7tli, 1821, 18 00 

Belcliertown, for supporting sundry paupers, to 

January 12th, 1821, 117 60 

Barre, for supporting Samuel Lee and Sally 

Thayer, to January 7th, 1821, 78 00 

Boxford, for supporting Mehitable Hall, to Janu- 
ary 13th, 1821, 32 00 

Burlington, for support of Thomas Hardman, and 

Jonathan A. Pasho, to January 22d, 1821, 85 49 

Becket, for support of Michael Powers, to Janua- 
ry 13th, 1821, 2 00 

Braintree, for supporting Titus and Mary Ash- 
man, and nine children, to January 19th, 1821, 157 50 

Billerica, for supporting sundry paupers, to Janu- 
ary 15th, 1821, 129 40 

Bath, for the support of sundry paupers, to March 

15th, 1820, 39 47 

Bradford, for the support of Joshua Alsace, to Jan- 
uary 1st, 1821, 30 56 

Bridgewater, for supporting Jonathan F. Bigner, 

to January 30th, 1821. 53 00 

Cheshire, for supporting sundry paupers, to Jan- 
nary 9th, 1821, 189 10 



r 



/ 

PAUPER ACCOUNTS. 295 

Canton, for the support of sundry paupers, to Jan- 
uary 8th, 1821, 87 00 

Conway, for supporting Martha McMurphy, to 

January 1st, 1821, 49 06 

Chester, for supporting sundry paupers, to Janua- 

- ry 6th, 1821, 152 80 

Carlisle, for supporting Robert Barber, to January 

1st, 1821, 31 00 

Colraine, for supporting sundry paupers, to Janu- 
ary 3d, 1821, 124 00 

Cummington, for the support of Jonathan Lamson, 

to January 8th, 1821, 50 29 

Chelmsford, for supporting sundry paupers, to Jan- 
uary 1st, 1821, 198 23 

Cambridge, for supporting sundry paupers, to Jan- 
uary 26th, 1821, 808 98 

Charlestown, for supporting sundry paupers, to 
January 20th, 1821, 1839 62 

Chesterfield, for supporting sundry paupers, to 

January 25th, 1821, 162 00 

Dartmouth, for the support of Francis Freeman, 

and Ann Carter, to January 20th, 1821, 42 00 

Deerfield, for supporting sundry paupers, to Jan- 
uary, 13th, 1821, 217 38 

Danvers, for supporting sundry paupers, to Janu- 
ary 23d, 1821, 967 97 

Douglas, for supporting Isabella Santee, and her 

three children, to January 17th, 1821, 57 40 

Dorchester for support of William Grant and John 

Field's family, to January 12th, 1821, 66 75 

Dracut, for the support of Richard Barker, to Jan- 
uary 16th, 1821, 52 00 

Durham, for the support of Samuel, Jonathan and 

Asa Demerit, to March 15th, 1820, 166 52 

Dedham, for the support of sundry paupers, to Jan- 
uary 22d, 1821, 14 00 
39 



296 PAUPER ACCOUNTS. 

Elliot, for supporting sundry paupers, to March 

15th, 1820, 27 92 

Essex, for the support of sundry paupers, to Jan- 
uary 20th, 1821, 118 66 

Egremont, for supporting sundry paupers, to Jan- 
uary 8th, 1821, 132 60 

Erving's Grant, for supporting Franklin Terry, 

to February 4th, 1820, 46 5^ 

Fairhaven, for the support of sundry paupers, to 

January 1st, 1821, 213 20 

Framingham, for the support of Lucy Green, to 

January 20th, 1821, 23 40 

Falmouth, for the support of sundry paupers, to 

January 19th, 1821, 49 39 

Groton, for the support of sundry paupers, to Jan- 
uary 10th, 1821, 367 00 

Grafton, for the support of sundry paupers, to De- 
cember 25th, 1820, 77 58 

Gardner, for the support of John Brinkman, to 

January 6th, 1821, 52 00 

Gardiner, for the support of Thomas Doyle, to 

March 15th, 1820, 73 15 

Gloucester, for supporting sundry paupers, to Jan- 
uary, 1821, 439 08 

Gill, for the support of Sarah Lyon, to January 

15th, 1821, 86 71 

Great Barrington, for supporting sundry paupers, 

to January 3d, 1821, 139 50 

Greenwich, for the support of Lot Lee, to Janua- 
ry 14th, 1821, 33 42 

Greeniield, for the support of sundry paupers, to 

January 1st, 1821, 35 42 

Granville, for supporting sundry paupers, to Jan- 
uary 1st, 1821, 121 00 

Hard wick, for supporting Jacob Freeman and Han- 
nah Morgan, to December 11th, 1820, 47 00 



PAUPER ACCOUNTS. 297 

Hopkinton, for supporting sundry paupers^ to Jan- 
uary 18th, 1821, ' 202 62 

Haverhill, for the support of sundry paupers, to 

January 9th, 1821, 181 25 

Hadley, for supporting Frye and Rebecca Allen, 

to January 7th, 1821, 64 00 

Hancock, for supporting sundry paupers, to Jan- 
uary 10th, 1821, 135 67 

Hall, Joseph, Sheriiff of Suffolk, for supporting 

sundry paupers in Gaol, to January 8th, 1821, 486 25 

Lynn, for supporting sundry paupers, to January 

22d, 1821, 169 29 

Longmeadow, for the support of Edward Booth, 

to January 18th, 1821, 34 00 

Litchfield, for supporting Jerusha Twambley, to 

March 15th, 1820, 11 92 

Lanesborough, for the support of sundry paupers, 

to January 6th, 1821, 114 98 

Leyden, for the support of sundry paupers, to Jan- 
uary 6th, 1821, 111 86 

Lenox, for the support of sundry paupers, to Jan- 
uary 9th, 1821, 323 42 

Lunenburg, for the support of William Shearer, 

to January, 1821, 52 00 

Lexington, for supporting Mary Williams, to Jan- 
uary 15th, 1821, 8 57 

Lee, for the support of sundry paupers, to Janua- 
ry 10th, 1821, 243 30 

Littleton, for supporting Joseph Davenport, and 

Jonathan Putnam, to January 10th, 1821, 59 50 

Leominster, for supporting Bryan and Huldah 

Conley, to their removal in March, 1820, 13 32 

Montgomery, for supporting Charles Collins, to 

January 1st, 1821, 30 50 

Montague, for the support of Edward Potter and 

wife; to January 2d, 1821, 64 00 



298 PAUPER ACCOUNTS. 

Marshiield, for supporting Samuel Holmes, to Jan- 
uary 6th, 1821, 33 00 

Medfield, for the support of George Turner, to No- 
vember 25th, 1821, 52 00 

Milton, for the support of J. J. Myers, and James 

Bowman, to January 29th, 1821, A. McDonald, 56 14 

Mount Vernon, for the support of sundry paupers, 

to March 15th, 1820, 331 00 

Marblehead, for the support of sundry paupers, to 

January 20th, 1821, 293 90 

North Yarmouth, for supporting sundry paupers, 

to March 15th, 1820, 29 56 

Newbury, for the support of sundry paupers, to 

January 1st, 1821, 645 26 

Norwich, for supporting Ruth Sanford, to Janua- 
ry 25th, 1821, 33 57 

Northiield, for the support of Amos Ryley, to Jan- 
uary 6th, 1821, 32 00 

Newton, for the support of Joseph Prichard, to 

January, 52 00 

Newburyport, for supporting sundry paupers, to 

January 1st, 1821, 597 99 

Natick, for the support of Israel Boston, to his 

death, and funeral expenses, July, 1820, 28 75 

Northampton, for the support of sundry paupers, 

to March 1st, 1821, 364 87 

Orleans, for supporting Walter P. Swaine, to Jan- 
uary 6th, 1821, 33 00 

Overseers of the Marshpee Indians, for the support 

of sundry paupers, to January 13th, 1821, 355 29 

Nantucket, for the support of sundry paupers, to 

January 1st, 1821, 112 71 

Pittsfield, for supporting sundry paupers, to Janu- 
ary, 1st, 1821, 210 42 

Plymouth, for supporting sundry paupers, to Jan- 
uary 16th, 1821, 192 00 



PAUPER ACCOUNTS. 299 

Palmer, for supporting William and Phebe Men- 
don, to January 9th, 1821, 

Roxbury, for supporting sundry paupers, to Janu- 
ary 3d, 1821, 

Readfield, for supporting sundry paupers, to March 
15th, 1820, 

Rehoboth, for the support of sundry paupers, to 
January 5th, 1821, 

Russell, for supporting sundry paupers, to Janua- 
ry 1st, 1821, 

Richmond, for supporting Rosanna Winston and 
Samuel Hill, to January 19th, 1821, 

Rowley, for the support of Ella Collins and Ja- 
cob Vinton, to January 5th, 1821, 

Rutland, for the support of William Henderson, 
to January 7th, 1821, 

Reading, for the support of Nathaniel Ingersol, to 
January 9th, 1821, 

Sharon, for supporting sundry paupers, to Janua- 
ry 21st, 1821, 

Salem, for supporting sundry paupers, to January 
2d, 1821, 

Swanzey, for the support of sundry paupers, to 
January 6th, 1821, 

Seekonk, for supporting several paupers, to Janu- 
ary, 15th, 1821, 

Somerset, for supporting William Elliot, to Janu- 
ary 1st, 1821, 

Stockbridge, for the support of sundry paupers, to 
January 2d, 1821, 

Shrewsbury, for supporting Abraham Fecunder, 
to his death, and funeral expenses, J anuary 15th, 
1821, 

Saugus, for the support of Margaret Evans and 
child, to September 1st, 1820, 



104 90 


264 91 


101 


34 


290 00 


125 


31 


68 


00 


63 


27 


112 00 


18 28 


87 


66 


2351 


06 


68 95 


105 


75 


52 


00 


240 00 


13 00 


17 


25 



300 PAUPER ACCOUNTS. 

Shelburne, for the support of sundry paupers, to 

January 15th, 1821, 84 15 

Springfield, for the support of sundry paupers, to 

January 3d, 1821, 237 95 

Stow, for supporting Henry Stinker, his wife and 

two children, to the time he left the place, 15 GO 

Sheffield, for supporting sundry paupers, to Janu- 
ary 24th, 1821, 197 12 

Sandwich, for the support of Esther and Mason 

Raymond, to January 16th, 1821, 66 GO 

Shirley, for supporting sundry paupers, to Janu- 
ary 1st, 1821, 174 76 

Sudbury, for supporting William Harrison, to his 

death, and funeral expenses, January, 1821, 6 25 

South Brimfield, for the support of Eliza Black- 
man and John Hill, to January 5tli, 1821, 83 28 

Sunderland, for support of William Russell and 

Gars^tt Hacker, to January 1st, 1821, 31 74 

Taunton, for supporting sundry paupers, to De- 
cember 31st, 182G, 398 60 

Townsend, for supporting Tom Thomas, to May 

IGth, 1820, 11 00 

Tyringham, for supporting sundry paupers, to 

January 1st, 1821, 245 68 

Uxbridge, for supporting sundry paupers, to Jan- 
uary 29th, 1821, 43 92 

Wasliington, for supporting James Robbins, to 

January 16th, 1821, 33 63 

West Newbury, for the support of Sophia Patten, 

to January, 31 16 

Whately, for the support of Benjamin Mather and 

Widow Bacon, to January 10th, 1821, 53 99 

Westborough, for the support of sundry paupers, 

to January 16th, 1821, 161 22 

Walpole, for the support of Eliza Ellis and James 

Walker, to January 13th, 1821, 81 60 



/ PAUPER ACCOUNTS. 301 

Wilbralianij for the support of sundry paupers, to 

May 25th, 1820, 148 53 

Wayne, for the support of sundry paupers, to 

March 16th, 1820, 21 14 

Western, for the support of Sally Trims and Sam- 
uel P. Tracey, to January 1st, 1821, 23 72 

Williamstown, for supporting sundry paupers, to 

January 8th, 1821, 283 82 

Warwick, for support of Polly Cezar and two 

children, to January 11th, 1821, 16 00 

Wareham, for support of William Long, to Janu- 
ary 13th, 1821; 52 00 

West Stockbridge, for supporting sundry paupers, 

to January 1st, 1821, 99 00 

Westford, for support of James Peirce, to January 

11th, 1821, 31 00 

Wrentham, for supporting sundry paupers, to Jan- 
uary 1st, 1821, 134 20 

Warren, for supporting sundry paupers, to March 

15th, 1820, 46 41 

Watertown, for supporting sundry paupers, to Jan- 
uary 25th, 1821, 153 32 

Worcester, for supporting several paupers, and 

persons in Graol, to January 1st, 1821, 101 54 

Westhampton, for support of sundry paupers, to 

January 3d, 1821, 64 00 

Westfield, for the support of sundry paupers, to 

January 1st, 1821, 184 48 

Wade, Thomas, Keeper of the House of Correc- 
tion in the County of Essex, for supporting sun- 
dry paupers, including an alloAvance made him 
by the Court of Sessions, 356 50 

Yarmouth, for supporting sundry paupers, to Jan- 
uary 13th, 1821, 136 19 



Total Paupers, 1827,980 89 



/ 



.302 MILITARY ACCOUNTS. 

Courts Martial, and Courts of Inquiry. 

Fairbanks, Stephen, for the expense of a Court 
Martial, held at Boston, October 12th, 1820, 
whereof Colonel Washington Cashing was Pre- 
sident, 100 01 

Heard, Nathan, for the expense of a Court Mar- 
tial, held at Charlton, September 19th, 1820, 
whereof Colonel William Crawford was Pre- 
sident, 116 88 

Wilder, Nathaniel, for the expense of a Court 
Martial, held at Bridge water. May 23d, 1820, 
whereof Brigadier General Elijah Cobb was 
President, 272 09 

Forster, William, for house use and firewood, for 

a Court of Inquiry, 20 00 



Brigade Majors and Aids-de- Camp. 

Fisher, Freeman, 2d Brigade, 7th Division, to 

March, 1820, 34 05 

Heard, Nathan, Junior, 1st Brigade, 7th Division, 

to January, 1821, 25 67 

Barnard, Robert F. 1st Brigade, 7th Division, to 

January 15th, 1821, 25 65 

Cobb, David Gr. W. 2d Brigade, 5th Division, to 

January 15th, 1821, 23 50 

Gilbert, Thomas, 2d Brigade, 4th Division, to 

January 15th, 1821, 33 50 

Hopkins, Thomas, Aid, 9tli Division, to January 

15th, 1821, 17 55 

Coffin, Timothy G. Aid, 5th Division, to January 

15th, 1821, 31 85 

Frost, John, Aid, 6th Division, to March 15th, 

1820, 6 02 



MILITARY ACCOUNTS. 303 

Fairbanks, Stephen, 3d Brigade, 1st Division, to 

January 15th, 1821, 28 64 

Perley, Thomas, 1st Brigade, 12th Division, to 

March 15th, 1821, 118 67 

Smith, John, Junior, 1st Brigade, 2d Division, to 

January 15th, 1821, 40 11 

Sexton, Jonathan A. Aid, 4th Division, to Janu- 
ary, 1821, 19 05 

Thayer, Minot, Aid, 1st Division, to January 

15th, 1821, 43 40 

Thayer, Samuel M. 1st Brigade, 1st Division, to 

January 15th, 1821, 45 95 

Vernam, Benjamin F. Aid, 3d Division, to Janu- 
ary 15th, 1821, 21 25 

Wilder, Nathaniel, Junior, 1st Brigade, 5th Di- 
vision, to January, 1821, 23 07 



Brigade Quarter Masters. 

Ames, Nathan, to March 15th, 1821, 15 79 

Tiffany, Bela, to January, 1820, 24 00 



Hauling Artillery. 

Tufts, Francis, 3d Brigade, 1st Division, to Jan- 
uary, 1821, 20 00 

Slade, John, 3d Brigade, 1st Division, to Janu- 
ary, 1821, 20 00 

Stone, Joseph, 3d Brigade, 1st Division, to Janu- 
ary, 1821, 10 00 
40 



\ 



304 MILITARY ACCOUNTS. 

Adjutants. 

Allen, CharleSj 3d Regiment, 1st Brigade, Tth Di- 
vision, to January 15th, 1821, 12 50 

Bishop, Henry W. 2d Regiment, 3d Brigade, 9tli 

Division, to January 15th, 1821, 11 74 

Billings, Asahel, 4th Regiment, 2d Brigade, 4th 

Division, to March 15th, 1820, 25 50 

Bemis, Isaac, Junior, 1st Regiment, 1st Brigade, 

3d Division, to January 15th, 1821, 20 38 

Coolidge, Nathaniel, 3d Regiment, 1st Brigade, 

4th Division, to January, 1821, 15 00 

Cushing, Ned, 2d Regiment, 1st Brigade, 1st Di- 
vision, to January 15th, 1821, 32 27 

Cram, Levi, Artillery, 1st Brigade, 10th Division, 

to March 15th, 1820, 15 05 

Clioate, William, 2d Regiment, 2d Brigade, 2d 

Division, to January 15th, 1821, 10 48 

Clapp, William W. 2d Regiment, 3d Brigade, 

1st Division, to January 15th, 1821, 16 50 

Carey, Leonard, 1st Regiment, 1st Brigade, 7th 

Division, to February, 1820, 10 00 

Chase, James, 2d Regiment, 1st Brigade, 13th Di- 
vision, to March 15th, 1820, 22 33 

Day, Alfred, Artillery, 2d Brigade, 1st Division, 

to January 15th, 1821, 30 94 

Edwards, Elisha, 1st Regiment, 1st Brigade, 4th 

Division, to January, 1821, 20 20 

Frost, Elisha, Artillery, 1st Brigade, ad Divi- 
sion, to January 15th, 1821, 27 10 

Gates, Abraham, 1st Regiment, 2d Brigade, 3d 

Division, to January, 1821, 15 00 

Gragg, Moses, 1st Regiment, 2d Brigade, 1st Di- 
vision, to January 15th, 1821, 51 06 

Haskins, Robert R. Cavalry, 1st Brigade, 10th 

Division, to March 15th, 1820, 9 95 



MILITARY ACCOUNTS. 305 

Haskell, Joseph, Cavalry, 1st Brigade, 5th Divi- 
sion, to October 1st, 1820, 15 00 

Hamblin, Joseph, 2d Regiment, 3d Brigade, 5th 

Division, to January, 1821, 15 00 

Low, Joseph L. 3d Regiment, 2d Brigade, 2d Di- 
vision, to January, 1821, 16 94 

Lincoln, Asa, 5th Regiment, 1st Brigade, 4th Di- 
vision, to January, 1821, 10 35 

Mayhew, Greorge, 5th Regiment, 2d Brigade, 4th 

Division, to January, 1821, 17 20 

Mann, Ebenezer, 4th Regiment, 1st Brigade, 3d 

Division, to January, 1821, 24 98 

Miles, Josiah, 3d Regiment, 2d Brigade, 7th Di- 
vision, to January, 1821, 40 85 

Newcomb, H. Gr. 5th Regiment, 2d Brigade, 7th 

Division, to April 8th, 1820, 1 97 

Osborn, George, 1st Regiment, 1st Brigade, 2d Di- 
vision, to April 3d, 1821, 12 36 

Osborn, Richard, Junior, 5th Regiment, 1st Brig- 
ade, 2d Division, to January, 1821, 14 06 

Pynchion, George, Artillery, 1st Brigade, 9th Di- 
vision, to January, 1821, 6 06 

Rockwell, Uzael, 1st Regiment, 1st Brigade, 4th 

Division, to January, 1821, 14 68 

Rogers, Daniel W. 2d Regiment, 1st Brigade, 2d 

Division, to January, 1821, 13 13 

Sexton, George, 1st Regiment, 2d Brigade, 9th 

Division, to January 15th, 1821, 15 00 

Sturtevant, John A. Cavalry, 2d Brigade, 5tli Di- 
vision, to January 1821, 30 02 

Sever, James, Junior, 1st Regiment, 1st Brigade, 

5th Division, to January, 1820, 17 88 

Sargent, Patten, 4th Regiment, 2d Brigade, 2d 
Division, to September, 1820, 13 26 

Salmon, William, 2d Regiment, 1st Brigade, lOtli 

^ Division, to March 15th, 1820, 108 97 



306 MILITARY ACCOUNTS. 

Sales, llichard, Cavalry, 2d Brigade, 1st Divi- 
sion, to January 15 th, 1821, 43 10 

Tucker, Seth, Artillery, 1st Regiment, 1st Brig- 
ade, 1st Division, to January 15th, 1821, 33 98 

Thompson, C. 3d Regiment, 1st Brigade, lltli 

Division, to March 15th, 1820, 127 79 

Taylor, Henry, 2d Regiment, 2d Brigade, 5th Di- 
vision, to January, 1821, 13 78 

Thompson, Arad, 4th Regiment, 1st Brigade, 5th 

Division, to January 15th, 1821, 12 50 

Treadwell, Thomas, 4tli Regiment, 1st Brigade, 

10th Division, to March 15tli, 1820, 68 13 

Wright, Simeon W. 3d Regiment, 2d Brigade, 

9th Division, to January, 1821, 10 06 

Wright, David, Cavalry, 2d Brigade, 4fch Divi- 
sion, to January, 1821, 18 12 

Wild, W. C. 1st Regiment, 1st Brigade, 8th Di- 
vision, to March 15th, 1820, 29 12 

Wild, Jonathan, Junior, 3d Regiment, 1st Brig- 
ade, 1st Division, to January, 1821, 43 75 

Bailey, Holloway, 2d Regiment, 2d Brigade, 7th 

Division, to January 15th, 1821, 19 86 

Newhall, Joseph W. 5th Regiment, 1st Brigade, 

3d Division, to January 15th, 1821, 15 00 

Bent, James, 2d Regiment, 2d Brigade, 1st Divi- 
sion, to February 4th, 1820, 29 73 

Sedgwick, Charles, Cavalry, 1st Brigade, 9th Di- 
vision, to January, 1821, 3 57 



Brigade Majors^ and other Military Services. 

Carr, Joshua W. 1st Brigade, 10th Division, to 

March 15th, 1820, 25 37 

Sampson, Jo, 3d Brigade, 5tli Division, to May 

25th, 1820, 22 05 



SHERIFFS' AND CORONERS' ACCOUNTS. 307 

Yarnum, Joseph B. Major General, for two clays' 
investigating a dispute in Colonel Bowers' Reg- 
iment, 10 00 

Williams, John S. for summoning to a Court of 
Inquiry, in addition to Avhat he was allowed 
before, 2 94 

Jackson, Greorge, for his attendance as a witness 

at a Court of Inquiry, 1 50 

Haskell, Jonah, for his attendance as a witness at 

a Court of Inquiry, 1 50 

Morse, Moses L. Adjutant, 5tli Regiment, 1st Bri- 
gade, 7tli Division, to January, 1821, 15 00 

Total Military Accounts, 82,417 26 



SHERIFFS' AND CORONERS' ACCOUNTS. 

Austin, Nathaniel, Sheriff of Middlesex County, 

for returning votes, &c. to January, 1821, 23 83 

Brown, Henry C. Sheriff of Berkshire County, 

for returning votes, &c. to January, 1821, 302 70 

Crane, Elijah, Sheriff of Norfolk County, for re- 
turning votes, &c. to January, 1821, 53 49 

Davis, Wendell, Sheriff of Barnstable County, for 

returning votes, &c. to January, 1821, 14 00 

Goodwin, Ichabod, Sheriff of York County, for 

returning votes, &c. to March 15th, 1820, 21 25 

Hoyt, Epaphras, Sheriff of Franklin County, for 

returning votes, &c. to January, 1821, 42 00 

Lyman, Joseph, Sheriff of Hampshire County, for 

returning votes, &c. to January, 1821, 50 00 

Leonard, Horatio, Sheriff of Bristol County, for 

returning votes, &c. to January, 1821, 19 20 

Lawrence, Jeremiah, Sheriff of Nantucket County, 

for returning votes, &c. to January, 1821, 81 60 

Robbins, Chandler, Sheriff of Kennebeck County, 

for returning votes, &c. to March 15th, 1820, 17 00 

f 



308 MISCELLANEOUS ACCOUNTS. 

Hayward, N. Sheriff of Plymouth County, for re- 
turning votes, &c. to January, 1821, 38 60 

Ward, Thomas W. Sheriff of Worcester County, 

for returning votes, &c. to January, 1821, 35 55 

Worth, Jethro, Sheriff of Dukes' County, for re- 
turning votes, &c. to January, 1821, 39 28 

Badger, Thomas, Coroner of Suffolk County, for 

taking an inquisition, &c. to January, 1821, 124 38 

Chapel, William, Junior, Coroner of Berkshire 
County, for taking an inquisition, &c. to Janu- 
ary, 1821, 16 00 

Foot, Enoch, Coroner of Essex County, for taking 

an inquisition, &c. to January, 1821, 13 40 

Groodwin, Nathaniel, Coroner of York County, for 

taking an inquisition, &c. to March 15th, 1820, 20 00 

Lang, William, Coroner of Essex County, for 

taking an inquisition, &c. to January, 1821, 14 20 

Pike, Joseph, Coroner of Essex County, for taking 

an inquisition, &c. to January, 1821, 16 90 

Stowers, Joseph, Coroner of Suffolk County, for 
taking an inquisition, &c. to January, 1821, 17 33 

Withington, Elbenezer, Coroner of Norfolk Coun- 
ty, for taking an inquisition, &c. to January, 
1821, 18 33 

Total Sheriffs' and Coroners' Accounts, S979 04 



MISCELLANEOUS AND PRINTEUS' ACCOUNTS. 

Committee to examine the Treasurer's Account, 
the past year, viz. : 

Honorable John Welles, 14 00 

ii Robert Rantoul, - - - - 14 00 

« John Hooper, 14 00 

" Jonas Sibley, 14 00 

Lemuel Shaw, Esquire, - - - - - 14 00 

jg70 00 



9 00 


9 00 


9 00 


9 00 



MISCELLANEOUS ACCOUNTS. 309 

Committee to examine and settle with the Com- 
missioners of the Land Office, and reported at 
the present session, viz. : 

Honorable P. C. Brooks, 

" John Welles, 

Warren Dutton, Esquire, - - - - - 

Sherman Leland, Esquire, - _ . _ 

' S36 00 

Woods, Sampson, Esquire, for procuring, and 
bringing forward witnesses, before a Commit- 
tee of the House of Representatives, to inquire 
into the conduct of James Prescott, Esquire, 
Judge of Probate for the County of Middlesex; 
said persons are named in said Woods' account, 
with the sum each person is entitled to, January 
30th, 1821, 103 58 

Low, John V. Assistant Messenger to the General 
Court, twenty nine days, to February 10th, 
1821, 58 00 

Bacon, Henry, Assistant Messenger to the General 
Court, twenty nine days, to February 10th, 
1821, 58 00 

Cutting, Elijah W. Assistant Messenger to the 
General Court, twenty nine days, to February 
10th, 1821, 58 00 

Chase, Warren, Assistant Messenger to the Gen- 
eral Court, thirty one days, to February 10th, 
1821, 62 00 

Rider, Margaret, for her son, as Page to the House 
of Representatives, twenty eight days, to Feb- 
ruary 10th, 1821, 28 00 

Allen, Phineas, for printing Acts and Resolves, 

for the year 1820, 16 67 

Denio & Phelps, for printing Acts and Resolves, 
for the year 1820, 16 67 



310 MISCELLANEOUS ACCOUNTS. 

Ballard & Wright, for advertising, &c. to Janu- 
ary 1st, 1821, 12 50 

Clapp, William W. for printing Acts and Re- 
solves, and advertising, to January 26tli, 1821, 19 41 

Loring, James, for two dozen Registers, for the 

Council Chamber, 20 00 

Russell, Benjamin, by Russell and Gardner, for 
all kinds of printing for the Government, Con- 
vention, &c. to February 10th, 1821, 734 83 

Boston Board of Health, for repairs at Rainsford 

Island, to January 15th, 1821, 437 47 

Agricultural Society of Massachusetts, for exper- 
iments at the Botanical Garden, and Wells & 
Lilly, for printing Journal, to February, 1821, 1000 00 

Russell, Benjamin, for printing of all kinds for 

the Government, to January 1st, 1821, 80 17 

Wheeler, John H. for work and materials, for and 

about the State House, to January 1st, 1821, 271 92 

Lincoln, Amos, for work and materials, for the 

State House, to 1821, 58 50 

Burditt, James W. for stationary, &c. furnished 

the Government, to February 8th, 1821, 223 38 

Otis & Thaxter, for boards, plank and timber, for 

the State House, to February 8th, 1821, 20 42 

Bird, Abraham, for lumber, &c. furnished for the 

State House, to February 8th, 1821, 39 07 

How, Thomas & Robert, for labor and materials, 

for the State House, to February 8th, 1821, 19 00 

Bradley, Samuel, for a variety of materials, fur- 
nished for the State House, to February 8th, 
1821, 45 92 

Thompson, James, for articles furnished for the 

State House, to February 8th, 1821, 74 32 

Durant, William, for cleaning and furnishing glass, 

to February 8th, 1821, 35 00 



KESOLVE TO ROLL, NO. a4. 311 

Blaney, Henry, for work and materials, for the 

State House, to February 8th, 1821, 47 45 

Russell and Gardner, for paper and printing for 
the several Offices, and for other printing for 
Grovernraent, 695 97 

Clark, Greorge, for four reams of paper, for the 

Secretary's Office, to February 12th, 1821, 19 00 

Total Miscellaneous Accounts, 84,361 25 



Aggregate of Roll, JVo. 84. 

jixpense of State Paupers, - - - - 27,980 89 

^' « of Militia, 2,417 26 

(' « of Sheriffs and Coroners, - - 979 04 

' " for Miscellaneous Expenses, - - 4,361 25 

. S35,738 44 

* JResolvedy That there be allowed and paid out of the 
public treasury, to the several corporations and persons 
mentioned in this Roll, the sums set against such corpora- 
tions and persons' names, respectively, amounting in the 

. whole to the sum of Thirty Five Thousand, Seven Hun- 
dred, Thirty Eight Dollars and Forty Four Cents ; the 
same being in full discharge of the accounts and demands 
to which they refer. 

February IQth, 1820 Approved, 

JOHN BROOKS. 

41 



t 

I*' 



RESOLVES 



GENERAL COURT OF MASSACHUSETTS, 

PASSED AT A SESSION, BEG^N^fING APRIL THE SEVENTEENTH, AND 

ENDING APRIL THE TWENTY EIGHTH, EIGHTEEN 

HUNDRED AND TWENTY ONE. 



CHAP. LV. 

Governor's Message. April 18th, 1821. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

During the late recess, 1 received from the Executive of 
the State of Maine, sundry resolutions of the Legislature of 
that State, ratifying and confirming the agreement made and 
concluded by and between a Committee appointed by a re- 
solve of the Legislature of this Commonwealth, passed the 
third of February last, on the one part, and a Committee ap- 
pointed by a resolve of the State of Maine, passed the 
twenty ninth of January last, on the other part ; by vy^hich 
agreement the Commonwealth engages, for the considetation 
expressed in the said agreement, to sell and convey to the 
State of Maine, all the right, title and interest of the Com- 
monwealth, in and unto all the lands owned by the Com- 
monwealth, which lie within the limits of the State of 
Maine. During the same period, I received a communica- 
tion from the Governor of the State of Maryland, accom- 
panied by a report of a Committee of the Senate, and sundry 
resolutions of the Legislature of that State, relative to the 
appropriation of public lands, the common property of the 
Union, for the purposes of education. 



GOVERNOR'S MESSAGE. 313 

I have likewise received from the Governor of the State 
of Illinois, sundry resolutions of the Legislature of that 
State, relating to an amendment of the Constitution of the 
United States, proposed to the consideration of the several 
States by the State of Pennsylvania ; to another amendment, 
proposed by the State of Vermont, for forming the several 
States into districts for the choice of Representatives in the 
Congress, and for the appointment of Electors of President 
and Vice President of the United Statfes ; and to another 
amendment proposed by the State of Kentucky, for restrict- 
ing the power of Congress in varying the compensation of 
its members. 

All the abovementioned documents will be laid before 
you by the Secretary. 

JOHN BROOKS. 

Council Chamber f April ISth) 1821. 



CHAP. LVI. 

Resolve authorizing the Town of Beverly to elect a Collec- 
tor of Taxes, April 25th, 1821. 

Resolved, That the inhabitants of the Town of Beverly 
shall be, and they are hereby authorized to elect a Collector 
of Taxes for said town, at the annual May meeting for the 
present year ; the choice of such an officer not having beeu 
made at the annual March meeting, as by law provided ; 
and the Collector so chosen, shall have the same powers as 
if he had been chosen at the regular time. 



CHAP. LVII. 

Resolve on petition of John Russell and others. 
April 28th, 1821. 

On the petition of John Russell, Simon Gardner, Edward 
Renouf; and Samuel H. Bridge, praying that the Solicitor 



f 



314 SALE OF EASTERN LANDS. 

General may be directed to refrain from a further prosecu- 
tion of certain suits instituted against them : 

Mesolved, That for the reasons set forth in said petition, 
the Solicitor General be, and he hereby is directed and em- 
powered, on the payment of all costs that have accrued, to 
stay all further proceeding, in the suits instituted by him in 
behalf of this Commonwealth against the aforesaid petition- 
ers, for an alleged breach of an act, entitled *< an act regu- 
lating the management and drawing of lotteries in certain 
cases, within this Commonwealth,^' by advertising a scheme 
and having in possession, with intent to sell and negotiate 
tickets of a certain lottery called the N ational Lottery. 



CHAP. LVIII. 

Resolve referring the subject of the Sale of Eastern Lands j 
to the State of Maine, April 28th, 1821. 

Whereas the contract made by and between the respect- 
ive Committees of Massachusetts and Maine, on the subject 
of the Eastern Lands, have been referred by the House of 
Representatives to the next session of the General Court : 

And whereas this reference has not taken place from any 
decided disapprobation of the terms of that contract, on the 
part of the House, but in consequence of the greatness of the 
subject, and its important bearings upon the interests of this 
Commonwealth, and because, at the present session, inas- 
much as it is of an extraordinary nature, and for a special 
purpose, and has been attended by very few members, it 
could not, in the apprehension of the members present, be 
so intelligently discussed, or satisfactorily decided, as at a 
usual session, and with a full representation of all the people 
of the Commonwealth : Therefore, 

Resolved, That the Legislature of this Commonwealth 
will, at the next session of the General Court, take the said 
contract into consideration, and decide upon the expediency 
of accepting or rejecting the same. 

Resolved, That His Excellency the Governor of this 
Commonwealth be requested to communicate the preceding 
resplution to the Governor of the State of Maine, for the 



PAY OF WITNESSES. 315 

purpose of apprising the Legislature and people of that 
State of the reasons which have occasioned this postpone- 
ment ; and of indicating the willingness of the Legislature 
of this State, by thus leaving the contract open to both 
States, to give to each an opportunity for a farther and more 
full reflection upon the subject : to the end to any arrange- 
ment which may take place, may, with more certainty, 
eventuate in the perfect satisfaction of the people of both 
States. 



CHAP. LIX. 

Resolve to pay Witnesses on Trial of Judge Prescott. 
April 28th, 1821. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to the following persons, the 
sum set against their names respectively, for their travel, 
attendance and services, as witnesses or officers, in the trial 
of the impeachment against James Prescott, Enquire. 

To Isaac Fiske, twenty two dollars and eight cents. 
Benjamin Dix, seven dollars and twenty four cents. 
Abel Tarbell, ten dollars and fifty four cents. 
Jonathan Loring, ten dollars and thirty cents. 
Peter Stevens, eight dollars and twenty eight cents. 
Lemuel Parker, eight dollars and twenty cents. 
Joseph Butterfield, ten dollars and thirty cents. 
Alpheus Ware, thirteen dollars and nine cents. 
Amos Wood, two dollars and fifty cents. 
Josiah Crosby, six dollars and sixty cents. 
Samuel Whitney, six dollars and sixty cents. 
John Walker, eight dollars and fifty four cents. 
Benjamin Wyman, seven dollars and five cents. 
John Wood, eight dollars and fifty four cents. 
Joseph Parker, three dollars and seventy five cents. 
Rufus Brewer, one dollar and sixty nine cents. 
Nathaniel Austin, one dollar and fifty six cents. 
Sampson Woods; twenty dollars and twenty eight cents. 



316 INVENTORY OF MILITARY STORES. 

And that the Governor be requested to draw his warrant 
on the treasury for the payment of the same. 



CHAP. LX. 

Resolve authorizing the appointment of two persons to make 
an Inventory of Military Stores in the Qiiarter Master 
GeneraVs Department. April 28th, 1821. 

Resolved, That His Excellency the Governor be, and he 
hereby is authorized, by and with the consent and advice of 
the Council, to appoint two suitable persons to make a full 
and complete inventory, in kind, quantity and quality, of all 
public property now in the department of the Quarter Mas- 
ter General ; and to draw his warrant on the treasury for 
the amount of their reasonable compensation for the services 
which they may render in virtue of this resolve. 

Resolved further, That the Adjutant General be, and he 
hereby is authorized and empowered to employ an additional 
Clerk in his office, until the end of the first session of the 
next General Court. 



CHAP. LXI. 

Resolve granting Jacob ICuhn two hundred dollars to pur- 
chase necessaries for the General Court, 
April 28th, 1821. 

Resolved, That there be paid out of the treasury of this* 
Commonwealth, to Jacob Kuhn, Messenger of the General 
Court, the sum of two hundred dollars, to enable him to 
purchase such articles, as may be necessary for the use of 
the General Court, together with the Governor and Council 
Chamber, the Secretary's, Treasurer's, and Adjutant Gen- 
eral's Offices ; he to be accountable for the expenditure of 
the same. 



GOVERNOR'S MESSAGE. 317 



CHAP. LXII. 

Hesolve to pay the Clerks of the General Court. 
April 28th, 1821. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to Samuel F. McCleary, 
Clerk of the Senate, and Benjamin Pollard, Clerk of the 
House of Representatives, eighty four dollars each ; and to 
John Farrie, Junior, Assistant Clerk of the Senate, sixty 
dollars, in full for their services in said offices the present 
session of the General Court. 

Also, that there be paid as aforesaid, to the Clerk of the 
Senate, the further sum of ninety dollars, in full for his ser- 
vices as Clerk of the Court of Impeachment, for the trial of 
James Prescott, Esquire, previous to the present session, 
including his services in making up the record thereof, and 
certifying a copy to His Excellency the Governor, agreeably 
to a vote of the Senate. 



CHAP. LXIII. 



Governor's Message. April 23d, 1821. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

By an act passed on the sixteenth of February last, provi- 
sion was made for transferring the duties of the Quarter Mas- 
ter General to the Adjutant General. Since which time, it has 
occurred to me that it would be proper, and for the interest 
of the Commonwealth, that an accurate survey should be had 
of all the cannon, muskets, and other munitions of war, de- 
posited in the arsenals of the State. Many of the articles 
which were accumulated during the late war, and were then 
deemed indispensably necessary for the public defence, are 
now superfluous, and some of them are liable to injury and 
decay for want of use. Should a survey be appointed, and 



318 GOVERNOR'S MESSAGE. 

on examination it should be found that some of the military 
stores might be disposed of, the Commonwealth, by adopting 
that measure, would not only realize the avails of the sale 
of such articles ; but, by reducing the quantity, might save 
some expenses annually, which would otherwise be requisite 
for their preservation. But besides considerations of a pru- 
dential and economical nature, the transfer, at the present 
time, of a great but indeiinite amount of property, to an 
officer who is to be considered as accountable for its safety, 
and the necessity of an accurate inventory of all tlie muni- 
tions of war being provided, with a view to a just division 
of the same with the State of Maine, are in my mind con- 
clusive reasons in favor of the measure now suggested. 

In order to place the subject of the ordnance stores be- 
longing to the Commonwealth, together with that of trans- 
ferring the care of the same to the Adjutant General, in a 
more distinct and specific form before you, I shall here- 
with submit to your consideration the report of the Honora- 
ble Richard Sullivan and the Honorable Thomas Greenleaf, 
w^ho were appointed an executive Committee on the sixteenth 
of February last, to inspect the arsenals of the Common- 
wealtli, and other repositories of the property appertaining 
to the Quarter Master General's Department, preparatory to 
the transfer of the same to the care of the Adjutant General. 
That report, and a letter from Brigadier General Sumner, 
the Adjutant General of the State, dated the eleventh instant, 
which will at the same time be laid before you, will furnish 
the two Houses with the best information I possess on the 
subject to which I invite your attention. 

With the documents already mentioned, the Secretary 
will lay before you a memorial of Brigadier General Davis, 
the Quarter Master General, agreeably to the wishes of that 
officer, on the subject of the act for transferring the duties of 
the Quarter Master General's Department to the Adjutant 
General. 

JOHN BROOKS. 

Council Chamber, <April 23rf, 1821. 



INDEX 

TO THE RESOLVES PASSED IN JANUARY, FEBRUARY AND APRIL, 1821, 



A. 

Adjutant General to have a Second Clerk for a limited time, - 316 

B. 

Bank, Cumberland, Treasurer to refund gl 000, - - - 280 

Beverly, to choose Collector of Taxes, at May meeting, - - 313 

Bridge, at Chester, tax for building, ----- 282 

c. 

Chaplains of Legislature, allowance to, - - - - - 292 

Claims on United States, 288 

Clerks of Legislature, allowance to, . - _ - 291, 317 

Chester, Bridge, to be built by county tax, - _ - - 282 

Committee on Accounts, __---.-. 289 

County taxes granted, ----...- 285 

D. 

Drowne, Catharine, deed of land to be given her, and others, - 287 

G. 

Gay Head Indians, 289 

Governor's Message, - - - 278, 280, 284, 287, 312, 317 

L 

Iron, old, Messenger to sell it, - - - - - - 280 

Indians at Gay Head, - -.- - - - - - 289 

L. 

Land Office, Agent of, petition respecting deed to C. Drowne, - 287 

Lands in Maine, proposal for selling, . - - 283, 285, 314 

« location of, 290 

Lock, Ward, Assistant Messenger, 2j90 



INDEX. 



M. 



Maine, Public Lands in, proposal to sell, - - - 283,285,314 

Messenger to sell Old Iron, 280 

" money allowed for expenses, 280 

P. 

Pease, Naomi, empowered to give a deed to T. Pomeroy, - 278 

Pittsfield, Taxes in, for 1815, 1816 and 1817, to be collected, - 282 

Precinct, Second, in Rochester, doings made valid, - - - 281 

Prison, State, appropriation for, 279 

Pollard, Benjamin, allowance to, - - - - - - 290 

Prescott, Judge, Witnesses in his trial paid, - _ - . 315 

Q. 

Quarter Master General's Department, account of articles in, to be 

taken, 316 

R. 

Rochester, doings of First Parish made valid, - - - 281 
Russell, John, and others, not to be prosecuted for advertising 

tickets, •--- 314 



State Prison, appropriation for, 279 

Sparhawk, Benjamin, pension, 288 

T. 

Taxes in Pittsfield, to be collected for 1815, 1816 and 1817, - 282 

" for several counties, granted, 285 

Treasurer to refund g 1000 to Cumberland Bank, - - - 280 

" to borrow money, - 286 

Tilton, Nathan F. pension, 288 

U. 

United States, claims on, - - - 288 

W. 

Walcutt, Thomas, allowance to, 291 

Witnesses in trial of Judge Prescott, paid, 315 



CjomioaonweaVtl^ oi Massacliusetts. 



SECRETARY'S OFFICE, MAY 10, 1821. 

BF THIS I CERTIFY, That the Resolves contained in this pam- 
phlet, have been compared with the originals in this ofiBce, and appear to 
be correct. 

ALDEN BRADFORD, 

Secretary of Commonwealth. 



RESOLVES 



THE GENERAL COURT 



CommottUjealtJ) of JHIajS^atliu^ettjJ, 



PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY. THE THIRTIETH OF MAY, AND 

ENDED ON SATURDAY, THE SIXTEENTH OF JUNE, ONE THOUSAND 

EIGHT HUNDRED AND TWENTY ONE. 



Published agreeably to a Resolve of the 16th of January, 1813< 




BOSTON: 

BENJAMIN RUSSELL, PRINTER TO THE STATE. 

Printed by Russell and Gardner. 

1821. 



CIVIL GOVERNMENT 

OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

FOR THE POLITICAL YEAR 1821....22. 
HIS EXCELLENCY 

JOHN BROOKS, ESQUIRE, 

GOVERNOR. 

HIS HONOR 

WILLIAM PHILLIPS, ESQUIRE, 

LIEUTENANT GOVERNOR. 



COUNCIL. 

HON. SAMUEL CROCKER, 

" SILAS HOLMAN, 

'i RICHARD SULLIVAN, 

" THOMAS GREENLEAF, 

^^ DANIEL NOBLE, 

'i WILLIAM REED, 

" SAMUEL PORTER, 

" ABRAHAM HOLMES, 

" JOSEPH LOCKE. 



ALDEN BRADFORD, ESQUIRE, 

SECRETARY OF THE COMMONWEALTH. 

HONORABLE DANIEL SARGENT, 

TREASURER OF THE COMMONWEALTH. 



SENATE. 



HONORABLE JOHN PHILLIPS, 

PRESIDEJ^T. 



SUFFOLK DISTRICT. 

Hon. John Phillips, Hon. Warren Dutton, 

John Welles, Lemuel Shaw, 

Jonathan Hunewell, Joseph Tilden. 

ESSEX DISTRICT. 

Hon. Israel Bartlett, Hon. Hobart Clark, 

Robert Rantoul, John Glen King. 

Ebenezer Moseley, 

MIDDLESEX DISTRICT. 

Hon. Joseph B. Varnum, Hon. William Austin. 
William Whittemore, 

PLYMOUTH DISTRICT. 

Hon. John Thomas, Hon. William Bourne. 

NORFOLK DISTRICT. 

Hon. Benjamin Reynolds, Hon. John Ruggles. 

BRISTOL DISTRICT. 

Hon. John M. Williams, Hon, Oliver Starkweather. 



BENATE. 321 

BARNSTABLE, DUKES' COUNTY AND 
NANTUCKET DISTRICT. 

Hon. Elijah Cobb. 

WORCESTER DISTRICT. 

Hon, Aaron Tufts, Hon. John Shepley^ 

Salem Town, Jr. Nathaniel Jones. 

HAMPSHIRE DISTRICT. 

Hon. Elihu Hoyt, Hon. Mark Doolittle, 

Jonathan D wight, Jr. Alanson Knox. 

BERKSHIRE DISTRICT. 

Hon. Phinehas Allen, Hon. Lemuel Moffitt. 



SAMUEL F. M'CLEARY, Esq. Clerk. 
JOHN FARRIE, Jr. Esq. Assistant Clerk. 
Rev. JOHN PIERPONT, Chaplain. 



HOUSE OF REPRESENTATIVES. 



HONORABLE JOSIAH QUINCY9 

SPEAKER, 



COUNTY OF SUFFOLK. 

Boston^, Josiah Quincy, 

Benjamin Russell, 
, Thomas H. Perkins, 

William Prescott, 
' William Tudor, 
Lynde Walter, 
James Savage, 
Benjamin West, 
Nathan Appleton, 
John Cotton, 
Gedney King, 
Enoch Silsby, 
Peter C. Brooks, 
Joseph Lovering, 
George W. Otis, 
Nathan Hale, 
Jonathan Phillips, 
Heman Lincoln, 
Edmund Winchester, 
Francis C. Oray, 
Theodore Lyman, Junior, 
Henry Bass, 



HOUSE OF REPRESENTATIVES. 323 



Boston, 



Chelsea. 



Ameshury, 

Andover, 

Beverly, 

Boxford, 

Bradford, 

Danvers, 

Essex, 

Gloucester, 

Hamilton, 

Haverhill, 

Ipswich, 

Lynn, 

Lynnfield, 

Manchester, 

Marhlehead, 

Methuen, 

Middleton, 

JSTewhury, 

JVeivburyport, 

Rowley, 
Salem, 



Eliphalet Williams, 
William Shimmin, 
Francis J. Oliveit". 

ESSEX. 

Stephen Sargent. 
Stephen Barker. 
Josiah Lovett. 
Moses Dorman. 
William Grreenougli. 
Nathan Felton. 

William W. Parrott. 

Moses Wingate. 
John Choate. 
Ezra Mudge. 



John Hooper. 
Benjamin Osgood. 

Silas Little. 

Stephen W. Marston, 

Abner Wood. 

Solomon Nelson, Junior. 

Nathaniel Silsbee, 

Stephen White, 

Michael Sheppard, 

Joseph Ropes, 

Joseph E. Sprague, 

David Cummins, 

Nathaniel Frothingham, 

John Punchard, 

Benjamin W. Crowninshield, 

Joseph Winn. 



324 HOUSE OF REPRESENTATIVES. 



Salishuryy 


Samuel Marsh. 


Saugus, 


Abijah Cheever. 


Topsfield^ 




Wenham, 




West JS'ewhury, 


Daniel Emery. 


» 


MIDDLESEX. 


Acton, 


Joseph Noyes. 


Ashhy, 




Bedford, 


William Webber. 


Billerica, 


Joseph Locke. 


Brighton, » 


Gorham Parsons. 


Burlington, 




Cambridge, 


William Hilliard. 


Carlisle, 


John Heald. 


Charlestown, 


Thomas Harris, 




John H. Brown, 




Philemon R. Russell 


Chelmsford, 


Jonathan Perham. 


Concord, 


John Keyes. 


Dracut, 




Dunstable, 




East Sudbury, 


Micah M. Rutter. 


Framingham, 


John Trowbridge. 


Groton, 


Luther Lawrence. 


Holliston, 


John Mellen. 


Hopkinton, 




Lexington, 


Nathan Chandler. 


Lincoln, 


Elijah Fiske. 


Littleton, 


Jonathan Manning. 


Maiden, 




Marlborough, 


Silas Shelton. 


Medford, 


Turell Tufts. 


JSTatick, 




JSTewtdn, 


Joseph Jackson. 


Pepperell, 


Abel Jewett. . 


Heading, 


Daniel Flint. 



HOUSE OF REPRESENTATIVES. 335 



Sherburne, 


Calvin Sanger. 


Shirley, 




South Reading, 


John Hart. 


Stoneham, 




Stow and Boxhorough, 


Augustus Tower. 


Sudbury, 


Isaac Gribbs. 


Tewksbury, 




Townsend, 


Aaron Warren. 


Tyngsborough, 




Waltham, 


Luke Fiske. 


Watertown, 


Levi Thaxter. 


West Cambridge, 


Thomas Russell. 


Westford, 


Thomas Fletcher. 


Weston, 


George W. Smith. 


Wilmington, 




Woburn, 


John Wade. 


WORCESTER. 


Ashburnham, 


Joseph Jewett. 


Mhol, 


James Humphreys. 


Barre, 


Oliver Harding. 


Berlin, 


Amos Sawyer. 


Bolton, 


Bernard Nurse. 


Boylston, 


Aaron White. 


Brookfield, 


Joseph W. Hamilton, 


Charlton, 


Samuel Hall. 


Dana, 




Douglas, 




Dudley, 


William Winsor. 


Fitchburg, 




Gardner, 




Gerry, 




Grafton, 




Hardwick, 


Timothy Paige. 


Harvard, 




Holden, 


Ethan Davis. 


Hubbardston, 


Daniel Woodward. 


43 





336 HOUSE OF REPRESENTATIVES 



Lancaster, 

Leicester, 

Leominster, 

Lunenburg, 

Mendon, 

Milford, 

Milhury, 

^ew Braintree, 

JSTorthborough, 

J\f*orthbridge, 

JSTorth Brookfield, 

Oakham, 

Oxford, 

Paxton, 

Petersham, 

Princeton, 

Phillipston, 

Hoyalston, 

Midland, 

Shrewsbury, 

Southborough, 

Southbridge, 

Spencer, 

Sterling, 

Sturbridge,' 

Sutton, 

Templeton, 

Upton, 

Uxbridge, 

Ward, 

TVestborough, 

West Boylston, 

Western, 

Westminster, 

Winchendon, 

Worcester, 



Jacob Fislier. 
John Hobart. 
Jonas Kendall. 

Daniel Thurber. 
Pearly Hunt. 

Gideon Delano. 



Abijali Davis. 
Samuel Harrington > 

David Rice. 
John Doane. 
Rufus Bullock. 
Joel Davis. 

Dexter Fay. 
Calvin Amidown. 

James Wilder, 
Luther Rugg. 

Jonas Sibley. 

Ezra Wood. 
Bazalael Taft, Junior. 



Oliver Bliss. 



Abraham Lincoln. 



HOUSE OF REPRESENTATIVES. 



3^7 



JlmJierst, 

Belchertowriy 

Chesterfield, 

Cummington, 

Easihamjptoriy 

Enfield, 

GosJieriy 

Granhy, 

Greenwich, 

Hadley, 

Hatfield, 

Middlefield, 

JSTorthampton, 

JSTorwich, 

Pelham, 

Plainfield, 

South Hadley, 

Southampton, 

Ware, 

JVesthampton, 

JVilliamsburg, 

Worthington, 

Blanford, 

Brimfield, 

Chester, 

Granville, 

Holland, 

liOngmeadow, 

Ludlow, 

Monson, 

J\Iontgomery, 

Palmer, 

Mussell, 

South Brimfield, 



HAMPSHIRE. 

Nathan Franklin. 
Joseph Bridgman, Junior. 



Thaddeus Clapp. 
Jesse Forbes. 



Eli Dickinson. 



Charles P. Phelps^ 



James Dickinson. 



Elijah Warner. 
Joseph Strong, Junior^ 



John Wells. 
Trowbridge Ward. 

HAMPDEN. 

David Blair, Junior. 
Stephen Pynchon. 
Horace Smith. 
Joel Root. 

Oliver Bliss. 

Abijah Newell. 



Samuel Webber. 



338 HOUSE OF REPRESENTATIVES. 



South wick, 


Joseph Forward. 


Sjpringfield, 


George Bliss. 


Tolland, 


Henry Hamilton. 


Wesfjield, 


James Fowler. 


West Sjjringfield f 


Caleb Rice. 


Wilbraham. 






FRANKLIN. 


Mijleldj 




Barnardston, 


Hatsel Purple. 


Bucklandf 


Joseph Grriswold. 


Charlemontf 


Stephen Bates. 


Colraine, 


Robert L. McClallen 


Conway, 


Joel Parsons. 


Deerjield, 


Rufus Saxton. 


Gill, 




Greenfield, 


Solomon Smead. 


Hawley, 




Heath, 


Ephraim Hastings. 


Leverettf 




Leyden, 


George Mawry. 


Montague, 




JSTew Salem, 


Varney Pearce. 


J^torthfield, 




Orange, 




Howe, 




Selburne, 


William Wells. 


Shutesbury, 




Sunderland, 




Warwick, 


Caleb Mayo. 


Wendell, 


Joshua Greene. 


Whately, 




Ervin Grant. 






BERKSHIRE. 


Adams, 


Richmond Brown. 


Mford, 





HOUSE OF REPRESENTATIVES. 



339 



Becket, 

Cheshire, 

Clarksburg, ^ 

Dalton, 

Egremont, 

Florida, 

Great Barrington, 

Gore, 

Hancock, 

Hinsdale, 

Lanesborough, 

Lee, 

Lenox, 

Mount Washington, 

JVew Jlshford, 

J\*ew Marlborough, 

Otis, 

Peru, 

Pittsfield, 

Richmond, 

Sandisfield, 

Southjield, 

Savoy, 

Sheffield, 

Stockbridge, 

Tyringham, 

Washington, 

West Stockbridge, 

Williamstown, 

Windsor, 

Zoar. 



Bellingham, 

Braintree, 

Brookline, 



George Conant. 
Francis Fisk. 



Isaac L. Vandeusen. 

John Gardner. 

John Young. 
Gershom Bassett. 
Charles Mattoon. 



Zenas Wheeler. 
Lestei; Filley. 

Jonathan Allen, 
William C Jarvis. 



George Hull. 



Robert F. Barnard. 
Isaac Curtis, Junior. 

Jasper Morgan. 

Keyes Danforth. 
Noah Greene. 

NORFOLK. 

Benjamin Hall. 
Minot Thayer. 
John Robinson. 



340 HOUSE OF REPRESENTATIVES. 



Canton, 

CoJiasset, 

Dedham, 

Dorchester, 

Foxhoroiigh, 

Franklin, 

Medfield and Dover, 

Medway, 

Milton, 

JVeedham, 

Quincy, 

Randolph, 

Roxbury, 

Sharon, 

Stoughton, 

JValpole, 

Weymouth, 

Wrentham, 



Mington, 

Bridgewater, 

Carver, 

Duxbiiry, 

Halifax, 

Hanover, 

Hingham, 



Hanson, 

Hull, 

Kingston, 

Marshjield, 

Middleborough, 

Pembroke, 



Edward Dowse. 
James Humphreys. 

Lewis Fisher. 
Johnson Mason. 



Edward Miller, 
Noah Curtis. 
Luther Thayer. 
Sherman Leland. 

John Drake. 

Jesse Boyden. 
Christopher Webh, 
Levi Bates. 
Josiah J. Fiske. 

PLYMOUTH. 

Nathan Gurney. 
Hector Orr. 

Seth Sprague. 
Nathaniel Morton. 

James Stephenson, 
Solomon Jones, 
Joseph Richardson. 
Thomas Hob^^rt. 



Elisha Phillips. 
Martin Keith. 
Kilborn Whitman. 



HOUSE OF REPEESENTATIVES. 341 



Plympton, 




Plymouth^ 


Barnabas Hedge. 


RochesteVf 


Joseph Meigs. 


Scituate, 


William Peakes. 


Wareham. 


^ 




BRISTOL. 


Attleboroughy 


Abiather Bichardson, Junior. 


JBerkley, 


Apollos Tobey. 


Dartmouthy 


Caleb Anthony. 


Dighton, 


John Hathaway. 


JEaston, 




Fairhaven, 


Stephen Merrihew. 


Freetown, 


Hercules Cushman. 


Mansfield, 


Solomon Pratt, Junior. 


JSTew Bedford, 


Thomas Rotch, 




Lemuel Williams, Junior. 


JVorton, 


Ephraim Raymond. 


MaynhaMf 


Samuel Wilbour. 


Mehoboth, 


David Perry. 


Seekonk, 


Peter Hunt. 


Somerset, 


Edward Slade. 


Swansey, 


John Mason. 


Taunton, 


Cromwell Washburn. 


Troy, 


Abraham Bowen. 


Westport, 


Abner Brownell. 


Wellington, 


Joseph Gooding. 




BARNSTABLE. 


Barnstable, 


Nymphas Marston. 


Brewster, 


Isaac Foster, Junior. 


Chatham, 




Dennis, 


Oren Howes. 


Eastham, 


Harding Knowles. 


Falmouth, 


Shubael Lawrence- 


Harwich, 




Marshpee, 


/ 



Bm HOUSE OF REPRESENTATIVES. 



Orleans, 

ProvincetowTif 

Sandwich, 

Truro, 

Wellfleet, 

Yarmouth, 

Chilmark, 
JEdgarton, 
Tishury. 

JSTantucket, 



Daniel Comings. 
Joseph Atkins. 



Josiali Whitman. 
James Crowell. 

DUKES' COUNTY. 

John Hancock. 
William Jernegan. 

NANTUCKET. 

Jethro Mitchell, 
Francis Gr. Macy, 
Barker Burnell. 



BENJAMIN POLLARD, Esq. Clerk. 
HENRY CODMAN, Esq. Assistant Clerk. 
Rev. WILLIAM JENKS, aiaplain. 



JACOB KUHN, Messenger to the General Court. 
ELIJAH W. CUTTING, .Assistant Messenger. 
THOMAS P. RIDER, Page to the House. 



v 



RESOLVES 



OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE THIRTIETH OF MAY, AND ENDED 

ON SATURDAY, THE SIXTEENTH OF JUNE, ONE THOUSAND EIGHT 

HUNDRED AND TWENTY ONE. 



GOVERNOR'S SPEECH. 



REPRESENTATIVES' CHAMBER, JUNE 5, 1821. 

Jit noon, agreeably to assignment, the two Houses assem- 
bled in Convention, when his Excellency the Governor 
came in, preceded by the Sheriff of Suffolk, and attend- 
ed by his Honor the Lieutenant Governor, the Honor- 
able Council, and the Officers of State, and delivered 
the following 

SPEECH. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

THE general prevalence of industrious 
habits, and of good manners and morals, in the 
commufiity which you represent, is a subject of 
pleasing contemplation. It encourages the persua- 
sion so grateful to every benevolent mind, that re 
ligion and the laws are effecting those salutar) 
44 



334 GOVERNOR'S SPEECH. 

purposes which they were intended to produce. It 
is, at the same time, a satisfactory pledge of the 
future prosperity and happiness of the people of the 
Commonwealth. 

The truth of no position is more fully establish- 
ed, than that a close connexion subsists between 
the morals of a people and their enjoyments. And 
as this connexion results from an order of things 
ordained by the Great Creator, it must be indisso- 
luble. Evils incident to humanity, communities 
and individuals ought to be prepared to encounter. 
We are not authorized to look for an exemption 
from moral, any more than from physical evil. 
Under the present economy of Providence, vice 
and crime must be expected to intermingle them- 
selves with the affairs of men. Crimes which shock 
the moral sense of mankind, which invade the 
rights of property, and destroy or put in jeopardy 
the lives of men, continue to be perpetrated; and 
the vigilance of the legislator, no less than of the 
magistrate, is in constant requisition, to guard the 
community from the midnight flames of the incen- 
diary, the depredations of the thief and burgler, 
and the ferocious assault of the assassin. The his- 
tory of the world, and our own experience, never- 
theless, tend to inspire a belief in the practicability 
of gradual amelioration. 

Men, it is true, are in all ages alike. They have 
the same essential wants to supply, and the same 
passions soliciting gratification. But they appear 
under different aspects, which are, in a greater or 
less degree, induced by circumstances, and oflen- 



GOVERNOR'S SPEECH. 335 

times by circumstances over • which tliey have no 
control. Climate and other physical causes, have 
no inconsiderable agency in modifying the pas- 
sions, and forming the character ; in leading to 
courses of vice and crime, or in awakening senti- 
ments and efforts of virtue. Forms of government, 
modes of religion, and different states of civiliza- 
tion and refinement, exert a powerful influence in 
forming the manners and morals of a people. And 
here may we not gather strong hopes of the con- 
tinued prosperity and happiness of our country ? 
The manners and morals of the people of Massa- 
chusetts have been formed under circumstances 
peculiarly fitted to ensure their permanence. Our 
free constitution of government, the benign religion 
we profess, the improvements in the powers of the 
understanding, our habits of order, together with 
our physical relations to climate, to soil, and to 
occupation, conspire to render durable the liberties 
and the prosperity of the state. 

Massachusetts was always free. Our forefathers 
brought with them, from the other hemisphere, 
their civil and religious principles; which, being 
transplanted to a new region, remote from the 
blighting influence of despotism, gradually acquir- 
ed greater amplitude, struck a deeper root, and 
attained a more vigorous growth. Under charters 
which had been granted with reluctance, our an- 
cestors, though watched with jealous vigilance by 
the grantors, acquired more enlarged and definite 
ideas of their rights ; and liberty, no longer a fan- 
ciful theory, was reduced to practice, and became 



336 GOVERNOR'S SPEECH. 

habitual. When the ties which bound the Provin- 
ces to Great Britain were severed, the former, 
though knowing no constitution but a charter, al- 
ready recognized only as belonging to history, 
remained firm and steady in their habits. The 
separation could scarcely be deemed a revolution. 
Ancient usages supplied the place of laws, until 
after the lapse of five years, the constitution under 
which we now assemble, was framed and adopted. 
Without arrogance, or intending to utter an invid- 
ious remark, it may justly be affirmed, that no 
people on earth ever enjoyed so great a share of 
the blessings of freedom and self-government, as 
do the people of the United States. Not, indeed, 
that undefined and tumultuous liberty, that has oc- 
casionally agitated, and emblazoned the history of 
some other nations ; but that sober, rational liberty 
that consults and protects equally the rights of all 
the people, and manifests itself with a mild, steady, 
and benignant lustre in our constitution of govern- 
ment. 

The present reference to the habits, the general 
prosperity, and the future hopes of the people, is 
not designed to flatter their vanity, or to indulge 
in a strain of ostentatious boasting. The reference 
is intended for serious reflection and practical use. 
If the people are in the enjoyment of great and 
distinguished blessings, how important is it that 
the constituted authorities should be intimately ac- 
quainted with the various sources whence these 
blessings flow, that they duly estimate their value, 
and guard their safety ! If it be our fortunate lot 



GOVERNOR'S SPEECH. 337 

to realize more exalted degrees of civil and reli- 
gious freedom than do the people of other govern- 
ments, it becomes us to cherish our privileges, and 
to shun those errors and vices which lead to their 
destruction. If we believe that public virtue is the 
firmest support of a free republic, we shall aspire 
to add strength to the great pillar on which it # 
rests. To you, gentlemen, are committed the dear- 
est interests of your fellow citizens. They are now 
free, prosperous, and happy. May the wisdom of 
your legislation be the means of protracting their 
duration. 

Among the means on which the public prosper* 
ity depends, industry holds a distinguished place. 
Few of our enjoyments, indeed, are derived from 
any other source, and without the agency of indus- 
try, all our hope of future prosperity must wither 
and die. To many of the vices which debase and 
impoverish mankind, it proves the most efficacious 
antidote ; and as the foundation of public as well a& 
private wealth, has undisputed claims to legislative 
consideration. By the power of industry, the Amer- 
ican wilderness has been reclaimed, and our fields^ 
enriched by culture, are made to teem with plenty. 
Industry has erected our temples of religion, of 
learning, and of justice. It has raised and furnish- 
ed and beautified our habitations, built and navi- 
gated our ships, and filled our stores and garners 
with the products of various climes. Industry, in 
fine, has established, and is perfecting our various 
manufactures, and rendering them productive sour- 
ces of individual wealth and comfort. The encour- 



338 GOVERNOR'S SPEECH. 

agement, therefore, of general industry, as occasion 
and circumstances may require, is a legitimate ob- 
ject of legislative regard and patronage. 

We live, blessed be God, in a land in which 
human rights are understood, where we meet each 
other as men enjoying the same franchises, and as 
the offspring of a common parent. On this hallowed 
foundation is erected our venerated constitution. 
And all our subordinate institutions, our laws, the 
care bestowed on the education and moral instruc- 
tion of our children and youth, the ample scope given 
to talent and mental effort, the principle of equal- 
ity that governs the distribution of estates, and the 
interest that every man has in the maintenance of 
a free government, conspire with many other caus- 
es, to render the constitution perpetual. No better 
proof can be furnished of the merits of our great 
social compact, and its adaptation to the character 
and circumstances of the Commonwealth, than that 
for forty years it should have been the means of 
making a great community happy. The result of 
the test to which it has recently been subjected, has 
proved the attachment of the people to the consti- 
tution ; and that, in their estimation, few alterations 
only, were expedient. 

I avail myself of the "present occasion, to notice 
the termination of the misunderstanding that so 
lone: subsisted between the United States and the 
Spanish nation. The conclusion of the controversy, 
has not only put at rest the question of hostility, 
which seemed at one period to threaten our peace, 
but will be the means of restoring to some of our 



GOVERNOR'S SPEECH. 339 

enterprizing citizens a part, at least, of the losses 
they sustained by spoliation, during the late Euro- 
pean war. 

Several other subjects will be laid before you by 
special message. I only add, that in all your meas- 
ures for advancing the interests of our common 
country, I shall be ready most cordially to co-op- 
erate. 

JOHN BROOKS. 



ANSWER OF THE SENATE. 



May it please your Excellency, 

THE Senate of Massachusetts, assembled 
in obedience to the voice of the people, from the 
various parts of the Commonwealth, have derived 
much satisfaction from the official interview with 
your Excellency, at the commencement of the 
present political year. As the organs of the people 
whom we represent, we would offer to your Excel- 
lency our congratulations on your re-election to 
the office of Chief Magistrate. This renewed ex- 
pression of public confidence in the wisdom and 
purity of your administration, is a proof of the gen- 
eral prevalence of good habits and correct princi- 
ples in the community ; and your Excellency's 
cheerful and ready acceptance of this arduous and 
responsible station, by which a long series of public 
services already rendered, is protracted, furnishes 
new evidence of the exalted patriotism for which 
your Excellency has ever been distinguished. 

To the wisdom and virtue of our forefathers, we 
are indebted, under Providence, for the civil and re- 
ligious privileges which we enjoy. Deeply impressed 
with the truth of the position, " that a close connex- 
ion subsists between the morals of a people and their 



ANSWER OF THE SENATE. 341 

Enjoyments," they labored with an anxious and 
provident soUcitude, in the midst of perils and of 
sufferings, to erect the fabric of pubUc prosperity 
on the broad and permanent basis of public virtue. 
'^ Their efforts and their prayers were not unavailing* 
The industrious habits, pure morals, and correct 
principles, which they "brought with them from 
1" the other hemisphere," inculcated and enforced by 
I their precepts and examples, combined to exert a 
powerful, salutary, and, we trust, permanent influ- 
, ence on the character and manners of their desren- 
dents. It is true, indeed, that the institutions which 
they established, were but human institutions, and 
therefore imperfect. They could not change the 
nature of man, nor exempt him from the infirmities 
and passions inseperable from his condition in the 
world. Moral as well as physical evils existed, and 
crimes of deep malignity were sometimes perpetra- 
ted among them ; but the history and condition of 
our country, compared with others, will exhibit 
evidence of " the practicability of gradual amelior- 
ation," and confirm the truth of the position, that a 
free constitution, humane government, and mild 
Ic^ws, promptly and impartially executed, combined 
with a general diffusion of literary and religious 
instruction, have a more efficacious influence in 
%. restraining vice and promoting virtue, than the 
cruel codes and sanguinary punishments, invented 
and multiplied by arbitrary and despotic authority. 
A single glance at the condition of the people in 
the most enlightened and civilized nations of the, 
world, will furnish decisive proof that "no people 
45 



342 ANSWER OF THE SENATE. 

on earth enjoy so great a share of the blessings of 
freedom and self government, as do the people of 
the United States." The general state of society 
in Europe is such as to excite the compassion, as 
much as the hopes, of the friends of rational liberty. 
Recent revolutionary movements, having for their 
ostensible objects, the extension and establishment 
of popular freedom, have either been crushed, in 
their incipient stages, or are still in a state of 
doubtful experiment. They have hitherto mani- 
fested little of that constancy, moderation, wisdom 
and virtue, wliich must be combined, in order to 
effect a practical and permanent reform of existing 
abuses. Where the institutions of government are 
calculated to limit to the favored few, the exclusive 
possession of honors, wealth and power, and to 
transmit them, with the rights of primogeniture, by 
hereditary descent, ignorance, poverty and degra- 
dation must be the inheritance of the many, from 
generation to generation. The iron hand of des- 
potism may, indeed, succeed in its efforts to stifle 
the groans of its victims, and to produce, even 
there, an apparent and superficial tranquility ; but 
it will be a tranquility, not of complacency, but of 
stupidity or of despair. 

According to the theory of our constitution, on 
the contrary, honors are a tribute to virtue ; wealth 
is the recompense of industry, and power is the re- 
ward of merit, however humble and obscure their 
origin. All authority emanates from the people, 
and all our institutions are of a popular character. 
Our constitution is established by the people ; our 



AIS^WER OF THE SENATE. 34a 

rulers are elected by the people ; our government 
is administered for the benefit of tlie people ; and 
all our laws are but so many distinct expressions of 
the will of the people. Industry is unfettered by 
arbitrary restrictions ; enterprize is free to select 
and pursue its favorite objects ; the means of edu- 
cation are offered to all, and the rights of conscience 
are inviolably secured to all. These are a few of 
the blessings which attend "that sober, rational 
liberty, that consults and protects equally the rights 
of all the people, and manifests itself, with a mild 
and steady lustre, in our constitution of govern- 
ment." 

To the serious and reflecting mind, a contem- 
plation of the exalted privileges we enjoy, furnishes 
occasion, not of " ostentatious boasting," but of de- 
vout acknowledgements to that Being from whose 
bounty they are all derived. On the heart of the 
conscientious legislator, it will make a deep and 
solemn impression of his responsibility to preserve 
and perpetuate those privileges in all their purity 
and excellence. The Senate of Massachusetts feel 
the weight of this responsibility. We assume the 
trust committed to us with diffidence ; but we see 
the path of duty illuminated by the wisdom and 
virtues of our predecessors ; and conscious of the 
purity of our intentions, we shall endeavor to pur- 
sue it with singleness of heart. Believing as we do, 
"that public virtue is the firmest support of a free 
rebublic, we shall aspire to add strength to the 
great pillar on which it rests." To diffuse wisdom, 
knowledge and virtue ; to spread the opportunities 



344 ANSWER OF THE SENATE. 

and advantages of education ; to cherisli the inter- 
ests of literature and the sciences ; to promote agri- 
culture, arts, commerce, trades and manufactures ; 
to countenance and inculcate the principles of hu- 
manity and general benevolence ; public and pri- 
vate charity ; industry and frugality ; honesty and 
punctuality ; sincerity, good liumor, and all social 
affections, and generous sentiments among the peo- 
ple of this Commonwealth, are duties imperiously 
enjoined on the Legislature, as well by their inher- 
ent importance, as by the express provisions of the 
constitution. 

The people of Massachusetts understand their 
rights. They are aware that innovation may not 
be improvement. The steady attachment which 
they have manifested to our "venerated constitu- 
tion," is not a blind, but an enlightened and rational 
attachment. It is founded on an intimate and ex- 
perimental knowledge of its excellencies. Forty 
years experience lias taught them justly to appre- 
ciate its merits, and to feel "its adaptation to the 
character and circumstances of the Commonwealth." 
The public revision to which it has recently been 
Subjected, and during which its provisions, in all 
their relations and consequences, were minutely 
examined and discussed, has endeared it still more 
to their aiFections. None of the more important 
principles, and few of its minuter details, were 
found to be susceptible of improvement. We may 
therefore confidently indulge the expectation, that 
'^our great social compact" will continue to be, for 
future generations, what it has hitherto been for 



ANSWER OF THE SENATE. 345 

ourselves and our fathers, the bond of political 
union, and the charter of civil and religious privi- 
leges. 

The amicable termination of the controversy 
which has so long subsisted between the United 
States and Spain, and which, at one period, threaten- 
ed to involve the two nations in war, is a just subject 
of congratulation. An indemnity for even a small 
portion of the losses which our enterprizing mer- 
chants sustained by spoliation during the late Euro- 
pean war, will be, at this time, peculiarly accepta- 
ble. The people of the United States, at peace 
with the world, and forming an united and harmoni- 
ous family among themselves, may now devote their 
undivided efforts to the amelioration of their own 
condition, and extend their commercial intercourse 
and relations wherever a profitable market may 
be found for their surplus productions. The indus- 
try and enterprize of our fellow citizens are pro- 
verbial ; and although their rewards may be of less 
magnitude, yet we trust they will also be less pre- 
carious, than they were during the late conflict 
which agitated the nations of Europe. 

Any subjects of legislative deliberation which 
your Excellency may suggest, will receive from the 
Senate, all the attention which their importance may 
require, and we shall most cordially cooperate with 
the other branches of the government in any mea- 
sures for advancing the interests of our common 
country. 



ANSWER OF THE HOUSE. 



May it please your Excellency , 

THE HcTuse of Representatives concur in the 
views which your Excellency has expressed of the 
solid foundations on which our prosperity rests, and 
of the means by which it may be rendered more 
ample, as well as more secure. It is to the general 
prevalence of industrious habits and good morals, 
that the people of this Commonwealth must look 
for the best pledges of their future prosperity. The 
relations between industry and enjoyment are ex- 
tremely various. It contributes to the happiness 
of him who exerts it, not only by its immediate 
fruits, but by the tranquil temper which it begets, 
the health whicli it preserves and invigorates, and 
the temptations which it guards against. It is a 
virtue without which a people must be, not merely 
debased, but must want the capacity of being im- 
proved. It is therefore of all objects the most de- 
serving of commendation and encouragement, as 
the characteristic of a people, which, wherever it 
exists, cannot fail of leading to national happiness 
and glory. 



ANSWER OF THE HOUSE. 347 

It will therefore always be the policy of a wise 
Legislature, to encourage and reward industry in 
the community, by all the means in its power. The 
most suitable of these means have not escaped the 
attention of the framers of our scheme of polity, and 
of the legislators of this Commonwealth. They have, 
for the attainment of this end, always kept two ob- 
jects distinctly in view: First, to lay open to the 
competition of all the citizens of the state, every 
honorable employment, not only in the arts of pri- 
vate life, but in the public service ; and secondly, to 
secure to every individual the fruits of his industry, 
and the rewards of his talents and virtues. These 
two principles lie at the foundation of our system 
of government, and they have happily never been 
departed from in its administration. But in aid of 
these means, others are necessary. Public instruc- 
tion — that men's minds may be open to the motives 
to honorable exertion, and that they may be able 
to give a judicious direction to their industry — re- 
ligious education — to supply the defects of human 
motives, to point out the true objects of desire, to 
temper the ardour of pursuit, and to moderate the 
pains of disappointment — a strict administration of 
justice — that there may be no temptation to grasp 
at the fruits of labor by dishonest means, and that 
honest industry may not fail of its reward. These 
objects have received the uniform encouragement 
of the Legislature, as means of promoting the gen- 
eral industry as well as of preserving the public 
morals. 

It is true that notwithstanding the facilities thus 



848 ANSWER OF THE HOUSE. 

offered to all, for acquiring an honorable standing 
in society, we are sometimes called upon to witness 
the perpetration of "crimes which shock the moral 
sense of mankind, which invade the rights of prop- 
erty, and destroy or put in jeopardy the lives of 
men." There is no condition of our nature in 
which the recurrence of such acts can be entirely 
prevented. The great difficulty in any system of 
laws is to propose such sanctions as shall reach all 
the members of the state. It is impossible to pro- 
vide that all shall be placed by education, by habit, 
by the relations which they form in society, and by 
the motives which obtain an influence over.* them, 
in a situation to be governed by considerations 
which direct the conduct of rational and enlight- 
ened men. No community has come nearer to re- 
moving this difficulty than our own. Every person 
has in his youth placed within his reach the means 
of education. This blessing has been always enjoyed 
in this Commonwealth, so that every parent knows 
enough of its value, to be induced to secure it for 
his children. Those therefore who grow up among 
us, with a very few exceptions, grow up not only 
as human but enlightened beings, capable of exer- 
cising the gift of reason, and of pursuing their own 
good. It is also in the power of every individual 
to acquire property, which gives him an interest in 
the welfare of the community, removes the tempta- 
tions to dishonesty, and affi3rds a pledge of his 
fidelity. Even the few who are so unfortunate as 
not to acquire this pledge of their good conduct, 
are surrounded by so large a proportion in all 



ANSWER OB^ THE HOUSE. 349 

classes of society who have some property to bind 
them to the state, that they do not acquire that de- 
gree of wantonness and profligacy of character 
which is found in other communities, where there 
are whole classes of persons that have every thing 
to hope from a change of their condition, and no- 
thing to lose. Crimes therefore are not frequent 
among us ; and if our provisions for general educa- 
tion are gradually improved and extended — if the 
laws continue to be vigilantly and impartially ex- 
ecuted, and the guilty to be promptly punished, so 
that those who are dead to all honorable motives, 
may not be tempted to the commission of crimes 
by the chances of escape — there is reason to hope 
that their recurrence may be rendered still less 
frequent. 

We agree with your Excellency, that the happy 
experience of forty years under our social compact, 
furnishes the best proof of its merits, and of its 
adaptation to our condition. The reluctance which 
has been shown by the people of this Common- 
wealth, in the recent revision of this instrument, to 
change any of its important features, affords a most 
gratifying proof of their attachment to its funda- 
mental principles and a valuable pledge of its per- 
manency. This revision has not been without par- 
tial utility. Besidfes giving a favorable opportunity 
of discussing and elucidating its principles, and of 
introducing some slight improvements, it has ena- 
bled the people to express their approbation of the 
system of government formed by their fathers, and 
to hand it down to their posterity, recommended 
46 



350 ANSWER OF THE HOUSE. 

by the deliberate sanction of two successive gen- 
erations. 

We regard the ratification of the treaty to which 
your Excellency has alluded, as a liappy event, be- 
cause it terminates a perplexing and unprofitable 
controversy, and secures to the United States the 
principal objects for which they have contended. 

The House of Representatives will receive with 
respectful attention, the further communications 
which your Excellency shall please to make to 
them, and will heartily co-operate with your Excel- 
lency in every measure for promoting the welfare 
of the Commonwealth. 



AMENDMENTS TO THE CONSTITUTION. 351 



CHAP. I. 

Mesolve for publishing the Amendments to the Constitution. 
June 5th, 1821. 

Whereas the Convention of the Delegates of the people, 
assembled at Boston, on the third Wednesday of November, 
in the year of our Lord one thousand eight hundred and 
twenty, for the purpose of revising and amending the Con- 
stitution of the Commonwealth, pursuant to an act of the 
General Court, passed on the sixteenth day of June, in the 
year aforesaid, submitted certain Articles of Amendment 
of the Constitution to the people, for their ratification and 
adoption ; and whereas it appears by a certificate of the 
Committee of the said Convention, that the following Arti- 
cles of Amendment, so submitted as aforesaid, have been 
ratified and adopted by the people, in the manner directed 
by the said Convention, and liave thereby become a part of 
the Constitution of this Commonwealth, to wit : 

<^Art. 1. If any bill or resolve shall be objected to, and 
not approved by the Governor ; and if the General Court 
shall adjourn within five days after the same shall have 
been laid before the Governor for his approbation, and there- 
by prevent his returning it, with his objections, as provided 
by the Constitution ; such bill or resolve shall not become 
a law, nor have force as such. 

Art. 2. The General Court shall have full power and 
authority to erect and constitute municipal or city govern- 
ments in any corporate town or towns in this Common- 
wealth, and to grant to the inhabitants thereof such powers, 
privileges and immunities, not repugnant to the Constitu- 
tion, as the General Court shall deem necessary or expe- 
dient for the regulation and government thereof, and to 
prescribe the manner of calling and holding public meetings 
of the inhabitants in wards, or otherwise, for the election of 
officers under the constitution, and the manner of returning 
the votes given at such meetings : Provided, that no such 
government shall be erected or constituted in any town not 
containing twelve thousand inhabitants; nor unless it be 
with the consent and on the application of a majority of the 
inhabitants of such town; present and voting thereon, pur: 



352 AMENDMENTS TO THE CONSTITUTION, 

suant to a vote at a meeting duly warned and holden for 
that purpose : And provided also, that all by laws made by 
such municipal or city government, shall be subject, at all 
times, to be annulled by the General Court. 

Art. 3. Every male citizen of twenty one years of age 
and upwards, (excepting paupers and persons under guar- 
dianship) who shall have resided within the Commonwealth 
one year, and within the town or district, in which he may 
claim a right to vote, six callender months next preceding 
any election of Governor. Lieutenant Governor, Senators, or 
Representatives, and who shall have paid, by himself or 
his parent, master or guardian, any state or county tax, 
"which shall, within two years next preceding such election, 
have been assessed upon him, in any town or district, of this 
Commonwealth ; and also every citizen who shall be by law 
exempted from taxation, and who shall be in all other re- 
spects qualified as aliovementioned, shall have a right to vote 
in such election of Governor, Lieutenant Governor, Senators 
and Representatives ; and no other person shall be entitled 
to vote in such elections. 

Art. 4. Notaries Public shall be appointed by the Gov- 
ernor, in the same manner as judicial officers are appointed, 
and shall hold their offices during seven years, unless sooner 
removed by the Governor, with the consent of the Council, 
upon the address of both Houses of the Legislature. 

In case the office of Secretary or Treasurer of the Com- 
monwealth shall become vacant from any cause, during the 
recess of the General Court, the Governor, with the advice 
and consent of the Council, shall nominate and appoint, 
under such regulations as may be prescribed by law, a com- 
petent and suitable person to such vacant office, who shall 
hold the same until a successor shall be appointed by the 
General Court. 

Whenever the exigencies of the Commonwealth shall 
require the appointment of a Commissary General, he shall 
be nominated, appointed and commissioned, in such manner 
as the Legislature may, by law, prescribe. 

All officers commissioned to command in the militia, may 
be removed from office in such manner as the Legislature 
may, by law, prescribe. 

Art. 5. In the elections of Captains and Subalterns of the 
militia, all the members of their respective companies, as 
well those under, as those above the age of twenty one years, 
shall have a right to vote. ^ 



AMENDMENTS TO THE CONSTITUTION. 353 

Art. 6. Instead of the oath of allegiance prescribed by 
the Constitution, the following oath shall be taken and sub- 
scribed by every person chosen or appointed to any office, 
civil or military, under the government of this Common- 
wealth, before he shall enter on the duties of his office, to 
wit: 

<^ I, A. B. do solemnly swear, that I will bear true faith 
and allegiance to the Commonwealth of Massachusetts, and 
will support the Constitution thereof. So help me God." 

Provided, That when any person shall be of the denomi- 
nation called Quakers, and shall decline taking said oath, he 
shall make his affirmation in the foregoing form, omitting the 
word ^< swear,'' and inserting, instead thereof, the word 
^^affirm," and omitting the words "so help me God," and 
subjoining, instead thereof, the words "this I do under the 
pains and penalties of perjury." 

Art. 7. No oath, declaration or subscription, exceptin'g 
the oath prescribed in the preceding article, and the oath of 
office, shall be required of the Governor, Lieutenant Govern- 
or, Counsellors, Senators or Representatives, to qualify them 
to perform the duties of their respective offices. 

Art. 8. No Judge of any Court of this Commonwealth, 
(except the Court of Sessions,) and no person holding any 
office under the authority of the United States, (Postmasters 
excepted,) shall, at the same time, hold the office of Gov- 
ernor, Lieutenant Governor or Counsellor, or have a seat in. 
the Senate or House of Representatives of this Common- 
wealth ; and no Judge of any Court in this Commonwealth, 
(except the Court of Sessions,) nor the Attorney General, 
Solicitor General, County Attorney, Clerk of any Court, 
Sheriff, Treasurer and Receiver General, Register of Pro- 
bate, nor Register of Deeds, shall continue to hold his said 
office after being elected a member of the Congress of the 
United States, and accepting that trust ; but the acceptance 
of such trust, by any of the officers aforesaid, shall be 
deemed and taken to be a resignation of his said office ; 
and Judges of the Courts of Common Pleas shall hold no 
other office under the government of this Commonwealth, 
the office of Justice of the Peace and Militia Offices excepted. 

Art. 9. If at any time hereafter, any specific and partic- 
ular amendment or amendments to the Constitution, be pro- 
posed in the General Court, and agreed to by a majority of 
the Senators and two thirds of the Members of the House of 



354 AMENDMENTS TO THE CONSTITUTION. 

Representatives present and voting thereon, such proposed 
amendment or amendments shall be entered on the journals 
of the two Houses, with the yeas and nays taken thereon, 
and referred to the General Court then next to be chosen, 
and shall be published ; and if in the General Court next 
chosen, as aforesaid, such proposed amendment or amend- 
ments shall be agreed to by a majority of the Senators and 
two thirds of the Members of the House of Representatives 
present and voting thereon ; then it shall be the duty of the 
General Court to submit such proposed amendment or amend- 
ments to the people ; and if they shall be approved and rati- 
fied by a majority of the qualified voters, voting thereon, at 
meetings legally warned and holden for that purpose, they 
shall become part of the Constitution of this Commonwealth.'' 

Resolved, That the above recited Articles of Amendment 
shall be enrolled on parchment, and deposited in the Secre- 
tary's OflRce, as a part of the Constitution and Fundamental 
Laws of this Commonwealth, and published in immediate 
connexion therewith, in all future editions of the laws of 
this Commonwealth, printed by public authority. And in 
order that the said Amendments may be promulgated and 
made known to the people of this Commonwealth without 
delay, it is further 

Resolved, That His Excellency the Governor be, and he 
hereby is authorized and requested to issue his proclama- 
tion, reciting the articles aforesaid ; announcing that the 
same have been duly adopted and ratified by the people of 
this Commonwealth, and become a part of the Constitution 
thereof; and requiring all magistrates, officers^ civil and 
military, and all the citizens of this Commonwealth, to take 
notice thereof, and govern themselves accordingly. 



CHAP. II. 

Resolve for paying the Members of the Legislature. 
June 5th, 1821. 

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, 



TAXES IN SOMERSET AND EASTON. 356 

for each day's attendance the present, and each session of 
the present 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 General Court. 

Jlnd he it further resolved. That there be paid to the 
President of the Senate and Speaker of the House of Rep- 
resentatives, two dollars per day each, over and above their 
pay as members. 



CHAP. III. 

Resolve altering the Taxes in the Towns of Somerset and 
Easton, in the County of Bristol. June 7 th, 1821. 

Resolved, That the Treasurer of the Commonwealth be 
directed to notify the Town of Somerset, in the County of 
Bristol, that the tax set against that town, in the tax act 
which passed the Legislature on the thirteenth of February, 
one thousand eight hundred and twenty one, is diminished 
the sum of one hundred dollars ; also to notify the Town of 
Easton, in said county, that the tax set against that town, in 
said tax act, is increased the sum of one hundred dollars ; 
and the said Treasurer is hereby directed to issue his war- 
rants accordingly. 



^ CHAP. IV. 

Resolve on petition of John Abbot to convey certain Land to 
Justus Pike. June 7th, 1821. 

On the petition of John Abbot, of Westford, in the County 
of Middlesex, Esquire, Executor of the last will and testa- 
ment of Jeremiah Cogswell, late of said Westford, gentle- 
man, deceased, testate, praying to be authorized to convey 
by deed to Justus Pike, of Tyngsborough, in said county, 
the assignee of one Joseph Wild, a certain tract of land. 



356 BENJAMIN LARRABEE. 

situate in the northerly part of said Westford, containing 
about thirty one acres, bounded and described as follows, 
viz : Beginning at a stake and stones on Tyngsborough 
line ; thence running westerly upon said line to a black oak 
tree marked, by John Gates' land formerly ; thence by Gates' 
land southerly, to a pine marked; thence south-westerly, to 
a white oak tree marked; thence southerly, by Thomas 
Nutting's land, to a pine tree marked, by land of Colonel 
Osgood formerly; thence easterly, by said Osgood's land, 
to a white oak tree marked; thence north-westerly, to a 
stake and stones in a pond hole; thence north-easterly to a 
stake and stones ; thence northerly, to the bound first men- 
tioned ; pursuant to a contract in writing, made by the said 
Cogswell in his life-time, to the said Wild : 

Resolved^ For the reasons set forth in said petition, that 
the said John Abbot be, and he is hereby fully authorized 
and empowered to convey, by deed, to the said Justus 
Pike, his heirs and assigns, the aforedescribed tract of land, 
pursuant to the written contract of the said Cogswell; 
which deed, when duly executed by said Abbot, shall be as 
valid and effectual, to all intents and purposes, to pass said 
real estate, as if the said Cogswell had duly conveyed the 
same iw-his life-time; the said Abbot accounting, as Execu- 
tor of said Cogswell, for the sum paid to him for said tract 
of land, as part of the personal estate of said Cogswell, ac- 
cording to law. 



CHAP. V. 

Resolve on petition of Benjamin Larrabee, directing the 
Treasurer to issue a new JSTote. June 7th, 1821. 

Resolved, For reasons set forth in said petition, that the 
Treasurer of this Commonwealth be, and he is hereby di- 
rected to issue to the said Benjamin Larrabee, a new State 
Note, of the same tenor and date as the note lost ; that is, a 
note numbered six hundred and sixty nine, and dated the 
twenty first of January, eighteen hundred and eleven, for 
the sum of four hundred and fifty five dollars and seventy 



GOVERNOR'S MESSAGE. 357 

one cents, and to endorse thereon, the interest that has heen 
paid; he, the said Benjamin Larrabee, first making affidavit 
before some Jnstice of the Peace, to the truth of the facts 
stated in his said petition, if he has not already so done, and 
filing the same in said Treasurer's Office, and giving bonds 
to the said Treasurer, in the penal sum of seven hundred 
dollars, with one or more sureties, to secure the Common- 
wealth against any loss that may happen in consequence of 
the renewal of said note. 



CHAP. VI. 

Governor's Message. June 9th, 1821. 

Gentlemen of the Senate, and 

Gentlemen of the House of Rej^resentativeSf 



\ 



On the twenty third of April last, I made a communica- 
n to the tAvo Houses of the Legislature, on the subject of 
tKe Quarter Master General's JJepartment, the duties of 
which had, by an act passed the sixteenth day of Febru- 
ary last, been transferred to the Adjutant General. In 
consequence of that communication, the Governor, with the 
advice of the Council, was authorized to appoint two suit- 
able persons, to make a full and complete inventory, in 
kind, quantity, and quality, of all the public property in 
the Dej/^rtment of the Quarter Master General. Ag,i-eeably 
to that authority, two respectable citizens were appointed, 
and are new assiduously engaged in executing the trust re- 
posed in them. I have until very recently, entertained 
hopes of being able, by this time, to avail myself of the 
result of their labors, and to have laid the same before you. 
But the greatness of the work, and the discriminating man- 
ner in which il is necessary that it should be performed, 
will require so much time to complete an inventory, as to 
preclude the hope of its being in readiness for your inspec- 
tion the present session. Inasmuch, however, as the busi- 
ness of the Quarter Master General's Department, from the 
want of funds to defray necessary current expenses, and 
some further legislative provisions respecting its due admiu- 

47 ■ ,: 



358 ATTORNEY GENERAL. 

istration, is in a great measure suspended, you will, I doubt 
not, deem it a subject meriting your attention, at the present 
session. The amount of public property is very great, and 
every day's experience serves to show the importance of the 
investigation now making, as to the condition of the several 
articles. Many valuable materials, I hav/ reason to con- 
clude, are in a decaying state ; and some of the buildings 
are in great want of repair. 

For a more particular view of the situation of the Quarter 
Master General's Department, you will please to be referred 
to my message to the two Houses of the iist Legislature, of 
the twenty third of April, of the present year, and the sev- 
eral documents which accompanied the same. 

I also submit to you a letter from the xldjutant General, 
received this morning, enclosing a partial report of the pro- 
ceedings of the Commissioners. 



JOHN BROOKS. 



Council Chamber f June 9th, 1821. 



CHAP. VII. 

Resolve appropriating S50 87, in the hands of the Attor- 
ney General. June 9th, 1821. 

Resolved, That the sum of fifty dollars and eighty seven 
cents, being the balance of monies in the hands of the Attor- 
ney General, due to the Commonwealth, be, and is hereby 
appropriated towards defraying the expenses which may 
accrue in carrying into effect, his agreement with Thomas 
Williams, of the twenty sixth of May, one thousand eight 
hundred and twenty one, to procure a survey to be made of 
the Commonwealth's land on Pine Island, and to erect and 
establish suitable and durable monuments on the boundary 
lines between the lands of the Commonwealth and those of 
said Thomas Williams, on said island ; he, the said Attor- 
ney General, to account to the Treasurer of the Common- 
wealth for the expenses aforesaid, as soon as the said 
business shall be accomplished. 



TREASURER TO SELL STOCK. 359 



CHAP. VUL 

Resolve on petition of John Mott and Isaac Prentiss, 
Juue nth, 1821. 

On the petition of John Mott and Isaac Prentiss, of Bos- 
ton, in* the County of Suffolk, shipwrights, stating that by 
reason of misfortunes, in trade and business, they have 
become unable to pay the full amount of their debts, and 
that they are indebted, on a balance of account with the 
Warden of the State Prison, for goods had and received 
from him on account of the Commonwealth, in the sum of 
four hundred and ninety one dollars and forty cents ; 

Resolved, That the Warden of the said State Prison, or 
some other person having authority in the same, be, and 
hereby is ordered, on the receipt of one hundred dollars of 
and from said John Mott and Isaac Prentiss, or either of 
them, to give and execute a full and sufficient discharge and 
acquittance to them of said demand. 



CHAP. IX. 

Mesolve authorizing the Treasurer to sell Deferred Six 
Per Cent. Stock. June 11th, 1821. 

Resolved, That the Treasurer of the Commonwealth be, 
and he is hereby authorized and directed forthwith to make 
sale of and assign the certificate of United States deferred 
six per cent, stock, so called, now in his possession, the 
original amount of which was four huudred and sixteen 
thousand, two hundred and sixty seven dollars, and the 
real par value of which will be about ninety six thousand 
dollars, on the first of July next, after a payment on account 
of the same shall then be received; provided, the same shall 
not be disposed of at a less rate than one hundred and two 
dollars for every hundred dollars of the real par value of 
said stock, to be assigned and paid for on the second of 
July next. 



360 THOMAS BRAMIX, JUN.— CONVENTION. 

Resolved, That if the Treasurer should thus nia-ke sale 
of the said deferred stock, he shall apply the proceeds 
thereof towards the payment of the remainder of the State 
debt; and the sum which he may then borrow for the pur- 
pose of paying the debt, shall not exceed seventy thousand 
-dollars ; which money so borrowed, or any part thereof, he 
shall repay as soon as money sufficient for the purpose, 
and not otherwise appropriated, shall be received into the 
treasury. 



CHAP. X. 

Reaolve making alloivance to Tliomas Bramin, Junior, of 
18172 75 cents, for building a Gun House, in JSTorton. 
June 11th, 1821. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Thomas Bramin, Jun- 
ior, the sum of one hundred and seventy two dollars and 
seventy five cents, for the expense of building a new gun 
house, in the Town of Norton, and repairing the gun car- 
riages, &c. exclusive of the proceeds of the old gun house. 



CHAP. XI. 

Resolve to pay the Committee of the late Convention. 
June 12th, 1821. 

Resolved, That there be allowed and paid to the Mem- 
bers of the Committee of the late Convention, the amount of 
their travel and attendance, from May twenty third to May 
twenty fourth, inclusive, as certified by the pay roll of said 
Committee, attested by Isaac Parker, Esquire, Chairman, 
and amounting to three hundred and ninety seven dollars. 

Resolved, That there be allowed and paid to Benjamia 
Pollard, the Clerk of the Committee of the late Convention, 



JONATHAN WILD.— JOHN MASON. 361 

the sum of forty dollars, in full for his services as such, and 
for other services in relation to the engrossment of the origi- 
nal articles of amendment, and those adopted by the people ; 
and that His Excellency the Governor be requested to draw 
his warrant on the treasury for the above sums. 



CHAP. XII. 

Resolve on the petition of Jonathan Wild, of Boston, in the 
County of Suffolk. June 12th, 1821. 

Resolved, That for reasons set forth in said petition, the 
said Jonathan Wild be, and he hereby is released from a 
judgment of the Boston Court of Common Pleas, for the 
sum of twenty five hundred dollars debt or damage, against 
the said Wild and his sureties, on their recognizance for 
the appearance of Frederick Wild, on his paying to the offi- 
cer authorized to receive the same, in behalf of the Com- 
monwealth, the sum of fifteen hundred dollars, together 
with all costs which have arisen in the prosecution of said 
Frederick Wild, and in obtaining of such judgment on said 
recognizance ; so that the said Jonathan Wild, nor his sur- 
eties, shall be required to pay any other or further sum on 
the said judgment than the sums aforementioned. 



CHAP. XIII. 

Resolve on petition of John Mason, empowering him to 
collect Taxes in Gloucester. June 13th, 1821. 

On the petition of John Mason, and for reasons set forth 
in said petition. 

Resolved, That John Mason be empowered to collect the 
uncollected taxes, standing on the list of Nathaniel Haskell, 
Junior, Collector for the Town of Gloucester, for the years 
one thousand eight hundred and nine and one thousand 
eight hundred and ten ; he having been surety for said Has- 



362 WARDEN OF THE STATE PRISON. 

kell, and having paid the balance due on said list into the 
Treasury of the Town of Gloucester. 



CHAP. XIV. 

Resolve on petition of Otis J\'ewman and Sarah Phillips. 
June 13th, 1821. 

On the petition of Otis Newman and Sarah Phillips, 
Grafton Indians, praying: that certain lands may be sold in 
Grafton, to which they are entitled for their support ; 

Resolved, For reasons contained in their said petition, 
that Jonathan Leland, Trustee to said Indians be, and he 
is hereby authorized and empowered to sell at public auction, 
and execute good and sufficient deeds of the whole, or any 
part of said lands, described in said petitions, conforming to 
law, in said sales ; and apply the same to the support of the 
said Otis and Sarah, in the proportions as the said lands 
furnish the means ; and settle and adjust his accounts with 
the Judge of Probate for the County of Worcester. 



CHAP. XV. 

Resolve on the Memorial of the Warden of the State 
Prison. June 14th, 1821. 

On the memorial of the Warden of the State Prison, 

Resolved) That there be paid out of the public treasury, 
for the use of the State Prison, the sum of seven thousand 
dollars, to be drawn from the treasury, by the Warden of 
said prison, in such sums as the Directors shall from time 
to time direct ; and His Excellency the Governor, with the 
advice of Council*, is hereby requested to draw his warrant 
on the Treasurer for said sums accordingly. 



qUARTER MASTER GENERAL. 363 



CHAP. XVI. 

Resolve on representation of the Quarter Master General.^ 
June 14th, 1821. 

On the representation of Amasa Davis, Quarter Master 
General, shewing that on settlement of his accounts with a 
Committee of the Honorable Council, a balance remained in 
his hands, due to the Commonwealth, of five hundred forty 
eight dollars and fifty one cents : 

Jlesolved, That upon the payment of said sum to the 
Treasurer of the Commonwealth, and taking his receipt 
therefor, the said Quarter Master General shall be dis- 
charged from said sum. 

Resolved, further, That for reasons set forth in said rep- 
resentation, that the Treasurer be authorized to receive of 
the said Quarter Master General, in part of the above sum, 
one ten dollar bill of the Hallowell and Augusta Bank, one 
five dollar bill of the Wiscasset Bank, and one one dollar 
bill of the Castine Bank. 



CHAP. XVII. 

Resolve on the petition of George Bliss and others. 
June 14th, 1821. 

On the memorial of George Bliss and Edward H. Robbins, 
Esquires, Commissioners appointed to ascertain and run the 
line betweeli this CommonM'ealth and the State of Connecti- 
cut, and adjust all differences respecting the same ; 

Resolved, That there be paid out of the Treasury of this 
Commonwealth to said Commissioners, the sum of two hun- 
dred dollars, for the purpose of enabling them to prosecute 
said commission, they to be accountable for the expenditure 
of the same. 



364 COM. ON ACCOUNTS.— N. E. BANK. 



CHAP. XVIIl. 

Resolve for the pay of the Committee on Accounts. 
June 14th, 1821. 

Jlesolvedf That there be allowed and paid out of the* 
Treasury of this Commonwealth, to the Committee appoint- 
ed to examine and pass on accounts against this Com- 
monwealth, for their attendance on that service during the 
present session, one dollar per day in addition to their pay 
as members, viz. : Honorable Elihu Hoyt, twelve days, 
twelve dollars ; Honorable Robert Rautoul, eleven days, 
eleven dollars ; Honorable Jonas Sibley, twelve days, 
twelve dollars ; Apollos Tobey, Esquire, six days, six dol- 
lars; Jonathan Allen, Esquire, twelve days, twelve dollars. 



CHAP. XIX. 

Mesolve on the petition of the President and Directors of 
the J\'ew England Bank. June 14th, 1821. 

Whereas by a resolve passed at the present session, on 
the petition of Jonathan Wild, and others, sureties on a 
recognizance of one* Frederick Wild, who was bound for 
his appearance at the Municipal Court, for the Town of 
Boston, on a charge of forgery, committed against the Pres- 
ident, Directors and Company of the New England Bank, 
it was ordered, that, upon the payment of the sum of fifteen 
liundred dollars, and all costs and charges, said sureties 
might be discharged : 

Resolved^ For reasons set forth in the petition of the 
President and Directors of said Bank, that the said sum of 
fifteen hundred dollars, when the same shall have been paid 
into the Treasury of this Commonwealth, be paid over to 
the President, Directors and Company of the New England 
Bank ; and His Excellency the Governor is hereby author- 
ized and requested to draw his warrant on the treasury 
therefor. 



TAX FOR PLYMOUTH COUNTY. 365 



CHAP. XX. 

Mesolve granting a Tax to the County of Plymouth. 
June 15th, 1821. 

Whereas the Treasurer of the County of Plymouth has 
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 court, of the necessary charges which may 
arise within the said county, for the year one thousand eight 
hundred and twenty one, and other purposes stated in said 
estimate : 

Resolved, That the sum of ten thousand dollars be, and 
the same is hereby granted as a tax for said County of 
Plymouth, to be apportioned, assessed, paid, collected and 
applied for the purposes aforesaid, according to law. 



CHAP. XXL 

Mesolve authorizing DaniH'*Crane to convey Real Estate. 
June 15th, 1821. 

On the petition of Daniel Crane, of Bridgewater, in the 
County of Plymouth, Administrator of the estate of Edwin 
Howard, late of said Bridgewater, Esquire, deceased, rep- 
resenting that the said Edwin Howard, in his life time, viz. 
in the year of our Lord eighteen hundred and six, was, to- 
gether with Thaddeus Howard, and Gramaliel Howard, both 
of said Bridgewater, seized in fee, and as tenants in com- 
mon, of two tracts of wood land, situated in said Bridgewa- 
ter; one of said tracts containing about thirty one acres, and 
bounded northerly by a highway, westerly by land of Albert 
Copeland, southerly by land of Josiah Williams, and east- 
erly, partly by land of Josiah Williams, and partly by land 
of Salmon Howard ; the other of said tracts containing about 
twenty nine acres, and bounded northerly by land of Luther 
Hayward, westerly by laud of Asa Copeland; and the heirs 
43 



366 DANIEL CRANE TO CONVEY ESTATE. 

of Cyrus Suell, southerly by the land of the widow Siiell, 
and easterly, partly by land of Jonathan Copeland, and 
partly by land of Asa Copeland; and the said Edwin and 
Gamaliel were also seized in fee^, and as tenants in common 
of one other tract or parcel of wood land, situated in said 
Bridgewater, containing about fourteen acres, and bounded 
northerly by land of Alfred HoAvard, westerly by land of 
Benjamin B. Howard, southerly by land of James Ames, 
and easterly by land of Thomas Howard ; and that it was 
agreed by and between the said Edwin, Gramaliel, and 
Thaddeus, that the said Thaddeus should convey and re- 
lease to them, the said Edwin and Gamaliel, and their 
heirs and assigns forever, all his right, title, and interest in 
the two tracts of land, of which he, together with the said 
Edwin and Gamaliel, were seized as aforesaid ; and that in 
consideration thereof, the said Edwin and Gamaliel should 
convey to him, the said Thaddeus, his heirs and assigns 
forever, the last described tract of land : And that it was 
then further agreed between the said Edwin, and the said 
Gamaliel, that the said Edwin should convey and release to 
said Gamaliel, his heirs and assigns forever, all his, the 
said Edwin's right, title and interest in and to the tract of 
land, above mentioned, containing twenty nine acres ; and 
that said Gamaliel, on his part, should convey and release 
to the said Edwin, his heirs and assigns forever, all his, the 
said Gamaliel's right, title and interest in and to the tract of 
land above described, as containing thirty one acres ; and 
that the said Edwin should pay the sum of two hundred 
dollars to the said Gamaliel, as the difference in value be- 
tween the said lots ; and that the said parties entered into 
possession accordingly ; and that the possession and im- 
provement has so been had and continued to the present 
time, but that no deeds have ever been executed by said 
parties ; and praying that he, the said Daniel Crane, in his 
said capacity of Administrator, may be authorized to ex- 
ecute and receive sufficient deeds, and to carry into effect 
the aforesaid agreement, which the said Thaddeus and Ga- 
maliel are ready to do on their part : 

Resolved, For reasons set forth in said petition, that the 
said Daniel Crane, Administrator, as aforesaid, be, and he 
hereby is authorized, in his said capacity, to receive from 
the said Thaddeus Howard and Gamaliel Howard, respec- 
tively, good and sufficient deeds of release and quit claim of 



D. CRANE TO CONVEY REAL ESTATE. 367 

all their right, title and interest in the tract of land contain- 
ing thirty one acres, as ahove described, to be held as part 
of the real estate, and for the benefit of the legal repre- 
sentatives of the said Edwin Howard, deceased, or to be 
disposed of for the payment of his debts, under the same 
regulations and restrictions ; and such deeds, so made to 
the said Daniel Crane, in his said capacity, shall have the 
same effect, in law, in all respects whatever, as if the same 
bad been made to the said Edwin Howard, his heirs and 
assigns, in his life time, in pursuance of the aforesaid agree- 
ment. And the said Daniel Crane, Administrator, as afore- 
said, is thereupon hereby further authorized to make and 
execute to the said Thaddeus Howard, his heirs and assigns, 
a good and sufficient deed of release and quit claim of all the 
right, title and interest which the said Edwin Howard had, 
or which his legal representatives now have, in the tract of 
land above described, as containing fourteen acres ; and, 
also, to make and execute to the said Gamaliel Howard, his 
heirs and assigns, a good and sufficient deed of release and 
quit claim of all the right, title and interest which the said 
Edwin Howard had, or which his legal representatives now 
have, in the tract of land above described, as containing 
thirty nine acres. And such deeds, so made by the said Dan- 
iel Crane, in his said capacity, shall have the same effect, in 
law, as if the same had been made by the said Edwin How- 
ard, in his life time, in pursuance of the aforesaid agreement*. 



CHAP. XXII. 

Mesolve authorizing Agents of South Parish in Harivicky 
to sell Lands in Brewster. June 15th, 1821. 

On the petition of Agents of the South Parish of Harwich, 
in the County of Barnstable, and for reasons set forth in 
said petition ; 

Resolved, That Obed Brooks, Elisha Doane, and Levi 
Snow, Agents of the said South Parish of Harwich, be, and 
they are hereby authorized and empowered, in behalf of 
said parish, to sell all the lauds lying in the Town of 



368 WARD LOCK.— MESSENGER. 

Brewster, which was set off to the Town of Harwich, by 
virtue of an act, entitled "an act to divide the Town of 
Harwich, and to incorporate the northerly part thereof into 
a separate town, by the name of Brewster,^' passed Febru- 
ary nineteenth, one thousand eight hundred and three, either 
at private sale, or public auction, as the Agents aforesaid 
shall think most advantageous for the interest of said parish* 
And the Agents aforesaid be, and they hereby are author- 
ized and empowered, good and suificient deed or deeds 
thereof to make, execute and deliver to the purchaser or 
purchasers of the same, according to law ; and that the pro- 
ceeds of said lands, when sold, be appropriated to the re- 
pairs of the meeting house of said Soutb Parish, conformably 
to the prayer of the aforesaid petitioners. 



CHAP. XXIII. 

Resolve for paying Ward Lock. June 16th, 1821. 

Mesolved, That there be allowed and paid from the 
Treasury of this Commonwealth, to Ward Lock, Assistant 
Messenger of the Governor and Council, two dollars for 
each and every day he has been, or may be employed in 
that capacity, during the present session of the Council. 



CHAP. XXIV. 

Resolve for paying the Messenger of the General Court. 
June 16th, 1821. 

Resolved, That there be allowed and paid out of the 
public treasury, to Jacob Kuhn, in full for his services as 
Messenger to the Greneral Court, and for his care of the 
State House, including those services mentioned in a resolve 
passed on the nineteenth day of October, in the year of our 
Lord o^e thousand eight hundred and fourteen, for the year 



TREASURER TO BORROW MONEY. 369 

oommencing the thirtieth day of May last, one thousand 
dollars, payable quarterly year; and His Excellency the 
Governor, with the advice of Council, is requested to draw 
his warrant accordingly. 



CHAP. XXV. 

Mesolve appropriating iS 1000 /or the purchase of Fuel. 
June 16th, 1821. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth to Jacob Kuhn, Messenger of the Greneral 
Court, the sum of one thousand dollars, to enable him to 
purchase fuel, and such other articles as may be necessary 
for the use of the General Court, together with the Govern- 
or's and Council Chamber, the Secretary's, Treasurer's and 
Adjutant General's Office, and also for the Land Office; he 
to be accountable for the expenditure of the same. 



CHAP. XXVI. 

Resolve authorizing the Treasurer to borrow S 50,000. 
June 16th, 1821. 

Resolved, That the Treasurer of this Commonwealth be, 
and he is hereby authorized and directed to borrow, of any 
of the banks in Boston, any sum not exceeding fifty thou- 
sand dollars, that may, at any time within the present year, 
be necessary for the payment of the ordinary demands made 
on the treasury ; and that he pay any sum he may borrow, 
as soon as money sufficient for the purpose, and not other- 
wise appropriated, shall be received into the treasury. 

Resolved, That the Treasurer be, and he hereby is au- 
thorized to exchange, upon the best terms in his power, any 
bills of banksji in the country, which he may have in his 
possession, for bills of the banks in Boston, whenever he 



370 QUARTER MASTER GENERAL. 

may deem it for the interest of the Commonwealth so to do, 
for the purpose of repaying any money which he may have 
borrowed for the use of tlie Commonwealth. 



CHAP. XXVII. 

Mesolve making appropriations for the Quarter Master 
GeneraVs Department, 8^c. June 16th, 1821. 

Resolved, That the Adjutant General be, and he is here- 
by authorized and empowered to appoint a suitable person 
as Military Store Keeper ; and the person so appointed 
shall be under the direction of the Adjutant General, and 
shall perform such services as shall be required of him, and 
shall follow and obe;^ such instructions and orders, as he 
shall from time to time receive, relative to the care of the 
Laboratory in Boston, and the Arsenal in Cambridge, as 
well as to the preservation and distribution of the public 
property there deposited ; and the said Store Keeper shall 
be removable at the pleasure of the Adjutant General. And 
the person who shall be appointed Military Store Keeper 
shall be entitled to receive, in full compensation for his ser- 
vices, a sum not exceeding six hundred dollars per annum ; 
which shall be paid him in equal quarterly payments ; and 
the said Store Keeper shall not be appointed for a longer 
term than to the end of the next session of this Legislature. 

Resolved further, That the sum of six thousand dollars 
be, and the same is hereby appropriated for the use of the 
Quarter Master General's Department, for the purpose of 
repairing the public buildings, and for defraying the ex- 
penses of that department. And that His Excellency, by 
and with the advice of Council, be requested to draw his 
warrant on the Treasurer for the same, for such sums, and 
such periods as the public service shall require, in favor of 
the Adjutant General, for the application of which he is to 
be accountable. 

Resolved further. That the Adjutant General be, and he 
is hereby authorized and empowered to employ a Clerk in 
his office, in addition to the one allowed by the act passed 
the sixteenth day of February last, until the end of the next 
session of the present General Court. 



/ *^ALE OK PUBLIC STOCKS. 371 

CHAP, xxvin. 

Resolve on the Sale of Public Stocks. June 16th, 1821. 

Resolved, That the Treasurer of the Commonwealth, for 
the time being, be, and he is hereby directed to receive the 
interest on the three per cent, stock and upon the six per 
cent, deferred stock of the United States, which has been, 
or may be sold and assigned by order of the Legislature, 
and that he pay over the same to the purchaser or purchas- 
ers of the said stock, together with all the reimbursement of 
principal thereon ; or that he give a power of attorney as 
Treasurer of the State to the purchaser or purchasers of 
the said stock, to receive the interest thereon, and the said 
reimbursment of principal, at their option. 



CHAP. XXIX. 

Resolve for engrossing and authenticating Articles of 
*lmendments to the Constitution. June 16th, 1821. 

Resolved, That the President of the late Convention, and 
the Secretary thereof, be requested to examine the Articles 
of Amendments of the Constitution which have been ratified 
and adopted by the people of this Commonwealth, when 
the same shall be engrossed, and to authenticate the same 
by putting their attestations thereto, as President and Sec- 
retary of the said Convention ; and that the Secretary of this 
Commonwealth communicate this resolution to the said Pre- 
sident and Secretary. 



CHAP. XXX. 

Resolve granting compensation to the Clerks of the General 
Court. June 16th, 1821. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to the Clerk of the Senate and the Clerk of 



372 PLYMOUTH BEACH LOTTERY. 

the House of Representatives, respectively, seven dollars 
per day, and to the Assistant Clerk of the Senate and the 
Assistant Clerk of the House of Representatives, each, the 
sum of five dollars, for each and every day they have or may 
be employed in that capacity, during the present session of 
the Legislature ; and the Grovernor is requested to draw hie 
warrant accordingly. 



CHAP. XXXL 

Resolve on Plymouth Beach Lottery. June 16th, 1821. 

Resolved, That should the Managers of the Plymouth 
Beach Lottery, attempt hereafter to proceed further in the 
sale of tickets, or the drawing of any class of said lottery, 
the Attorney General, or Solicitor General, be, and hereby 
is directed to take such legal measures to prevent the same, 
as to him, or them, may seem proper. 



CHAP. xxxn. 

Resolve to pay Thomas Walcutt. June 16th, 1821. 

Resolved, That there be allowed and paid to Thomas 
Walcutt, a Clerk in the Lobbies, for his assistance of the 
Members of the Legislature, thirty two dollars, in full for 
his services during the present session of the General Court* 



ROLL, No. 85....JUNE, 182L 



The Committee on Accounts having examined 
the, several accounts they now present.. ..Report, 
" That there is now due to the corporations and 
persons hereafter mentioned, the sums set to their 
names, respectively, which, when allowed and paid, 
will be in full discharge of tlie accounts, to tlie sev- 
eral dates therein mentioned, which is respectfully 
submitted. 

ELIHU HOYT, Per Order. 



PAUPER ACCOUNTS. 

Ashburnham, for supporting sundry paupers, to 

February 7th, 1821, 56 00 

Amesbury, for supporting sundry paupers, to April 

14th, 1821, 58 00 

Adams, for supporting sundry paupers, to May 

24th, 1821, 122 10 

Amherst, for supporting sundry paupers, to May 

20th, 1821, 55 72 

Alfred, (Maine,) for supporting sundry paupers, 

to the time of separation, IT 98 

Abington, for supporting sundry paupers, to April 

2d, 1821, 23 56 

Boston, for supporting sundry paupers, to April 

30th, 1821, 5,686 67 

49 



374 PAUPER ACCOUNTS. 

Bellingham, for supporting sundry paupers, to 

May 26th, 1821, 104 00 

Blandford, for supporting sundry paupers, to May 

26th, 1821, 57 00 

Belchertown, for supporting sundry paupers, to 

June 1st, 1821, 41 00 

Bradford, for supporting sundry paupers, to June 

1st, 1821, 21 57 

Beverly, for supporting sundry paupers, to June 

1st, 1821, 102 35 

Brighton, for supporting a pauper, to June 1st, 

1821, 52 00 

Brimiield, for supporting a pauper, to June 3d, 

1821, 21 00 

Brookfield, for supporting sundry paupers, to June 

5th, 1821, 32 00 

Chester, for supporting sundry paupers, to June 

26th, 1821, 71 40 

Carlisle, for supporting sundry paupers, to May 

28th, 1821, 21 00 

Colraiue, for supporting sundry paupers, to May 

24th, 1821, 88 16 

Chesterfield, for supporting sundry paupers, to May 

24th, 1821, 51 00 

Carver, for supporting sundry paupers, to June 

1st, 1821, 52 00 

Concord, for supporting sundry paupers, to June 

1st, 1821, 168 98 

Cheshire, for supporting sundry paupers, to May 

23d, 1821, 301 70 

Charlestown, for supporting sundry paupers, to 

June 9th, 1821, 1,560 13 

Conway, for supporting sundry paupers, to May 

23d, 1821, 52 00 

Clark, John F. Keeper of the House of Correction 

at Worcester, to March 21st, 1821, 22 29 



PAUPER ACCOUNTS. 875 

Douglas, for supporting sundry paupers, to April 

- 25th, 1821, 32 17 

Duxbury, for supporting sundry paupers, to May 

21st, 1821, 57 1 

Dartmouth, for supporting sundry paupers, to May 

28th, 1821, 34 00 

Dresden, (Maine,) for the support of John CuUen, 

to time of separation, 11 75 

Dauvers, for support of sundry paupers, to June 

5th, 1821, 498 72 

Edgarton, for supporting sundry paupers, to May 

20th, 1821, 52 00 

Enfield, for supporting sundry paupers, to May 

25th, 1821, 52 00 

Falmouth, (Maine, ) for supporting sundry paupers, 

to time of separation, 52 50 

Great Barrington, for supporting sundry paupers, 

to May 30th, 1821, 105 00 

Greenwich, for supporting sundry paupers, to June 

3d, 1821, 104 6 

Granville, for supporting sundry paupers, to June 

4th, 1821, 88 00 

Gloucester, for supporting sundry paupers, to June 

6th, 1821, 389 00 

Gill, for supporting Mary Lawson, to May 31st, 

1821, 13 00 

Greenfield, for supporting sundry paupers, to Jan- 
uary 1st, 1821, 91 28 
Hubbardston, for supporting sundry paupers, to 

May 27th, 1821, 52 00 

Hancock, for supporting sundry paupers, to May 

27th, 1821, 19 58 

Hanson, for supporting sundry paupers, to June 

4th, 1821, ' 65 50 

Heath, for supporting a pauper, to January 25th, 

1821, "7 85 



376 PAUPER ACCOUNTS. 

Hanover, for supporting sundry paupers, to June 

8th, 1821, 56 50 

Hard wick, for supporting sundry paupers, to June 

11th, 1821, 26 00 

Ipswich, for supporting sundry paupers, to June 

2d, 1821, 50 14 

Industry, (Maine,) for supporting a pauper to time 

of separation, 13 6 

Lanesborough, for supporting sundry paupers, to 

May 26th, 1821, 42 00 

Longmeadow, for supporting sundry paupers, to 

May 28th, 1821, 19 00 

Lee, for supporting sundry paupers, to May 30th, 

1821, 99 9 

Leicester, for supporting sundry paupers, to May 

2d, 1821, 36 44 

Lynn, for supporting sundry paupers, to May 

30th, 1821, 184 00 

Lenox, for supporting sundry paupers, to May 

29th, 1821, 218 49 

Leyden, for supporting sundry paupers, to May 

26th, 1821, 71 60 

Middleborough, for supporting sundry paupers, to 

May 1st, 1821, 488 00 

Marblehead, for supporting sundry paupers, to 

June 7th, 1821, 192 11 

Montague, for supporting sundry paupers, to May 

2d, 1821, 40 00 

Montgomery, for supporting sundry paupers, to 

January 6th, 1821, 27 00 

Manchester, for supporting sundry paupers, to 

May 31st, 1821, 39 00 

Marshfield, for supporting of sundry paupers, to 

May 19th, 1821, 19 00 

Milford, for supporting Bess Corbet, to June 12th; 

1821, 166 54 



PAUPER ACCOUNTS. 377 

Milton, for supporting sundry paupers, to June 

6th, 1821, 56 00 

Marlborough, for supporting sundry paupers, to 

May 28th, 1821, 78 00 

Nantucket, for supporting sundry paupers, to June 

12th, 1821, 62 33 

New Bedford, for supporting sundry paupers, to 

April 1st, 1821, 309 97 

Newbury, for supporting sundry paupers, to June 

1st, 1821, 584 54 

Newton, for supporting sundry paupers, to March 

15th, 1821, 9 42 

Otis, for supporting sundry paupers, to July 29th, 

1820, 26 00 
Orleans, for supporting sundry paupers, to Febru- 
ary 21st, 1821, 11 56 

Pepperell, for supporting sundry paupers, to May 

21st, 1821, 104 00 

Plymouth, for supporting sundry paupers, to June 

5th, 1821, 143 20 

Pelham, for supporting sundry paupers, to May 

15th, 1821, 52 00 

Palmer, for supporting sundry paupers, to June 

5th, 1821, 42- 00 

Rehoboth, for supporting sundry paupers, to May 

25th, 1821, 179 00 

Rochester, for supporting sundry paupers, to May 

27th, 1821, 52 00 

Russell, for supporting sundry paupers, to May 

21st, 1821, 92 16 

Robinson, William, Gruardian of Dudley Indians, 

for their support, to May 12th, 1821, 81 84 

Roxbury, for supporting sundry paupers, to June 

1st, 1821, 230 90 

Rowley, for supporting a pauper, to May 27th, 

1821, 21 00 



378 PAUPEH ACCOUNTS. 

Salem, New, for 'supporting Philip Haven^ and 

funeral charges, 29 00 

Sandisfieldj for supporting sundry paupers, to 

May 28th, 1821, 132 00 

Shutesbury, for supporting sundry paupers, to 

May 25th, 1821, 104 00 

Stockbridge, for supporting sundry paupers, to 

June 1st, 1821, 232 72 

Shelburn, for supporting sundry paupers, to May 

28th, 1821, 40 45 

Sandwich, for supporting sundry paupers, to May 

30th, 1821, 38 00 

Swausey, for supporting sundry paupers, to May 

26th, 1821, 70 14 

SheflBeld, for supporting sundry paupers, to June 

8th, 1821, 56 56 

Southbridge, for supporting London Derry, a pau- 
per, to May 18th, 1821, 109 20 
Salem, for supporting sundry paupers, to June 2d, 

1821, 2,611 58 

Stoughton, for supporting sundry paupers, to May 

26th, 1821, 27 00 

South Brinifield, for supporting sundry paupers, 

to May 25th, 1821, 20 00 

Townsend, for supporting sundry paupers, to 

April 30th, 1821, 14 00 

Taunton, for supporting sundry paupers, to May 

21st, 1821, 296 78 

tJxbridge, for support of Daniel Jaques, not al- 
lowed in former account, 5 00 
Westhampton, for supporting sundry paupers, to^ 

May 23d, 1821, 144 00 

Western, for supporting sundry paupers, to May 

29th, 1821, 93 88 

Westfield, for supporting sundry paupers, to June 

1st, 1821; 78 20 



PAUPER ACCOUNTS. 379 

Washington, for supporting sundry paupers, to 

May 26th, 1821, 37 14 

Worthington, for supporting sundry paupers, to 

May 28th, 1821, 42 00 

West Springfield, for supporting sundry paupers, 

to May 26th, 1821, 153 00 

Warwick, for support of sundry paupers, to May 

24th, 1821, 38 00 

William stown. for supporting sundry paupers, to 

May 28th, 1821, 118 59 

Westford, for supporting sundry paupers, to June 

7th, 1821, 47 00 

Worcester, for supporting sundry paupers, to June 

1st, 1821, 76 53 

Walpole, for supporting sundry paupers, to June 

2d, 1821, - 50 00 

Wade, Thomas, Keeper of the House of Correc- 
tion in Ipswich, for supporting sundry paupers, 
to June 4th, 1821, . 304 50 

Upton, for supporting sundry paupers, to May 

28th, 1821, 24 33 

Total, 819,437 52 



SHERIFFS' AND CORONERS' ACCOUNTS. 

Davis, W. Sheriff of Barnstable County, for re- 
turning votes, &c. to May, 1821, 9 60 

Hall, Joseph, Sheriff of Suffolk County, for sup- 
porting poor debtors in the Commonwealth's 
Graol, not chargeable to any town, and for at- 
tendance nine days upon the trial of James 
Prescott, Esquire, to May 25th, 1821, 302 81 

Hoyt, Epaphras, Sheriff of Franklin County, for 

returning votes, &c. to May 21st. 1821, 16 00 



380 SHERIFFS' AND COHONERS' ACCOUNTS. 

Worth, Jethro, Sheriff of Dukes' County, for re- 
turning votes, &c. to May, 1821, 16 00 

Badger, Thomas, Coroner of Suffolk County, for 

taking an inquisition, &c. to June 5th, 1821, 60 14 

Bourne, TJiomas, Coroner of Norfolk County, for 

taking an inquisition, &c. to June 1st, 1821, 16 60 

Crosby, William, Coroner of Barnstable County, 

for taking an inquisition, &c. to June 6th, 1821, 37 30 

Hewes, Samuel H. Coroner of Suffolk County, 

for taking an inquisition, &c. to June 5th, 1821, 12 76 

Lang, William, Coroner of Essex County, for 
taking an inquisition on the body of George 
Campbell, 15 75 

Sampson, Studley, Coroner of Plymouth County, 

for taking up and burying a dead body, 5 00 

Stowers, Joseph, Coroner of Suffolk County, for 

taking an inquisition, &c. to June 5th, 1821, 17 76 

Stevenson, Thomas, Coroner of Suffolk County, 

for taking an inquisition, &c. to June 10th, 1821, 27 93 



Total, 8537 65 



MISCELLANEOUS AND PRINTERS' ACCOUNTS. 

Allen, E. W. for printing Acts and Resolves, to 

August 1st, 1821, 16 67 

Burditt, J. W. for stationary for the Secretary's 

Office, to June 5th, 1821, 54 42 

Buckingham, J. T. for printing Acts and Resolves, 

to June 15th, 1821, 16 67 

Burditt, James W. for books, stationary, &c. to 

June 11th, 1821, 134 28 

Ballard and Prince, for green bocking, furnished 

the Messenger, to June 11th, 1821, 35 00 

Bacon, Henry, Assistant Messenger to the Greneral 

Court, 19 days, to June 15th, 1821, 38 00 



MISCELLANEOUS ACCOUNTS. 381 

Cutting, Elijah, Assistant Messenger to the Gen- 

eral Court, 17 days, to June 15th, 1821, 34 00 

Dearborn, Benjamin, for repairing the gold stand- 
ard balance for the Treasurer, to May, 1821, 5 00 

Duraut, William, for cleaning and repairing the 

windows of the State House, to June 11th, 1821, 46 50 

Gilman, S. K. (Mjaine,) for printing Acts and 

Resolves, for 1819, 16 67 

Gardner and Russell, for advertising for the Sec- 
retary of the Commonwealth, to June 12th, 1821, 16 66 

Grant, Moses, for repairing carpets, chairs, &c. at 

State House, to June 11th, 1821, 39 67 

Kuhn, Jacob, for sundry materials, labor, fuel, 

&c. balance in full, to June 12th, 1821, 20 75 

Loring, Benjamin, for books and stationary, for 

the Adjutant General's Office, to June 9th, 1821, 39 18 

Lindsey, Benjamin, for printing Acts and Re- 
solves, to May, 1821, 16 67 

Manning and Trumbull, for printing Acts and 

Resolves, for two years, to January 10th, 1821, 33 34 

Rider, Margaret, for 15 days services of her son, 
Thomas Rider, as Page to the House of Rep- 
resentatives, from May 30th to June 15th, 1821, 15 00 

Webster, Charles, for printing Acts and Resolves, 

to June, 1821, 16 66 

Wheeler, John H. for materials and labor in re- 
pairing the State House, to June 11th, 1821, 212 65 

West, Richardson and Lord, for books and sta- 
tionary, furnished the Secretary of the Com- 
monwealth, to June, 1821, 74 00 

Young and Minns, for newspapers for Members of 

the Legislature, to February 23d, 1821, 18 40 

Thomas and Andrews, for three sets, of three vol- 
umes each, Massachusetts Laws, delivered the 
Secretary of the Commonwealth, 24 00 

50 



382 



MISCELLANEOUS ACCOUNTS. 



Yose, Isaac and Son, for hair cloth chair cush- 

ings, &c. to Jnne 11th, 1821, 72 00 

William Uinsmore, Jason Braman, Thomas Hol- 
den, (Constables,) for attendance at the trial of 
James Prescott, Esquire, to April, 1821, 40 50 

Daniel Stickney, as a witness before a Committee 
of the Legislature, on the subject of fees of the 
Judge and Register of Probate for the County 
of Essex, 

James Kimball, 

Amos Kimball, 

Thomas Hovey, 

William Johnson, 

John Foster, 

Nathaniel Swift, 

David Grray, 

James Gardner, 

Joseph Shed, 

Thomas Gage, 

Jacob Gerrish, 

Jonathan Archer, 

Ebenezer Mosely, 

Clapp, William W. printer, for newspapers fur 
nished the Members, to the end of the session, 

Russell, Benjamin, by Russell and Gardner, for 

printing for the Government, to June 8th, 1821, 1,015 41 

Russell, Benjamin, for newspapers and advertis- 
ing, to June 16th, 1821, 100 58 

Young and Minns, for publishing Laws, and news- 
papers, to June 15th, 1821, 



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4 80 
4 40 
4 40 
4 40 
6 40 
4 40 
4 00 
4 00 

1 80 

2 60 



4 80 

5 20 
3 60 
5 20 

2 12 



48 51 



Total, 82,301 31 



MILITARY ACCOUNTS. 383 



Jldjiitants. 

Alleu, Charles, 3d Regiment, 1st Brigade, 7tli 

Division, to April 30tli, 1821, 10 00 

Adams, Gibbens, 4th Regiment, 2d Brigade, 4th 

Division, to March Sth, 1821, 21 80 

Atwood, G. B, 3d Regiment, 2d Brigade, Sth Di- 
vision, to April 26th, 1821, 15 00 
Billings, Asahel, 4th Regiment, 2d Brigade, 4th 

Division, to 7th March, 1821, 17 l6 

Burnell, Baxter, 1st Regiment, 1st Brigade, 4th 

Division, to June 7th, 1821, 15 00 

Bryant, Nahum, 3d Regiment, 2d Brigade, 4th 

Division, to January 1st, 1821, 15 63 

Collins, Michael, 3d Regiment, 3d Brigade, Sth 

Division, to June 4th, 1821, 18 75 

Eells, Samuel, 2d Regiment, 1st Brigade, Sth 

Division, to April 20th, 1821, 18 75 

Elder, Norred, 1st Regiment, 4th Brigade, 4th 

Division, to January 1st, 1821, 15 11 

Higgins, E. H. 3d Brigade, Sth Division, to April 

15th, 1821, 15 00 

Morrell, Nathaniel, 2d Brigade, 2d Division, to 

April 1st, 1821, 15 7 

Newell, Luther, 1st Regiment, 1st Brigade, 1st 

Division, to March, 1821, 15 00 

Hathaway, Philip P. Sth Regiment, 2d Brigade, 

Sth Division, to June 7th, 1821, 12 SO 

Root, Albert A. 1st Regiment, 1st Brigade, 9th 

Division, to February ISth, 1821, 27 84 

Richardson, Wyman, 2d Regiment, 1st Brigade, 

3d Division, to June 1st, 1821, 21 25 

Sayles, Richard, 1st Brigade, 2d Division, to 

June Sth, 1821, 5 42 

Spring, Luther, 2d Regiment, 1st Brigade, 7th 

Division, to May 1st; 1821, 17 51 



384 RESOLVE TO ROLL NO. 85. 

Turner, John P. 1st Brigade, 5tli Division, to 

June 4th, 1821, 14 11 

Tobey, James, 1st Regiment, 3d Brigade, 5th Di- 
vision, to December 11th, 1821, 15 00 

Whiting, Solon, 1st Regiment, 2d Brigade, 7th 

Division, to September 19th, 1821, 16 25 



Brigade Majors, Mds de Camp, and Brigade garter 

Masters. 

Sampson, Joseph, Brigade Major, 3d Brigade, 

5th Division, to April 1st, 1821, 22 55 

Davis, John, Aid de Camp, 7th Division, to June 

14th, 1821, 22 32 

Stackpole, William, Brigade Quarter Master, to 

June, 1821, 34 00 

Total, S400 96 



Jlggregate of Roll, JVo. 84. 

Expense of State Paupers, - - - 19,473 52 

" of Militia, ----- 400 96 

^^ of Sheriffs and Coroners, - - 537 65 

Miscellaneous Expenses, - - - - 2,301 31 

Total, S22,713 44 

Besolved, That there be allovi^ed and paid out of the 
public Treasury, to the several corporations and persons 
mentioned in this roll, the sums set against such corpora- 
tions and persons' names, respectively ; amounting in the 



RESOLVE TO ROLL ]S0. 85. 385 

whole to the sum of twenty two thousand seven hundred 
and thirteen dollars, and forty four cents, the same being in 
full discharge of the accounts and demands to which they 
refer. 

[Approved by the Governor, June 15th, 1821] 



Commons ea\t\\ of iMassachusetts. 



SECRETARY'S OFFICE, SEPTEMBER 14, 1821. 

THE Resolves contained in this pamphlet, have been compared with 
the originals, and appear to be correct. 

ALDEN BRADFORD, 

Secretary of Commonwealth. 



INDEX 

TO THE RESOLVES, PASSED AT THE SESSION BEGINNING MAY THIRTIETH. 
AND ENDING JUNE SIXTEENTH, 1821. 



Abbot, John, to convey real estate of J. Cogswell, - - - 355 

Amendments to the Constitution, _-«--_ 351 

Attorney General, to account for balance of money, - - - 358 

B. 

Bank, New England, to have money paid by J. Wild, - - - 364 

Bliss, G. and others, grant to, ------ 363 

Bramin, Thomas, to be paid for building Gun House, - - - 360 

Brewster, lands in, to be sold, .--_..- 367 

C. 

Clerks of General Court, their pay, ------ 371 

Cogswell, J. real estate of, to be conveyed by Executor, - - 355 

Committee of Convention, pay ordered, ----- 360 

Committee on Accounts, pay to, - - - - - - 364 

Constitution, Amendments to, how to be promulgated, - - - 351 

" " to be authenticated, - . - 371 

Commissioners on Connecticut line, grant to, - - - - 363 

Crane, Daniel, to convey real estate, - - - - - 365 

E. 

Easton, taxes for town of, altered, - - - - - -355 

G. 

Gloucester, taxes in, to be collected by J. Mason, - - - 360 

Governor's Speech, --------- 342 

/ " Message, 357 

^puardians of Grafton Indians, to ^ell land, - - - - - 362 

^ H. 

Harwich, land in, to be sold, ------- 367 

Howard, Edwin, his real estate to be conveyed, - - - - 365 



INDEX. 

I. 

Indians, Grafton, Guardians of, to sell land, - - - - 362 

L. 

Larrabee, B. to have a new note, ------ 355 

Legislature, pay of Members of, established, - - - - 354 

Lock, Ward, Assistant Messenger of Governor and Council, - - 368 

M. 

Mason, J. to collect taxes in Gloucester, _ - - - 360 

Messenger of General Court, his salary, - • - - - 368 

" " " to purchase fuel, . - - - 369 

Mott, J. and J. Prentiss, released from a debt to State Prison, - 359 

P. 

Plymouth County, tax for, - -- - - - - 365 

Plymouth Beach Lottery prohibited, ------ 372 

Prentiss, J. and J. Mott, to be released of a debt, - - - 359 

Q- 

Quarter Master General's account settled, - - - - - 363 

" " " appropriation for, _ - - - 370 

S. 

Somerset and Easton, taxes for, altered, ----- 355 

State Prison, allowance for, ------- 362 

^« " debt to, released, 359 

T. 

Taxes for Easton and Somerset, altered, - - - - - 355 

Tax for Plymouth County, - - - - - - -365 

Treasurer to sell deferred stock, ------ 359 

" to borrow money, ------- 369 

*' to pay over interest, - - - - - - 371 

W. 

Walcut, Thomas, his pay, -------- 372 

Warden of State Prison, grant for, ------ 362 

Wild, Jonathan, released from his recgonizance, - - - - 361 

" " to pay amount to New England Bank, - - 364 



RESOLVES 



THE GENERAL COURT 



CommonUJealrtj ofcJBa^^acIjupett^, 



PASSED AT THEIR SESSION, 



AVHICn COMMENCED ON WEDNESDAY, THE NINTH DAY OF JANUARY, AND 

ENDED ON SATURDAY, THE TWENTY THIRD DAY OF FEBRUARY, ONE THOUSAND 

EIGHT HUNDRED AND TWENTY TWO. 



Piiljlished agreeably to a Resolve of 16th JanuKi-y, 1812. 



y 




BOSTON : 

PRINTED FOR BENJ. RUSSELL, PRINTER TO THE STATE, 
BY RUSSELL AND GARDNER. 



18^22. 



RESOLVES 

OF THE 

GENERAL COURT OF MASSACHUSETTS, 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE NINTH DAY OF JANUARY, AND ENDED 

ON SATURDAY, THE TWENTY THIRD DAY OF FEBRUARY, ONE THOUSAND 

EIGHT HUNDRED AND TWENTY TWO. 

GOVERNOR'S MESSAGE. 

REPRESENTATIVES' CHAMBER, JANUARY 9, 1822. 

The Secretary of the Commonwealth came down from 
the Council Chamber, to the Senate and House of Re- 
presentatives, with the following Message from Hi§ 
Excellency the Governor. 

MESSAGE. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

Such is the present tranquil condition of the 
United States, such the prevalence of active indus- 
try, and such the general indications of prosperity 
in this Commonwealth, that few subjects offer them- 
selves for consideration, on the present occasion : 
but from a recollection of the many blessings by 
which we are distinguished, we are incited grate- 
fully to recognize the agency of a beneficent pro- 
vidence. 



388 GOVERNOR'S MESSAGE. 

In reviewing the condition and general aspect 
of the Commonwealth, you will, I am sure, observe 
with complacency, the attention bestowed on agri- 
culture. IMie improvements manifested in the cul- 
ture of the soil, and in the quality of our various 
kinds of stock, have increased the amount of an- 
nual production ; which, after yielding an ample 
supply for oiu' own consumption, has furnished a 
respectable surplus for the purposes of commerce. 

To the ordinary motives to agricultural enter- 
prize, arising from personal and domestic wants, 
and from the certainty of finding a ready market 
for surplus produce, there have been superadded, 
in the course of the last few years, nmnificent 
grants of the Legislature to the respective Agri- 
cultural Societies in the State, and the no less 
liberal contributions of individual citizens for the 
same object. And an impulse has been thus given 
to rural economy, that promises to be lasting and 
progressive. 

By the last census, we are informed that the pop- 
ulation of this State, amounts to five hundred and 
twenty three thousand, two hundred and eighty 
seven persons ; and it may be presumed that more 
than seventy five thousand of that number, are ex- 
clusively engaged in agriculture. Besides which, 
it is well known, that many persons who are enga-u 
ged in commerce and manufactures, are among 
the most useful and distinguished agriculturalists. 
Massachusetts therefore, is essentially an agricul- 
tural community. 

Since the adoption of the Constitution of the 



GOVERNOR'S MESSAGE. 389 

United States, the interests of commerce have been 
confided exclusively to the General Government; 
and the national prosperity is a satisfactory evi- 
dence that tlie trust has been understood and duly 
administered. But the interests of agriculture and 
manufactures may be considered as involved in tlie 
exercise of the power to regulate commerce, and 
the great mass of the people, who are devoted to 
these pursuits, as well as those who are engaged in 
commerce, must look to the same government for 
a just share of its consideration and regard. Ex- 
clusive favors to either, should neither be granted 
nor souffht. 

By the same census, it is very satisfactory to find^ 
that notwithstanding the separation of the State of 
Maine, and the emigrations which have gone to 
people the western States, Massachusetts has expe- 
rienced an augmentation of one hundred forty four 
thousand and five hundred souls, since the first 
census was taken, in the year one thousand seven 
hundred and ninety. From the same source, we 
learn that thirty three thousand, three hundred and 
sixty one persons are engaged in manufactures ; but 
no discrimination is made of the number employed 
in the several branches of the general class. But 
it is within our own knowledge, that many of the 
most' important manufactures are advantageously 
increasing. And we may observe, with particular 
satisfaction, the growing value of the manufactures 
of cotton, and of woolens, of salt, glass, and some 
other articles, which must be the more gratifying 
to every friend of his country, inasmuch as the im- 



390 GOVERNOR'S MESSAGE. 

pulse given to manufacturing industry, has sprung, 
not from artificial and fugitive causes, but from 
the permanent wants and circumstances of the na- 
tion, which must ensure their further success and 
stability. 

The flourishing cpndition of the cotton manufac- 
tures, must be contemplated with increased plea- 
sure, from the consideration, that the raw material 
is the growth of several of the southern States, and 
that while an increased intercourse between the 
two extremities of the Union must promote the in- 
terests of both, the union of all the States, under the 
influence of an equable and wise course of policy, 
will become more strongly cemented. And thus 
the United States, gradually developing their re- 
spective resources, and bound together by the 
strong ties of interest, will continue to increase in 
wealth, in distinction and happiness. 

I shall only add here one remark, on a subject 
equally connected with agriculture and manufac- 
tures. I refer to the raising of sheep. The high 
price of wool I am sensible has a tendency to call 
the attention of the farmer to the rearing of that 
useful animal. But it is apprehended, that until a 
plentiful supply of wool is afforded to the manufac- 
turers, that branch of industry must continue de- 
pressed. The subject is recommended to your 
consideration. 

In consequence of the death of the Honorable 
Timothy Bigelow, a vacancy took place in the 
Board of Commissioners appointed under the au- 
thority of the act relating to the separation of 



GOVERNOR'S MESSAGE. 391 

Maine, which vacancy has been filled by the ap- 
pointment of the Honorable George Bliss to the 
same office. The joint Board has been in session 
in the Town of Boston, since the vacancy was filled, 
and were for some time assiduously engaged in the 
arduous duties of their appointment. The Com- 
missioners adjourned in November to meet again 
in the month of February next. I shall cause to 
be laid before you a representation made to me by 
the Commissioners, by which you will be made ac- 
quainted with the measures they have thus far pur- 
sued, and the course which they propose to follow 
in further executing the responsible and difficult 
duties assigned them. Should nothing occur to 
render the intended surveys needless, the whole of 
the ensuing season will not be more than sufficient 
to accomplish the several contemplated objects. It 
is important to the interests of the Commonwealth 
that the right of option guaranteed to it by the pro- 
visions of the fifth article of the first section of the 
act above mentioned, should be retained and exer- 
cised agreeably thereto, as speedily as circumstan- 
ces will admit. It would be of less moment to the 
Commonwealth that this part of the arrangement 
should be speedily adjusted by the Commissioners, 
were it not that the duties and obligations towards 
the Indians in the State of Maine are still binding 
on this State. I flatter myself that nothing on our 
part will be wanting to give full effect to the pro- 
visions of the act of separation, unless an equitable 
compromise can otherwise be effected. 

It is not without reluctance that I request the 



392 GOVERNOR'S MESSAGE. 

attention of the two Houses to the subject of the 
State Prison in Charlestown. But such is the con- 
dition of that important establishment, resulting, as 
I apprehend, from a radical defect tn the original 
construction of the prison itself, that some further 
legislative interposition seems indispensable. And 
* faithfulness to the public interest exacts of me a 
communication of such views of the subject, as no 
inconsiderable examination and reflection, and the 
share I have had in the supervision of that institu- 
tion for the last ten years, have suggested. 

The points to which I particularly allude, and to 
which I wish more especially to invoke your atten- 
tion, relate to the number of solitary cells ; to the 
dimensions of the sleeping rooms, and the construc- 
tion of the workshops. Other objects connected 
with the ultimate design of the Legislature in es- 
tablishing the prison, will ofifer themselves to your 
notice when the subject at large shall be investi- 
gated. My remarks will be ciiiefly directed to the 
several points I have suggested. 

It will, I imagine, be conceded by all who have 
been possessed of the means of judging, that most 
of the mutinous disturbances which have arisen 
among the convicts may be ascribed to one, or to 
the union of all the circumstances above mentioned. 
The number of cells adapted to solitary confinement 
is so limited, that it has sometimes happened that 
there have been in the prison a greater number of 
convicts, under sentence to suffer solitary confine- 
ment, than there were cells to receive them ; so that 
it has been physically impossible for the Warden 



GOVERNOR'S MESSAGE. 393 

to carry into strict effect the sentences of the Courts 
of Judicature. Besides which, the paucity of cells 
has had a tendency to impair the discipline of 
the prison, inasmuch as the municipal government 
has been precluded from resorting to solitary con- 
finement as a punishment for violations of the laws 
of the prison, which has been found from experi- 
ence to be the most wholesome mode of punishing 
such offences. 

In regard to the size of the sleeping apartments, 
some of them no doubt were constructed upon the 
idea that massive locks and doors would prove suf- 
ficient to ensure the safe keeping of the tenants of 
the prison. But by a report of the Directors of 
the State Prison, dated November nineteenth, one 
thousand eight hundred and twenty one, which 
will be laid before you, that idea is proved to be 
fallacious; and by the same report it will be seen, 
that the room in which the late conspiracy overtly 
commenced, contained no less than ten convicts. 
While such a number of men continue to be thus 
placed together, in one dormitory, which, under 
the present architectural arrangements of the pri- 
son, is unavoidable, combinations and projects for 
effecting escapes must be expected. Men of a 
restless spirit, rendered desperate by crimes and 
restraint, estimate but slightly, any personal dan- 
gers that may possibly be encountered in executing 
plans of escape. In several insurrections which 
have taken place in the prison, since its establish- 
ment, it has been satisfactorily proved, that they 
resulted from longf previous contrivance and pre- 
ss 



394 GOVERNOR'S MESSAGE. 

paration, and that they included almost every con- 
vict in the prison ; many, if not the most of whom, 
^vei*e armed or provided with deadly weapons, 
which had been forged in the workshops, and of 
materials purloined from the Commonwealth, or 
their immediate employers. Fortunately, these 
insurrections have been suppressed, if not earlier 
detected, at the point of execution ; with great 
personal hazard, however, to the officers, and 
sometimes not without the use of military force, 
attended, in one instance, with the loss of the lives 
of several of the convicts. But though machina- 
tions #)r effecting mischief, are believed usually to 
be set on foot in the rooms intended for repose, yet 
the daily intercourse of the convicts, in the labora- 
tories, in the yards of the prison, and at their 
meals, is improved to bring them to maturity. The 
single fact that I just mentioned, that in the several 
insurrections which have taken place, the prisoners 
have been found to be armed with deadly weapons 
which had been forged in the workshops, and of 
materials obtained by stealth, is a demonstrative 
proof of the want of adaption of the several apart- 
ments intended both for rest and labor, to the ulti- 
mate purposes of the institution. 

From the best information I have been able to 
obtain by personal inquiry and otherwise, I am led 
to conclude that successive repetitions of such enor- 
mities as have heretofore occurred, are only to be 
avoided by a modification of the prison itself. The 
indiscriminate manner of commingling different 
classes of character, whether for repose, for meals. 



GOVERNOR'S MESSAGE. B§5 

or labor, invites and encourages clandestine schemes 
of revolt. And although there be no reason to 
doubt of the salutary influence of the mvmicipal 
laws of the institution itself, in preserving order 
and decorum among the tenants of the prison, ge- 
nerally, and in deterring some of the number from 
engaging actively and voluntarily in combinations 
and riots, yet no instance has been cited in which 
a convict has aided the officers in quelling opposi- 
tion. Such is the power of a sense of common 
interest among the convicts, and such the despotism 
of opinion constituting a species of self-government 
among themselves, that few have the courage, if 
they feel the inclination, ever to disclose the secrets 
of their fellows. Should not then these strong traits 
of character in the human kind be taken into the 
account, in adjusting our criminal code, and in the 
construction of our prisons and penitentiaries ? 

By the remarks I am now submitting to your 
consideration, I am far from wishing to derogate 
either from the pretentions of the penitentiary sys- 
tem, or from the merits of the individuals who pro- 
jected the plan of the building at Charlestown. 
My only object is to aid as far as possible, in bring- 
ing an intricate, and, as it affects this government, 
an interesting subject into view, that where errors 
have been discovered they may be corrected, and the 
true principles on which a beneficial system rests, 
may be ascertained. The moral nature of man, so 
far as its character has been defined, may afford 
probable ground for conclusions in reasoning from 
analogy. But under new and untried circumstan- 



^96 GOVERNOR'S MESSAGE. 

ces, as is the case in the penitentiary system, theo- 
retical reasoning may prove delusive ; and the 
actual developement of the passions, vinder novel 
and complicated associations, may equally disap- 
point the calculations of the legislator, and the 
hopes of the philanthropist. When the State Prison 
was founded, the subject was entirely new. A des- 
titution of practical results, at a moment too, when 
public opinion had already decided on an ameliora- 
tion of the criminal code, led to the assumption of 
the most promising theoretical principles ; and the 
faults in constructing the edifices, belong to the pe- 
riod in which they were reared, and not to the 
projectors. The destination of criminals to hard 
labor was little understood, and to the extent to 
which, in the progress of events it has since been 
carried, could hardly have been anticipated. The 
great experiment is still in progression, and the re- 
sult is only to be learned by experience. 

It may here be observed, that if the mischiefs 
which have been known to originate from the 
causes which have been stated, more especially 
from the free intercourse that has necessarily been 
permitted from the conformation of the dormito- 
ries, yards and work shops of the establishment, 
the inference is strong in favor of solitary confine- 
ment. If the intercourse and interchange of senti- 
ments among the convicts, nourish and heighten that 
spirit of restlessness, and eagerness to escape, inci- 
dent to a privation of liberty, and at the same time 
supply the means of efFectring the purpose, loneli- 
ness, by placing the convict Beyond the reach of 



GOVERNOR'S MESSAGE. 397 

associates and concert, precludes botli the means 
and tlie hope of escape. Solitude moreover, would 
ensure order and quietness in the prison, and in- 
spire stronger hopes of the moral effects of punish- 
ment. The causes of the disorders and insurrections 
which have taken place at the penitentiary, and 
have produced some degree of public disappoint- 
ment, I have endeavored concisely to state. By 
detecting speculative errors and mistakes, we shall 
be the better prepared to adopt a practical course, 
and to attain ultimately the desired results. The 
penitentiary system has high pretentions to estima- 
tion and regard ; and will, I presume, never be 
abandoned, until its claims to be allied with hu- 
manity and the public good, are practically dis- 
proved. 

I am aware that measures for placing the prison 
in a condition efficaciously to obviate the existing 
defects in the construction of it, and to obtain all 
the good effects which a well ordered penitentiary 
can afford, must be attended with considerable ex- 
pense. A hope, however, is indulged that the requi- 
site changes may be gradually effected, in a manner 
that shall ensure the safety of the prison, and with- 
out sensible pressure on the public treasury. But 
under the existing arrangements, I am persuaded 
that no attention, however assiduous, no watchful- 
ness, however intense, can effectually counteract the 
keen vigilance of a large number of men, who are 
full of health, impatient of restraint, eager for es- 
cape, and fearless of danger. 

During the recess I have received from the Go- 



398 GOVERNOR'S MESSAGE. 

vernor of the State of Ohio, sundry resolutions which 
had passed the Legislature of that State, " upon the 
subject of the proceedings of the Bank of the Uni- 
ted States against the officers of the State, in the 
United States Circuit Court," with a request that 
those resolutions and the report of a Committee of 
both Houses of the General Assembly, might be 
laid before you. 

During the same period, I received two commu- 
nications on the subject of a report and resolutions 
of the Legislature of Maryland, relative to the ap- 
propriation of public lands for the purposes of edu- 
cation in those states which have yet received no 
such appropriations, one from the Governor of New 
Jersey, and the other from the Governor of Vermont, 
accompanied with sundry resolutions of the Legis- 
lature of each of those states, approving the resolu- 
tions of the State of Maryland, requesting me to lay 
the same before you, and to solicit your co-opera- 
tion. Should the two houses think favorably of the 
proposition of the State of Maryland, I shall readi- 
ly yield my assent to a measure that appears to be 
founded on the principles of equal justice. 

Among: the documents which will be now com- 

o 

municated, is an exhibit of the state of the Treasury 
on the first day of the present month. At no period, 
perhaps, has the fiscal department of the government 
been exhibited in a manner more creditable to the 
Commonwealth, or to the administration of its reve- 
nue ; as on examination it will be seen that no town 
in the state stands debited for any amount of taxes 
assessed prior to the year one thousand eight hun- 



GOVERNOR'S MESSAGE. 399 

dred and twenty. It will likewise he seen that the 
whole sum due on warrants, committed to the seve- 
ral Sheriffs to collect, most of which the Treasurer 
states, have been but lately issued, amounts to about 
eight thousand dollars, so that the Commonwealth 
has realized all the taxes levied before the above- 
mentioned date. 

The several documents to which I have referred, 
will be laid before you by the Secretary. 

J. BROOKS. 

Council Chamber, January Wth, 1833. 



400 GOVERNOR'S MESSAGE.^J. KUHN. 

CHAP, xxxni. 

Governor's Message. January 12th, 1822. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

The death of the Honorable Major General Joseph B. 
Varnum, has occasioned a vacancy of Major General in the 
Third Division of the Militia of this Commonwealth. 

JOHN BROOKS. 

Council ChanibeVf January IZth, 1822. 



CHAP. XXXIV. 

Resolve authorizing the payment of S300 to Jacob Kuhij 
for Fuel. January 14th, 1822. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to Jacob Kuhn, Messenger of the General 
Court, the sum of three hundred dollars, to enable him to 
purchase fuel, and such other articles as may be necessary 
for the use of the General Court, together with the Govern- 
or's and Council Chamber, the Secretary's, Treasurer's and 
Adjutant General's Office, and also for the Land Office ; he 
to be accountable for the expenditure of the same. 



CHAP. XXXV. 

Resolve on pay of Valuation Committee. 
January i6th, 1822. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to the several persons, 



, COMMITTEE ON VALUATION. 401 

members of the Valuation Committee, named in the roll, 
the several sums therein annexed to their respective names, 
in full compensation for their travel and attendance as mem- 
bers of said Committee : And His Excellency the Governor 
is hereby requested to draw his warrant on the Treasury 
for the payment of said sums accordingly, 



53 



402 



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404 GOVERNOR'S MESSAGE. 

CHAP. XXXVL 

Governor's Message. January 17th, 1822. 

Gentlemen of the Senate, and 

Gentlemen of the House of Repines entativeSf 

The Secretary will lay before you, an abstract of the an- 
nual return of the Militia, and a return of the ordnance and 
military stores, in charge of the Quarter Master General's 
Department, together with two communications of the Ad- 
jutant General, explanatory of the abstract and return. 

The Constitution of the United States provides, that the 
Congress shall prescribe the mode in which the Militia of 
the several States shall be trained and disciplined. Re- 
cently, we find the General Government has directed, that 
the system of discipline and manceuvres of the army of the 
United States, shall be observed by the Militia. This 
change of system, as it ensures uniformity of discipline and 
practice in the Militia of all the States, must be approved 
by every reflecting mind. But as it renders all preceding 
modes of discipline obsolete and useless, such difficulties in 
acquiring a knowledge of their duty, must be thrown in the 
way of the officers, as their own means will not enable them 
to overcome. It is therefore offered to your consideration, 
whether a sufficient number of copies of the regulations 
should not be provided, and furnished to the officers as 
books of instruction have heretofore been furnished, at the 
public expense? 

I would at the same time observe, that the same regula- 
tions require that each regiment of Militia should have a 
national standard and a regimental color ; and I would sug- 
gest the propriety of having the device on the latter prescri- 
bed by the Legislature, and in such a manner as to exhibit 
on one side, the insignia of the sovereignty of the Common- 
wealth. 

It would be needless for me to press on the enlightened 
Legislature of a free Commonwealth, an attention to the 
Militia, always of importance in a republic, but in our com- 
plicated system of government, of infinite magnitude. Mas- 
sachusetts has been distinguished for the high character of 



LUCY GUSHING. 405 

its Militia, not only during, but since the revolution. And 
the annals of the late war will attest, that to the prompti- 
tude and spirited exertions of a patriotic Militia, the State 
was indebted for its protection. The condition of the Militia, 
generally, through the State, I presume, was never in all 
respects so respectable as at tlie present time, and the mili- 
tary experience acquired by the oflBcers, and emulation that 
is observable in the ranks, promise still further improve- 
ments. Many obstacles, I am aware, oppose themselves at 
present to further attainments ; but some of them, 1 should 
hope, might be obviated by a revision of the law for regu- 
lating the Militia, which has been long contemplated, and 
is now recommended to your consideration. 

J.BROOKS. 

Council Chamber, January 17th, 1822. 



CHAP. XXXVII. 

Resolve autliori'zing Lucy CiisMng, to execute a Qiiit Claim 
Deed to Perez Pincin. January 18th, 1822. 

On the petition of Lucy Cushing, Executrix of the last 
will and testament of Christopher Cushing, late of Scituate, 
in the County of Plymouth, Esquire, praying to be authori- 
zed and empowered to convey, by a quit claim deed, certain 
land named in the petition ; 

Resolved, For reasons set forth in her said petition, that 
the said Lucy Cushing, in her said capacity of Executrix, 
be, and she hereby is authorized and empowered, to make 
and execute, to Perez Pincin, a quit claim deed of the land 
named and described in a bond, given by her late husband, 
Christopher Cushing, Esquire, deceased, to the said Perez 
Pincin, bearing date the seventeenth day of April, in the 
year of our Lord one thousand eight hundred and eighteen, 
according to the condition thereof. 



406 W. EMERSON.— W. HUNNEWELL. 



CHAP. XXXVIII. 

llesolve on the petition of Moses Emerson, 
January 22d, 1822. 

On tine petition of Moses Emerson, of Haverhill, in the 
County of Essex, yeoman, 

Mesolvedf That this Commonwealth do hereby transfer, 
release and quit claim, to the said Moses Emerson, liis heirs 
and assigns, all the right, title and interest, which has ac- 
crued to the Commonwealth, by way of escheat, in and to a 
tract of land, of which one William Cobbet, late of said 
Haverhill, died seized, and containing about three acres, 
as described and set forth in said petition. 



CHAP. XXXIX. 

Resolve on the petition of Walter Hunnewell. 
January 22d, 1822. 

On the petition of Walter Hunnewell, of Watertown, in 
the County of Middlesex^ praying for leave to make sale of 
the'real estate of his ward, Stephen Cook, of said Water- 
town, a lunatic ; 

Resolved, That the said W^alter, as Guardian of said 
Stephen, for reasons set forth in said petition, be, and here- 
by is authorized and empowered to make sale of the real 
estate of his said ward, as set forth and described in said 
petition, at public or private sale ; he the said Walter, first 
giving bonds to the Judge of Probate in said County of 
Middlesex, with sufficient sureties, to account for the pro- 
ceeds of said sale : Provided, however, that the sum for 
which the said Guardian should sell the estate of his said 
ward, be equal to the sum for which the co-tenant of his 
said ward, named in said petition, shall make sale of his in- 
terest in the said real estate. 



J3. M. FARLEY.— T. PAGE. 407 



CHAP. XL. 

Resolve on the petition of Benjamin M. Farlep 
January 22d, 1822. 

On the petition of Benjamin M. Farley, of Hollis, in the 
County of Hillsborough, and State of New Hampshire, 
Guardian of Lucretia G. Farley, Benjamin M. Farley, Ju- 
nior, Sally Farley and Lucy Farley, minors and children of 
the petitioner, and heirs at law of Lucretia Farley, decea- 
sed, praying for leave to make sale of real estate of his said 
minor children ; 

Resolved, That the said Benjamin M. Farley, Guardian, 
as aforesaid, of his minor children aforesaid, who are heirs 
at law of Lucretia Farley, deceased, as aforesaid, for rea- 
sons set forth in said petition, be, and hereby is authorized 
and empowered to make sale of all the real estate of his said 
children, as heirs at law of the said Lucretia Farley, decea- 
sed, as set forth in said petition ; and also, all other real 
estate situate within the County of Worcester, whereof his 
said children are seized, at private sale; he the said Benja- 
min M. Farley, first giving bond to the Judge of Probate in 
the County of Worcester, with sufficient sureties, to make a 
perfect and true inventory of all such real estate, and ren- 
der the same to the Judge of Probate of said County of 
Worcester, and to account for the proceeds of said sales, 
according to the existing provisions of the laws of this Com- 
monwealth, relating to minors' estates. 



CHAP. XLI. 

Resolve on the petition of Colonel Thaddeiis Page, respecting 
the discharge of Adjutant Clark. January 22d, 1822. 

Whereas Samuel Clark, of Boston, in the County of Suf- 
folk, Adjutant in the first regiment, third brigade and first 
division of Massachusetts Militia, has been afflicted for two 



408 TAXES m BERKSHIKE COUNTY. 

years with a mental derangement, anfl still continues in that 
state, without any hope of amendment or restoration to the 
proper exercise of his faculties. And, whereas the Militia 
law of this Commonwealth contains no provision by which 
an individual in the above described condition may be dis- 
charged from his oflBce ; and whereas, in consequence of the 
foregoing circumstances, the first regiment of the third brig- 
ade of the first division of Massachusetts Militia is at this 
time, and may so continue, deprived of the services of an 
important officer ; therefore, 

Resolved, That His Excellency the Commander in Chief 
be authorized, and he is hereby requested to grant to the 
aforesaid Samuel Clark, an honorable discharge from his 
oflRce of Adjutant of the aforesaid regiment. 



CHAP. XLII. 

Resolve remitting Taxes to the Gore, so called, in the Coun- 
ty of Berkshire. January 24th, 1822. 

Resolved, For reasons set forth in a statement of the Trea- 
surer of this Commonwealth, that the sum of sixteen dollars 
be remitted to the inhabitants living in a place called the 
Gore, lying north of Florida, in the County of Berkshire, 
for taxes for the years one thousand eight hundred and twen- 
ty, and one thousand eight hundred and twenty one. 



CHAP. XLIII. 

Resolve on the petition of Stephen Mams, granting 835 75. 
January 26th, 1822. 

On the petition of Stephen Adams, of Holliston, praying 
the allowance of his expenses and trouble in pursuing, ar- 
resting and bringing to justice, Michael Martin, a horse 
stealer ; 



GOVERNOR'S MESSAGE. 409 

Resolved, That there be allowed and paid to Stephen 
Adams, out of the public treasury, the sum of thirty five 
dollars and seventy five cents, in full of his account for said 
services and trouble ; and that His Excellency the Governoc 
be requested to dravt^ his warrant on the treasury therefor. 



CHAP. XLIV. 

Governor's Message. January 19th, 1822. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives , 

Pursuant to a resolution of the Legislature, passed the 
fourteenth day of February last, by which the Governor, 
with the advice and consent of Council, was authorized to 
take such measures as may seem necessary, to adjust and 
settle the claim of this State on the General Government, 
for expenses incurred during the late war, the Executive 
proceeded to examine into the grounds on which the merits 
of the claim rested, and to the consideration of the best 
measures for bringing the same before the government of the 
United States. To obtain a correct view of the principles 
which governed the decisions of the Councils of the Com- 
monwealth, during the period in which the disbursements 
were made, thorough research among a vast accumulation 
of documents was undertaken by an Executive Committee, 
and the result embodied in as condensed a report as the 
complicated nature of the subject would admit. Having 
proceeded thus far in pursuing the responsible duties en- 
joined by the resolution under which they acted, the Go- 
vernor and Council deemed it expedient to transmit a copy 
of the report to each of the Senators and Representatives of 
this State in Congress, invoking their aid in bringing the 
claim to a successful issue. Sufficient time has not elapsed 
since the transmission of the copies to the seat of the Gene- 
ral Government, to be informed of the coarse the Senators 
and Representatives of the State may deem it advisable 
further to pursue in prosecuting the claim. In the mea,n 
54 



410 GOVERNOR'S MESSAGE.— J. MELISH. 

time, I have deemed it proper, and have my own views on 
the subject confirmed by the advice of the Council, that a 
copy of the report of the Committee, as unanimously ac- 
cepted, should be laid before you, for your information. 

The Executive, fully sensible of the importance of the 
trust committed to their care, will pursue such further mea- 
sures as may seem necessary, from time to time, to accom- 
plish the objects contemplated by the resolution. 

A communication recently received from the Governor of 
the State of Kentucky, accompanied by sundry resolutions 
of the Legislature of that State, in relation to the appropri- 
ation of a portion of the public lands of the United States, 
for the purpose of promoting education, and to the right of 
the several States in the Union to a part of the same, with 
the report of the Committee of the Council, will be laid be- 
fore you by the Secretary. 

J. BROOKS. 

Council Chamber, January I9th, 1822. 



CHAP. XLY. 

Resolve on the petition of John Melish, January 28th, 1822. 

Resolved, That the Secretary of the Commonwealth be, 
and he is hereby authorized to take, for the use of the Com- 
monwealth, to be placed in the public offices and lobbies of 
the State House, six copies of the latest edition of Melish's • 
Map of the United States, at eight dollars and fifty cents 
each ; and upon the delivery of the same being certified,^ 
His Excellency the Governor is hereby authorized to draw 
his warrant on the treasury for the amount of the same. 



p. C. BROOKS.—S. WEAVER. 411 



CHAP. XLYI. 

Resolve allowing for the services of Peter C Brooks and 
L. Lawrence, Committee on Plymouth Beach Lottery 
concerns. January 29th, 1822. 

Resolved, That there be allowed and paid out of the trea- 
sury of this Commonwealth to the following persons, who 
were appointed a Committee, February ninth, one thousand 
eight hundred and twenty one, to examine, in the recess of 
the Legislature, into the accounts and concerns of the Ply- 
mouth Beach Lottery, so called, namely ; to Peter C. 
Brooks, twelve dollars, to Luther Lawrence, twenty dol- 
lars, in full for their services aforesaid. 



CHAP. XLYII. 

Resolve on the petition of Sheffell Weaver, 
January 29th, 1822. 

Resolved, That the Committee on Accounts be, and they 
are hereby directed to examine the accounts of Sheffell Wea- 
ver, as Gruardian to Indians, resident in the Town of Troy, 
and allow the same, or such part thereof, as they may deem 
just and equitable. 



CHAP. XLVIIL 

Resolve granting compensation to the Clerk of the Valua- 
tion Committee, January 30th, 1822. 

Resolved, That there be allowed and paid out of the Trea- 
sury of this Commonwealth, to Pelham W. Warren, three 
hundred and sixty two dollars, in full for his services, as 
Clerk of the Committee of Valuation, for sixty nine days' 
attendance^ and eighty four miles travel. 



412 D. GREENOUGH.--E. JONES. 



CHAP. XLIX. 

Mesolve on the petition of David Greenough. 
January 3ist, 1822. 

Upon the petition of David Greenough, a debtor to the 
State Prison, 

Resolved, That the Warden and Directors of the State 
Prison be, and they hereby are authorized to settle with the 
said David Greenough, his account with that institution, upon 
the following terms and conditions : That the said Greenough 
shall give security to the acceptance of the said Warden and 
Directors, within thirty days from tliis date, for the sum of 
two thousand dollars, one half payable in four months and 
one half in eight months ; and upon receiving such security, 
shall discharge the said Greenough from the demand. 



CHAP. L. 

Mesolve authorizing Eliphas Jones to sell Lands, 
January 31st, 1822. 

On the petition of Eliphas Jones, Guardian of Mary Tur- 
ner Jones and Henry Gardner Jones, minor children of the 
said Eliphas Jones, praying that he, or some other person, 
may be authorized to sell certain real estate belonging to 
said minors, situate in the County of Middlesex ; 

Resolved, For reasons set forth in said petition, that the 
said Eliphas Jones, of Belchertown, in the County of Hamp- 
shire be, and he hereby is authorized and empowered to sell 
and convey, in fee simple, at public or private sale, the real 
estate described in said petition, and to make and execute 
and deliver a good and sufficient deed of the same ; provi- 
ded, that the said Eliphas Jones shall first give bond, with 
sufficient sureties to the Judge of Probate for the County of 
Middlesex, conditioned that he will account for, and make 
payment of, the proceeds of said sale, agreeably to the rules 
of law. 



GOVERNOR'S MESSAGE.— T. WHITNEY. 413 

CHAP. LI. 

Governor's Message. February 1st, 1822. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

The Secretary will lay before you a letter from the Go- 
vernor of the State of Maine, dated the thirtieth of January 
last, together with sundry resolutions of the Legislature of 
that State, passed the twenty first of March, one thousand 
eight hundred and twenty one, and another resolution pass- 
ed the twenty ninth of January, of the present year. 

J. BROOKS. 

Council Chamber, February \st, 1822, 



CHAP. LIL 

Resolve on the petition of Thomas Whitney and others, 
February 1st, 1822. 

On the petition of Thomas Whitney and others, inhabit- 
ants of the Congregational Parish in the Town of Shirley, 
praying that any Justice of the Peace in Middlesex County, 
may be authorized to issue a warrant for calling a meeting 
of the inhabitants of said parish ; 

Resolved, For reasons set forth in said petition, that any 
Justice of the Peace, within and for the County of Middle- 
sex, be, and he is hereby authorized, on application in wri- 
ting, made to him by any three of said petitioners, to issue 
his warrant, directed to either of the persons applying for 
the same, in manner aforesaid, for calling a meeting of the 
inhabitants of said parish, qualified by law, to vote in pa- 
rish aifairs, at such time and place as he may direct, by 
posting up a notice of said meeting, in two public places ia 
said town, seven days at least, before said meeting. 



414 CALVIN SANGER.— JOHN BREED. 



CHAP. LIII. 

Resolve granting Compensation to Calvin Sanger, Esquire, 
one of the Valuation Committee. February 1st, 1822. 

Resolved, That there be allowed and paid to Calvin 
Sanger, Esquire, one hundred and seventy dollars, being 
in full for his attendance and travel, as one of the Commit- 
tee on the State Valuation ; and that the Governor be au- 
thorized to draw his warrant for the same. 



CHAP. LIV. 

Resolve on the petition of John Breed. February 2d, 1822. 

On the petition of John Breed, of Boston, merchant. Ad- 
ministrator on the estate of Ebenezer Breed, late of Charles- 
town, deceased; 

Resolved, That the Treasurer of this Commonwealth, for 
the reasons set forth in said petition, make and deliver a 
new State Note, to said John Breed, of the same tenor and 
date, as the note lost, numbered three hundred and fifty 
eight, dated July twenty eighth, one thousand eight hundred 
and ten, for the sum of one hundred and fifty eight dollars 
and eighty seven cents ; he the said John Breed advertising 
said note and making affidavit before some Justice of the 
Peace, to the truth of the facts stated in his petition, if he 
has not already so done, filing said affidavit in the treasury 
office, and giving bonds to the said Treasurer, in the penal 
sum of two hundred dollars, with one or more sureties, to 
secure the Commonwealth against any loss that may happen 
in consequence of the renewal of said note. 



W. JERNEGAN.— B. BALDWIN. 415 



CHAP. LV. 

Resolve on the petition of William Jernegan, referring the 

account of S. Mayhew, to the Committee on Accounts, 

February 4th, 1822. 

Resolved, That the Committee on Accounts be authorized 
and directed to receive and examine the accounts of Simeon 
Mayhew, Coroner for Dukes' County, and allow such sum 
to William Jernegan, Treasurer for said county, as may 
appear to them justly due from the Commonwealth, not- 
withstanding the statute of limitation. 



CHAP. LVI. 

Uesolve on the petition of Benjamin Baldwin. 
February 4th, 1822. 

Resolved, for reasons set forth in the petition of Benjamin 
Baldwin, that there be allowed a further time of two years 
from and after the passing of this resolve, to the said Ben- 
jamin Baldwin, to complete the payment of his notes due 
the Commonwealth, provided said Baldwin shall pay the 
interest of said notes annually. 



CHAP. LVII. 

Resolve on the petition of the Assessor^ of the Town of 
Pepperell. February 4th, 1822. 

On the petition of the Assessors of the Town of Pepperell, 
in the County of Middlesex, praying for authority to ap- 
point a Collector of Taxes, 

Resolved, for the reasons set forth in said petition, that 



416 PEPPERELTL— J. TALBOT. 

the said Assessors, and the Selectmen of said town, be, and 
they hereby are authorized and empowered to appoint a Col- 
lector of Taxes, instead of Joseph E. Wheeler, to levy and 
collect the taxes borne on the list made by said Assessors, 
for the north part or section of said town, for the year of our 
Lord one thousand eight hundred and twenty one : Provi- 
ded, however, that the Collector so appointed shall give bond, 
with sufficient sureties, for the faithful execution of said trust, 
before the said Assessors shall commit said list to him; and 
the person so appointed, and receiving said list of taxes, 
shall have the same power in all respects, to collect the 
same, as though he had been chosen and appointed by the 
inhabitants of said town, in manner and form as prescribed 
by the existing laws of this Commonwealth. 



CHAP. LVIIL 

Resolve on the petition of Josiah Talbot and others, author- 
izing the calling of a meeting of the First Congregational 
Parish in Sharon. February 7th, 1822. 

On the petition of Josiah Talbot and others, praying that 
a warrant may be issued for calling a meeting of the First 
Congregational Parish in the Town of Sharon ; 

Resolved, For reasons set forth in said petition, that Na- 
thaniel Gould, Esquire, be, and he is authorized and em- 
powered to issue his warrant, directed to some principal 
inhabitant of said parish, requiring him to notify and warn 
the freeholders and other inhabitants of said parish, who are 
qualified to vote in parish affairs, to meet at such time and 
place as shall be named in said warrant, to choose such pa- 
rish officers, as parishes are by law, authorized and required 
to choose in the months of March and April 



LEGISLATURE OF OHIO. 417 



CHAP. LIX. 

Resolve on a report of a Committee of the Legislature of 
OhiL February 7 th, 1822. 

The Committee of both Houses, to whom was referred so 
much of the communication of His Excellency the Governor, 
as related to the report of the joint Committee of both Houses 
of the General Assembly of the State of Ohio, on the com- 
munication of the Auditor of that State, upon the subject of 
the proceedings of the Bank of the United States, against 
the Officers of the State, in the Circuit Court of the United 
States, have had t!ie same under their consideration, and 
ask leave to submit the following report. 

The questions proposed for consideration by the pro- 
ceedings of the General Assembly of the State of Ohio, 
althongh of an interesting nature, are not new. It is a fa- 
miliar fact, that soon after the government of the United 
States went into operation, a National Bank, with offices of 
discount and deposit, in several of the States, was establish- 
ed by law; and that, in the course of the discussions which 
took place in the legislative bodies, and in tlie executive 
councils, the constitutional right of Congress to pass such a 
law, was fully examined in all its relations, by men, inti- 
mately acquainted with the principles of the constitution, 
and eminent for their ability and patriotism. It was then 
determined, that this power was vested in Congress by the 
constitution, and that the exercise of it was convenient and 
necessary to the fiscal operations of the government. This 
early construction of the constitution was acquiesced in, and 
acted upon, by all the departments of the government, till 
the charter of the bank expired by its own limitation. A 
short interval only elapsed, before the Secretary of the 
Treasury, in an elaborate report made to Congress, resumed 
the subject, and urged the institution of a National Bank, 
on similar grounds of constitutional right, expediency and 
necessity. Another act of incorporation, within a short pe-r 
riod after, with a much larger "capital, was granted, under 
the operation of which this great question was brought di- 
rectly under judicial cognizance. The Supreme Court of 
the United States, the ultimate tribunal for the determina- 
55 



418 LEGISLATURE OF OHIO. 

tion of all cases arising under the constitution and laws of 
the United States, have decided, after full argument upon 
all the questions raised, that the power to establish a hank 
is vested, by the constitution, in Congress ; and that its seve- 
ral branches are exempted from the taxing power of the 
States. The constitutional questions, then, having been 
thus solemnly determined, in all the forms in which they 
can arise, the construction thus given to the constitution ap- 
pears to your Committee, to be final, and binding upon the 
several States. If the operation of this is found to be in- 
jurious to the best welfare of the States, the remedy is to 
be found in an amendment to the constitution. The Legis- 
lature of this State, however, is not called upon to sanction 
any such amendment, but to express its opinion upon the 
report and resolutions of the General Assembly of Ohio : 
but to comply with the request fully, holding, as your Com- 
mittee do, different opinions, would occupy this Legislature 
with the details of arguments, better fitted for a judicial than 
a legislative body; and could hardly be justified by the 
sincere respect which is felt for the Legislature of the State 
of Ohio. Satisfied, as ybur Committee are, with the con- 
struction which has been so often, and so deliberately given 
to the constitution, they do not perceive that any important 
end can be obtained, by offering any thing more than the 
result of their reflections, in the form of resolutions, which 
are herewith respectfully submitted to the consideration of 
the Legislature. 

Fer Order, WARREN DUTTON. 

Resolved, by the Senate and House of Representatives, 
in General Court assembled, That in their opinion, the 
power to establish a National Bank, with branches thereof 
in the several States, is vested, by the constitution, in the 
Congress of the United States. 

Second. Resolved, That the act of Congress, passed on 
the tenth day of April, in the year of our Lord one thousand 
eight hundred and sixteen, to incorporate the subscribers to 
the Bank of the United States, is a law made in pursuance 
of the constitution of the United States. 

Third. Resolved, That inasmuch as the constitution of 
the United States, and the laws made in pursuance thereof, 
are the supreme law of the land, any thing in the constitu- 
tion or laws of any State, to the contrary notwithstanding, 



LEGISLATURE OF OHIO. 419 

the legislative acts of any State, so far as they prevent or 
defeat the operation of such laws, are void. 

Fourth. Resolved, That the act of the Legislature of the 
State of Ohio, levying a tax upon the branch of the National 
Bank, established there, Avith the other measures proposed, 
would, if carried into effect, expel from the state such branch, 
and defeat the operation of the law, by virtue whereof it was 
established. 

Fifth. Resolved, That as the judicial power of the United 
States extends to all cases arising in law and equity, under 
the constitution and laws of the United States, it belongs to 
the judicial department, to determine all casxjs arising from 
a conflit between the laws of the United States and the laws 
of a particular State. 

Sixth. Resolved, That, in the opinion of this Legisla- 
ture, the proceedings of the Circuit Court of the United 
States, for the District of Ohio, against the officers of that 
State, do not violate the eleventh amendment to the consti- 
tution of the United States. 

Seventh. Resolved, 'Thvii the constitutional exercise and 
preservation of the judicial power of the United States, is 
essential to the safety and prosperity of the Union : And 
that, while this Legislature will be ever ready to aiford its 
aid to any State, against manifest usurpation, or real en- 
croachment upon its rights, it will also yield a reasonable 
confidence and support to all the departments of the nation- 
al government, so long as they continue in the rightful exer- 
cise of their constitutional powers. 

Eighth. Resolved, That His Excellency the Governor be 
requested to transmit to the Governors of the several States 
of the Union, a copy of the foregoing report and resolutions. 



CHAP. LX. 

Resolve on Resolutions of Maryland, respecting Public 
Lands. February 9th 1822. 

The Committee of both Houses of the Legislature, to 
whom, at a former session, was referred a message of His 
Excellency the Governor, communicating sundry resolu- 



420 LEGISL ATUnE OF MARYLAND. 

tions of the Legislature of the State of Maryland, relative 
to the appropriation of a portion of the public lands of the 
United States, in certain cases, to the encouragement arid 
support of common schools, and other seminaries of learn- 
ing; and to whom, also, was referred that part of the several 
communications of His Excellency to both Houses, at the 
present session, relating to the same subject, and transmit- 
ting sundry resolutions of the Legislatures of the States of 
Vermont, New Jersey, and Kentucky, relative to the same, 
having, according to order, had the same under considera- 
tion, thereupon ask leave, respectfully, to submit the follow- 
ing report. 

The encouragement and general establishment of common 
schools, and the universal diffusion of tlie means of educa- 
tion among all the people of this Union, is unquestionably 
one of the most interesting and important objects which can 
now attract the attention of an American statesman. The 
principle upon which the structure of government in these 
States, is founded, is that of representative democracy. Go- 
vernment is established by the general will, and designed for 
the general good. The great body of the people not only vir- 
tually hold, but actually exercise a great portion of that pow- 
er, which puts in motion all the springs of government. It is 
essential therefore, that the great body of the people should 
be so far enlightened and instructed, as to enable them to 
make a judicious selection of representatives, to inform and 
interest themselves in the course and tendency, the justice 
and policy of public measures, and to form some just esti- 
mate of the character, conduct, and motives of those, to 
whom they have confided their political power, and their 
civil rights. Rulers also, should at all times be able to feel, 
that they may rely with safety and confidence upon the 
strength of enlightened public opinion, to sustain them in 
the adoption of all such measures, as justice, honesty, and 
the best ultimate good of the people may require. In a state 
of society and system of government, supported neither by ac- 
cumulated wealth, hereditary distinctions, or military force, 
a correct and enlightened public opinion alone can be relied 
on, to furnish that moral and intellectual power, which is 
necessary to give activity and efficacy to public measures, 
and thereby to secure the objects of all government, the pro- 
tection, liberty, and happiness of the people. But where 



LEGISLATURE OF MARYLAND. 421 

so lar?;e a portion of power is necessarily entrusted to the 
great body of the community, should the rising generation 
be suffered to grow to years of maturity, without education, 
and the majority of the people thus become ignorant, stupid, 
and depraved, it is quite apparent that, through the arts of 
designing and unprincipled men, they would soon become 
the victims of intrigue, and the instruments of violence, tt 
is quite manifest therefore, that a representative republic 
cannot be prosperous and powerful, except among an edu- 
cated an<l enlightened people. 

These considerations are fully sufficient to awaken a live- 
ly interest, and to insure the strictest attention to every pro- 
position, which contemplates tlie promotion of the means of 
general education. Your Committee, at the same time, are 
conscious of the propriety and duty of subjecting the princi- 
ples of every measure, which is proposed for the adoption 
of the Legislature, to a strict investigation, with a view of 
ascertaining whether it rests on the safe grounds of justice 
and expediency. They are sensible that this Legislature, 
representing the people t)f the Commonwealth, and the 
Congress of the United States, whose interposition it is 
proposed to invoke upon the present occasion, for the pur- 
pose of obtaining the object in question, do themselves exer- 
cise but a limited and delegated power, entrusted to them in 
certain measures, and for specified purposes; that it is there- 
fore necessary to be assured, not only that such object is de- 
sirable, but that it is just, practicable, expedient, and within 
the authority of those who are called upon to adopt it. 

By the report and resolutions of the Legislature of Mary- 
land, a claim is made upon Congress, in behalf of the old 
thirteen States, together with Maine, Vermont, and Ken- 
tucky, formed out of territory which has never been the 
property of the United States, to the exclusion of the new 
States, for a very large grant of public lands, for the pur- 
poses of education. This claim is asserted and urged, as 
one, not of favor, but of justice, and one therefore, which, if 
well founded, Congress is bound to grant, without regard to 
any considerations of convenience or expediency. 

There seems to be nothing in the circumstances, under 
which the United States acquired their title to these lands, 
which can have much influence upon the question. What- 
ever may have been the case formerly, their title is now 
universally acknowledged; subject, however, to the para- 



422 LEGISLATURE OF MARYLAND. 

mount right of the Ahorigines, where their title has not 
already been surrendered. A brief allusion to these cir- 
cumstances will be sufficient for the purposes of the present 
inquiry. The early grants made by the English government 
to the first colonists in North America, were unquestionably 
made under a profound ignorance of the geographical cha- 
racter and condition of the country. Most of them were 
extended in terms to the Pacific, or great Western Ocean. 
It was, no doubt, the policy of that government, to make 
these grants large and extensive in terms, with the view of 
anticipating the progress of other European powers, and 
thereby giving greater strength, and a wider extent to their 
own claim of sovereignty, over this part of the new world. 
The consequence of this utter ignorance of the state of the 
country, united to a disposition to make liberal grants, soon 
appeared in many conflicting claims and contested bounda- 
ries. These, however, except in the immediate vicinity of 
actual settlements, were of little importance, because the 
lands in dispute were of little or no value. But during the 
war, which terminated in the conquest of Canada, in which 
the colonists bore an active part, and still more during the 
revolutionary Avar, in consequence of the numerous military 
expeditions which were sent to the northern and western 
frontier, the fertility of soil, and other local advantages of 
the Western and North Western Territory, came to be bet- 
ter understood, and more duly appreciated. So triumphant 
were the arms of America, towards the close of that memo- 
rable struggle, and so lofty their pretensions, in consequence 
of the great interest which their cause had excited in Europe, 
and the consequent aid derived from numerous powerful and 
zealous allies, that, at the adoption of the treaty of peace, 
the American negotiators were left almost at liberty to dic- 
tate their own terms, in regard to boundaries. The conse- 
quence was, by prescribing very extensive limits, that in 
many points, large tracts of territory were included within 
these limits, which were never claimed, and scarcely on any 
pretence, however extravagant, could be claimed by any of 
the separate States. These tracts, thus ceded by the treaty 
of peace, in full sovereignty and property, necessarily be- 
longed to all the States jointly, in their aggregate capacity. 
After various delays and negotiations, between Congress 
and the several States, all those States having claims under 
their antient charters, to tracts of land beyond the bounds 



LEGISLATURE OF MARYLAND. 423 

of their actual settlements, with a spirit of conciliation and 
liberality, highly honorable to them, ceded these claims to 
the United States, in nearly every instance, without pecuni- 
ary considerations. To some of these cessions, conditions 
were annexed; but none which it is necessary to mention, 
in connexion with this subject. The object of all these 
cessions, seems to have been the same, and was well ex- 
pressed by Virginia, in her formal act of cession. This 
provides that these lands "shall be considered as a common 
fund, for the use and benefit of such of the United States as 
have become, or shall become members of the confederation 
or federal alliance of the said States, Virginia inclusive, ac- 
cording to their usual respective proportions in the general 
charge and expenditure, and shall be faithfully and bona 
Jlde disposed of for that purpose, and for no other use or 
purpose whatsoever." The inducement to these liberal ces- 
sions of territory, was to raise the credit, and strengthen the 
resources of the Union, and thus enable the general govern- 
ment to provide the means of paying or securing the debt 
incurred by the war, more especially that portion of it, 
which was due for military services. 

Subsequently, that vast tract of territory included under 
the name of Louisiana, and more recently the peninsula of 
Florida, were acquired by the United States, by purchase; 
and the consideration being paid out of the common trea- 
sury, these lands unquestionably became the common pro- 
perty of the Union. Your Committee, therefore, do cordially 
concur with the Legislature of Maryland, in the proposi- 
tion, "that in whatever point of view the public lands are 
considered, whether as acquired by purchase, conquest, or 
cession, they are, emphatically, the common property of the 
Union. They ought to enure, therefore, to the common use 
and benefit of all the States, in just proportions, and cannot 
be appropriated to the use and benefit of any particular 
State or States, to the exclusion of the others, without an 
infringement of the principles upon which cessions from 
States were expressly made, and a violation of the spirit of 
our national compact, as well as the principles of justice 
and sound policy." 

The Legislature of Maryland proceed to inquire how far 
Congress has acted in conformity with the dictates of im- 
partial justice, in the appropriations of the public lands ; 
and concluding that Congress has not so acted, theieupon 



424 LEGISLATURE OF MARYLAND. 

found a very large claim to these laiuls, in favor of the six- 
teen old States, to the exclusion of the new States and Ter- 
ritories, which are denominated the favored States. This 
claim may be thus stated. By the laws and regulations re- 
lating to the survey and sale of the public lands, hitherto 
acted on, and now in force, one thirty sixth part, being one 
section out of each township of six miles square, and divided 
into thirty six sections, is reserved to be appropriated to the 
use of schools, within such township. Certain other appro- 
priations, though of comparatively small amount, and not 
very distinctly stated, are alleged to have been made for 
seminaries of learning of a higher grade, assumed by the 
Legislature of Maryland, to be in the proportion of one fifth 
of the aggregate amount of the reservations for common 
schools. It is further assumed, that the same system for 
the survey and sale of these lands, will be observed, in all 
future time, until every acre of them is sold; an event, of 
the certain and speedy accomplishment of which, the Legis- 
lature of Maryland seem to entertain no doubt. Taking a 
computation, and estimate upon this assumption, in reference 
to all the lands of the United States, not only those which 
have been surveyed, but including all the unexplored sur- 
face of the Northwestern Territory, and the more extensive 
and unknown regions of Louisiana, stated to amount to be- 
tween four and five hundred millions of acres, the inference 
is drawn, that the total of literary appropriations, in the new 
States and Territories, will be fourteen million, five hun- 
dred seventy six thousand, five hundred and sixty nine and 
two thirds acres. At two dollars an acre, the amount in 
money, will be twenty nine millions, one hundred and fifty- 
three thousand, one hundred and thirty nine dollars and one 
third of a dollar. Then considering it as proved, that these 
appropriations to the new States and Territories do fur- 
nish a valid claim, in justice to the excluded States, to an 
equal quantity of land, in proportion to their extent of terri- 
tory, the Legislature of Maryland come to the conclusion, 
that nine million, three hundred and seventy thousand, seven 
hundred and sixty acres of land will be '^^ necessary to do 
justice to the States which have not yet had any." Such 
is the claim set forth by the State of Maryland, in behalf 
of herself and the old States. 

Your Committee, in the first place, cannot avoid remark- 
ing upon the extraordinary nature and amount of these esti- 



LEGISLATURE OF MAHYLAND. 425 

mates and deductions. The boundless and trackless regions 
of Louisiana, for instance, which are yet not only unexplo- 
red, but over the greater part of which, even the eye of an 
American citizen has never wandered, is taken to be a pre- 
sent valuable and available fund, out of which, in their 
whole extent, reservations may be made; and therefore, 
that the old States have a right to claim a quantity of land 
proportionate to these reservations, to be set off to them, with- 
in the settled States and Territories. Judging of the general 
character of that unknown and unexplored country, from 
the few portions of it which have been seen, H may be taken 
to consist mainly of vast plains, without wood, scantily wa- 
tered, and serving only, for a part of each year, to furnish 
coarse pasturage to immense herds of wild animals, but 
which would be of little value were it even nearer to places 
where some settlements have been made. If these lands 
can be taken into the account, for the purpose of swelling 
the quantity upon which our proportion is to be calculated, 
all being taken as it is to be of equal value, we cannot per- 
ceive why it would not be equitable to satisfy our claim out 
of the same lands. But the grant of a few hundred, or even 
a few millions of acres, upon the upper branches of the 
Yellow Stone River, along the eastern slope of the Rocky 
Mountains, or even upon the vallies of the Columbia River, 
would hardly be regarded as a favor, by Maryland or Mas- 
sachusetts, especially if they were under obligation to survey 
them, for a century to come. It is also to be considered, 
that a great part of the lands stated to belong to the United 
States, more especially those beyond the Mississippi, are 
still held by the Indian tribes, in full property, from whom 
the government must purchase, before they can acquire any 
right to sell them. 

It seems scarcely necessary to remark upon the extraor- 
dinary fallacy of fixing the price of two dollars an acre, 
upon those vast tracts of waste and unsettled territory. It 
is true that this is, or rather heretofore has been the price 
affixed by Congress to the public lands ; but it is to be con- 
sidered, that the expenses of surveying, and those attending 
the costly machinery of the land office system, are wholly 
borne by government; that although two dollars is the gi-oss 
price, yet with the credits, and discounts for prompt pay- 
ment, it amounts to about three quarters only of that sum, 
and more especially, and this circumstance wholly distia- 
56 



426 LEGISLATURE OF MARYLAND. 

guishes the two cases, that the lands thus sold for two dol- 
lars, lie within settled States and Territories, and arc in 
immediate and present demand, for the purposes of actual 
settlement. And it is this exaggerated estimate, which has 
led the Legislature of Maryland to the startling conclusion, 
that the grants or reservations in favor of the new States 
and Territories, may be estimated to amount in value, to 
the enormous sura of nearly thirty millions of dollars. This 
sum, we believe, is more than all the monies ever received 
from the sales of the public lands, from the commencement 
of the grants to the present time, a period of thirty five years 
of unexampled activity and enterprize; during which, set- 
tlements have been formed, and a population has grown up 
upon these territories, with a degree of rapidity entirely 
without parallel in the history of the progress of society. 

It is, however, truly observed by the Legislature of Ma- 
ryland, "that the magnitude of the appropriations which 
equal justice requires, cannot be considered as a reasonable 
objection to them." But your Committee are of opinion, 
that the magnitude of a claim, urged as a demand of right, 
furnishes a good reason for bringing it to the test of strict in- 
quiry, to ascertain whether it is in truth founded upon those 
principles of equal justice, upon which it is asserted. 

It is assumed throughout the report under consideration, 
that these reservations of land, for the use of schools, are 
to be justly regarded as donations or grants, to the several 
States and Territories within which they are situated, they 
are thus granted for the use and benefit of such States, 
and to be applied to state, and not to national purposes. 
Supposing this view of the subject correct, in regard to 
States already formed, and Territories actually peopled; 
upon what just ground can it be extended to the unnumber- 
ed States, existing only in anticipation, which may, at some 
future time, be formed out of these vacant Territories, in 
which a cabin has not yet been erected, and towards which 
the boldest of the frontier settlers have yet scarcely made 
an approach? A grant implies parties; there must be a party 
to receive, as well as a party to convey. Yet our claim can 
only be sustained, to the extent asserted, by proving our 
right to demand in present possession, an equivalent for 
these supposed donations to imaginary States."* 

But can these reservations be justly considered as grants 
or donations to any State within which they lie? A system 



LEGISLATURE OF MARYLAND. 42T 

for the survey and sale of the public lands lias been adopt- 
ed, originating in the celebrated ordinance of the twentieth 
May, seventeen liundred and eighty five, before the adop- 
tion of the present constitution, and modified by sundry acts 
of Congress. According to this system, lands intended to 
be sold, are surveyed before they are offered for sale, being 
actually divided into townships six miles square, and these 
subdivided into thirty six sections, each one mile square, 
and containing six hundred and forty acres. One of these 
sections, in each township, is uniformly reserved and given 
in perpetuity for the support of schools in the township. 
This plan being adopted and made known, before the town- 
ship is offered for sale, it is manifest that every purchaser, 
whether he take the whole or part of a township, purchases 
his land with this privilege annexed, and pays a full con- 
sideration for the privilege, in the price given for the land, 
to which such privilege is thus previously annexed. The 
United States, as proprietors of a township thus survey- 
ed, offer it for sale on these terms ; that if a purchaser, or 
company of purchasers, will pay for the thirty five sec- 
tions at the price fixed, they shall be entitled to a grant 
thereof in fee, and the United States will forever hold the 
thirty sixth section in trust, for the use and benefit of such 
purchasers and their assigns, for the support of schools. 
When land is taken at this ofler, the contract becomes com- 
plete, and the United States are bound to execute this trust 
with fidelity; and it would be a manifest breach of ftiith, to 
compel such purchaser, in any shape, to pay a further equi- 
valent for the privilege thus stipulated and paid for. But 
it would obviously be compelling such purchaser, thus to 
pay again for this benefit, if in consequence of such reserva- 
tions, other lands or other funds should be appropriated to 
the use of all other citizens of the United States, from the 
benefit of which, such purchaser should be excluded. Your 
Committee consider these reservations as one of the means 
resorted to by the government, to give value to their lands, 
and thus to encourage and promote the sale of them. Sup- 
pose the United States, upon opening a tract of land for sale, 
should stipulate to make certain roads to, and through them; 
would the price paid for such roads, be regarded as a gift or 
gratuity to the purchasers of the land, who should take it 
upon the terms thus offered? Every privilege, benefit and 
advantage, which an owner of property annexes to it, prior to 



428 LEGISLATURE OF MARYLAND. 

the sale, and which thus passes with the property, as one of 
its incidt^nts and appurtenances, must be considered as a sale 
for valuable consideration, and not as a gift or gratuity. 

This arrangement, by which a portion of the public lands 
sold, is reserved for schools, your Committee consider to be, 
in a high degree, wise and judicious. Whilst it serves to 
encourage the sale of the hinds, in the first instance, it re- 
mains as a growing fund, becoming valuable in proportion 
as the occasion for its application arises, by the increase of 
families within the township. Still it is a fund, paid for by 
the owners of such township, which the government cannot 
resume without injustice and breach of faith, and for which, 
it would be equally unjust to claim an equivalent from other 
funds. It may, perhaps, be asserted, that the annexation 
of this privilege to lands, does not enhance their value, and 
is not ordinarily taken into consideration by purchasers. 
Such an assertion, however, we think would be entirely un- 
warranted. It may be very true, that many individuals 
buy, without entering into 'any very exact computation of 
the value of this privilege, in dollars and cents. But as a 
general and known incident annexed to all lands derived 
from the public, as a general encouragement to settlers, pro- 
ceeding from places where the advantages of school educa- 
tion are known, enjoyed, and appreciated, its effect is pro- 
duced in that general aggregate of the judgments of men, 
which constitutes the market price, and fixes an average 
estimated value to such property. It is probable, therefore, 
that by enhancing this market price, and raising the general 
estimate of public lands, by the reservation of the school 
lot, a full equivalent is obtained, for every acre thus set 
apart, and reserved as a trust fund. 

The Legislature of Maryland appear to have anticipated 
this objection, and endeavor to answer it, by stating "that 
this increase of value has not been an exclusive benefit to 
the Atlantic States, but a benefit common to all the States, 
eastern and western, whilst the latter still enjoy exclusively 
the advantage derived from the appropriations of lands for 
literary purposes.'' But why, we ask, should it have been 
the exclusive benefit to the Atlantic States? These States 
were not the exclusive owners of these lands; they were the 
common property of all the people of the United States. If, 
therefore, the proceeds of these lands, thus raised in value, 
go into the common treasury of the United States, and thas 



LEGISLATURE OF MARYLAND. 429 

ennre to the benefit of the whole people, precise and exact 
justice is done to all parties. It is not to be forgotten, that 
an individual does not cease to be a citizen of the United 
States, by becoming a purchaser of its lands. It is the 
common case of an aggregate corporation, entering into a 
contract of sale with one of its members. As an individual, 
he pays into the common treasury a full equivalent for the 
property purchased; as a member of such corporation, he 
enjoys his full proportion of it, according to his share in its 
capital. 

But whatever may be considered to be the relation sub- 
sisting between the United States and the purchasers of any 
township, resulting from the school reservation, it seems 
quite manifest, that such reservation cannot be regarded as 
a grant to any State, or to the people of any State. The 
State Governments have no control over them, and can 
make no dispositi(m of them. It appears to have been taken 
for granted, that the purchasers must necessarily be the set- 
tlers of the public lands. But it is obvious, that a citizen 
of Maryland or Massachusetts may as well be the purchaser 
of these townships; and as the reservation enures to the 
benefit of the purchasers, and their assigns, this benefit 
would be extended to such persons as effectually, as if they 
were citizens of the State or Territory, within which such 
lands might lie. 

Your Committee would suggest another consideration 
which presents itself to their minds, as one of great weight, 
and which must reduce the claim in question to a very 
small proportion of its alleged amount, were it in other re- 
spects well founded. If the school reservation can in any 
respect be considered as a grant or donation, it can only be 
so considered, to the extent to which lands have been actu- 
ally sold, under the present system. Certainly where a 
township has been sold, with this privilege annexed. Con- 
gress cannot with good faith, revoke it. But where the 
rights of purchasers have not intervened. Congress has an 
unquestionable right to alter this system for the survey and 
sale of public lands, to recall the standing proposals now 
by law made to purchasers, without breach of faith, and to 
propose such other terms, as policy and expediency may 
dictate. This, in some instances. Congress has done. In 
some of the early grants, that to the Ohio Company, and J. 
C. Symmes, a like reservation was made for religions ob- 



430 LEGISLATURE OF MARYLAND. 

jects. Subsequently, this reservation was discontinued ; and 
no one ever thought of imputing to Congress a breach of 
faith in this particular, nor was any claim ever advanced, 
in consequence of this reservation, in behalf of the old 
States. Indeed, it is perfectly obvious, that the present 
system of sale is governed by considerations of expediency, 
and is one which Congress may discontinue at any moment. 
Should this now be done, what would become of all that 
part of the claim of the old States, founded upon a compu- 
tation of the four hundred million acres, not yet sold, sur- 
veyed, or explored. 

If, then, this claim were well founded, it could only be 
practically asserted at the present time, to the extent of that 
proportion of lands, which have been reserved upon sales 
actually made. Because, should Congress discontinue the 
accustomed reservation, and order a sale of the whole thirty 
six sections in each township, the old States would enjoy 
their full proportion of this common property, in the pro- 
ceeds of the sales, thus brought into the public treasury. 

Considering these school reservations, beyond townships 
actually sold, as altogether contingent, depending upon the 
will and judgment of Congress, and to be aff'ected by vary- 
ing views of policy, your Committee cannot but regard, with 
extreme surprize, the language of the Legislature of Mary- 
land, in which they speak of the whole fourteen million, 
five hundred and seventy six thousand acres, being the ag- 
gregate of what these reservations will be, throughout the 
whole of the unsurveyed territory of the United States, as 
land which <'has already been given to the favored States 
and Territories," and thereupon to found a demand for an 
immediate allowance of a proportionate amount in behalf 
of the excluded States. 

Your Committee, however, are far from entertaining a 
doubt of the purity and uprightness of the motives, in which 
this proposition originated. On the contrary, they firmly 
believe that the Legislature of Maryland, in the claim 
which they have advanced, and those of the other States 
which have given it their sanction, have been actuated by 
an honest, but very ardent desire to promote a highly inter- 
esting and laudable object, that of education; but through 
the zeal and earnestness with which this object has been 
pursued, they have been led to overlook the unsoundness of 
the principles upon which this extraordinary claim is as- 



LEGISLATURE OF MARYLAND. 431 

serted. But the allowance of this claim, looking as it avow- 
edly does, for large donations to some of the States, to the 
exclusion of others, if not fully established, and clearly 
shewn to rest upon principles of strict right, as a debt due 
from the favored to the excluded States, would be a palpa- 
ble violation of the dictates of impartial justice, so eloquently 
and powerfully urged by the Legislature of Maryland. 

Your Committee ask leave to call the attention of the Le- 
gislature to one more topic arising out of the subject com- 
mitted to them, which is, the ratio upon which it is proposed 
to distribute the lands among the old States, should they be 
granted by Congress, in pursuance of this claim. The Le- 
gislature of Maryland propose, that they should be distri- 
buted among these States in proportion to their respective 
superficial extent. This rule seems not only to be entirely 
arbitary, and founded on no principle of equity, but repug- 
nant to the general spirit and design of the cessions of the 
respective States, and a violation of the express condition 
upon which cessions were made by Virginia, namely, that 
these lands should enure to the benefit of all the States, 
^^ according to their usual respective proportions in the gen- 
eral charge and expenditure." This was the language used 
during the existence of the confederation, and was at that 
time entirely appropriate. It is not now strictly accurate to 
speak of these lands as the common property of the States; 
but conformably to the spirit and principles of the present 
constitution, they are rather to be regarded as the property 
of the people of the United States, directly and fully repre- 
sented in Congress. According to these principles, upon the 
present system, the proceeds of lands are brought into the 
treasury, and enure to the benefit of the citizens, in the exact 
proportion in which they contribute to the general charge ; 
therefore, the lands, if distributed, must equitably follow 
the same proportions. 

It is hardly to be presumed, however, that it is seriously 
in contemplation to grant the land itself to the sixteen States, 
respectively. Should eight or ten millions of acres be thus 
granted, with liberty to the several States to dispose of them, 
as they might think fit, it is very certain that so many sellers 
coming into the land market at once, would not only depre- 
ciate the value of their own lands, but entirely derange the 
present system of land sales, by the United States, and di- 
vert that source of revenue from its present channel, for 



432 LEGISLATURE OF MARYLAND. 

many years to come. To avoid this ruinous system, it 
would, probably, be proposed to pay in cash, a certain pro- 
portion of the proceeds of the sales of public lands. But in 
this case, it would be necessary to replace the same sum 
from other funds, so that in point of fact, it would be quite 
immaterial whether these sums were paid out of those pro- 
ceeds specifically, or from any other public monies, being 
in either case, a general charge on the treasury. Whether 
land therefore, or money, be distributed, no other equitable 
rule of proportion can be followed, than that of contribution 
to the general charge, because in either case, the amount 
thus taken, must be replaced by such contribution. Nor 
does it appear of the slightest importance whether those 
who are entitled to receive, happen to be closely settled on 
a small surface, or thinly scattered over an extensive terri- 
tory. Extent of surface, therefore, can furnish no safe or 
equitable rule of distribution. But it is, perhaps, easy to 
perceive the error, in which this proposed ratio of distribu- 
tion arose, and to trace it to that general delusion, if the 
expression may be indulged, in which this extraordinary 
claim itself originated. The aggregate of these school re- 
servations, being a portion of each township surveyed, for 
sale, must of course, be in exact proportion to the number 
of these townships. As a benefit promised to purchasers, 
this was the just proportion. Had such reservation been 
designed principally as a gift or gratuity, to inhabitants 
or settlers, independent of their interest in the lands, a dif- 
ferent proportion would naturally have presented itself. 
This circumstance throws additional light upon the nature 
and character of these reservations, as incidental merely to 
the grants to which they were annexed, and of couse, co- 
extensive with them. 

Such are the views, which your Committee have felt it 
their duty to submit to the Legislature, relative to the most 
important question, arising out of this subject. The further 
claim, founded on the suggestion that donations of lands 
have been made to certain States, for the support of semi- 
naries of learning of a higher grade, may perhaps stand on 
a footing somewhat different. Seven townships appear to 
have been granted for this purpose to several States and 
Territories, and others may have been granted, of the cir- 
cumstances attending which, and the considerations upon 
which they were made; your Committee have not been able 



LEGISLATURE OF MARYLAND. 433 

to obtain precise and satisfactory information. They are, 
however, so unimportant in point of amount, as not mate- 
rially to aifect the general question. If the reservations of 
tlie thirty sixth part of the public lands, for the support of 
schools, are not of a character to sustain the present claim 
in behalf of the old States, the proposition of the State of 
Maryland must entirely fail. A general desire to promote 
the great object of school education, will not be sufficient to 
justify an affirmative decision on this proposition. It is a 
question of strict right, between parties having adverse in- 
terests, the decision of which, may involve consequences 
deeply affecting the future peace and harmony of the Union. 
The form in which this claim is made, as well as the claim 
itself, appears calculated to awaken jealousy and discord. 
Some are denominated the favored, and others the excluded 
States. The latter are represented to be powerful, having 
one hundred and sixty nine Representatives in Congress ; 
the former feeble, having only seventeen Representatives. 
The question is ultimately to be decided by these Repre- 
sentatives, having themselves an interest in the question. 
As a question between parties thus situated, it becomes an 
imperious duty to waive all considerations of interest, poli- 
cy and expediency, and to decide only upon those unerring 
principles of justice, which can alone ensure harmony and 
safety. The question, whether Congress has power, and 
whether under any circumstances, it would be advisable to 
exercise it, in making appropriations for the encouragement 
and support of schools and other seminaries, for the common 
use and benefit of all the people of the Union, is one of an 
entirely different character, upon which your Committee 
feel confident, that the Legislature of Massachusetts will 
be ready to act with promptness and liberality, whenever 
that question is distinctly presented. 

Your Committee would have felt more entire confidence 
in the result of their inquiries, had not opinions of an oppo- 
site character been expressed by those, for whose judgment 
they entertain the highest deference and respect. This cir- 
cumstance has induced them to examine the subject with all 
the attention which other engagements would permit, and to 
assign the reasons which have influenced them, at much 
greater length than would otherwise have been proper. But 
believing that the proposition of the Legislature of Mary- 
land cannot be sustained upon just and satisfactory grounds, 
57 



434 LEGISLATURE OF MARYLAND. 

and that the adoption of it by this Legislature, would be 
attended with consequences highly injurious to the harmony 
and best interests of the Union, they ask leave to recom- 
mend the adoption of the subjoined resolutions. All which 
is respectfully submitted. 

For the Committee, 

LEMUEL SHAW. 

Resolved, That the public lands of the United States are 
justly considered to be the common property of the Union, 
an«l that no state can justly claim any exclusive appropria- 
tion of them. 

llesolvcd, That the reservation of certain lots of lands in 
townships offerecl for sale by the United States, for the sup- 
port of schools in such townships, in pursuance of standing 
laws, cannot justly be considered as a donation to the States 
within which such lands are situated, and cannot, therefore, 
entitle any other State to demand any land or other dona- 
tion by way of equivalent. 

Resolved, That His Excellency the Governor be request- 
ed to transmit copies of the foregoing report and resolutions, 
to the Governors of the several States, with a request that 
they will communicate the same to the Legislatures thereof, 
respectively ; also to each of the Senators and Representa- 
tives of this Commonwealth, in Congress. 



CHAP. LXL 

Report of the Committee of Valuation. February 9th, 1822. 

To the Honorable Senate, and Honorable 

House of Representatives of the Commonwealth of Massachusetts ^ 

The Coittmittee appointed by an order of the General 
Court, passed the fifteenth day of June last, convened at the 
State House, in Boston, on the seventh day of November 
last, attended by Pelham W. Warren, Esquire, whom they 
had elected a Clerk to keep a journal of their proceedings, 



VALtFATION. 435 

and proceeded to perform the duties required by said order. 
After examining the returns of the Assessors of the several 
towns and districts in the Commonwealth, made in pursu- 
ance of an act, passed on the thirteenth day of February, in 
the year of our Lord one thousand eight hundred and twenty 
one, entitled, " an act to ascertain the rateable estate within 
this Commonwealth," and correcting such returns as appear-^ 
ed to them informal, imperfect or erroneous, the Committee 
proceeded to estimate the several items of taxable property 
according to their true value, from the best information in 
their power to obtain. 

Your Committee have not in any instance imposed the 
penalty of twenty five per centum in addition to the aggre- 
gate of the taxable property of any town, on account of the 
neglect of the Assessors to make and return perfect lists of 
the taxable property therein, as they were authorized to do, 
although in the opinion of your Committee, there were im- 
perfect and informal returns. 

The journal of the Committee, which is herewith submit- 
ted, will furnish a complete history of their proceedings. 

In exercising the discretionary powers with which they 
were invested, the Committee have endeavored to proceed 
with great caution ; and they believe they have decided with 
integrity, after due deliberation. 

They submit the following apportionment of the sum of 
one thousand dollars on the several towns and districts ia 
this Commonwealth, as the ratio by which, in future, they 
are to be assessed, for the consideration of the honorable 
Legislature. 

By order of the Committee, 

JOHN PHILLIPS; Chairman. 



436 



VALUATION. 
COUNTY OF SUFFOLK. 



Polls. 


Towns. 


Aggregates. 


Pay on iglOOO, includ. 
Polls, at li mill each. 


9,480 
143 


Boston, 
Chelsea, 


3,585,568 00 
17,169 93 


331 66 
1 73 


9,623 


3,602,737 93 


333 39 



COUNTY OF ESSEX. 



2,800 


Salem, 


486,935 84 


47 30 


889 


Dan vers. 


60,674 23 


6 71 


561 


Ipswich, 


27,250 32 


3 25 


807 


Newbury, 


47,958 97 


5 46 


1,507 


Newburyport, 


137,940 00 


14 47 


1,325 


Marblehead, 


67,340 17 


7 95 


1,229 


Lynn, 


34,494 91 


4 90 


137 


Lynnfield, 


5,623 20 


70 


855 


Andover, 


49,413 68 


5 66 


1,003 


Beverly, 


51,184 76 


6 03 


460 


Rowley, 


21,788 82 


2 62 


500 


Salisbury, 


22,437 10 


2 74 


695 


Haverhill, 


37,540 45 


4 36 


1,514 


Gloucester, 


47,991 49 


6 52 


196 


Topsfteld, 


20,511 20 


2 11 


430 


Amesbury, 


20,217 21 


2 44 


412 


Bradford, 


19,341 93 


2 33 


344 


Methuen, 


16,367 75 


1 96 


214 


Boxford, 


15,237 54 


1 67 


126 


Wenham, 


6,626 73 


77 


291 


Manchester, 


11,646 45 


1 47 


182 


Hamilton, 


10,824 79 


1 23 


150 


Middleton, 


6,593 34 


81 


163 


Saugus, 


7,514 07 


91 


258 


Essex, 


15,381 47 


1 75 


342 


West Newbury, 


18,960 83 


2 19 


17,390 


1,267,797 25 


138 31 


COUNTY OP J 


^IIDDLESEX. 




254 


Acton, 


9,647 74 


1 24 


308 


Ashby, 


11,010 05 


1 43 


178 


Bedford, 


9,600 82 


1 12 



VALUATION. 
MIDDLESEX CONTINUED. 



437 



Polls. 


Towns. 


Aggregates. 


Pay on JglOOO, includ. 
Polls, at IJ mill each. 


317 


Billerica, 


17,283 72 


2 01 


202 


Brighton, 


15,666 56 


1 69 


130 


Burlington, 


6,684 12 


79 


110 


Boxborough, 


4,813 86 


59 


746 


Cambridge, 


61,828 88 


6 59 


159 


Carlisle, 


7,153 90 


87 


1,312 


Charles town. 


110,916 48 


11 83 


402 


Chelmsford, 


15,993 98 


2 02 


411 


Concord, 


26,463 39 


2 96 


344 


Dracut, 


13,372 89 


1 70 


152 


Dunstable, 


6,450 97 


80 


231 


East Sudbury, 


11,200 78 


1 34 


472 


Framingham, 


22,572 41 


2 71 


435 


Groton, 


24,500 25 


2 82 


282 


Holliston, 


15,130 71 


1 76 


375 


Hopkinton, 


16,933 41 


2 06 


264 


Lexington, 


15,311 32 


1 76 


164 


Lincoln, 


9,819 04 


1 11 


244 


Littleton, 


10,191 79 


1 27 


467 


Maiden, 


19,622 00 


2 44 


454 


Marlborough, 


24,150 76 


2 79 


324 


Medford, 


30,507 84 


3 19 


204 


Natick, 


10,487 39 


1 24 


491 


Newton, 


25,407 43 


2 99 


348 


Pepperell, 


12,269 13 


1 61 


425 


Reading, 


14,747 43 


1 95 


196 


Sherburne, 


12,094 92 


1 37 


207 


Shirley, ' 


7,046 74 


94 


293 


South Reading, 


9,263 51 


1 14 


176 


Stoneham, 


5,228 21 


72 


235 


Stow, 


10,502 40 


1 28 


312 


Sudbury, 


15,988 34 


1 89 


221 


Tewksbury, 


8,739 89 


1 11 


362 


Townsend, 


10,439 42 


1 47 


215 


Tyngsborough, 


7,407 43 


97 


443 


Waltham, 


27,212 64 


3 14 


381 


Watertown, 


27,800 83 


3 02 


289 


West Cambridge, 


13,507 87 


1 63 


309 


Westford, 


15,467 04 


1 88 



43S 



VALUATION. 



MIDDLESEX CONTINUED. 



oil. 


Towns. 


Aggregates. 


Pay on ^looo, includ. 
Poils,at 1| mill each. 


192 
403 


Weston, 

Wilmington, 

Woburn, 


17,601 29 

8,554 88 

16,490 54 


1 98 

1 05 

2 06 


14,722 


793,085 00 


92 28 



COUNTY OF WORCESTER. 

80,539 85 
18,243 10 
12,024 92 
25,800 00 
14,767 75 
13,352 30 
13,480 02 
19,248 43 

9,105 63 
16,964 46 
17,132 45 
12,678 37 
13,294 55 
12,535 43 
20,012 35 
18,734 31 
12,521 15 
14,144 58 
18,282 39 
12,000 00 
15,344 56 

6,292 30 
19,851 03 
14,000 00 

9,525 77 
17,070 98 
18,973 53 
12,072 53 

7,956 23 
15,792 42 

4,720 27 
14,303 83 



753 


Worcester, 


452 


Sutton, 


322 


Winch en don, 


494. 


Mendon, 


276 


Milford, 


388 


Oxford, 


362 
377 

229 


Royalston, 

Spencer, 

Oakham, 


421 


Westminster, 


444 


Leominster, 


292 


Bolton, 


332 

283 


Templeton, 
Western, 


455 

309 


Sterling, 
Princeton, 


254 


Southborough, 


333 


Holden, 


403 


Hard wick. 


249 
374 


Milbury, 
Harvard, 


199 


Northbridge, 


394 


Petersham, 


405 
219 

388 
429 


Dudley, 
West Boylston, 
Shrewsbury, 
Uxb ridge, 


203 


New Braintree, 


208 


Gardner, 


365 


Grafton, 


154 


Dana, 


297 


Wes thorough^ 



8 26 


2 


30 


1 


54 


3 


02 


1 


72 


1 


69 


1 


73 


2 


27 


1 


15 


2 


13 


2 


19 


1 


56 


1 


68 


1 


53 


2 


45 


2 


12 


1 


49 


1 


76 


2 


22 


1 


42 


1 


92 





86 


2 


35 


1 


85 


1 


17 


2 


10 


2 


31 


1 


47 


1 


01 


1 


95 





65 


1 


72 



V /^- A- 



VALUATION. 



439 



WORCESTER CONTINUED. 



Polls. 


To^vns. 


Aggregates. 


Pay on ;g'000, includ. 
Pol IS, at U mill t-ach. 


278 


Lunenburgh, 


14,908 89 


1 74 


334 


Hubbardston, 


13,519 72 


1 70 


438 


Lancaster, 


19,399 15 


2 38 


286 


Douglas, 


9,872 67 


1 31 


124 


Ward, 


7,080 75 


82 


537 


Brookfleld, 


26,099 83 


3 11 


288 


Ashburnbam, 


11,384 52 


1 44 


247 


Upton, 


8,239 45 


1 10 


184 


Berlin, 


7,169 04 


92 


307 


Rutland, 


19,296 01 


2 16 


400 


Sturbridge, 


20,136 34 


2 37 


155 


Pax ton, 


6,944 08 


85 


393 


Fitchburg, 


14,390 68 


1 86 


540 


Barre, 


26,149 19 


3 12 


499 


Charlton, 


28,000 00 


3 23 


205 


Boylston, 


10,590 05 


1 25 


303 


Athol, 


12,196 69 


1 53 


244 


Phillipston, 


9,586 18 


1 22 


269 


Northborough, 


11,449 67 


1 41 


268 


North Brookfield, 


12,748 59 


1 44 


247 


Southbridge, 


11,866 30 


1 42 


293 


Leicester, 


17,046 50 


1 95 


17,852 


849,439 79 


101 99 



COUNTY OF HAMPSHIRE. 

Amherst, 

Belch ertown, 

Greenwich, 

Enfield, 

Granby, 

Curamington, 

Northampton, 

West Hampton, 

Pelham, 

Williamsburg, 

Worthington, 

Plainfield, 

Ware, 



19,879 


14 


17,022 


07 


7,299 


31 


8,230 


67 


8,674 76 1 


9,085 


78 


37,774 46 1 


8,704 90 


8,925 


40 


11,848 


14 


12,615 


58 


9,061 


93 


7,725 


51 



2 45 
2 35 

92 



03 
13 
19 
38 
05 
22 
45 
54 
14 
09 



440 



VALUATION. 

HAMPSHIRE CONTINUED. 



Polls. 


Towns. 


Aggregates. 


Pay on glOOO, includ. 
Polls, at 1^ mill each. 


280 


Southampton, 


9,233 06 


1 24 


186 


Norwich, 


6,924 81 


89 


253 


South Hadley, 


9,326 10 


1 21 


214 


Hatfield, 


16,823 01 


1 81 


170 


Middlefield, 


8,779 70 


1 04 


156 


East Hampton, 


5,166 74 


70 


162 


Goshen, 


7,167 24 


87 


318 


Chesterfield, 


11,676 64 


1 51 


331 


Had ley, 


18,055 05 


1 94 


6,190 


260,000 00 


32 15 



837 
830 
547 
375 
380 
155 
364 
294 
99 
149 
321 
435 
273 
264 
423 
441 
161 
107 



6,455 



236 
489 
476 
182 



COUNTY OF HAMPDEN. 

Springfield, 

West Springfield, 

Westfield, 

South wick, 

Granville, 

Tolland, 

Blandford, 

Chester, 

Russell, 

Montgomery, 

Longmeadow, 

Wilbraham, 

Ludlow, 

Palmer, 

Brimfield, 

Monson, 

South Brimfield, 

Holland, 



53,405 


15 


36,741 
24,616 
13,817 
13,020 


59 
91 
90 
37 


5,902 
13,358 


89 
33 


9,266 46 
3,760 43 
3,038 98 


12,636 


36 


16,388 76 
8,209 86 


9,092 77 
18,314 28 
18,293 30 


6,420 
4,352 


69 
17 


270,637 


20 



COUNTY OF FRANKLIN. 





5 


99 


4 


50 


3 


00 


1 


78 


1 


72 


75 


1 


73 


1 


26 


48 





49 


1 


60 


2 


10 


1 


14 




1 


20 


2 


26 


2 


28 





81 





55 



33 64 



Buckland, 


7,499 28 


1 02 


Colraine, 


17,081 93 


2 25 


New Salem, 


15,824 76 


2 12 


Orange, 


9,718 81 


1 14 



VALUATION. 



441 



FRANKLIN CONTINUED. 



Polls. 


Towns. 


Aggregates. 


Pay on igiooo, inciud- 
Polls, at ii mill each. 


299 


Greenfield, 


19,336 92 


2 16 


270 


Whateley, 


9,850 55 


1 28 


189 


Leverett, 


5,689 05 


79 


232 


Wendell, 


6,667 77 


94 


382 


Conway, 


18,675 64 


2 23 


247 


Heath, 


6,519 62 


95 


271 


Charlemont, 


7,603 94 


1 08 


201 


Barnardstown, 


8,197 02 


1 02 


411 


Deerfield, 


21,894 32 


2 56 


154 


Hunderland, 


7,957 40 


84 


225 


Shelburne, 


9,345 85 


1 17 


201 


Rovve, 


5,467 30 


79 


281 


Warwick, 


11,757 85 


1 47 


226 


Shutesbury, 


6,125 23 


89 


181 


Gill, 


6,424 25 


85 


236 


Montague, 


8,778 54 


1 »4 


214 


Leyden, 


8,317 61 


1 06 


348 


Northfield, 


17,428 14 


2 07 


240 


Hawley, 


6,848 84 


97 


405 


Ashfield, 


13,249 83 


1 78 


72 


Ervin's Grant, 


1,821 94 


27 


6,668 


258,082 39 


32 84 



COUNTY OF BERKSHIRE. 



437 


Adams, 


141 


Altbrd, 


91 


New Asliford, 


222 


Becket, 


438 


Great Barrington, 


270 


Cheshire, 


60 


Clarksburgh, 


190 


Dal ton. 


209 


Egremont, 


95 


Florida, 


180 


Hinsdale, 


256 


Hancock, 


306 


Lanesborough, 


342 


Lenox, 




58 



16,047 


81 


5,153 


18 


3,023 


04 


8,588 


25 


18,429 


55 


14,148 


16 


1,821 


63 


7,305 


86 


6,308 


88 


1,959 


94 


7,055 


36 


10 269 


74 


15,162 49 


12,591 


27 



2 08 
67 

40 

1 09 

2 29 
1 66 
25 
94 
87 
31 

89 

1 28 
1 80 
1 63 



442 



VALUATION. 





BERKSHIRE 


CONTINUED. 




Polls. 


Towns. 


Aggregates. 


Pay on glOOO, includ. 
Polls, at IJ mill each. 


4.30 


New Marlborough, 


13,430 04 


1 84 


91 


Mount Washington, 


2,785 89 


38 


11 


Boston Corner, 


250 06 


04 


387 


Lee, 


11,569 26 


1 60 


247 


Otis, 


5,671 84 


87 


164 


Peru, 


7,002 96 


88 


697 


Pittsfield, 


29,852 77 


3 70 


220 


Richmond, 


11,634 03 


1 36 


410 


Sandisfield, 


16,197 45 


2 05 


187 


Savoy, 


4,394 92 


66 


544 


Sheffield, 


20,894 30 


2 67 


328 


Stockbridge, 


15,520 67 


1 87 


317 


Tyringham, 


9,475 11 


1 32 


268 


Windsor, 


7,215 04 


1 04 


165 


Washington, 


4,464 06 


64 


425 


Williamstovvn, 


19,472 32 


2 36 


11 


Grore, West of Do. 


442 48 


06 


290 


West Stockbridge, 


8,533 40 


1 18 


8^29 


316,671 76 


40 68 



211 

1077 
805 
375 
587 
242 
224 
300 
227 
322 
394 
420 
377 
305 
198 
259 
286 



COUNTY OF NORFOLK. 



Brookline, 


25,931 50 


2 63 


Roxbury, 


76,913 00 


8 41 


Dorchester, 


59,574 57 


6 33 


Milton, 


24,680 95 


2 76 


Weymouth, 


26,996 92 


3 28 


Stoughton, 


8,469 79 


1 12 


Sharon, 


9,057 49 


1 15 


Canton, 


12,695 12 


1 59 


Foxborough, 


7,735 75 


1 03 


Braintree, 


15,031 23 


1 82 


Franklin, 


15,524 75 


1 97 


Randolph, 


16,251 21 


2 08 


Quincy, 


24,345 00 


2 64 


Walpole, 


15,099 02 


1 81 


Medfield, 


9,579 56 


1 17 


Bellingham, 


10,634 50 


1 34 


Needham, 


12,147 34 


1 51 



VALUATION. 



443 



NORFOLK CONTINUED. 



Polls. 


Towns, 


Aggregates. 


?ay on glOOO, inciud. 
Polls, at IJ mill each. 


129 


Dover, 


8,486 65 


94 


386 


Med way. 


17,242 37 


2 13 


616 


Wrenthani, 


22,898 87 


2 96 


600 


Dedham, 


36,095 39 


4 10 


272 


Cohasset, 


11,869 18 


1 47 


8,612 


467,260 16 


54 28 




COUNTY OF 


BRISTOL. 




1,060 


Taunton, 


43,226 52 


5 42 


610 


Seekonk, 


20,448 68 


2 72 


672 


Attleborongh, 


24,879 16 


3 20 


607 


Fairhaven, 


28,375 14 


3 42 


441 


Freetown, 


12.361 38 


1 75 


868 


New Bedford, 


102,930 49 


10 40 


236 


Wellington, 


8,426 21 


1 11 


245 


Somerset, 


8,265 35 


1 10 


425 


Swansey, 


11,407 70 


1 65 


269 


Mansfield, 


7,337 68 


1 06 


397 


Easton, 


14,363 12 


1 88 


350 


Troy, 


12,019 40 


1 59 


603 


Relioboth, 


19,317 19 


2 61 


236 


Raynham, 


8,786 78 


1 13 


369 


Norton, 


16,700 86 


2 03 


233 


Berkley, 


8,245 37 


1 07 


161 


Dighton, 


4,883 12 


67 


621 


Westport, 


20,971 42 


2 79 


800 


Dartmouth, 


25,635 43 


3 48 


9,203 


398,581 00 


49 08 




COUNTY OF ] 


PLYMOUTH. 




956 


Plymouth, 


45,813 31 


5 48 


342 


Kingston, 


14,296 84 


1 74 


255 


Plympton, 


7,735 97 


1 07 


188 


Halifax, 


6,138 70 


82 


1,314 


Bridgewater, 


56,187 70 


6 95 


1,152 


Middleborough, 


40,709 88 


5 33 


231 


Carver, 


7,820 88 


1 03 



444 



319 

189 
309 

817 



VALUATION. 

PLYMOUTH CONTINUED, 



Polls. 


Towns. 


Aggregates. 


Pay on ^1000. includ. 
Polls, at li mill each. 


780 


Rochester, 


22,935 91 


3 20 


216 


Ware ham, 


7,409 50 


99 


639 


Uuxbnry, 


22,982 53 


2 84 


401 


MarshJSeld, 


19,527 96 


2 33 


717 


Scituate, 


35,800 19 


4 25 


303 


Pembroke, 


12,438 00 


1 55 


220 


Hanson, 


7,690 46 


1 01 


28 


Hull, 


3,437 25 


34 


652 


Hin^^ham, 


31,073 41 


3 73 


422 


Abini^ton, 


19,862 35 


2 17 


266 


Hanover, 


13,300 28 


1 58 


8,982 


372,161 12 


46 41 



DUKES' COUNTY. 



Edgarton, 
Chilmark, 
Tisbury, 



8,807 02 

10,842 14 

9,423 77 

29,072 93 



COUNTY OF BARNSTABLE. 

24,426 10 

23,884 25 

25,418 65 

14,525 12 

7,796 64 

7,822 32 

5,705 28 

8,671 50 

5,832 55 

3,013 03 

4,606 04 

3,627 18 

7,800 90 



616 


Sandwich, 


568 


Falmouth, 


901 


Barnstable, 


493 


Yarmouth, 


439 


Dennis, 


327 


Brewster, 


402 


Harwich, 


406 


Chathau!, 


359 


Orleans, 


173 


Eastham, 


344 


Wellfleet, 


286 


Truro, 


418 


Provincetown, 


5,732 



143,129 56 

COUNTY OF NANTUCKET. 

3,040 I Nantucket, | 190,000 00 



1 26 
1 24 
1 30 

3 80 



3 


09 


2 97 


3 


60 


2 


03 




35 




18 




11 




38 




05 





53 


92 


75 


1 


31 



21 27 



19 88 



PROBATE LAWS— STATE PRISON. 445 



CHAP. LXII. 

Resolve graniivg compensation to Messieurs Doolittle and 
Bliss, Committee on Probate Laws. February 11th, 
1822. 

Resolved, That there be allowed and paid out of the 
public treasury, to the Honorable Mark Doolittle, the sum 
of fifteen dollars, and to the Honorable George Bliss, the 
sum of six dollars; which sums are in full for their services 
and expenses in attending, in the recess of the General 
Court, to revise the probate laws, and preparing a bill on 
that subject. 



CHAP. LXIII. 

Resolve granting S3000, for the use of the State Prison. 
February 11th, 1822. 

Resolved, That there be paid out of the public treasury, 
for the use of the State Prison, the sum of three thousand 
dollars, to be drawn from the treasury by the Warden of 
said prison, in such sums as the Directors thereof shall 
from time to time direct; and His Excellency the Governor, 
with the advice of Council, is hereby requested to draw his 
warrant on the Treasurer for said sums accordingly. 



CHAP. LXIV. 

Resolve authorizing John Whiting, to make sale of Estate, 
in the County of Berkshire. February 12th, 1822. 

Whereas the Treasurer has communicated to the Legisla- 
ture, that there is a small estate in the County of Berkshire, 



446 JOHN WHITING— WILLIAM JONES. 

which was mortgaged to tlie Commonwealth, as collateral 
security for the payment of two notes, amounting to two 
hundred and fifty two dollars, sixty cents, the possession of- 
which has been sued for and recovered, and is under the 
care of the Honorable John Whiting, who thinks the same 
might be disposed of to advantage : Therefore, 

Resolved, That John Whiting, of Great Barrington, be, 
and he is hereby appointed the Agent of this Commonwealth, 
with authority to sell and convey, by good and sufficient 
deed or deeds, all the right, title and interest which the 
Commonwealth has in said estate, at public or private sale, 
as he may see fit, and at a credit not exceeding three years ; 
the said Agent to account with the Treasurer of this Com- 
monwealth, for the time being, for the proceeds of the sale 
of said estate, or any part thereof, after deducting his ac- 
count of expenses attending the same ; which account the 
said Treasurer is hereby authorized to audit and settle with 
the said Agent, in behalf of this Commonwealth. 



CHAP. LXV. 

Ilesolvefor the relief of William Jones. 
February I2th, 1822. 

On the petition of William Jones, of Lunenburg, in the 
County of Worcester, representing that in his capacity of 
Executor of the last will and testament of Thomas Ham- 
mond, late of Shirley, in the County of Middlesex, decea- 
sed, he was duly licensed to sell the real estate of said 
deceased, for the payment of his debts ; and that in pursu- 
ance of said license, he sold said estate, having previously 
given notice of said sale, agreeably to the requirements of 
the law in such cases made and provided ; but that he has 
failed and neglected to file in the probate office his affidavit 
that he had given such notice ; 

Resolved, For reasons set forth in said petition, that the 
said William Jones be authorized and allowed to file in the 
probate office, for the County of Middlesex, his affidavit, 
that he had given said notice, at any time within 'two months 



MIDDLESEX COURT OF SESSIONS. 447 

from the time of passing this resolve ; and the same, when 
so filed, shall be taken and received in all cases whatsoever, 
as evidence of said notice, to all intents and purposes, as it 
would have been taken and received, had it been filed with- 
in the time prescribed by law. 



CHAP. LXVI. 

Resolve authorizing the Court of Sessions of the Comity of 
Middlesex, to issue warrants for the election of a Regi- 
ster of Deeds. February 13th, 1822. 

Whereas doubts have existed as to the power of the Court 
of Sessions to issue warrants for the election of Register of 
Deeds, in the event of such oflBce being vacated by death ; 

Resolved, That the Court of Sessions for the County of 
Middlesex be, and they are hereby authorized to issue war- 
rants to the several towns within said county, fixing the 
time for the election of a Register of Deeds for said County 
of Middlesex, and that said authority be extended to recei- 
ving the returns, and declaring the election of such officer. 



CHAP. LXVll. 

Resolve allowing Thomas W. Ward 872 ^Q, for apprehend- 
ing a convict. February 14th, 1822. 

Resolved, For reason set forth in the petition, that there 
be allowed and paid to Thomas Walter Ward, Sheriff of 
the County of Worcester, seventy two dollars and ninety six 
cents, for expenses incurred by him, in advertising, pursuing 
and apprehending Hiram Read, a convict, who escaped 
from the house of correction, in the County of Worcester, in 
November last ; and His Excellency the Grovernor is re- 
quested to draw his warrant on the Treasurer for the pay- 
ment of the same. 



448 SELECTMEN OF MILFORD. 



CHAP. LXVIIl. 

Resolve making valid the acts of the Selectmen and Consta- 
ble of Milford. February 14th, 1822, 

On the petition of the Selectmen of the Town of Milford, 

Resolved, That the proceedings of the oflBciating Select- 
men and Constable of the Town of Milford, in calling the 
meeting of the inhabitants of said town, on the first Monday 
of March, in the year of our Lord one thousand eight hun- 
dred and twenty one, shall be deemed and taken to be as 
valid and eflPectual, to all intents and purposes, as if the said 
acting Selectmen and Constable, had been legally chosen 
at the meeting of said inhabitants, in March, in the year 
of our Lord one thousand eight hundred and twenty. 



CHAP. LXIX. 

Resolve on the pet'tion of Hannah McDonald. 
February 14th, 1822. 

Whereas it is represented by the petition of Hannah Mc- 
Donald, of Paxton, in the County of Worcester, that she is 
the widow of Archibald McDonald, late of said Paxton, 
deceased, that said Archibald was possessed of some per- 
sonal property, and some real estate, as described in said 
petition, that said Archibald was an alien, made no will, 
and left no issue, kindred, or other heir : 

Resolved, That the Commonwealth do hereby grant to 
said Hannah McDonald, and her assigns, one undivided 
third part of all the real estate, wliich was purchased by 
said Archibald in his life time, and which hath accrued to 
the Commonwealth; and the Judge of Probate for said 
County of Worcester, is hereby authorized, on the applica- 
tion of said Hannah, to issue his warrant to cause the said 
third part to be set oflp to the said Hannah in the same man- 
ner as her dower would have been set off, had said Archi- 
bald died seized of said real estate to his own use. 



MILITIA BOOKS. 449 

Bpsolved, further, That the Attorney and Solicitor Gene- 
ral be, and they are hereby authorized and empowered to 
deQiand and receive of William D. Wheeler, Administrator 
of the estate of said Archibald McDonald, the bi^lan* e of 
the personal property left by said Archibald, if any, vvhicli 
hath accrued to this Commonwealth, being the amount of 
said personal property, subject to the payment of the debts 
of the said Archibald, and the distributive proportion of the 
same, to which said widow is entitled, and all such allow- 
ances out of the same, which may be made to her by the said 
Judge of Probate, pursuant to law. 

And the Attorney and Solicitor Greneral, or either of them, 
shall be, and hereby are authorized to cause a sale to be 
made of all the residue of the above described real estate, 
subject to the grant herein before made, and to execute good 
and sufficient deed or deeds thereof to convey the same to 
the purchaser, in the name of the Commonwealth, io such 
manner as they may judge best, and to pay the proceeds 
thereof into the Treasury of this Commonwealth, 



CHAP. LXX. 

Mesolve to furnish Officers of Militia with Militia Books. 
February 16th, 1822. 

Resolved, That His Excellency the Governor, with. the 
advice of Council, be, and he is hereby authorized to cause 
to be procured, for the use of the Militia of this Common- 
wealth, a corapend of the ^« Rules and Regulations for the 
Field Exercise and Manoeuvres of Infantry," ordered by a 
resolution of Congress, to be observed by the Militia of the 
United States; provided, that the cost of each copy shall 
not exceed the sum of one dollar. 

Resolved, That when such compend shall be procured, 
the Adjutant General be, and he is hereby authorized to 
cause one copy to be delivered to each Major General, and 
to each of his staff; to each Brigadier General, and to each 
of his staff; to each field officer, and the Adjutant of every 
regiment of infantry, and to each Captain of every com- 
pany of infaatry ; which copies shall be carefully preserved 
59 



450 W. POTTER.— COUNTY TAXES. 

by the aforesaid officers respectively, and shall be by them, 
respectively, delivered over to their successors. 



CHAP. LXXI. 

Resolve on the petition of William Potter and others, Inn- 
holders and Victuallers, in the County of Essex. 
February 18th, 1822. 

Whereas the licensed innholders, taverners, and victual- 
lers, of the County of Essex, have, under the act, entitled 
<^ an act laying a tax upon retailers of spiritous liquors, and 
other persons," passed on the twenty first day of February, 
in the year of our Lord one thousand eight hundred and 
twenty, paid the sum of eight dollars, annually, on obtaining 
their respective licenses ; and whereas the same descriptions 
of licensed persons in the other counties of the Common- 
■\vealth, have, under the said act, paid the sum of four dollars 
only for their respective licenses ; Therefore, 

Mesolved, That the Treasurer of said County of Essex 
be, and he hereby is authorized to refund to each of said inn- 
holders, taverners, and victuallers, of the County of Essex 
respectively, the sum of four dollars, for each of the years 
in which they have paid the said tax ; and that the same 
shall be allowed him as a good charge against the Common- 
wealth in any future account; and the Treasurer of the 
Commonwealth, is hereby directed to allow the same on 
settlement with him accordingly. • 



CHAP. LXXII. 

Resolve granting County Taxes. February 18th, 1822. 

"Whereas the Treasurers of the following counties have 
laid their accounts before the Legislature for examination, 
which accounts have been examined and allowed; and 



TOWN OF COLRAINB. 451 

whereas tlie Clerkk of the Courts of Sessions for said coun- 
ties, have exhibited estimates made by said Courts, of the ne- 
cessary charges which may arise within the said counties, 
the year ensuing, and of the sums necessary to discharge 
the debts of said counties : 

Resolved, That the sums annexed to the counties contain- 
ed in the following schedule, be, and the same are hereby 
granted as a tax for each county respectively, to be appor- 
tioned, assessed, paid, collected, and applied for the pur- 
poses aforesaid, according to law. 

County of Hampden, five thousand dollars, - - - 

County of Berkshire, four thousand dollars, - - - 

County of Worcester, nine thousand dollars, - . - 

County of Suffolk, thirty five thousand dollars, 

County of Dukes' County, six hundred dollars. 

County of Barnstable, two thousand nine hundred and ninety 

dollars, - 

County of Bristol, three thousand five hundred dollars. 
County of Franklin, three thousand dollars, - - _ 
County of Norfolk, four thousand dollars, . - - 

County of Essex, three thousand five hundred dollars. 
County of Hampshire, two thousand dollars, - - - 
County of Middlesex, eight thousand five hundred dollars. 
County of Plymouth, ten thousand dollars, - _ - 



CHAP. Lxxni. 

Resolve referring the Petition and Account of Colraine to 
the Committee on Accounts. February 18th, 1822. 

Resolved, That the petition of the inhabitants of Colraine, 
together with the account of said town, for the expenses in- 
curred in the relief and support of William Newhouse, a 
pauper, be referred to the Committee on Accounts, with in- 
structions to allow the whole or such part thereof as may 
appear to be justly due to said town, considering the said 
Newhouse as a State pauper, conformably to the laws of 
this Commonwealth. 



gj.ooo 


09 


4,000 


00 


9,000 


00 


35,000 


00 


600 


00 


2,990 


00 


3,500 00 


3,000 


00 


4,000 


00 


3,500 


00 


2,000 


00 


8,500 


00 


10,000 


00 



452 WOUNDED SOLDIERS. 



CHAP. LXXIV, 

Resolve, inaking Grants to, and Pensioning several Wound-> 
ed Solders. February 18th, 1822. 

Resolved, that there be allowed and paid out of the Trea- 
sury of this Commonwealth, to Nathan F. Tilton, of Lou- 
den, New Hampshire, fifty dollars, to pay his expenses 
incurred by a wound received on the second of October, 
one thousand eight hundred and twenty, while on military 
duty, and the further sum of fifty dollars per year, for four 
years, from the passing of this resolve. 

Also, to Eli Shattuck, of Pepperell, for a wound received 
while on military duty, in Captain Butcliff's company, on 
the seventeenth of June, one thousand eight hundred and 
twenty, in a sham fight, whereby he lost his right eye, and 
otherwise was much injured, one hundred and fifty two dol- 
lars in full, for expenses and loss of time. 

Also, to John Q. Adams, of Groton, for a wound received 
on the third day of May, one thousand eight hundred and 
twenty one, by a blank cartridge in his thigh, while on milita- 
ry duty, under the command of Captain L Rock wood, thirty 
dollars, it being the amount of his doctor's and nursing bill. 

Also, to William Jennings, of Boston, twenty five dollars 
per year, during life, in addition to fifty dollars as hereto- 
fore granted on account of wounds received while on milita- 
ry duty, whereby he lost one arm and the use of the other. 

Also, to Isaac Noyes, of Sudbury, a soldier in Captain 
William Rice's company, for a wound received, October, 
one thousand eight hundred and fifteen, by a musket while 
on duty, in his right shoulder, whereby eighteen or twenty 
pieces of bone was extracted, and his arm so disabled as to 
be of but little use, the sum of fifty dollars, which is to be 
in full for damages received. 



< 



HERRING POND INDIANS. 453 



CHAP. LXXY. 

JHesolve respecting the Herrirg Pond Tribe of Indians. 
February 20th, 1822. 

On the memorial of the Overseers of the Herring Pond 
Tribe of Indians, stating that there are demands existing 
against said tribe, which cannot be paid by their ordinary 
revenues : 

Resolved, That John Thomas, of Kingston, and Charles 
J. Holmes, of Rochester, in the County of Plymouth, 
Esquires, be, and they hereby are authorized to receive and 
examine any and all demands now existing against said Her- 
ring Pond tribe of Indians ; and to allow such of them as shall 
appear to them to be just and legal; and that the said John 
Thomas and Charles J. Holmes be, and they hereby are au- 
thorized and empowered to sell at public vendue, so much 
of the land belonging to said tribe, as shall be necessary 
to raise a sum sufficient to pay the demands against said 
tribe, which shall be allowed by them as aforesaid, and 
to defray the expenses and their charges for services in set- 
tling said demands, and making said sale ; and any further 
sura not exceeding twenty five dollars over and above said 
demands, expenses and charges ; and to make and execute 
a good and sufficient deed or deeds of the same ; and that 
they apply the proceeds of such sale or sales, as they shall 
make, to the payment of said demands, and pay over to the 
Overseers of said tribe, the balance, if any, remaining in 
their hands, after deducting their charges and expenses 
aforesaid, to be examined and allowed by said Overseers ; 
providedf that said John Thomas, and Charles J. Holmes, 
shall, previous to any such sale, give bond to the Treasurer 
of this Commonwealth, in the sum of two thousand dollars, 
with a sufficient surety or sureties, to be approved by the 
Judge of Probate, for the County of Plymouth, conditioned, 
that they will apply and make payment of the proceeds of 
said sale or sales according to the directions of this resolve. 



454 GOVfiRNOR'S MESSAGE. 

CHAP. LXXVI. 

Governor's Message, February 20th, 1822. 

Gentlemen of the Senate, and 

Gentlemen of the House of KepresentativeSf 

The Secretary will lay before you sundry resolutions of 
the Legislature of the State of Ohio, which have been com- 
municated to me, by the acting Governor of that State, on 
the subject of the Maryland report and resolutions, relative 
to school lands. 

JOHN BROOKS. 

Council Chamber, February 20fA, 1822. 



CHAP. LXXVII. 

Mesolve relating to the Employment of a Military Store 
^ Keeper, February 20th, 1822. 

Resolved, That the resolve of the sixteenth of June last, 
for the employment of a military store keeper, which will 
expire with the termination of the present session of the 
Legislature, be continued in force until the further order of 
the Legislature. 



CHAP. LXXVllI. 

Meport and Resolves respecting Lotteries. 
February 21st, 1822. 

The Committee of both Houses, to whom was referred 
the Memorial of the Mayor, Aldermen and Common Coun- 
cil, of the City gf Washington, in the District of Columbia, 



LOTTERIES. 455 

praying that they may be authorized by law, to sell, within 
this Common wealth J the tickets of certain lotteries granted 
by Congress, for the benefit of that city ; to whom also was 
referred the petition of Gilbert and Dean, and others, pray* 
ing for a law to license venders of lottery tickets within this 
Commonwealth, have had the subject severally referred to 
them, under consideration, and ask leave to submit the fol- 
lowing report. 

The government of this Commonwealth, in every period 
of its history, has considered it among its most important 
duties to guard the morals of the people, by removing as far 
as possible all temptations to vice. And in the present 
constitution, this salutary vigilance seems to be prescribed as 
among the principal means of attaining the end of all good go- 
vernment, the happiness of the people. Hence, every species 
of gambling has been studiously discountenanced and pro- 
hibited, under heavy penalties, as wholly inconsistent with 
the republican virtues of industry, economy and sobriety. 

Upon the question, whether lotteries exert a pernicious 
influence upon public morals, there now exists but little dif- 
ference of opinion, among those who have considered the 
subject with proper attention. They have indeed been 
sometimes granted by our Legislature for the benefit of use- 
ful institutions, and the encouragement of public enterprizes ; 
often with great reluctance, and always with an anxious 
care to secure the scrupulous appropriation of their proceeds 
to the objects intended to be aided by them; an anxiety and 
vigilance which this Legislature cannot but be aware have 
not always been attended with success. How far it may be 
consistent with a strict morality to promote a good object 
by means, which will probably, or certainly, injure the best 
interests of the community at large, it is not necessary here 
to inquire; but your Committee cannot but remark, that the 
decision must rest upon the same principles, and may be 
supported by the same reasons which have in other coun- 
tries been adduced to justify the licensing of more odious, 
but not more mischievous kinds of gambling. 

In England, the lottery for all purposes but that of raising 
a public revenue, has long since been prohibited, and is 
stigmatized in several acts of parliament, as a "common 
and public nuisance." But even considered in the plausi- 
ble light of a source of revenue, its expediency has been 
often and severely questioned^ as well by statesmen as by 



456 LOTTERIES. 

moralists ; and mauy attempts, and some very .recently, 
have been made in parliament to abolish this income from 
the vice and misery of the people. In all the large cities of 
Europe, where lotteries have been tolerated, they have been 
ascertained to be among the most fruitful sources of poverty, 
misery and crime; among the most powerful obstacles to the 
progress of improvement among the lower classes ; among 
the most enticing delusions to cheat the hopes of the igno- 
raat and unwary; have been found to lead their victims 
into every species of gambling, and to consume, in these 
fallacious speculations, those resources of the poor which 
should have been expended in the support and comfort of 
their fiimilies. 

Wliile the first object of a free government is the happi- 
ness of its subjects, and that happiness must essentially de- 
pend upon establishing correct principles and moral habits 
among the people, it can never be the duty of the Legisla- 
ture to encourage any project, whose tendency is to render 
any portion of its citizens discontented with their situation, 
and with the ordinary means of acquiring property, raise in 
the poor the deceitful expectation of suddenly rising to opu- 
lence, to lead them to despise the pursuits of honest labor, 
and to look to other sources than their own merit and indus- 
try for bettering their condition. It may be true, that these 
evils have not as yet resulted from lotteries in this Common- 
wealth, yet when it is known from documents of unques- 
tionable authority, that such has been their tendency and 
certain effect in other governments, the common feelings of 
humanity, as well as considerations of just public policy, 
should urge the Legislature to guard their fellow citizens 
against all temptation to engage in this delusive game of 
chances. 

It is stated in one of the petitions under consideration, 
that while lotteries are authorized by other States, funds 
will be sent out of the Commonwealth, by those who choose 
to engage in such speculations, and thus the provisions of 
the law be evaded. 

Upon this, your Committee would remark, that admitting 
the statement to be true, it shews only that the provisions 
of the law are not adequate to reach and remedy every part 
of the existing evil. This is in some measure true of all 
preventive statutes, and is especially so of all laws inten- 
ded to repress the diffejieut species of gambling. Stilly 



LOTTERIES. 457 

however, from the expenses of remote agency and other 
causes, the spirit of speculation thus indulged will usually 
extend only to the affluent; the numher of adventurers will 
be very small. A distrust of the faithful management of 
strangers, the distance of the place of drawing, and other 
circumstances of suspicion, which will always attach to a 
foreign lottery, will protect many from the danger, who 
would enevitably yield to a nearer temptation. The pro- 
perty of a few may indeed be diminished by the unequal 
chances of this fascinating game, but the loss will fall on 
those who are best able to sustain it, while that part of the 
community who most need the protection of the laws, the 
industrious, laboring poor, the honest and unwary in the 
humbler classes of society, will almost without an exception 
be secured from the delusion. Upon every view, then, of 
this important subject which has occurred to your Commit- 
tee, they cannot but express their full approbation of the 
policy recently adopted by this Legislature, of forbidding, 
under any shape or pretence whatsoever, this species of ad- 
venture to the people of this State. And although the Le- 
gislature and people of this Commonwealth would promptly 
and cheerfully embrace every fit opportunity of testifying 
their respect for the corporation of the capital of our country, 
yet as our own citizens are precluded, by the existing laws, 
from any advantage which might be supposed to arise from 
a lottery scheme, it can need no elaborate reasoning to jus- 
tify the Legislature for declining to extend this facility to 
ihe citizens of other States. 

From the necessary moral effect of this prohibition, your 
Committee cannot doubt that important benefits have already 
resulted to the laboring class of the community. That part 
of the avails of their industry, which may formerly have 
been expended in the unequal chances of the lottery, will 
be appropriated, since this temptation has been withdrawn, 
to the immediate comfort, or reserved for a future provision 
for their families. They are learning to exchange an un- 
certain prospect for a solid advantage ; and when the labor- 
ing poor shall, under the sanction of the Legislature, be led 
to prefer the permanent security of the Institution for Sa- 
vings to the deceitful hopes of the lottery, they must find 
their advantage in present comfort, and future competency — 
the moral habits and productive industry of the community 
will be strengthened and advanced, and the Legislature will 
60 



458 JACOB ZWEARS. 

have the satisfaction of knowing that they have thus per- 
manently promoted the happiness and honor of the Com- 
monwealth. 

Your Committee, then, being satistied, that lotteries, how- 
ever carefully guarded, must ever produce great evils, and 
considering the existing laws of the Commonwealth in this 
behalf, as sound in principle, and salutary in their operation, 
ask leave to submit the following resolves. 

By order of the Committee* 

JOHN GLEN KING. 

Jiesolved, That it is inexpedient to grant the prayer of 
said petition and memorial. 

Resolved, That His Excellency the Governor be request- 
ed to communicate to the honorable the Mayor of the City 
of Washington, a copy of these resolves, and the report ac- 
companying the same. 



CHAP. LXXIX. 

Resolve on the petition of Jacob Zwears. 
February 21st, 1822. 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the public Treasury of this Com- 
monwealth, to Jacob Zwears, the sum of one hundred and 
eighteen dollars, in full for the principal and interest of a 
certain note, called a bounty note, signed by H. Gardner, 
Treasurer of the Commonwealth, for ten pounds, lawful 
money, and dated February twentieth, one thousand seven 
hundred and seventy seven ; and that one third thereof be 
charged to the State of Maine. 



PUBLICATION OF LAWS. 459 

CHAP. LXXX. 

Resolve allowing Jacob ICuhn SlOO. February 21st, 1822. 

Mesolved, That there be allowed and paid out of the 
public treasury, to Jacob Kuhn, Messenger of the General 
Court, the sum of one hundred dollars, for his services in 
attending upon the Committee of Valuation, during their 
late session. 



CHAP. LXXXL 

Resolves providing for the Publication of the Laws of this 
Coinmonwealth. February 22d, 1822. 

Resolved, That it is expedient to procure for the use of 
the Commonwealth, either by contract or subscription, a 
new compilation of the statute laws, passed since the adop- 
tion of the present Constitution ; that such compilation should 
embrace all public acts of a general nature, and those appli- 
cable to the Commonwealth at large, although the same may 
have been repealed, except those which have wholly ceased 
to have any influence and effect upon existing rights, and 
those which are of no interest and importance in illustrating 
the history and progress of the law ; such repealed acts, 
however, may be printed in a distinct type, smaller than that 
of the text, generally, and such repeal indicated by suitable 
marginal references. 

Resolved, That in the compilation of the general laws, 
all private and special acts be omitted, except some few 
which may be of peculiar interest and importance ; that the 
acts of each Legislature be divided into chapters, each act 
being one chapter, numbered in regular series from Mie be- 
ginning taJjSjfe end of each political year, without regard to 
sessions ; me numbers of each chapter to be expressed iu 
figures, and not in numerical letters as heretofore practised ; 
that where any one act is enlarged, restrained, repealed, or 
modified; by any other act; such connection shall be careful- 



460 PUBLICATION OF LAWS. 

ly and accurately indicated by suitable marginal references. 
That there be prefixed to such compilation of the general 
laws, the Constitution of the United States, together with 
all those amendments thereto, which have been constitution- 
ally adopted ; also the Constitution of this Commonwealth, 
with the amendments thereto ; and in reprinting the original 
Constitutions, all those parts thereof which have been re- 
scinded or modified, shall be indicated by references to the 
articles of amendment effecting such modification. 

Resolved^ That such compilation, ought to include an 
exact list of all the acts, public and private, which have been 
passed by this Commonwealth, in chronological order, ex- 
pressing the title of each act at length, with its number as a 
chapter, and a reference to the volume and page of this 
edition, when the same is printed, if embraced therein ; such 
list to be in a small type, and close form. And as tiiis 
edition of the laws is intended to be of the highest authority, 
it is expedient, to ensure perfect accuracy, that the title of 
every act, and the text of every act printed in this edition, 
should be compared with the original manuscripts in the 
Secretary's office ; that a full, complete and accurate analy- 
tical index of the whole matter of this edition be prepared 
and annexed to the same, with suitable references to the 
text ; that this edition be printed in volumes of the royal 
octavo size, on good paper, in a form as close and compact 
as conveniently may be, consistently with clearness and dis- 
tinctness, with a view to embrace all the matters which may 
be necessary and useful, in as small a compass, and cheap 
a form as practicable. 

And whereas the special and private acts passed since the 
commencement of the present government, to .lune, in the 
year of our Lord one thousand eight hundred and five, have 
been compiled and published, under the authority of the 
Legislature, in throe volumes. 

Resolved, That all the private and special acts passed 
subsequently, and not included in the compilation of the 
general laws contemplated in the foregoing resolutions, be 
published separately, as nearly as conveniently may be, in 
conformity with said three volumes, and be numbered as a 
continuation of the said collection of the special laws here- 
tofore published. 

Resolved, That His Excellency the Governor be, and he 
is hereby authorized and empowered to appoint two able 



PUBLICATION OF LAWS. 461 

and discreet persons, learned in the law, to be Commissioners 
for revising and superintending the publication of the laws, 
upon the plan stated in the foregoing resolutions ; and the 
said Commissioners shall be authorized to subscribe for nine 
hundred copies of the laws, provided the same can be pro- 
cured at a reasonable rate, be prepared in conformity with 
the directions and under the general superintendance of such 
Commissioners, and under the immediate care of an editor 
appointed or approved by them ; or said Commissioners 
may, if in their judgment it may be done upon terms more 
advantageous to the Commonwealth, appoint a suitable 
editor and fix his compensation, and contract for the execu- 
tion of said work, to the number of nine hundred copies, at 
the expense and for the use of the Commonwealth ; and in 
such contract, said Commissioners shall be authorized to 
provide, that the publishers thus contracting, may print a 
number of sets of said work for sale, at a reasonable rate, to 
be fixed by said Commissioners, in their agreement with 
such publisher. 

Resolved, That the number of copies of the laws hereby 
provided for, well bound and lettered in plain sheep skin 
binding, shall, when completed, be delivered to the Secretary 
of the Commonwealth, who, upon the certificate of said Com- 
missioners that the work has been executed in all respects 
to their satisfaction, is hereby authorized to give his receipt 
therefor ; and the same shall and may be distributed under 
the direction of the Secretary, in the following manner, that 
is to say : To each town, district and plantation, to each 
County Clerk, and each Register of Probate, for the use of 
their respective Courts, one set; to each Judge of the Su- 
preme Judicial Court, Court of Common Pleas, the Attorney 
and Solicitor General, one set ; to His Excellency the Gro- 
vernor. His Honor the Lieutenant Grovernor, and each mem- 
ber of the Council, Senate, and House of Representatives 
for the present year, one copy ; to the President of the 
United States, for the use of Congress, five copies ; to the 
Governor of each State and Territory, one copy; to the 
Judges of the Supreme Court of the United States and the 
District Judge for the District of Massachusetts, one copy 
each ; and to the several learned societies and seminaries, 
to whom the laws published for the use of the Common- 
wealth, by the authority of the standing resolutions, are di- 
rected to be sent, the numbers so directed; that there be 



462 COMMITTEE ON ACCOUNTS. 

placed, for the use of the General Court and public officers, 
in the Council Chamber, three copies ; in the Senate Cham- 
ber, five copies ; in the House of Representatives, and Lob- 
bies appurtenant, fifteen copies ; and in the public offices in 
the State House, one copy each ; and all the remaining co- 
pies of said work, shall be preserved by the Secretary, to be 
subject to the future disposal of the Legislature. 



CHAP. LXXXII. 

Resolve on the petition of the inhabitants of the Town of 
Colraine. February 22d, 1822. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to the inhabitants of the Town of Colraine, 
one hundred and seventy five dollars and eighty nine cents, 
in full for supporting William Newhouse, from the thir- 
teenth day of November, in the year of our Lord one thou- 
sand eight hundred and eighteen, to the third day of January, 
in the year of our Lord one thousand eight hundred and 
twenty two. 



CHAP. LXXXIII. 

Resolve for paying the Committee on Accounts. 
February 22d, 1822. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Committee appoint- 
ed to examine and pass on accounts presented against this 
Commonwealth, for their attendance on that service, during 
the present session, the sum of one dollar per day, in addi- 
tion to their pay as members of the Legislature... .viz. : 
Elihu Hoyt, forty four days, - - 844 00 
Robert Rantoul, forty three days, - 43 00 

Jonas Sibley, forty four days, - - 44 00 
Jonathan Allen, thirty two days, - - 32 00 
and ApoUos Tobey, twenty days, - - 20 00 



TOWN OF FOXBOROUGH. 4G3 



CHAP. LXXXIV. 

Mesolve making valid Parish Meetings, in Foxborough. 
February 22d, 1822. 

Whereas heretofore, all meetings in the Town of Foxbo- 
rough, for parish purposes, have been called by warrants, 
signed by the Selectmen, and whereas doubts have been 
entertained of the legality of such meetings. 

Resolved, That all meetings of a parochial nature, which 
have heretofore been holden in said Town of Foxborough, 
in pursuance of warrants issued by the Selectmen of said 
town, shall be deemed legal meetings, and the proceedings 
and votes had at said meetings, shall be good and valid : 
Provided, that nothing in this resolve shall be so construed 
as to affect any suit or process instituted before the passing 
of the same. 



CHAP. LXXXV. 

Mesolvefor the relief of John Robbins and Samuel Baxter. 
February 22d, 1822. 

Whereas it appears by the books in the Secretary's office 
of this Commonwealth, that certain small balances, appear 
to the credit of John Robbins and Samuel Baxter, for mili- 
tary services, in the fourteenth regiment, during the revolu- 
tionary war; and whereas it is represented that said Robbins 
and Baxter died more than twenty years ago, leaving heirs, 
but no administration was ever granted on their estates : 
Therefore, 

Resolved, That upon the application to the Secretary and 
Treasurer of the Commonwealth, of the heirs, or next of kin 
of said Robbins and Baxter, or either of them, or any per- 
son duly authorized by them, producing the certificate of 
the Judge of Probate for the County of Barnstable, that they 
are so heirs, or next a kin, that no administration has ever 
been granted on the estates of said Robbins and Baxter, ov 



464 CLERK.— CHAPLAINS. 

either of tbeiii, and that they died more than twenty years 
ago; and complying with all the requisites set forth in a re- 
solve on the subject, passed on the eighth day of February, 
in the year of our Lord one thousand eight hundred and 
twenty, the said balances shall be paid unto such heirs or 
their agents, lawfully authorized to receive the same, in the 
same manner as is provided in said resolve, and as the same 
would have been payable to an executor or administrator of 
such soldiers, duly appointed, any thing in said resolve, 
limiting the time within which such application should be 
made to the Secretary and Treasurer, to the contrary not- 
withstanding. 



CHAP. LXXXVL 

Resolve for payment of Clerk, in the Adjutant GeneraVs 
Office. February 22d, 1822. 

Resolvedf That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Second Clerk, in 
the Adjutant GreneraPs OflGce, three dollars a day for his 
services, considering the period thereof as extending to the 
close of the present session of the General Court. 



CHAP. LXXXVII. 

Resolve for paying the Chaplain of the Senate and Chaplain 
of the House of Representatives, February 23d, 1822. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Reverend John 
Pierpoint, Chaplain of the Senate, and the Reverend Wil- 
liam Jenks, Chaplain of the House of Representatives, sixty 
dollars each, in full for their services in said office; the pre- 
sent political year. 



TOWN OF CHARLESTOWN. 465 

CHAP. Lxxxvni. 

Resolve to pay Ward Lock. February 23d, 182r2. 

Hesolved, That there be allowed and paid from the Trea- 
sury of this Commonwealth, to Ward Lock, Assistant Mes- 
senger to the Governor and Council, two dollars for each 
and every day he has been, or may be employed in that 
capacity, during the present session of the Council. 

CHAP. LXXXIX. 

Resolve for paying Clerk of the Senate, and Clerk of the 
House of Representatives. February 23d, 1822. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to the Clerk of the Senate, and the Clerk 
of the House of Representatives, respectively, six dollars 
per day; and to the Assistant Clerk of the Senate, and to 
the Assistant Clerk of the House of Representatives, each, 
the sum of four dollars for each and every day's attendance 
they have been, or may be employed in that capacity, during 
the present session of the Legislature ; and the Governor is 
requested to draw his warrant accordingly. 

CHAP. XC. 

Resolve on the petition of the Inhabitants of the Town of 
Charlestown. February 23d, 1822. 

On the petition of the inhabitants of the Town of Charles- 
town, relative to the claim of Lechmere Point Corporation, 
the Proprietors of the Canal Bridge, or Prison Point Ham 
Corporation, to levy and take certain tolls ; 

Resolved, That the Attorney and Solicitor General, seve- 
rally, be, and hereby are authorized, upon the application 
of the petitioners, or other persons; and if in their judg- 
ment; reasonable and probable cause be shewn therefor, to 
61 



466 T. WALCUTT— STATE PRISON. 

file an information in the Supreme Judicial Court, against 
the said corporations, or either of them, for the purpose of 
trying and deciding the right of said corporations, or either 
of them, to assert the said supposed claim, and to prosecute 
the same to final judgment and execution. 



CHAP. XCI. 

Resolve for payirg Thomas Walcutt^ a Cleric in the 
Lobbies. February 23d, 1822. 

Mesolved, That there be allowed and paid to Thomas 
Walcutt,' a Clerk in the Lobbies, for the assistance of the 
Members of the Legislature, one hundred dollars, in full 
compensation for his services during the present and all 
previous sessions of the General Court; and His Excellency 
the Governor, with the advice of Council, is hereby request- 
ed to draw his warrant on tlie treasury for that sum. 



CHAP. XCIL 

Mesolve granting money for the rejiairs of the Yard of the 
State Prison. February 25th, 1822. 

Resolved, That the yard of the State Prison, in Charles- 
town, be enlarged, on the western side, by extending the 
same, not less than one hundred, nor more than five hun- 
dred feet from its present line: That in making this altera- 
tion, provision should be made for introducing a canal into 
the yard, so that loaded boats may enter the same: That 
the said wall shall be commenced as soon as the season will 
admit; that the Governor shall be requested to employ a 
skillful architect to lay out a plan of the work, to contract 
for, under the sanction of the Executive, and to superintend 
the same ; and that the sum of ten thousand dollars be ap- 
propriated for this purpose, and that His Excellency the 
Governor, with the advice of Council, is hereby authorized 
and requested to draw his warrant on the Treasurer for these 
sums, at such times, and in such portions as may be wanted. 



ROLL, No. 86 JANUARY, 1822. 



The Committee on Accounts, having examined 

the several accounts they now present Report, 

That there is now due to the several corporations 
and persons hereafter mentioned, the sums set to 
their names respectively ; whicli, when allowed and 
paid, will be «n full discharge of the said accounts, 
to the dates therein mentioned ; which is respect- 
fully submitted. 

E. HOYT, Per Order, 



PAUPER ACCOUNTS. 

Amesbury, for supporting Moses Kinniston, to 

January 1st, 1822, 32 40 

Amherst, for supporting Robert, Jane and Polly 

Richardson, to January 7th, 1822, 78 20 

Attleborough, for supporting sundry paupers to 

January 1st, 1822, 284 73 

Ashburnham, for supporting Sukey Franklin and 
Henry Stenigue, and four children, to January 
17th, 1822, 66 04 

Adams, for supporting sundry paupers, to January 

10th, 1822, 150 00 

Andover, for supporting sundry paupers, to Janu- 
ary 1st; 1832, 189 37 



468 PAUPER ACCOUNTS. 

Abington, for supporting Antonio Julio and Major 

Humble, to January 23d, 1822, 61 10 

Blandford, for supporting Samuel Walker, Abiel 
Brewster and Little Brewster, to January 5th, 
1822, 88 25 

Belfast, (Maine,) for supporting sundry paupers, 

to March 15tli, 1820, 113 00 

Belchertown, for supporting sundry paupers, to 

January 10th, 1822, 88 00 

Billerica, for supporting sundry paupers, to Janu- 
ary 15th, 1822, 126 55 

Beverly, for supporting sundry paupers, to Janu- 
ary 1st, 1822, 130 47 

Brookfield, for supporting Thomas Erving, to Jan- 
uary 7th, 1822, 6 81 

Barre, for supporting Samuel La Steel, to Janua- 
ry 7th, 1822, 46 80 

Brimfield, for supporting John Shelburne, to Jan- 
uary 13th, 1822, 28 80 

Boxford, for supporting Mehitable Hall, to Janu- 
ary 13th, 1822, 49 00 

Bradford, for supporting Joshua L. Meserve, to 

January 1st, 1822, 27 65 

Bridgewater, for supporting John F. Byrne, to 

January 30th, 1822, 48 75 

Barnstable, for supporting Joseph Thompson, to 

January 19th, 1822, 7 20 

Braintree, for supporting sundry paupers, to Janu- 
ary 26th, 1822, 87 65 

Burlington, for supporting Thomas Hardman and 

John A. Pasco, to January 29th, 1822, 98 60 

Boston Board of Health, for supporting John Rin- 
gey, William Barner and Abner Thayer, to 
February 3d, 1822, 9 90 

Boston, for supporting sundry paupers, to Novem- 
ber 30th, 1821, 4482 93 



PAUPER ACCOUNTS. 469 

Buckland, for supporting George Reniff, to Febru- 
ary 6th, 1822, 100 64 

Chester, for supporting James Butolfe and wife, 
Benjamin Powers and Clarisa Hardy, to Feb- 
ruary 5th, 1822, 99 50 

Conway, for supporting Martha McMurphey, to 

January 1st, 1822, 80 13 

Colraine, for supporting sundry paupers, to Janu- 
ary 15th, 1822, 129 60 

Charlton, for supporting Peter Dustree, to Janua- 
ry 12th, 1822, 35 70 

Cheshire, for supporting sundry paupers, to Janu- 
ary 9th, 1822, 184 50 

Carlisle, for supporting Robert Barber, to Janua- 
ry 7th, 1822, 29 88 

Concord, for supporting George Spencer and An- 
drew Kelley, to January 20th, 1822, 15 42 

Chelmsford, for supporting Catharine McLane, 
Charles H. Goodrich and Elizabeth Goodrich, 
to January 1st, 1822, 101 15 

Cohasset, for supporting William Harris, to De- 
cember 1st, 1821, 30 20 

•Canton, for supporting John Cole, Thomas Fal- 

lesall and Dennis Hazel, to January 16th, 1822, 63 35 

Chelsea, for supporting Mary Weeks, to January 

26th, 1822, 13 50 

Charlestown, for supporting sundry paupers, to 

January 19th, 1822, 1535 30 

Cambridge, for supporting sundry paupers, to Jan- 
uary 26th, 1822, 1813 46 

Chatham, for the support of Israel Johnson, to 

June 13th, 1821, 10 00 

Chesterfield, for the support of sundry paupers, to 

January 25th, 1822, 63 00 

Clarksburgh, for supporting Rispard Hill; to Jan- 
uary 17th, 1822, 13 05 



470 PAUPER ACCOUNTS. 

Deerfielfl, for supporting sundry paupers, to Jan- 
uary 13th, 1822, 179 30 

Dracut, for supporting Richard Baker, to January 

16th, 1822, 68 93 

Dighton, for supporting Hannah Tew, to January 

24th, 1822, 10 80 

Dorchester, for supporting sundry paupers, to Jan- 
uary 23d, 1822, • 117 52 

Danvers, for supporting sundry paupers, to Janu- 
ary 22d, 1822, , 668 24 

Dedham, for sundry paupers, to January 22d, 
1822, and Elizabeth Murry, to her death and 
funeral expenses, 36 31 

East Sudbury, for supporting Bess Corbett, and 

Robert Brobston, to May 10th, 1821, 13 00 

Essex, for sundry paupers, to January 9th, 1822, 138 91 

Egremont, for supporting sundry paupers, to Jan- 
uary 4th, 1822, 209 53 

Fairhaven, for supporting Dorcas Smith, Sarah 

Carr and two children, to January 1st, 1822, 152 97 

Framinghara, for supporting Lucy Green, to Jan- 
uary 20th, 1822, 23 40 

Falmouth, Edward Edwards, to January 13th, 

1822, 48 90 

Freetown, for supporting Abigail, Jemima, Maria 

and Jane, Indians, to January 15th, 1822, 178 70 

Fitchburg, for supporting Charles Conner, to Jan- 
uary 5th, 1822, 5 40 

Gill, for supporting Sarah Lyon and Mary Law- 

' son, to January 15th, 1822, 78 60 

Groton, for supporting sundry paupers, to January 

10th, 1822, 173 70 

Greenfield, for supporting sundry paupers, to Jan- 
uary 12th, 1822, 37 26 

Gardner, for supporting John Brinkham, to Janu- 
ary 6th, 1822, 49 08 



PAUPER ACCOUNTS. 471 

Great Barringtou, for supporting sundry paupers, 

to January 9th, 1822, 145 00 

Granville, for supporting sundry paupers, to Jan- 
uary 1st, 1822, 109 60 

Grafton, for supporting Isaac Newman, to the time 

of his death, and funeral expenses, 3^^ 36 

Gloucester, for supporting sundry paupers, to Jan- 
uary 1st, 1822, 512 81 

Had ley, for supporting Allen and wife, to Decem- 
ber 30th, 182!, 98 36 

Hubbard ston, for supporting Abner Hybra, to 

November 25th, 1821, 23 01 

Hancock, for supporting sundry paupers, to Janu- 
ary 6th, 1822, 34 80 

Hall, Joseph, Sheriff of Suffolk, for supporting 

paupers in gaol, 231 79 

Haverhill, for supporting sundry paupers, to Jan- 
uary 2d, 1822, 145 99 

Hard wick, for supporting Hannah Morgan, to 

January 14th, 1822, 28 80 

Heath, for supporting Mary Dewandalier, to Jan- 
uary 25th, 1822, 27 00 

Hamilton, for supporting Olive Cook, to April 6th, 

1822, 52 00 

Hopkinton, for supporting sundry paupers, to Jan- 
uary 21st, 1822, 186 92 

Hanson, for supporting Eliza Jack, to January 

28tb, 1822, 30 73 

Harlem, (Maine,) for supporting William Youl- 

ing, to March 15th, 1820, 12 00 

Industry, (Maine,) for supporting Sherburn Fogg, 

to March 20th, 1820, 14 57 

Ipswich, for supporting John Obrion, to February 

2d, 1822, 31 70 

Kittery, (Maine,) for supporting sundry paupers^ 

to March 20th, 1820, 28 88 



472 PAUPER ACCOUNTS, 

Lee, for supporting sundry paupers, to January 

15th, 1822, 130 50 

Leyden, for supporting sundry paupers, to Janua- 
ry 5th, 1822, 102 55 

Lenox, for supporting sundry paupers, to January 

9th, 1822, 188 97 

Littleton, for supporting sundry paupers, to Janu- 
ary 14th, 1822, 74 10 

Lanesborough, for supporting sundry paupers, to 

January 4th, 1822, 94 95 

Longmeadow, for supporting Cynthia Melross and 

Edmund Bothe, to January 21st, 1822, 66 50 

Lynn, for supporting sundry paupers, to Decem- 
ber 31st, 1821, 182 27 

Marshfield, for supporting sundry paupers, to De- 
cember 21st, 1821, 43 20 

Maiden, for supporting sundry paupers, to June 

20th, 1821, 47 75 

Montague, for supporting Edmund Potter and 

wife, to January 1st, 1822, 58 27 

Medford, for supporting sundry paupers, to Jan- 
uary 1st, 1822, 48 00 

Monson, for supporting Rhoda Secham Martha 
McKea, and Fidelia, a daughter, to January 
1st, 1822, 177 50 

Milton, for supporting Archibald McDonald, John 
J. Myers, and James Bowman, to January 23d, 
1822, 99 63 

Mendon, for supporting Susannah Nichols, to 

February 19th, 1822, 18 75 

Marblehead, for supporting sundry paupers, to 

January 17th, 1822, 267 78 

Mansfield, for supporting James Howard, to his 

death, and funeral charges, 7 00 

Middleborough, for supporting sundry paupers, to 

January 14th; 1822, 186 49 



PAUPER ACCOUNTS. 473 

Medfield, for supporting George Turner, to No- 
vember 25th, 1821, 49 70 

Marlborough, for supporting Joseph Waters, to 

the time of his death, and funeral charges, 37 59 

Nantucket, for supporting paupers, to January 

1st, 1822, 176 37 

Norwich, for supporting Ruth Sanford, to Janua- 
ry 8th, 1822, 47 63 

North Brookfield, for supporting sundry paupers, 

to January 1st, 1822, 30 02 

Newton, for supporting Joseph Prichard, to Jan- 
uary 1st, 1822, 49 15 

Newburyport, for supporting sundry paupers, to 

January 1st, 1822, 1070 87 

Newbury, for supporting sundry paupers, to Jan- 
uary, 1822, 863 35 

Northampton, for supporting sundry paupers, to 

February 1st, 1822, 445 14 

Northfield, for supporting Amos Kibey, to Janu- 
ary 20th, 1822, 50 90 

Natick, for supporting John White, to January 

14th, 1822, 8 00 

New Gloucester, (Maine,) for supporting sundry 

paupers, to March 15th, 1820, 21 00 

Overseers of Marshpee Indians, for supporting 

sundry Indians, to January l2th, 1822, 305 10 

Plymouth, for supporting sundry paupers, to Jan- 
uary 16th, 1822, 142 66 

Palmer, for supporting William Mendon and 

Phebe Mendon, to January 15th, 1822, 54 90 

Pittsfield, for supporting sundry paupers, to Jan- 
uary 4th, 1822, 242 17 

Quincy, for supporting William Oliphant, to Jan- 
uary 1st, 1822, 49 20 

Roxbury, for supporting sundry paupers, to Jan- 
uary 31st, 1822, 315 07 
62 



474 PAUPER ACCOUNTS. 

E-ussell, for supporting sundry paupers, to Janua- 
ry, 1822, 169 20 

Reboboth, for supporting sundry paupers, to Jan- 
uary 4tb, 1822, 243 26 

Rutland, for supporting sundry paupers, to Janu- 
ary 7th, 1822, 58 10 

Rowley, for supporting sundry paupers, to Janu- 
ary 6th, 1822, 66 11 

Richmond, for Susannah Winston and Samuel 

Hill, to February 11th, 1822, 99 00 

Sheffield, for support of sundry paupers, to Janu- 
ary 1st, 1822, 314 88 

Shirley, for supporting sundry paupers, to Janua- 
ry 1st, 1822, 172 65 

Seekonk, for supporting paupers, to January 2d, 

1822, 102 35 

South Brimfield, for supporting Jonathan Hill, to 

January 7th, 1822, 29 49 

Somerset, for supporting William Eliot, to Janu- 
ary 1st, 1822, 49 00 

Springfield, for supporting sundry paupers, to Jan- 
uary 3d, 1822, . 271 96 

Swansey, for supporting sundry paupers, to Janu- 
ary 12th, 1822, 119 10 

South Reading, for supporting Thomas Melbourn, 

to January 25th, 1822, 50 30 

Spencer, for supporting sundry paupers to Janua- 
ry 16th, 1822, 191 93 

Stoughton, for supporting William B. Sarcant, to 

January 5th, 1822, 30 10 

Sandwich, for supporting Ester Raymond and Ma- 
son Raymond, to January 9th, 1822, 57 60 

Southbridge, for supporting sundry paupers, to Jan- 
uary 7th, 1822, 117 70 

Sunderland, for supporting Garrat Dicker and 
William Russell, to January 7th; 1822, 55 26 



PAUPER ACCOUNTS. 475 

Stockbridge, for supporting sundry paupers, to De- 
cember 1st, 1821, 270 20 

Southwick, Greorge Read, for his support, to Jan- 
uary 1st, 1822, 79 72 

Salem, for supporting sundry paupers, to January 

2d, 1822, 2252 28 

Somerset, for supporting Ruth Hill, to January 

12th, 1822, 7 50 

Shelburne, for supporting Mary Bates and Eliza- 
beth Lane, to January 14th, 1822, 46 36 

Saugus, for supporting Joseph Clarenbole, to Jan- 
uary 29th, 1822, 27 00 

Sharon, for supporting John H. KolhofF, to Janu- 
ary 31st, 1822, 48 76 

Tyringham, for sundry paupers, to January 5th, 

1822, 322 90 

Tisbury, for supporting Martin Lawson and Emo- 
ry Jones, to April 30th, 1821, 23 56 

Topsfield, for supporting Fillis Easte and Nancy 

Porter, to January 24th, 1822, 71 26 

Troy, for supporting Paul Archer, to September 

10th, 1821, 2 32 

Tewksbury, for supporting Nathaniel Ingersol, to 

January 23d, 1822, 31 55 

Taunton, for supporting sundry paupers, to De- 
cember 31st, 1821, 308 23 

Uxbridge, for supporting Phillis Jenks and child, 
to January 7th, and Jack Moore, to the time of 
his death, and funeral charges, 120 00 

Vassalborough, (Maine,) for supporting sundry 

paupers, to March 15th, 1820, 12 00 

Wareham, for supporting William Long, to Jan- 
uary 13th, 1822, 49 00 

Westport, for supporting Henry Pero, to Decem- 
ber 25th; 1821, 17 07 



476 PAUPER ACCOUNTS. 

"West Cambridge, for supporting John Montgome- 
ry, to February 7tli, 1822, 8 00 

Westhampton, for supporting John Uuckey, and 

other paupers, to January 3d, 1822, 120 25 

West Springfield, for supporting James Aldrich 

and Hannah Shivey, to January 15th, 1822, 55 00 

West Stockbridge, for sundry paupers, to January 

1st, 1822, 147 47 

Worcester, for supporting William Joblin and Jo- 
nas Brooks, to January 1st, 1822, 55 18 

Westdeld, for supporting sundry paupers, to Jan- 
uary 1st, 1822, and funeral charges for Jacob 
Winslow, 162 94 

Walpole, for supporting sundry paupers, to Janu- 
ary 12th, 1822, 58 00 

Wade, Thomas, Master of the House of Correc- 
tion, in the County of Essex, for supporting 
sundry paupers, to January 14th, 1822, 395 00 

Warwick, for supporting sundry paupers, to Jan- 
uary 4th, 1822, 60 80 

Williamstown, for supporting sundry paupers, to 

January 7th, 1822, 159 97 

Wiscasset, (Maine,) for supporting sundry pau- 
pers, to March 15th, 1820, 75 00 

Weaver, Sheffield, Gruardian to Troy Indians, to 

January 5th, 1822, 224 91 

Watertown, for supporting George Bowen, Re- 
becca Bowen and George Taylor, to January 
25th, 1822, 99 11 

Westborough, for supporting sundry paupers, to 

January 16th, 1822, 121 73 

West Newbury, for supporting Sophia Patten, to 

February 2d, 1822, 2 92 

Waterville, (Maine,) for supporting Abigail Odin, 

to March 20th, 1820, 11 90 

Westbrook, (Maine,) for supporting sundry pau- 
persj to March 20th, 1820, 37 96 



SHERIFFS' AND CORONERS' ACCOUNTS. 477 

Wrentham, for supporting sundry paupers, to Jan- 
uary 1st, 1822, 99 89 

Westford, for supporting Ephraim Spalding, to 

January 4th, 1822, 30 60 

Yarmouth, for supporting Thomas Peters, to Jan- 
uary 27 th, 1822, 48 60 



828,076 41 



SHERIFFS' AND CORONERS' ACCOUNTS. 

Mason, Benajah, Coroner for Bristol County, for 
taking inquisition, to February 5th, 1822, 

Kingsbury, Aaron, Coroner for Norfolk County, 
for taking inquisition, to December, 1821, 

Pyncheon, John, Coroner for Hampden County, 
for taking inquisition, to August, 1821, 

Spear, Daniel, Coroner for Norfolk County, for 
taking inquisition, to January, 1822, 

Clough, Elias, Coroner for Essex County, for ta- 
king inquisition, to January, 1822, 

Johnson, Jonathan, Coroner of Middlesex Coun- 
ty, for taking inquisition, to January 24th, 1822, 

Badger, Thomas, Coroner of Suffolk County, for 
taking inquisition, to January, 1822, 

Rhodes, William, Coroner of the County of Essex, 
for taking inquisition, to January 1822, 

Kempton, Thomas, Coroner, for Bristol County, 
for taking inquisition, to September, 1822, 

Bowen, Nathan, Coroner for Essex County, for 
taking inquisition, to July 23d, 1821, 

Ward, Thomas W., Sheriff of Worcester County, 
to June, 1821, 

Bartlett, Bailey, Sheriff of Essex County, to May, 
1821, 

Leonard; Horatio, Sheriff of Bristol, to June, 1621, 



21 40 


20 56 


22 90 


17 90 


17 96 


17 23 


79 40 


17 65 


22 50 


19 15 


6 40 


28 10^ 


6 40 



478 MILITARY ACCOUNTS. 

Brown, Henry C, Sheriff of Berkshire, to June, 

1821, 19 20 

Jernegan, William, Treasurer of Dukes' County, 
for paying for taking inquisition on the bodies 
of strangers, by the Coroners of said county, 36 54 

Wellington, Ebenezer, Coroner for the County of 
Norfolk, for taking an inquisition on the body 
of a stranger, 

Dutch, Daniel, for summoning witnesses, 

Bridges, Moody, for summoning witness. 

White, Grilman, Coroner for the County of Essex, 
to taking inquisition on the body of a stranger, 



19 


06 


1 


50 


5 


04 


17 


26 


S396 15 



MILITARY ACCOUNTS. 

Courts Martial and Courts of Inquiry, 

Sumner, William H., Adjutant Greneral, for the 
expenses of a Court of Inquiry, held at Boston, 
June 25th, 1821, whereof Colonel Lusher Gay, 
was President, 84 73 

Cunningham, Ephraim, Brigade Major, 2d Brig- 
ade, 6th Division, for expenses of a Court Mar- 
tial, held at Grardner, June 6th, 1821, whereof 
Colonel Jared Weed, was President, 180 65 

Heard, Nathan, Junior, for expenses of a Court of 
Inquiry, held at Worcester, October 30th, 1821, 
whereof Colonel Nymph as Pratt, was President, 99 51 

Heard, Nathan, Junior, Brigade Major, 1st Brig- 
ade, 6th Division, for expenses of a Court Mar- 
tial, held at Sutton, November 6th, 1821, whereof 
Colonel David Lathe, was President, 112 50 

Gilbert, Thomas, Brigade Major, 2d Brigade, 4th 
Division, for expenses of a Court Martial, held 



MILITARY ACCOUNTS. 479 

at Heath, December 4th, 1821, whereof Colonel 

James Shepard, was President, 606 28 



81,083 67 



Jlids-de- Camps, Brigade Majors and Quarter Masters. 

AlleD, Alfred, Brigade Quarter Master, 2d Brig- 
ade, 1st Division, to January, 1822, 15 00 

Bliss, Greorge, Junior, Brigade Major, 1st Brigade, 

4th Division, to January, 1822, 15 00 

Butterfield, Joseph, Brigade Major, 2d Brigade, 

3d Division, to January, 1822, 30 00 

Brigham, Moses, Major of Artillery, 1st Brigade, 

6th Division, to January, 1822, 20 00 

Cobb, G. W., Brigade Major, 2d Brigade, 5tli 

Division, to January 15th, 1822, 15 00 

Clark, Alanson, Brigade Quarter Master, 2d Brig- 
ade, 4th Division, to January 1st, 18S2, ' 15 00 

Coburn, Samuel A., Biigade Quarter Master, 2d 

Brigade, 3d Division, to January 1st, 1822, 15 00 

Cunningham, Epliraim M., Acting Brigade Major, 

2d Brigade, 6th Division, to January, 1822, 10 06 

Day, Robert, Brigade Quarter Master, 1st Brig- 
ade, 4th Division, to January, 1822, 15 00 

Day, Benjamin, Brigade Quarter Master, 1st Brig- 
ade, 2d Division, to January, 1822, 15 GO 

Edwards, Elisha, Brigade Major, 1st Brigade, 4th 

Division, to January 1st, 1822, 15 00 

Fisher, Freeman, Brigade Major, 2d, Brigade, 1st 

Division, to January 15th, 1822, 27 50 

Felton, Sheton, Brigade Quarter Master, 1st Brig- 
ade, 6th Division, to January 1st, 1822, 15 00 

Fairbanks, Stephen, Brigade Major, 3d Brigade, 

1st Division, to January 15th, 1822, 15 00 



480 MILITARY ACCOUNTS. 

Gibbs, A. H., Brigade Quarter Master, 1st Brig- 
ade, 1st Division, to January 22d, 1822, 15 00 

Gibbs, A. H., Brigade Major, 1st Brigade, 1st Di- 
vision, to January 1st, 1822, 15 00 

Gilbert, Thomas, Brigade Major, 2d Brigade, 4th 

Division, to January 1st, 1822, 15 00 

Hubbell, Calvin, Brigade Major, 2d Brigade, 7th 

Division, to January, 1822, 30 00 

Heard, Nathan, Junior, Brigade Major, 1st Brig- 
ade, 6th Division, to January, 1822, 15 00 

Hopkins, Thomas, Aid-de-Camp, 7th Division, to 

January, 1822, 15 00 

Jaques, Samuel, Junior, Brigade Major, 1st Brig- 
ade, 3d Division, to December, 31st 1821, 37 05 

Kendall, J. H., Brigade Quarter Master, 2d Brig- 
ade, 6th Division, to January, 1822, 15 00 

King, Amos, Brigade Quarter Master, 1st Brig- 
ade, 7th Division, to January, 1822, 15 00 

Hobart, Thomas, Brigade Quarter Master, to Jan- 

/ uary, 1822, 15 00 

Low, Joseph L., Brigade Quarter Master, 2d Brig- 
ade, 2d ])i vision, to January, 1822, 15 00 

Phinney, Elias, Brigade Quarter Master, 1st Brig- 
ade, 3d Division, to January, 1822, 15 00 

Sampson, Joseph, Brigade Major, 3d Brigade, 5th 

Division, to January 1st, 1822, 11 25 

Smith, John, Junior, Brigade Major, 1st Brigade, 

2d Division, to January 15th, 1822, 15 00 

Kice, Caleb, Aide- de- Camp, 4th Division, to Jan- 
uary, 1822, 6 50 

Thayer, Samuel M., Brigade Major, 1st Brigade, 

1st Division, to September 15th, 1821, 10 00 

Thayer, Minot, Aid-de-Camp, 1st Division, to 

to January 15th, 1822, 88 20 

Varnum, B. F., Aid-de-Camp, 3d Division, to Jan- 
uary 15th, 1822, 31 35 



MILITARY ACCOUNTS. 



481 



Wilder, Nathaniel, Junior, Brigade Major, 1st 
Brigade, 5th Division, to January, 1822, 



15 00 



iS626 91 



Adjutant Accounts. 

Atwood, G. B., 3d Regiment, 2d Brigade, 5th Di- 
vision, to December 1st, 1821, 

Ary, James, (Maine,) 6th Regiment, 1st Brigade, 
10th Division, to March 15th, 1820, 

Bishop, H. W., 2d Regiment, 2d Brigade, 7th Di- 
vision to January 15th, 1822, 

Barrett, Benjamin, 4th Regiment, 2d Brigade, 6th 
Division, to January, 1822, 

Bryant, Nathan, 5th Regiment, 2d Brigade, 6th 
Division, to January, 1822, 

Bailey, Holeway, 2d Regiment, 2d Brigade 7th 
Division, to January 15th, 1822, 

Bailey, Calvin, Artillery, 3d Brigade, 1st Division, 
to June 1st, 1821, 

Blood, Charles, 3d Regiment, 2d Brigade, 3d Di- 
vision, to January, 1822, 

Bliss, William, Acting Adjutant, 1st Regiment, 
1st Brigade, 4th Division, to January 26th, 
1822, 

Bancroft, William A., 2d Regiment, 2d Brigade, 
3d Division, to January, 1822, 

Bradley, Charles, Cavalry, 2d Brigade, 2d Divi- 
sion, to February 1st, 1821, 

Bent, James, 2d Regiment, 2d Brigade, 1st Divi- 
sion, to February 4th, 1822, 

Bryant, Nahvm, 3d Regiment, 2d Brigade, 4th 
Division, to July 11th, 1821, 

Gushing, Ned, 2d Regiment, 1st Brigade, 1st Di- 
vision, to January 10th, 1822; 
63 



8 91 


20 10 


15 00 


29 75 


18 44 


15 00 


12 00 


15 00 


15 00 


30 00 


16 25 


30 00 


7 92 


15 00 



482 MILITARY ACCOUNTS. 

Cooliilge, Nathaniel, 3(1 Re^^iment, 1st Brigade, 

4th Division, to January, 1822, 15 OO 

Collimore, Horace, 2cl Regiment, 1st Brigade, 5th 

Division, to January 20th, 1822, 10 00 

Clap, William, 2d Regiment, 1st Brigade, 5th Di- 
vision, to January 15th, 1822, 15 00 

Clement, Jesse, 5th Regiment, 2d Brigade, 2d 

Division, to January 1st, 1822, 27 37 

Curtis, Alfred, 3d Regiment, 3d Brigade, 1st Di- 
vision, to January 1st, 1822, 43 00 

Day, Alfred, Artillery, 2d Brigade, 1st Division, 

to July 31st, 1821, 7 80 

Elders, Norred, 1st Regiment, 1st Brigade, 4th 

Division, to time of discharge, 10 00 

Everett, Charles, 1st Regiment, 1st Brigade, 3d 

Division, to January 15th, 1822, 10 00 

Field, David H., 3d Regiment, 1st Brigade, 6th 

Division, to January 1st, 1822, 10 00 

Frizzel, Enoch, (Maine) 6th Regiment, 1st Brig- 
ade, 10th Division, 10 11 

Fuller, John H. B., Cavalry, 1st Brigade, 3d Di- 
vision, to January 15th, 1822, 15 00 

Forward, Robert, 2d Regiment, 1st Brigade, 4tli 

Division, to January, 1822, 15 00 

Fisher, Calvin, Junior, Artillery, 2d Brigade, 1st 

Division, to January 21st, 1822, 7 50 

Frost, Elisha, Junior, Artillery, 1st Brigade, 3d 

Division, to January 15th, 1822, 15 00 

Gales, Abraham, 1st Regiment, 2d Brigade, 3d 

Division, to Januijry, 1822, 15 00 

Goss, Clark, 3d Regiment, 2d Brigade, 4th Divi- 
sion, to January 11th, 1822, 7 50 

Goodspeed, Elias, Artillery, 2d Brigade, 4th Di- 
vision, to January, 1822, 30 00 

Hubbell, Stoddard, 1st Regiment, 2d Brigade, 7th 

Division, to January, 1822, 15 00 



MILITARY ACCOUNTS. 483 

Hamlin, Joseph, 2d Ilegiment, 3d Brigade, 5th 

Division, to July 1st, 1821, 7 50 

Hamlin, Chauncey, Cavalry, 2d Brigade, 7th Di- 
vision, to January 15th, 1822, 15 00 

Hitchcock, Augustus, Artillery, 1st Brigade, 7th 

Division, to January 12th, 1822, 8 75 

Haramat, Charles H., Artillery, 3d Brigade, 1st 

Division, to January 29th, 1822, 15 00 

Kimball, Charles, 2d Regiment, 2d Brigade, 2d 

Division, to January 15th, 1822, 15 00 

Lester, Charles F., 2d Regiment, 1st Brigade, 7th 

Division, to November 15th, 1821, 26 95 

Lincoln, Asa, 5th Regiment, 1st Brigade, 4tli Di- 
vision, to January, 1822, 15 00 

Lobdell, Thomas, Junior, Artillery, 3d Brigade, 

1st Division, to January, 1821, 7 50 

Miles, Josiah, 3d Regiment, 2d Brigade, 6th Di- 
vision, to January, 1822, 15 00 

Mead, William, Cavalry, 2d Brigade, 7th Divi- 
sion, to June 3d, 1821, 6 25 

Mann, Ebenezer, 4th Regiment, 1st Brigade, 3d 

Division, to January, 1822, 15 00 

Morse, Moses L., 5th Regiment, 1st Brigade, 6th 

Division, to January, 1822, 15 00 

Newell, Luther, 1st Regiment, 1st Brigade, 1st 

Division, to time of discharge, 8 00 

Newhall, Joseph W., 5th Regiment, 1st Brigade, 

3d Division, to February 16th, 1822, 15 00 

Ormsby, Abraham, 1st Regiment, 2d Brigade, 5th 

Division, to January 20th, 1822, 30 00 

Osborn, Richard, Junior, 5th Regiment, 1st Brig- 
ade, 2d Division, to January, 1822, 15 00 

Partridge, William W., 1st Regiment, 2d Brig- 
ade, 4th Division, to January, 1822, 15 00 

Paige, Thaddeus, 1st Regiment, 3d Brigade, 1st ^ 

Division; to January, 1822, 30 00 



484 MILITAUY ACCOUNTS. 

Rodgers, D. W., 2d Regiment, 1st Brigade, 2d 

Division, to January, 1822, 15 00 

Root, Albert A., 1st Regiment, 1st Brigade, 7th 

Division, to February 15th, 1822, 15 00 

Saxton, William B., Cavalry, 1st Brigade, 7th Di- 
vision, to January, 1822, 15 00 

Sayles, Richard, Cavalry, 2d Brigade, 1st Divi- 
sion to January 8th, 1822, 8 75 

Shepherd, Amos, 5th Regiment, 2d Brigade, 4th 

Division, to January, 1822, 15 00 

Sargent, Patten, 4th Regiment, 2d Brigade, 2d 

Division, to January, 1822, 11 30 

Sanford, Sewall, 3d Regiment, 1st Brigade, 6th 

Division, to January, 1822, 30 00 

Tucker, Seth, Artillery, 1st Brigade, 1st Division, 

to February, 1822, 15 00 

Tucker, Samuel, Cavalry, 1st Brigade, 6th Divi- 
sion, to January, 1822, 4 58 

Taylor, Henry, 2d Regiment, 2d Brigade, 5th Di- 
vision, to January, 1822, 15 00 

Taylor, James, 2d Regiment, 3d Brigade, 5th Di- 
vision, to January, 1822, 7 50 

Thompson, Arad, 4th Regiment, 1st Brigade, 5th 

Division, to January, 1822, 15 00 

Townshend, Daniel, 4th Regiment, 1st Brigade, 

2d Division, to January, 1822, 23 75 

Town, John, Artillery, 1st Brigade, 2d Division, 

to January, 1822, 24 76 

Thompson, Samuel, Cavalry, 2d Brigade, 2d Di- 
vision, to February 18th, 1822, 15 00 

Upton, Stephen, Cavalry, 1st Brigade, 2d Divi- 
sion, to January, 1822, 17 41 

Wright, David, Cavalry, 2d Brigade, 4th Divi- 
sion, to January, 1822, 15 00 

Wright, Simeon W., 3d Regiment, 2d Brigade, 
7th Division, to January, 1822, 15 00 



MILITARY ACCOUNTS. 



485 



Wild, Jonathan, 3d Regiment, 1st Brigade, 1st 
Division, to January 9th^ 1822, 15 00 



I8l;094 65 



Hauling Artillery. 

Adams, Nahum, 2d Brigade, 4th Division, to 

January, 1822, 5 00 

Baker, Timothy M., 1st Brigade, 3d Division, to 
January, 1822, 

Baldwin, Henry, 3d Division, to January, 1822, 

Brown, Aaron, 3d Division, to January, 1822, 

Curtis, Edward, 1st Brigade, 5th Division, to 
January, 1822, 

Clark, Ellis, 1st Brigade, 6th Division, to Janu- 
ary, 1822, 

Chadbourn, Thomas, 1st Brigade, 2d Division, 
to January, 1822, 

Clarke, Leonard, 1st Brigade, 6th Division, to 
January, 1822, 

Center, William, Junior, 1st Brigade, 2d Divi- 
sion, to January 1822, 

Ensign, Thomas, 2d Brigade, 7th Division, to 
January, 1822, 

Higgens, Freeman, 3d Brigade, 5th Division, to 
January, 1822, 

Hartshorn, Samuel, 2d Brigade, 1st Division, to 
January, 1822, 

Holland, Nathaniel, 2d Brigade, 6th Division, to 
January, 1822, 

Hooper, Jacob, 2d Division, to January, 1822, 

Harris, King, 2d Brigade, 4th Division, to Janu- 
ary, 1822, 7 50 



20 00 


6 67 


7 00 


5 00 


9 00 


7 50 


5 00 


9 00 


5 00 


9 00 


7 50 


5 00 


10 00 



486 MILITARY ACCOUNTS. 

Jones, Frederick W., 2d Brigade, 6th Division, to 

January, 1822, 5 00 

Johnson, John, 1st Brigade, 3d Division, to Jan- 
uary, 1822, 13 00 

Kingsbury, Ebenezer, 2d Brigade, 1st Division, 

to January, 1822, 8 75 

Lynn, William, 2d Brigade, 7th Division, to Jan- 
uary, 1822, 8 00 

Laughton, Hannibal, 2d Brigade, 6th Division, to • 

January, 1822, 5 00 

Lobdell, Thomas, Junior, 3d Brigade, 1st Divi- 
sion, to January, 1822, 30 00 

Nichols, John, 1st Brigade, 2d Division, to Jan- 
uary, 1822, 

Nash, Micah, 5th Division, to January, 1822, 

Nesmith, Adam, 1st Brigade, 2d Division, to Jan- 
uary, 1822, 

Somes, Samuel, 1st Brigade, 3d Division, to Jan- 
uary, 1822, 

Shavr, John, 3d Brigade, 1st Division, to Janua- 
ry, 1822, 

Stone, Joseph, 3d Brigade, 1st Division, to Janu- 
ary, 1822, 

Sampson, John, 1st Brigade, 5th Division, to Jan- 
uary, 1822, 

Taylor, Charles, 1st Brigade, 7th Division, to 
January, 1822, 

Turrell, Vincent, 1st Brigade, 1st Division, to 
January, 1822, 

Williams, Samuel, 2d Brigade, 4th Division, to 
January, 1822, 

8316 92 



12 00 


7 50 


16 00 


14 00 


20 00 


30 00 


7 50 


1 

5 00 


1 

8 50 


1 

8 50 



PRINTERS' ACCOUNTS, &c. 4S7 

PRINTERS' ACCOUNTS AND MISCELLANEOUS. 

Allen, Phineas, for publishing laws, &c. to Janu- 
ary, 1822, 48 42 

Allen, E. W., for publishing laws, &c. to August, 

1821, 25 17 

Agricultural Society, for sundry expenses, in rai- 
sing seed and plants, and by experiments made 
by said society, in the public Garden, at Cam- 
bridge, and for printing and engraving, &c. in 
full, for 1821, 1000 00 

Ballard and Wright, for Newspapers, for govern- 
ment, and advertising, to January 9th, 1822, 53 56 

Bradford, William A., for writing for the govern- 
ment, 6 00 

Boston Board of Health, for repairs, at Rainsford 

Island, and wood, &c. furnished the keeper, 318 55 

Bird, Abraham, for labor and materials, on State 

House, 58 00 

Blaney, Henry, for labor and materials, on State 

House, 60 56 

Burditt, James W., for Stationary, &c. furnished 

the government, 231 57 

Bradley, Samuel, for materials for repairs on the 

State House, 30 42 

Bacon, Henry, Assistant Messenger to the Gene- 
ral Court, to February 23d, 1822, 186 00 

Chase, Warren, Assistant Messenger to the Gen- 
eral Court, to February 23d, 1822, 88 00 

Clapp, William W., for publishing laws, &c. to 

January 1st, 1822, 18 16 

Cushing, Thomas C, for publishing the laws, to 
June, 1821, 16 67 

Committee to examine the Treasurer's account for 
the last year. viz. : 

John Welles, - - - - - - - 14 00 

Robert Rantoul, - - - - - - 14 00 



488 PRINTERS' ACCOUNTS, &c. 

John Hooper, 14 00 

Thomas Harris, 14 00 

William Hilliard, - - - - - - 14 00 

Cutting, Elijah W., Assistant to the Messenger of 

the General Court, 104 OO 

Hennio and Phelps, for publishing the laws, to 

January, 1822, 16 67 

Douglas, Francis, heirs, (Maine,) for advertising 

the sale of unimproved lands, 6 25 

Durant, William, for labor and materials, for the 

State House, 41 87 

Hastings, W., for publishing the laws, to Decem- 
ber 15th, 1821, 16 67 

Hobart, Moses L., Keeper of Rainsford Island, 

for his salary, to February, 1822, 44 44 

Hawes, Frederick, for his attendance as a witness 

before a Committee of the House, 4 80 

Hale, Nathan, for publishing the laws, to Feljru- 
ary, 1822, and for Newspapers to the General 
Court, to January 9th, 1822, 102 05 

Loring, Josiah, for Stationary furnished the go- 

vernment, 131 05 

Lincoln, Amos, Junior, for repairs on the State 

House, 18 80 

Low, John v.. Assistant to the Messenger of the 

General Court, to February 23d, 1822, 80 00 

Mann, H. and W. H., for publishing the laws, to 

January, 1822, 25 00 

Palfrey, Warwick, Junior, for publishing the 

laws, to May, 1821, 16 33 

Parker, William, for Paper furnished the govern- 
ment, to February, 1822, 27 00 

Pickering, Octavius, and Gardner, William, for 
three hundred copies of the Trial of Judge 
Prescott, 300 00 



RESOLVE TO ROLL NO. 86. 489 

Russell and Gardner, for printing for the govern- 
ment, to February 14th, 1822, 1557 24 

Rider, Margaret, for the services of her son, as 

Page to the House, February 23d, 1822, 40 00 

Spurr and Homes, for going express, by order of 

the House of Representatives, 36 00 

Shepard, Thomas M., for publishing laws, &c. to 

May 31st, 1821, 19 17 

Tufts, William, for writing for the government, 13 50 

Whipple, Solomon S., for his attendance as a wit- 
ness, before a Committee of the House, 4 80 

Wheeler, John H., labor and materials, on the 

State House, to February 16th, 1822, 178 30 

84,965 13 

Aggregate of Roll No, 86. 

Expenses of State Paupers, 28,076 41 

^^ of Sheriffs and Coroners, 396 15 

" of Courts Martial, 1,083 67 
" of Aids-de-Camp, Brigade Majors, 1 ^^^ q . 

and Quarter Masters, 5 

•• of Adjutants, 1,094 65 

^i of Hauling Artillery, 316 92 

" of Printers and Miscellaneous, 4,965 13 



Total, 836,559 84 

Jiesolved, That there be alloM^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 respectively, amounting in the whole 
to Thirty Six Thousand, Five Hundred and Fifty Nine 
Dollars, and Eighty Four Cents, the same being in full 
discharge of the accounts and demands to which they refer. 

[Approved by the Governor, February S.'Jrf, 1822.] 
64 



SECRETARY'S OFFICE, MAY 22, 1823. 
BY THIS I CERTIFY, That the Resolves, passed at the session of the 
Leg-islature, begmning Januai-y 9th, and ending February 23d, 1822, have been 
compared with the originals in this office, and appear to be correct, 

ALDEx\ BRADFORD, 

Secretary of the Commonwealtk. 



INDEX 

TO RESOLVES FOR JANUARY AND FEBRUARY, 1822, 



A. 

Adams, Stephen, allowance to, - - - - - - 408 

B. 

Baldwin, Benjamin, allowed further time to pay the State, - - 415 

Bank of United States, report on doings iu Ohio, - - - 417 

Baxter, Samuel, and another, relief for, - - - - - 463 

Breed, John, administrator, to hare a new note, - - - 414 

C. 

Chaplain to Senate and House, pay of, ----- 464 

Charlestown, petition of, as to tolls, ---.-- 466 

Clark, S., an Adjutant, discharged, - . - - - - 407 

Clerk in Adjutant General's Office, allowance to, - - - 464 

Clerks of Senate and House of Representatives' pay, - - - 465 
Colraine, account allowed, - - - - - - 451, 461 

Committe on Accounts, __.---- 462 

Cashing, Lucy, to execute a deed to P. Pinchin, - - - 405 



Emerson, Moses, allowed land which belonged to the State, - 406 

Essex, Innholders to hare fees returned, ----- 450 



Farley, B. M., to sell real estate of his children, - - - 407 
Foxborough, records of, made valid, - - - - - 463 

G. 

Governor's Message, - - - - 387,400,404,409,413,454 

Gore in Berkshire, taxes remitted, ------ 408 

Greenough, David, debt to State Prison, ----- 412 



INDEX. 



H. 



Herring Pond Indians, Committee to settle their accounts, - 453 

Hunnewell, Walter, to sell land of his ward, - - - - 406 



Innholders in Essex, to have fees returned, - _ - - 450 

Jones, Eliphaz, to sell land of minors, - . _ _ - 412 

Jones, William, notification made valid, - - - _ - 446 

K. 

Kuhn, Jacob, granted 8300, to purchase fuel, &c. - - - 400 

" allowed SI 00 for services, 459 

L. 

Laws of the State, new edition, ------ 459 

Locke, Ward, Assistant Messenger, ----- 465 

Lottery, Plymouth Beach, Committee on, - - - - 411 

Lotteries of other States discountenanced in this State, - - 454 

M. 

Maryland resolutions respecting public lands for schools, - - 419 

Mayhew, Simeon, his account allowed, - - - - - 415 

McDonald, Hannah, to have estate of her husband, - - - 448 

Melish's Maps, Secretary to purchase, ----- 410 

Milford, records made valid, ^ ----- - 448 

Militia, books to be purchased for, ------ 449 

Military Store Keeper to be employed, ----- 454 

o. 

Ohio, report on the doings of, respecting U. States Bank, - - 417 

P. 

Pensions to persons wounded on military duty, - - - 452 

Pepperell, Collector of Taxes for, ------ 415 

Plymouth Beach Lottery, Committee on, - - - - 411 

Probate Laws, Committee on, allowance to, - - - - 445 

R. 

Register of Deeds for Middlesex, Court of Sessions to issue pre- 
cepts for choice of, - -- - - - - - 447 

Robbins, John, and another, for relief of, - - , - 463 



INDEX. 



S. 



Sanger, Calvin, allowance to, - - - - - - - 414 

Sharon, Meeting in First Parish, to be called, - - - - 416 

Shirley, Meeting of Parish in, to be called, - - - - 413 

State Prison, grant for use and expenses of, - - - - 445 

*' yard to be extended, ------ 466 

T. 

Taxes for several counties, ------- 450 

V. 

Valuation Committee, allowance to, ----- 400 

*' . report and apportionment of, - - - - - 434 

" Clerk of, compensation, - - - - - 411 

W. 

Ward, T. W., allowance to, - 447 

Weaver, SheflFel, Guardian to Indians, ----- 411 

Whitney, Thomas, and others, of Shirley, to call meeting, - - 413 

Whitney, John, to sell land of State, 445 

Wolcott, Thomas, grant to, 466 

Z, 

Zwears, Jacob, allowance to, --_-■_ 458 



\.^- 



.) 



RESOLVES 



THE GENERAL COURT 



Commontoealtl) of 4HSa^^at&u^ettiS, 

PASSED AT THEIR SESSION, 

AVHICH COMMENCED ON WEDNESDAY, THE TWENTY NINTH DAY OP MAY, 

AND ENDED ON SATURDAY, THE FIFTEENTH DAY OF JUNE, ONE THOUSAND EIGHT 

HUNDRED AND TWENTY TWO. 



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




boston: 

PRINTED FOR BENJ. RUSSELL, PRINTER TO THE STATE, 
BY RtJSSELL AND GARDNER. 

1822. 



CIVIL GOVERNMENT 

OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

FOR THE POLITICAL YEAR 1822....23. 



HIS EXCELLENCY 

JOHN BROOKS, ESQUIRE, 

GOVERNOR. 



HIS HONOR 

WILLIAM PHILLIPS, ESQUIRE, 

LIEUTENANT GOVERNOR. 



COUNCIL. 

HON. SAMUEL CROCKER, 

" RICHARD SULLIVAN, 

^^ THOMAS GREENLEAF, 

« DANIEL NOBLE, 

" WILLIAM READ, 

" SAMUEL PORTER, 

ii ABRAHAM HOLMES, 

i' JOSEPH LOCKE, 

" JONAS KENDALL. 



ALDEN BRADFORD, ESQUIRE, 

SECRETAEY OF THE COMMONWEALTH, 

HONORABLE NAHUM MITCHELL, 

TREASURER OF THE COMMONWEALTH. 



SENATE. 

HONORABLE JOHN PHILLIPS, 

PRESIDENT. 



SUFFOLK DISTRICT. 

Hon. John Phillips, Hon. Lemuel Shaw, 

Thomas H. Perkins, Joseph Tilden, 

Jonathan Hunewell, Benjamin RusselL 

ESSEX DISTRICT. 

Hon. Nathaniel Hooper, Hon. Hobart Clark, 

Robert Rantoul, Benjamin Osgood, 

John Glen King, Edward S. Rand. 

f MIDDLESEX DISTRICT. 

Hon. William Austin, Hon. John Abbot, 

Joel Cranston, Timothy Walker. 

Levi Thaxter, 

PLYMOUTH DISTRICT. 
Hon. Cushing Otis, Hon. Nathaniel M. Davis. 

BARNSTABLE DISTRICT. 

Hon. Elijah Cobb. 



SENATE. 493 

BRISTOL AND UUKES^ COUNTY DISTRICT. 

Hon. Oliver Starkweather, Hon. Jethro Dogget. 
Thomas Rotch, 

NANTUCKET DISTRICT. 

Hon. Walter Folger, Jun. 

WORCESTER DISTRICT. 

Hon. Aaron Tufts, Hon. Nathaniel Jones, 

Salem Town, Jun. Stephen P. Grardner. 

Benjamiu Adams, 

HAMPSHIRE DISTRICT. 
Has. Lewis Strong, Hon. Joseph Strong, Jun, 

BERKSHIRE DISTRICT. 

Hon. Lemuel MoflBt, Hon. Jonathan Allen. 

HAMPDEN DISTRICT. 
Hon. Jonathan D wight, Jun. Hon. James Fowler. 

H FRANKLIN DISTRICT. 

Hon. Elihu Hoyt, Hon. Thomas Longley. 

NORFOLK DISTRICT. 

Hon. Benjamin Reynolds, Hon. Lewis Fisher. 
John Ruggles, 



SAMUEL F. LYMAN, ESQ. Clerk. 
JOHN FARRIE, JUN. ESQ. Assistant Clerk 
REV. JAMES WALKER, Chaplain. 



HOUSE OF REPRESENTATIVES. 



HONORABLE LEVI LINCOLN, 

SPEAKER. 



COUNTY OF SUFFOLK. 

Boston^ Lynde Walter, 

John Cotton, 



Chelsea, 



Gedney King, 
Enoch Silsby, 
George W. Otis, 
Jonathan Phillips, 
Heman Lincoln, 
Francis C. Gray, 
Theodore Lyman, Junior, 
Henry Bass, 
Francis J. Oliver, 
Daniel Webster, « 

Samuel L. Knapp, 
Jesse Putnam, 
Thomas L. Wiuthrop, 
Samuel Billings, 
Jacob Hall, 
Otis Everett, 
Nathaniel P. Russell, 
William Goddard, 
Joseph Jenkins, 
Pliny Cutler, 
Samuel T. Armstrong, 
George W. Brimmer, 
Joseph H. Adams. 



HOUSE OF REPRESENTATIVES. 



495 



Ameshury^ 

Andover, 

Beverly, 

JBoxford, 

Bradford, 

Danvers, 

Essex, 

Gloucester, 

Hamilton, 

Haverhill, 

Ipswich, 

Lynn, 

Lynnfield, 

Manchester, 

Marblehead, 

Methuen, 
Middleton, 
JVewbury, 
JSTewburyport, 

West JSTewbury, 

Rowley, 

Salem, 



COUNTY OF ESSEX. 

David Lowell. 



Salisbury, 
Saugus, 



Thomas Davis. 

Jesse Kimball, Junior. 
William Sutton. 

William W. Parrott. 

Moses Wingate. 
Ezra Mudge. 



John Prince, 
Benjamin Knight. 
Stephen Barker. 

Josiali Little. 
Abner Wood, 
Stephen W. Marston. 



Joseph Peabody, 
John Osgood, 
Samuel Endicott, 
Stephen Phillips, 
Leverett Saltonstall; 
John Andrews, 
Michael Webb, 
John Derby, Junior, 
Joseph Howard, 
Theodore Eames. 
Ephraim Morrill. 



496 HOUSE OF REPRESENTATIVES. 

Topsfield, 
Wenham. 



COUNTY OF MIDDLESEX. 



Acton, 

Ashby, 

Bedford, 

Billerica, 

Brighton, 

Burlington, 

Cambridge, 

Carlisle, 

Charlestown, 



Chelmsford, 

Concord, 

Dracut, 

Dunstable, 

East Sudbury, 

Framingham, 

Groton, 

Holliston, 

Hojpkinton, 

Lexington, 

Lincoln, 

Littleton, 

Maiden, 

Marlborough, 

Medford, 

JSTatick, 

Newton, 

Pepperell, • 

Heading, 

Sherburne, 

Shirley, 



Samuel Whiting. 
Nathaniel Champney. 

William Hilliard. 

Seth Knowles, 
John H. Brown. 
Philemon R. Russell. 
Jonathan Perham. 
John Reyes. 



Micah M. Ratter. 
Charles Train. 
Luther Lawrence. 

Joseph Valentine. 



Timothy Wakefield; Junior. 



HOUSE OF REPRiSSENTATIVES. 



497 



South Blading, 




StoneJiam, 




Stoiv and Boxhorougli, 


Augustus Tower. 


Sudbury, 




Tewkshury, 


Jesse Trull. 


Townsend, 




Tyngshoroughy 




H^althanif 


Luke Fisk. 


Watertown, 




West Cambridge, 




Westford, 




Weston, 


George W. Smith. 


Wilmington, 




Woburn, 


John Wade. 


COUNTY OF 


WORCESTER. 


Ashburnham, 




Athol, 




JBarre, 




Berlin, 




Bolton, 




Boylston, 




BrooJcfield, 


Seth Field. 


Charlton, 


Samuel Hall. 


Dana, 




Douglas, 


Benjamin Cragin. 


Dudley, 




Fitchburg, 




Gardner, 




Grafton, 




HardwicTc, 




Harvard, 




Holden, 




Hubbardston, 




Lancaster, 




Leicester, 


John Hobart. 


66 





498 HOUSE OF REPRESENTATIVES. 



Leominster, 

Lunenburg, 

Men don, 

Milford, 

Milbury, 

J\*ew Braintree, 

JSTorthhorough, 

JSTorthbridge, 

J\rorth Brookfield, 

Oakham, 

Oxford, 

Paxton, 

Petersham, 

Princeton, 

Phillipston, 

Rutland, 

Shrewsbury, 

Southhorough, 

Southbridge, 

Spencer, 

Sterling, 

Sturbridge, 

Sutton, 

Templeton, 

Upton, 

Uxbridge, 

Ward, 

Westborough, 

West Boylston, 

Western, 

Westminster, 

Winchendon, 

Worcester, 



Daniel Thiirbev. 
Perley Hunt. 



Joel Bryant. ^ 



Fortunatus Harrington. 



Edward Phillips. 
Jonas Sibley. 



Bezaleel Taft, Junior. 



Levi Lincoln, 
Abraham Lincoln, 
William Eaton. 



HOUSE OF REPRESENTATIVES. 499 



Jlmherstf 

Belchertown, 

Chpsterfieldf 

Cummingtdny 

Easthampton, 

Enfield, 

Granby, 

Goshen, 

Greenwich, 

Hadley, 

Hatfield, 

Middlefield, 

JVorthampton, 

JSTorwich, 

Pelham, 

Plainfield, 

South Hadley, 

Southampton, 

Ware, 

Westhampton, 

Williamsburg, 

Worthington, 



COUNTY OF HAMPSHIRE. 

Aaron Merrick. 
James Whitman. 



Robert Dawes. 
Thaddeus Clap. 



Charles P. Phelps. 



Nathaniel Fowle. 



Asahel Chapman. 
Joseph CummingS; Junior. 
Aaron Fisher, 



Josiah Mills. 
COUNTY OF HAMPDEN. 



Blandford, 

Brimfield, 

Chester, 

Granville, 

Holland, 

Longmeadow, 

Ludlow, 

West Springfield, 

Montgomery, 

Palmer, 

Russell, 



Stephen Pynchon. 
Francis Stebbins. 

Luke Parsons. 
Clark McMaster. 



600 HOUSE OF REPRESENTATIVES. 



South Brim field) 

Southwick, 

Springfield) 

Wilbraham, 

Tolland, 

Westfield. 



Alvin Needham. 
Joseph Forward. 
Thomas Dickman. 

Henry Hamilton. 



COUNTY OF FRANKLIN. 



Ashfield, 

Bernardstorif 

Bucklandf 

Charlemont, 

Colerain, 

Conway, 

Deerfieldy 

Gill, 

Greenfieldf 

Hawley, 

Heath, 

Leverett, 

Leyden, 

Montague, 

JV'ew Salem, 

JVorthfield, 

Orange, 

Howe, 

Shelburne, 

Shutesbury, 

Sunderland, 

Warwick, 

Wendell, 

Whately, 

Ervin's Grant. 



Samuel Pierce. 

Solomon Smead. 

George Mowry. 
Varney Pearce. 

Solomon Read. 



HOUSE OF REPRESENTATIVES. 501 



COUNTY OF BERKSHIRE. 



Adams, 

Alford, 

Beclcet, 

Cheshire, 

Clarksburg, 

Dalton, 

ICgremont, 

Florida, 

Great Barrington, 

Gore, 

Hancock, 

Hinsdale, 

Lanesborough, 

Lee, 

Lenox, 

Monroe, 

Mount Washington, 

jyew Ashford, 

JV*ew Marlborough, 

Otis, 

Peru, 

Pittsfield, 

Hichmond, 

Sandisfield, 

Savoy, 

Sheffield, 

Stockbridge, 

Tyringham, 

Washington, 

West Stockbridge, 

Williamstown, 

Windsor, 

Zoar. 



William E. Brayton. 



Francis Fisk. 



Benjamin Rogers. 



John Young. 
John Nye, Junior. 
Daniel Williams. 



Benjamin Sheldon. 



William C. Jarvis. 
Nathan Pierson, Junior. 
Josiah Walcott, 
Joseph Sears. 

Eli Ensign. 
George Whitney. 
Silas Rewee. 



Charles A. Dewey. 



502 HOUSE OF REPRESENTATIVES. 
COUNTY OF NORFOLK. 



Sellingham^ 

JBraintree, 

Brookliney ^ 

Canton f 

Cohasset, 

Dedham, 

Dorchester, 

foxborough, 

Franklin, 

Medfleld and Dover, 

Milton, 

Medway, 

JS*eedham, 

^uincy, 

Handolph, 

Roxhury, 

Sharon, 

Stoughton, 

Walpole, 

Weymouth, 



Wrentham, 



Attleborough, 

Berkley, 

Dartmouth, 

Dighton, 

Easton, 

Fairhaven, 

Freetown, 

Mansfield, 

JS*ew Bedford^ 



Minot Tbayer. 
Johu Robinson. 



John W. Ames. 
Henry Gardner. 



Barney Smith. 
George Barber, Junior. 



Ebenezer Seaver. 



Christopher Webb, 
Levi Bates. 
Josiah J. Fiske. 



COUNTY OF BRISTOL. 

Ebenezer Daggett. 

Caleb Anthony. 



Hercules Cushman. 

Benjamin Lincoln, 
John A. Parker, 
William Hathaway, 
John Nye. 



HOUSE OF REPRESENTATIVES. 



503 



JSTortorif 


, 


Raynham, 


Godfrey Robinson. 


Rehobotkp 




Seekonkf 


Calvin Martin. 


Somerset, 


Edward Slade. 


Swansey, 


John Mason. 


Taunton f 


Cromwell Washburn 


Troy, 


Robert Miller. 


Westport, 




Wellington, 




COUNTY OF PLYMOUTH. 


Mington, 




Bridgewater, 




Carver, 




Duxhury, 


Seth Sprague. 


Halifax, 




Hanover, 


Melzar Curtis. 


Hingham, 


Joseph Richardson. 


Hanson, 


Thomas Hobart. 


Hull, 




Kingston, 


John Gray. 


Marshjield, 


Elisha Phillips. 


Middleborough, 


Seth Miller, Junior. 


^orth Bridgewater, 




Pembroke, 




Plympton, 




Plymouth, 


Barnabas Hedge, 




William Jackson, 




Zaccheus Bartlett. 


Rochester, 


Joseph Meigs. 


Scituate, 




Wareham, 




West Bridgewater. 





604 HOUSE OF REPREBENTATIVEB. 
COUNTY OF BARNSTABLE. 



Barnstablef 

BrewsteTf 

Chatham^ 

Dennis, 

Eastham, 

Falmouth, 

Harwich, 

Orleans, 

Provincetown, 

Sandwich, 

Truro, 

Wellfleet, 

Yarmouth, 



Chilmark, 
Edgarton, 
Tisbury, 



Nymphas Marston. 



Samuel Freeman. 



Daniel Comings. 



James Crowell. 
DUKES' COUNTY. 

"William Jernegan. 



COUNTY OF NANTUCKET. 

jyantucket, Barker Burnell. 



PELHAM W. WARREN, Clerk. 
REV. WILLIAM JENKS, Chaplain- 



JACOB KUHN, Messenger to the General Court. 
ELIJAH W. CUTTING, .Assistant Messenger. 
THOMAS P. RIDER, Fage to the House, 



RESOLVES 

OF THE 

GENERAL COURT OF MASSACHUSETTS, 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE TWENTY NINTH DAY OF MAY, 

AND ENDED ON SATURDAY, THE FIFTEENTH DAY OF JUNE, ONE THOUSAND SIOHT 

HtTNDRED AND TWENTY TWO. 

GOVERNORS SPEECH. 

REPRESENTATIVES' CHAMBER, JUNE 3, 1822. 

At noon, agreeably to assignment, the two Houses assem- 
bled in Convention, when His Excellency the Governor 
came in, preceded by the Sheriff of Suffolk, and attended 
by His Honor the Lieutenant Governor, the Honorable 
Council, and the Officers of State ; and delivered the 
following 

SPEECH. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

IN meeting the two Houses in conformity to 
ancient usage, it is with great satisfaction I have 
it in my power to observe, that nothing affecting 
the essential interests of the Commonwealth, has 
occurred since the last session of the late Legisla- 
ture, to require special consideration on this occa- 

67 



506 GOVERNOR'S SPEECH. 

sion. The complicated concerns of society, how- 
ever, are continually furnishing new subjects for 
legislative regard. We are, besides, in possession 
of great and numerous blessings, which have been 
vouchsafed to us by a beneficent Providence, and 
which, while they call for our devout gratitude, 
claim our watchful care to preserve. Among the 
blessings which our duty as citizens, and as public 
agents, calls on us to guard with solicitude, we 
may reckon our civil and religious liberties, which 
are guaranteed to us and our posterity, in the fullest 
extent, by a constitution of government framed by 
the wisdom of our fathers, and recently confirmed 
by the sovereign act of the people. It may, it is 
conceived, be assumed as a truth, that our consti- 
tutional rights and liberties, are so full and com- 
plete, as to admit of no accession. If this position 
be well founded, it suggests to us the danger of 
attempting changes in our system of jurisprudence, 
and the solemn duty of preserving, unimpaired, 
our inestimable acquisitions. Having acquired 
every thing valuable to us as men, as citizens, and 
as christians, we are pressed by the most weighty 
considerations, to provide for their continuance. 
If, as we fondly imagine, we^have reached a high- 
er degree of freedom than has fallen to the lot of 
other nations, it behoves us to maintain, with dig- 
nity and firmness, our lofty preeminence ; not suf- 
fering ourselves, by supineness, or the prevalence 
of selfish passions, to hazard an untimely and ig- 
nominious fall. In connexion with these reflections, 
the result of the late revision of the Constitution in 



GOVERNOR'S SPEECH. 507 

the Convention, and in the primary assemblies of 
the people, in the several tovi^ns, presents an auspi- 
cious aspect. The termination of that interesting 
review, evinces the sober and discriminating cha- 
racter of our fellow citizens : it proves that when 
the public mind is well informed, there is little 
danger to be apprehended, in questions involving 
their interests, from levity and caprice ; that the 
freemen of Massachusetts, being practical men, 
duly appreciating their own rights, are not to be 
induced lightly to abandon principles and practi- 
ses which have hitherto yielded them prosperity 
and safety. It goes, moreover, to obviate one of 
the most serious objections that has been urged 
against free governments — a tendency to instabil- 
ity and vacillation. With the knowledge of the 
course of human affairs possessed by those who 
hear me, no induction of argument is necessary to 
shew that the prosperity and happiness of the State, 
as connected with public liberty, can be secured 
only by an inflexible adherence to the principles 
of the Constitution ; and a recurrence to those 
principles, which bind together our dearest inter- 
ests, can never be more seasonable than at the 
opening of a new political year. The statesman, 
thence regulating his course, will be conducted in 
safety, through his future deliberations, to the best 
results. 

In examining the Constitution, it is observable, 
that many of its most important provisions contem- 
plate a safe distribution of power in the several 
constituent departments of government. If scru- 



50^ GOVERNOR'S SPEECH. 

pulous care is employed in defining the limits of 
power assigned to the Executive branch of govern- 
ment, and in proscribing standing armies as dan- 
gerous to liberty, the history of our ancestors, 
antecedently to, and after their leaving Europe, 
and that of their descendants, till the close of the 
revolution, sufficiently developes the source of their 
peculiar sensibiHty on these subjects, and justifies 
the cautious exactness in delineating the bounda- 
ries of delegated authority, which appears in the 
Constitution. But these are not the only sources 
of danger to freedom. Its pillars may be secretly 
undermined, as well as overthrown by open vio- 
lence. The form may remain after the spirit has 
become extinct. The framers of the Constitution 
were aware that a compact on parchment merely, 
however definite its checks and provisions, would 
prove an insufficient preservative to a free govern- 
ment, should the people become indifferent to their 
own safety, and sink into a state of ignorance and 
profligacy. Hence in the Bill of Rights it is de- 
clared, that a frequent recurrence to the first prin- 
ciples of the Constitution, and a constant adherence 
to those of piety, justice, moderation, temperance, 
industry, and frugality, are absolutely necessary to 
preserve the advantages of liberty, and to maintain 
a free government. That virtue is the vital prin- 
ciple of a republic, though a trite observation, is 
one, nevertheless, that can hardly be too often re- 
peated. The people, constituting the great source 
of power, should the public mind become corrupt,^ 
the government will suffer corresponding degene- 



GOYERNOR'S SPEECH. 509 

racy ; the character of a people necessarily infusing 
itself into their political institutions. In relation to 
ourselves, therefore, and as we would wish to trans- 
mit to future generations the blessings of that go- 
vernment we have derived from our ancestors, all 
the means that patriotism and legislative wisdom 
can devise, should be brought into action, to main- 
tain the purity of the public mind, to quicken and 
invigorate the moral sense, and to encourage the 
practise of all the personal and social virtues. 

Among the means of effecting these momentous 
objects, education is one of the most influential. 
To this point the language of the Constitution is 
clear and emphatic, when it affirms that '^know- 
ledge generally diffnsed among the people, is ne- 
cessary for the preservation of their rights and 
liberties." Ignorance is destructive both of liberty 
and good morals. In nothing was the piety, the 
good sense, and the patriotism of the fathers of 
New England more conspicuous, than in their early 
care to provide for the instruction of children and 
youth. The least reflection is sufficient to satisfy 
every thinking mind, that the rights of self-govern- 
ment are not to be preserved unless they are known 
and duly estimated — and that, destitute of mental 
culture, men are incapable of sustaining a high 
and honorable independence. In proportion as 
ignorance prevails among a people, they are dis- 
qualified to judge of the nature and extent of their 
rights and privileges, whether civil or religious ; 
and in the same proportion are liable to become 
the dupes of cunning, or the dependents of power. 



510 GOVERNOR'S SPEECH. 

What motives, then, are wanting to induce the 
citizens of our happy country to cherish our litera- 
ry institutions ? To the efficacy of our colleges, 
Massachusetts is indebted, under the benediction 
of Heaven, for her distinguished rank as a com- 
munity. Her liberty, her constitution, her laws, 
her prosperity, and her fame, have resulted from 
the wisdom of her sons, elicited and matured under 
the genial influence of literature and science ; while 
her town schools, in which her sages and states- 
men have commenced their career of glory, are 
calculated to awaken the youthful intellect, to in- 
spire a sense of character, and prepare the great 
mass of the people for understanding and defend- 
ing their rights. 

It p-ives me much satisfaction that I am able to 
lay before you, gentlemen, a report of the Board of 
Commissioners, appointed agreeably to the provi- 
sions of the act relating to the separation of the 
District of Maine from Massachusetts Proper, and 
forming the same into a separate State, by which 
it appears that the Board have unanimously agreed 
upon a settlement, assignment, and division of all 
the military stores, ordnance, and other personal 
property belonging to the Commonwealth, to a 
portion of which, the State of Maine is entitled, as 
specially set forth in an agreement signed by the 
Commissioners, and dated the twenty fifth of May, 
one thousand eight hundred and twenty two, which 
accompanies the report. The report further states, 
that in execution of the duties assigned them, 
under the fifth and sixth articles of the first section 



GOVERNOR'S SPEECH. 511 

of the act of separation, the Commissioners have 
taken the necessary measures for a survey of that 
part of the pubhc lands, lying between the Penob- 
scot River, on the west, and Schoodic River and 
Lake, on the east, and extending north from the 
northerly line of the Bingham lottery land, so call- 
ed, so far as to complete four ranges of townships, 
each range of six miles in width, to be examined 
and surveyed for the purpose of dividing and set- 
ting off so much thereof, as may be necessary to 
satisfy by assignment, at the election of Massachu- 
setts, from the part falling to the Commonwealth, 
the sum of thirty thousand dollars, according to the 
provisions of the fifth article of the first section of 
the act of separation. 

The survey and examination of these lands 
have been assigned to ^he Honorable Silas Holman 
and Lathrop Lewis, as a Committee of the Board, 
and under particular instructions for the govern- 
ment of their conduct in executing their trust: 
The instructions make a part of the report of the 
Commissioners, and a copy of the same, with the 
other documents already mentioned, will be laid 
before you by the Secretary. It is particularly 
gratifying to observe, that a hope is expressed by 
the Commissioners, that the assigning and settling 
off to the State of Maine, so much of the lands aU 
lotted to Massachusetts, as shall be of the value of 
thirty thousand dollars, and a division of the resi- 
due within the limits before mentioned, and of all 
the reserved lots in the State of Maine, may be 
accomplished in the course of the present year. 



512 GOTERNOR'S SPEECH. 

You will perceive, gentlemen, that although 
full power is given by the act of separation to the 
Commonwealth, and to the State of Maine, no 
provision exists to authorize the delivery of per- 
sonal property in the hands of the Treasurer, and 
of the Adjutant General, and Acting Quarter Mas- 
ter General, and for which they are respectively 
responsible to the Agents of the State of Maine, 
who have been specially appointed to receive the 
same. Nor does it appear that any authority is 
vested in the Governor to issue his warrant, with 
the advice of the Council, for any sum awarded to 
the State of Maine, from the Treasury of the Com- 
monwealth, after an adjustment of all the liabilities 
and indemnities contemplated in the act of separa- 
tion. The subject is recommended to your early 
consideration, as it is understood that the Agent 
from the State of Maine will soon be here to re- 
ceive the dividend belonging to that State. Seve- 
ral other subjects will be communicated to you 
hereafter, by special messages. And it will be 
highly grateful to me, gentlemen, to concur with 
you in your efforts to promote the honor and hap- 
piness of the Commonwealth. 

JOHN BROOKS. 

Council Chamber, June. Sd, 1822. 



ANSWER OF THE SENATE. 



May it please your Excellency ^ 

THE Senate of Massachusetts has received 
with great satisfaction, the communication which 
your Excellency has been pleased to make to both 
branches of the Legislature, at the opening of the 
public business of the present session. Just, com- 
prehensive, and discriminating views of constitu- 
tional liberty, of the principles of social order, and 
the rights and duties of the citizens of a free Com- 
monwealth, must command the highest respect and 
attention from those who are entrusted with the 
duty of legislating for their fellow citizens; and the 
Senate cannot avoid recording them with peculiar 
interest, when illustrated by long experience, care- 
ful reflection, and a thorough knowledge of the 
origin and structure of our admirable system of 
social polity. 

The Senate participates in the satisfaction ex- 
pressed by your Excellency, that no subject has re- 
cently occurred, requiring the special consideration 
of the Legislature. A period of great political inter- 
est and excitement, is usually one, either of actual 
suffering, or of imminent danger. The absence, 
therefore, of all causes of considerable political in- 
68 



514 ANSWER OF THE SENATE. 

terest, is, perhaps, one of the best proofs of general 
tranquillity, safety and prosperity. It is probably 
true, that that state of civil and social liberty is the 
most perfect, in which the operation, and even the 
existence of government, is the least felt and 
observed. In such a condition, every citizen, se- 
cure in all his just rights, actually enjoying the 
protection of government, and scarcely conscious 
of its restraints, will pursue with cheerfulness and 
alacrity, those occupations and employments, for 
which his inclination and abilities have best fitted 
him. No condition of society can be imagined, 
better calculated to cherish the growth of the libe- 
ral and useful arts, to promote the successful culti- 
vation of all moraland intellectual excellence, and 
to encourage and sustain every effort of high and 
honorable enterprize. But yet, in a state of soci- 
ety, thus prosperous and tranquil, little remains for 
the legislator and statesman, but to adhere steadily 
to those principles of piety, justice, honesty and 
frugality, which can alone preserve and perpetuate 
the blessings of liberty and social order. These 
considerations, whilst they inculcate a lesson of 
sobriety and moderation, and admonish those to 
whom the public interests of the community are 
confided, of the danger of great and violent inno- 
vations, ought not to deter them from observing 
and gradually introducing all those improvements, 
which the progress of society, in all its depart- 
ments, and the developement of new sources of 
industry and activity, must, from time to time, 
naturally suggest. 



ANSWER OF THE SENATE. 515 

The result of the late revision of the Constitu- 
tion of this Commonwealth, by a numerous con- 
vention of the people, embracing* many of its most 
experienced and clistinguished citizens, is full of 
interest and instruction. It is remarkable that a 
Constitution, framed under circmnstances so pecu- 
liar and apparently inauspicious, should have em- 
braced, in so eminent a degree, all the features of 
a free and energetic government. In making a 
just estimate of the nature and principles, the merits 
and defects of our Constitution, it cannot be forgot- 
ten that the establishment of a free Commonwealth, 
founded througliout upon the principles of repre- 
sentative democracy, was a new and untried ex- 
periment. It is true, that it was not formed in 
haste. Several years elapsed between the com- 
mencement and completion of the bold and happy 
design. INIany propositions were made and dis- 
cussed with great learning and ability, both in de- 
liberative bodies, and among the people at large ; 
and thus the principles of our Constitution were 
digested and matured, before they were embodied 
in the actual form of government which was event- 
ually adopted. But the Commonwealth, during 
that whole period, was laboring under the pressure 
of a severe, and, in many respects, a calamitous 
war. The people were just emancipated from the 
operation of what they could not avoid regarding 
as an arbitrary and oppressive government. Under 
these circumstances, an excessive jealousy in the 
grant and distribution of even just and necessary 
powers, if it could not be justified, was, at least. 



516 ANSWER OF THE SENATE. 

naturally to be expected. It is, however, alike a 
subject of admiration and of gratitude, that the 
framers of our excellent Constitution, uninfluenced 
by the force of temporary circumstances, firmly 
and steadily pursuing the best lights which the 
science of government could at that period afford, 
were principally solicitous to provide for an exact 
and practical responsibility, to secure a safe distri- 
bution and regular exercise of power in the go- 
vernment which they established, without yielding 
to that timidity which would have greatly impair- 
ed its force, by injudicious restraints on its author- 
ity. Their theories have now borne, and borne 
triumphantly, the test of long and severe experi- 
ment. The most critical investigation of the Con- 
stitution, has been able to discern nothing absolute- 
ly wrong in its principles, or in any considerable 
degree injurious in its operation. The people of 
this Commonwealth cannot have regarded, without 
deep interest and solicitude, the great number of 
alterations in their Constitution proposed, and the 
very small number actually adopted. This consi- 
deration is well calculated to silence the complaints 
of ^ cavillers, and to resist a restless love of change, 
by shewing how much easier it is to indicate faults 
and defects, than to demonstrate to the satisfaction 
of cautious and considerate men, any real and sub- 
stantial improvements. It may also well inspire 
new confidence and satisfaction, by affording the 
most convincing proof, that neither plausible theo- 
ries, nor appeals to interest, prejudice, or passion, 
will induce a reflecting and high minded people. 



ANSWER OF THE SENATE. 517 

lig'htly to change the essential principles of a Con* 
stitution, under which they have so long enjoyed 
liberty and safety. 

The Senate cordially concurs in the sentiments 
which your Excellency has been pleased to express 
upon the interesting subject of general education. 
The vital importance of ample and general provi- 
sions, for the free education of the whole rising 
generation, without any distinction, can scarcely be 
too often or too earnestly pressed upon the consi- 
deration of the government and people of this 
Commonwealth. The privilege of enjoying the 
means of education, and of the culture and im- 
provement of the mind, is at all times, and under 
every form of society, to be regarded as a distin- 
guished blessing. But the general diffusion of 
knowledge, among all classes of people, is the es- 
sential and indispensable basis of a representative 
republic. The town school is the only proper in- 
troduction to the town meeting. A representative 
republic, to be vigorous and energetic, must com- 
bine and embody, in a good degree, the aid of 
public opinion, and the force of the public will. 
To effect this object, the right of suffrage should 
be liberally and frankly extended to the great 
body of the active and industrious classes of socie- 
ty. But the right of suffrage can never be wisely 
or safely extended to uneducated and unenlighten- 
ed men. Where such is the predominating cha- 
racter of the people, there must necessarily exist a 
populace, alike subject to infatuation and to impo- 
sition, incapable of appreciating their own rights. 



518 ANSWER OF THE SENATE. 

and unfit to be intrusted with those powers, whiqh 
might enable them to affect the rights of others. 

Such a people is utterly incapable of enjoying 
or exercising the high privilege of self government, 
and can only be restrained by the rude hand of 
physical force. The means of general education, 
therefore, and the blessings of free government, are 
to be regarded as indissolubly connected. An ig- 
norant people cannot long enjoy free government ; 
and an enliglitened people cannot permanently be 
enslaved. 

The various other subjects, both of a private 
and general nature, which your Excellency has 
been pleased to communicate for the consideration 
of the Legislature, will receive the early and dili- 
gent attention of the Senate. The Senate will be 
happy to concur with your Excellency in all mea- 
sures, which may have a tendency to improve and 
ameliorate the laws, to advance the prosperity, and 
promote the best interests of the Commonwealth. 



ANSWER OF THE HOUSE. 



May it please your Excellency y 

THE House of Representatives participate 
in the sentiments which you have expressed, in re- 
lation to the general prosperity of our country, and 
to the excellence of institutions, calculated, as ours 
are, not to confer distinction on a few, but to se- 
cure the rights and promote the happiness of the 
whole people. They feel it to be both a privilege 
and a duty, to dwell on the contemplation of these 
blessings ; not as a ground of vain boasting, or a 
temptation to sit down and enjoy them in indolence, 
but as a motive to humble gratitude, and to the 
utmost diligence in preserving and difHising them. 
Our civil institutions, having their origin in the 
peculiar character of our ancestors, so justly and 
highly valued, and naturally tending to perpetuate 
it, ought to be extended with the growth, and 
adapted to the changes of society. If they are n,«)t 
improved, while every thing else is improvmg 
around us, so as always to bear an equal propor- 
tion to the means and wants of the community, 
they are not faithfully transmitted; and more than 
this must be done, if we would pay any part of the 
debt of gratitude, which we owe to those from 
whom we inherit them. 



520 ANSWfiR OF THE HOUSE. 

None of these institutions can be regarded with 
more complacency than those estabUshed for the 
pubUc instruction of youth ; which at once enlight- 
en their understandings and exalt their moral cha- 
racter; connect them early with each other, by 
those ties of friendly feeling, which are the lightest 
and most graceful, and yet among the strongest 
bonds of society ; inspire them with that deep sense 
of their perfect equality and mutual dependence, so 
appropriate to our condition ; and cherish among 
them the habits of deliberation, order and dili- 
gence, which distinguish the inhabitants of New 
England, and lie at the very foundation of our 
prosperity. 

To preserve all our institutions in their original 
purity and vigor, to provide new restraints on 
frauds, as the increase of wealth offers new tempt- 
ations to it, to facilitate the means of internal in- 
tercourse, which are at the same time the evidence 
and the instruments of continual improvement, and 
to exercise the whole of that paternal control wise- 
ly devolved on our State Government, are duties 
requiring the constant attention of the Legislature. 
In discharging them, while we shall not shrink 
from the responsibility of our situation, nor hesi- 
tate to maintain the privileges conferred on us by 
our constituents, for their benefit, we shall take 
care not to transgress the limits assigned us by the 
ConstitutioUj or to encroach on those rights and 
liberties, which the people derive from a still high- 
er source. We shall recollect, also, that govern- 
ment is established for practical purposes, and that 



ANSWER OF THE HOUSE. 521 

convenience and utility are not to be sacrificed to 
mere speculation, nor the usages and establish- 
ments, with which the people are familiar, and un- 
der which they have been so prosperous, to be light- 
ly changed, in compliance with any new theory, or 
in imitation of the example of any other State. 

It is gratifying to recur to the proof, which our 
fellow citizens have recently given of their attach- 
ment to the spirit, and even to the letter of our 
venerable Constitution; for it is only by forms 
and rules, that the abstract principles of justice 
can be applied to the regulation of human con- 
duct; and to overleap forms, is often the first step 
to ov^erleaping principles. 

We learn, with no little satisfaction, the progress 
made by the Commissioners of this Commonwealth 
and the State of Maine, in the discharge of their 
duties. The harmony which has attended their 
proceedings, is a just topic of congratulation; and 
we flatter ourselves that it is an omen of much 
friendly and mutually beneficial intercourse. The 
further communications which may be received 
from you on that subject, shall be the objects of 
our earliest attention. 

The House of Representatives find pleasure in 
reiterating to your Excellency, the assurance of 
their entire confidence, and of the peculiar satis- 
faction it gives them to be associated in the per- 
formance of their public duty, with one, who on so 
many important occasions has pledged himself to 
the service of his country, and by whom that 
pledge has been always so honorably redeemed. 
69 



522 GOVERNOR'S MESSAGE. 



CHAP. I. 

Gentlemen of Vie Senate, and 

Gentlemen of the House of Ilepresentativesy 

The Secretary will lay before you conimunicatioas I 
have lately received from the Governors of the States of 
South Carolina, Georgia, and Ohio, accompanied by sundry 
resolutions of the Legislatures of those States respectively. 

On the twenty third of February last, a bill was present- 
ed to me, that had passed the two branches of the Legisla- 
ture, entitled ^^ an act to repeal all laws heretofore made for 
the inspection of gunpowder/"' As I conceived that the 
public had an interest in the manufacture of gunpowdei> 
and that that interest would be affected unfavorable by a 
repeal of the law, without a substitute, and as, more espe- 
cially, no provision was made in the bill for the recovery of 
fines and penalties which might have been incurred by a 
breach of the provisions of the existing law, my signature 
was withheld. The consequence of which is, that it did 
not become a law ; as its passage in both branches of the 
Legislature took place the day of their prorogation. The 
manufacture of gunpowder, however, is becoming, or rather 
has already become, of so much consideration, both as an 
article of commerce for exportation, and of domestic con- 
sumption, as to be entitled to legislative attention. That 
the existing law is not adapted to the present circumstances 
of the Commonwealth, is readily admitted: But that sub- 
stantial benefits have been derived from some of its provi- 
sions, there can be little doubt. Under the inspection, the 
materials of which powder is composed, have been of a bet- 
ter quality, and the manner of manufacturing them has been 
improved. The citizens of the State, who are the principal 
consumers, have been supplied with better powder, and the 
character of it has risen in mercantile estimation, as an ar- 
ticle of export. In no article of commerce, is deception 
more easily practised, than in powder: And even the im- 
perfect mode of inspection that has been in use since the 
existence of the law in question, has raised its character, 
and saved the purchasers, in some degree at least, from im- 
position. 



GOVERNOR'S MESSAGE. 523 

In the course of the last winter, I requested the Adjutant 
General, the acting Quarter Master General, to examine 
into the state of the manufacture of gunpowder, and its value 
as an article of export, and to report to me a statement of 
facts, together with such remarks on the subject generally, 
as might occur to him in the prosecution of his inquiries. 
That oflBcer, to whose care the public magazines for the 
safe keeping of gunpowder is entrusted, has made his re- 
port, a copy of which, for the information of the Legisla- 
ture, will herewith be laid before you. 

JOHN BROOKS. 

Council Chamber., June 5th, 1822. 



CHAP. II. 

Gentlemen of the Senate, and 

Gentlemen of the House ^Representatives, 

In the month of February last, a resolution was passed, 
authorizing, under the sanction of the Executive, an enlarge- 
ment of the yard of the State Prison, on the western side ; 
and in pursuing the objects contemplated in the resolution, 
a skilful architect was appointed to lay out a plan of the 
work, to contract for and superintend the same. The pro- 
secution of the work was commenced as early in the season 
as was practicable, and is continued with as much dispatch 
as consists with a faithful construction of the wall, under 
contracts, it is believed, as favorable to the Commonwealth, 
as could have been obtained. 

In order to insure, as far as possible, a due execution of 
|he intentions of the government, a Committee of the Coun- 
cil has been appointed, to which, in the recess of the Board, 
was assigned a supervision of the undertaking. 

The Committee, having thus far fulfilled the objects of 
their appointment, on the fourth instant made a report, em- 
bracing a more distinct view of the subject of the resolution 
than could have been obtained at an earlier period. A copy 
of the report will herewith be laid before you. 



524 PAY OF MEMBERS. 

The condition of a portion of both the north and south 
walls of the prison yard is such, as, in the opinion of the 
Executive, to require a reconstruction, as regards the safety 
of the prison. The subject is recommended to your con- 
sideration. 

The Honorable Major Greneral Salem Towne, Junior, 
having resigned, and been discharged from his office, a 
vacancy of Major General has thereby occured in the sixth 
division of the militia. 

JOHN BROOKS. 

Council Chamber., June 6i/i, 1 822. 



CHAP. 111. 

Resolve providing for the pay of the Members of the Legis- 
lature. June 6th, 1822. 

Resolved, That there b#paid out of the Treasury of this 
Commonwealth, to each member of the Council, Senate and 
House of Representatives, two dollars for each and every 
day's attendance the present session, and the like sum for 
every ten mile's travel from their respective places of abode 
to the place of the sitting of the General Court, at every 
session thereof. ,l7id be it further resolved, that there be 
paid to the President of the Senate, and Speaker of the 
House of Representatives, each, two dollars per day for 
each and every day's attendance, in addition to their pay 
as members. 



CHAP. IV. 

Resolve on the petition ofApollos Johnson. June 7th, 1822. 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the public Treasury of this Com- 
monwealth, to ApoUos Johnson, the sum of forty dollars, in 



•*• 



STATE PRlSOlsr.— D. A. WHITE. 525 

full for his own services, and the services of those who acted 
with him, in apprehending and securing Daniel Sawin, Ju- 
nior, for trial, for passing counterfeit bills of the Union 
Bank, in Boston. 



CHAP. V. 

Hesolve granting 810,000, for the State Prison. , 
June 7th, 1822. 

On the representation and petition of Gamaliel Bradford, 
Esquire, Warden of the State Prison, 

Mesolvpd, That there be allowed and paid out of the 
public Treasury, to the Warden of the State Prison, for the 
use of the said prison, ten thousand dollars, in such sums 
and at such times as the Directors thereof may order ; and 
His Excellency the Grovernor, with the advice of the Coun- 
cil, is hereby authorized and requested to draw a w.arrant 
or warrants for the same accordingly. 



/ 
CHAP. Vl. 

Resolve on the petition of D. A. White, Esquire. 
June 8th, 1822. 

On the petition of Daniel A. White, Esquire, stating that 
the Essex Agricultural Society were unavoidably prevented 
from filing the certificate prescribed by the act, entitled "an 
act for the encouragement of agriculture and manufactures," 
in the office of the Secretary of the Commonwealth, within 
the month of October last, but that they have since duly 
filed such certificate : 

Therefore resolved, For reasons set forth in said petition, 
that His Excellency the Governor be authorized to issue 
his warrant to the Treasurer of this Commonwealth, upon 



526 MASSACHUSETTS TERM REPORTS. 

the certificate aforesaid, in like manner as if the certificate 
aforesaid had been filed in the Secretary's Office witbia the 
said month of October. 



CHAP. VII. 

Resolve on the petition of Tertius Taylor. June 7tb, 1822. 

Resolved^ That there be paid out of the Treasury of this 
Commonwealth, to Tertius Taylor, a soldier in the tenth 
Massachusetts regiment, commanded by Colonel Marshall, 
in the American revolutionary army, twenty four dollars 
and ninety nine cents, in full of balance his due, as appears 
on the army books in the Secretary's Office. 



CHAP. VIll. 

Resolve to purchase Massachusetts Term Reports. 
June 8th, 1822. 

Resolved, That the Secretary of the Commonwealth be, 
and he hereby is authorized and directed forthwith to pur- 
chase so many of the volumes of reports of the decisions of 
the Supreme Judicial Court, at a rate not exceeding three 
dollars a volume, as may be necessary to furnish all towns, 
and the several officers of the Commonwealth, which have 
not been furnished with them, and by law are entitled to the 
same : And His Excellency the Governor is hereby autho- 
rized and requested to draw his warrant on the Treasury 
for the amount of such purchase. 



J. GREEN.— W. PIERCE. 527 

CHAP. IX. 

Resolve on the petition of Joshua Green, June 8th, 1822. 

On the petition of Joshua Green, of Wendell, in the 
County of Franklin, administrator on the estate of Joel 
Bent, late of said Wendell, deceased, praying to be autho- 
rized to convey by deed, to Morris Lincoln, of Barre, in the 
County of Worcester, a certain tract of land situate in said 
Barre, containing about ten acres, pursuant to an agreement 
made by said Bent in his lifetime, to said Lincoln : 

Resolved, For reasons set forth in said petition, that said 
Joshua Green be, and he is hereby fully authorized and 
empowered to convey by deed to the said Morris Lincoln, 
his heirs and assigns, the aforesaid land; which deed, when 
duly executed by said Green, shall be as valid and effectual 
to all intents and purposes, as if the said Bent had conveyed 
the same in his lifetime: The said Green accounting, as 
administrator of said Bent, for the sum paid to him for said 
tract of land, as part of the personal estate of said Bent, ac- 
cording to law. 



CHAP, X. 

Resolve on the petition of Washington Pierce. 
June 8th, 1822. 

On the petition of Washington Pierce, of Weston, in the 
County of Middlesex, guardian of Horatio N. Lamson, of 
the same Weston, a spendthrift, praying for license to sell 
and pass deeds to convey the real estate of said Horatio N, 
Lamson, situate in said Weston : 

Resolved, For the reasons set forth in the said petition, 
that the said Washington Pierce, guardian of said Horatio 
N. Lamson, be, and he hereby is authorized and empower- 
ed to sell and convey the real estate of the said Horatio, 
in said petition mentioned, consisting of an undivided moic- 



528 MARY RING^. 

ty of two tracts of land, with the appurtenances, situate in 
said Weston ; one tract containing about sixteen acres, near 
the public meeting house, and adjoining the great county 
road; the other a tract of pasture and tillage land, adjoining 
the road leading to the north part of said Weston, and con- 
taining about nine acres, subject to the dower of Abigail, 
formerly the widow of Isa^c Lamson, deceased, now the 
wife of Isaac Warren, of Charlestown; and to give and 
pass good and sufficient deeds of all the right, title and in- 
terest of the said Horatio in and to the same: Provided, the 
said Washington Pierce first give bond, with sufficient sure- 
ties, to the Judge of Probate for the County of Middlesex, 
or his successor in said office, that he will observe the rules 
and directions of law for the sale of real estates by guar- 
dians ; and the proceeds of said sale, shall be put at inter- 
est, on good security, for the said Horatio N. Lamson's 
benefit, and the same to be accounted for according to law. 



CHAP. XL 

Resolve on the petition of Mary Ring. June 8th, 1822. 

On the petition of Mary Ring, of Salisbury, in the Coun- 
ty '-f Essex, mother of Nathaniel Ring, Samuel M. Ring, 
and Joseph Ring, minors, having no guardian, praying for 
leave to sell at private sale, certain real estate, situated in 
said Salisbury, on the north side of Pewen River, (so call- 
ed,) and adjoining the same, devised to the said minors by 
the last will of Abner Ring, deceased : 

Resolved, That the said Mary Ring, for the reasons set 
foith in said petition, be, and she is hereby authorized and 
empowered to sell, in manner prayed for, the real estate 
described in said petition, and make and execute a sufficient 
deed of the same, and the proceeds of said sale to vest in 
other real estate, or put the same at interest for the use of 
said minors, as may in her opinion most conduce to their 
benefit; provided, the said Mary first give bond, with suffi- 
cient sureties, to the Judge of Probate for said County of 
Esse*, with conditions, that within three months from the 



D. STEBBINS.—TOWN OF DALTON. 529 

time of the sale of such estate, she will file in the office of 
said Judge of Probate, a true account of said sale, and that 
she will vest the proceeds thereof in other real estate, for 
the benefit of said minors, or otherwise account to them for 
the same and interest, whenever thereto legally required. 



CHAP. XII. 

Resolve on the petition of Daniel Stebbins and Wife. 
June 8th, 1822. 

On the petition of Daniel Stebbins, and Elizabeth Gr. 
Stebbins, his wife, praying that some person may be au- 
thorized to sell certain real estate of Elizabeth Long and 
Charles Long, situate in Newburyport, in the County of 
Essex, the same having been conveyed to the said Eliza- 
beth and Charles, minors, by their mother, the said Eliza- 
beth G. Stebbins, previous to her intermarriage with the 
said Daniel : 

Resolved, For the reasons set forth in said petition, that 
Anthony Knapp, of said Newburyport, be, and he hereby 
is authorized and empowered to sell and convey, in fee sim- 
ple, at public or private sale, the real estate described ia 
said petition, and to make, execute and deliver a good and 
sufficient deed of the same : Provided, that the said Antho- 
ny shall first give bond, with sufficient sureties, to the Judge 
of Probate for the County of Essex, conditioned that he will 
account for, and pay over the proceeds of said sale, to such 
guardian or guardians of said minors^ as shall be hereafter 
appointed. 



CHAP. XIIL 

Resolve on the petition of the Town of Dalton. 
June 10th, 1822. 

Resolved, That the Committee on Accounts be, and they 
70 



530 GOVERNOR'S MESSAGE. 

hereby are directed and empowered to consider and pass 
upon the accounts of the Town of Dalton, in the County of 
Berkshire, against the Commonwealth, for the support of 
Phoabe Veets, and allow so much thereof as may appear to 
be justly due, notwithstanding the statute of limitation. 



CHAP. XIV. 

Getlemen of the Senate, and 

Gentlemen of the House of Representatives , 

By the report of the Commissioners, which was laid be= 
fore you on the third instant, it appears that a division of 
the military stores and ordnance, belonging to the Com- 
monwealth, to a portion of which the State of Maine is en- 
titled, has been made and agreed upon, conformably to the 
provisions of the act for separating the District of Maine 
from Massachusetts Proper, &c. 

From a survey that was taken the last year, under the 
authority of the government, a large proportion of the muni- 
tions of war deposited in the several arsenals of the State, 
was found and reported by the persons having charge of 
that business, to be in a decaying condition; many of the 
articles which are little liable to deterioration, are in a state 
of perfect soundness, and with proper care will continue to be 
fit for use for a long time. These, it is presum^^d, the public 
interest requires should be retained and preserved. But on 
the contrary, it is suggested, whether it would not be for the 
interest of the Commonwealth to dispose of all such imple- 
ments as are decaying or are of a perishable nature, at pub- 
lic auction. Some of them, though intended for military 
purposes, are convertable to other uses, and would now, 
probably, sell for something near their value ; but which, if 
much longer retained, will become useless. 1 shall readily 
concur with you in any course you may think proper to 
adopt on this subject, which is submitted to your consid- 
eration. 

JOHN BROOKS. 

Council ChambeVyJune llfft, 1822. 



DANIEL HOWARD. 531 



CHAP. XV. 



Resolve on the petition of J). Howard^ Agent of West 
Bridgewater. June 12tli, 1822. 

On the memorial and petition of the Honorable Daniel 
Howard, of West Bridgewater, in the County of Plymouth, 
stating that the Towns of North Bridgewater and West 
Bridgewater, were both set off from Bridgewater, and in- 
corporated into several and distinct towns, previous to the 
last tax act, and that no provision is made for assessing on 
their respective inhabitants, their respective proportions of 
the state and county taxes, but that warrants have issued 
both from the state and county Treasurers, for assessing on 
the Town of Bridgewater alone, the whole tax which ought 
by law, and the principles of the valuation, to be paid by 
the three Towns of Bridgewater, West Bridgewater, and 
North Bridgewater; Therefore, 

Hesolved, That the respective Towns of West Bridge- 
water and North Bridgewater, are hereby respectively au- 
thorized and empowered to assess upon their respective 
inhabitants, agreeably to the provisions of the last tax act, 
their respective proportions of the state and county taxes 
which are now required to be assessed on the Town of 
Bridgewater : Provided, that the said Towns of Bridgewa- 
ter, West Bridgewater and North Bridgewater, shall have 
first mutually agreed upon and settled the proportion which 
each ought to pay; and such assessments, when made, they 
may commit to their own respective Collectors, in due form 
of law, to collect and pay over to the state and county 
Treasurers respectively ; which Treasurers shall have pow- 
er and authority to receive the same, and pass it to the cre- 
dit of Bridgewater: and in case either of said towns, or 
Collectors, shall be remiss or delinquent in paying such 
assessments, when agreed upon and made as aforesaid, the 
said Treasurers are respectively hereby authorized and em- 
powered to enforce such payment by due process of law, as 
is provided in other cases of delinquent towns or collectors. 



532 ¥. FAULKNER.— TOWN OF BEVERLY. 



CHAP. XVL 

Resolve on the petition of Francis Faulkner. 
June 12th, 1822. 

On the petition of Francis Faulkner, of Billerica, Esquire, 
and Ann Faulkner, his wife, and James R. Faulkner, pray- 
ing for license to sell certain real estate, devised to the said 
Ann during her life, with the remainder to her children, by 
James Robbins, late of Watertown, in the County of Mid- 
dlesex : 

Resolved, For reasons set forth in said petition, that the 
said James R. Faulkner be, and he hereby is authorized 
and empowered to sell and make deeds to convey all the 
real estate devised and bequeathed by the said James Rob- 
bins, by his last will and testament, to the said Ann and 
her children as aforesaid ; he, the said James R. Faulkner, 
previous to making sale thereof, giving bond to the Judge 
of Probate for the County of Middlesex, to his satisfaction, 
to put out the proceeds of said sale on interest, and to pay 
over the interest and income thereof, annually, to the said 
Ann during her life; and both principal and interest to those 
who shall be legally entitled to the same thereafter; in all 
things relating to said sale, conforming to the provisions of 
law relating to the sale of real estate by guardians of mi- 
nors, so far as the same may be applicable. 



CHAP. XVII. 

Mesolve on the petition of the Selectmen of the Town of 
Beverly. June 12th, 1822. 

On the petition of the Selectmen of the Town of Beverly, 
praying that the election of Jonathan Grriffin, as a Collector 
of Taxes for said town, for the year one thousand eight hun- 
dred and twenty, be declared valid : 

JResolved, That for reasons set forth in said petition, the 
doings of the Town of Beverly, in the election of the said 



TREASURER TO BORROW MONEY. 533 

Jonathan Griffin, as a Collector of Taxes, for the year one 
thousand eight hundred and twenty, shall be, and hereby 
are declared valid and effectual in law, in all respects, as if 
he had been chosen at the regular time ; provided, that no 
suit or suits now pending in any court or courts in this Com- 
monwealth, shall be affected by the passing of this resolve. 



CHAP. XVIII. 

Resolve authorizing the Treasurer to borrow Money. 
June 12th, 1822. 

Resolved, That the Treasurer of this Commonwealth be, 
and he is hereby authorized and directed to borrow of any 
of the banks in Boston, or within this Commonwealth, any 
sum not exceeding eighty five 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 pay any sum he may borrow, as soon as money 
sufficient for the purpose, and not otherwise appropriated, 
shall be received into the Treasury. 



CHAP. XIX. 

Resolve to deduct from the valuation of the Town of Dudley, 
the amount of the polls and estates of certain persons set 
off from Dudley, and annexed to the Town of Southbridge. 
June 13th, 1822. 

Resolved, That the sum of seven cents on the thousand 
dollars, as apportioned by the valuation, be taken from the 
Town of Dudley, and added to that of Southbridge. 



534 LEONARD M. PARKER. 



CHAP. XX. 

Resolve authorizing Leonard M. Parker to convey the 
Real Estate of his minor children. June 14th, 1822. 

On the petition of Leonard M. Parker, of Charlestown, 
in the County of Middlesex, father of Martha Lincoln Par- 
ker, Elizabeth Waldo Parker, and Sarah Rebecca Parker, 
minors, under the age of eight years, representing among 
other things, that he and his late wife, Martha Parker, now 
deceased, were seized in fee in her right, as one of the 
children and heirs of the late Honorable Levi Lincoln, of 
one sixth part of certain real estate, in common and undivi- 
ded with the other heirs of said Lincoln, situated partly in 
the Towns of Oakham and Spencer, in the County of Wor- 
cester, and Commonwealth of Massachusetts, partly in the 
Town of Columbia, in the County of Washington, partly in 
the Town of Grarland, in the County of Penobscot, partly 
in the Township letter E, in the County of Oxford, all in 
the State of Maine, and partly in the Town of Concord, in 
the County of Essex, and State of Vermont: And further 
representing that he is seized and entitled to the rents and 
profits of the said undivided sixth part of the premises 
aforesaid, during his natural life, as tenant by the courtesy ; 
and that his said minor children are seized thereof in fee, 
IS heirs at law of their mother, the said Martha Parker, 
and praying that he may be authorized to make sale there- 
of, or such part of the same, as may be for the interest of 
said minor children: 

Resolvedy That the said Leonard M. Parker, for the rea- 
sons set forth in said petition, be, and he is hereby author- 
ized and empowered to sell and convey, by sufficient deeds, 
the right and interest of his said minor children, as heirs at 
law of the said Martha Parker, deceased, in any part, or 
all the real estate aforesaid, situated within this Common- 
wealth, either at public or private sale; and he is also here- 
by authorized, so far as the authority and assent of this 
government may be available for that purpose, in like man- 
ner to sell and convey the right and interest of his said mi- 
nor children, as heirs at law as aforesaid, in any part, or 
all the real estate situated in the States of Maine and Ver- 



CHARLES G. LORING. 535 

mont, as set forth in said petition: Provided, he the said 
Leonard M. Parker first give bond, with sufficient sureties 
to the Judge of Probate of the County of Worcester, to file 
in the office of the said Judge of Probate, a true account of 
all the sales that may be made of any of the lands mention^ 
ed in this resolve, within six months from the time or times 
at which said sales may be made; also to account to his said 
minor children, when legsflly required, for the net proceeds 
of such sales, with one fourth part of the usual rate of in- 
terest on the same, unless the said Leonard M. Parker shall 
vest the whole or part of the proceeds of said sale, in other 
real estate situated within this Commonwealth, for the ben- 
efit of his said minor children, which he is hereby author- 
ized and empowered to do; and in which case, he is only 
to account in manner aforesaid for as much of the proceeds 
of said sale, as may not be vested in other real estate for 
the benefit of said children ; and in case the said Leonard 
M. Parker shall vest the whole or any part of the proceeds 
of sales made in pursuance of this resolve, in other real 
estate, for the benefit of his said minor children, he is to 
take deeds thereof to himself, to the use of himself for life, 
with the reversion in fee to his said minor children. 



CHAP. XXI. 

Resolve on the petition of Charles G. Loring. 
June 14th, 1822. 

On the petition of Charles Gr. Loring, of Boston, in the 
County of SuflPolk, guardian of Isabella Stevenson, Joshua 
Thomas Stevenson, Hannah Elizabeth Stevenson, Mary 
Ann Francis Stevenson, Margaret Stevenson, Francis Ca- 
leb Loring, Sarah Francis Loring, and Izannah Elizabeth 
Loring, all of said Boston, minors, under tlie age of twenty 
one years, representing that each of the said minors is seized 
in fee of the reversion, after the death of Mary Grreely, of 
one twenty eighth part of a certain tract of land, situate in 
said Boston, and that it is for the benefit of said minors, 
that their respective estates in said land should be sold, and 



536 H. CAPEN AND E. OCCUCHA. 

the proceeds to arise therefrom invested in good securities., 
in order that the interest to accrue thereon may be paid to 
the said Mary Greely, during her life, and the principal, 
after her decease, be distributed among the said minors, or 
their legal representatives : 

Resolved, For reasons set forth in said petition, that the 
said Charles Gr. Loring, guardia^n as aforesaid, be, and he 
hereby is authorized, in his said capacity, to sell and con- 
vey, and make and execute a good and sufficient deed of 
release and quit claim of all the right, title, interest, and 
estate, Vi^hich the said minors or either of them have or has 
in and to the said tract of land, upon his first giving bonds 
to the Judge of Probate for the said county, to be approved 
of by him, for the faithful performance of his, the said Lo- 
ring's duty, as guardian as aforesaid, in the sale of the said 
minors' estates in said lands, and the investments of the 
proceeds to arise therefrom in the manner, and for the pur- 
poses above mentioned; and to render an account of his 
doings to the said Judge of Probate, within three months 
from the day of said sale : And such deed or deeds, so to be 
made by the said Charles G. Loring, in his said capacity, 
shall have the same effect in law, as if the same had been 
made by the said minors, were they of full age. 



CHAP. XXII. 

Resolve on the petition of Hannah Cajpen and Elizabeth 
Occucha. June 14th, 1822. 

On the petition of Hannah Capen and Elizabeth Occu- 
cha, Indian women, and heirs of David Capen, late of 
Christiantown, on Martha's Vineyard, praying that some 
suitable person may be authorized to sell at public auction, 
the land which descended to them from their grandfather, 
the late David Capen : 

Resolved, That the Honorable Matthew Mayhew, of 
Chilmark, be, and he is hereby authorized to sell at public 
auction, all the real estate t;Jiat has descended to the said 



ADJ. GENERAL.— CONTINGENT FUND. 537 

Uannah Capen and Elizabeth Occucha, grand daughters 
of the late David Capen, of Christiantovvn, deceased, the 
wood and brush land excepted, and to make and execute a 
good and sufficient deed of the same; provided, that the said 
Matthew Mayhew first give bond, with sufficient sureties, 
to the Judge of Probate for the County of Dukes' County, 
to observe and perform all the duties and requirements of 
law, imposed on guardians, executors and administrators, in 
sales of real estate ; and j^T'Ovided, also, that he pay over to 
the said Hannah and Elizabeth, the proceeds of said sale, 
at such time, and in such proportion, as the Judge of Pro- 
bate shall direct, holding the same in trust, for the use of 
said Hannah and Elizabeth; and when the said proceeds 
ghall be exhausted, shall make up, and settle his account 
with the said Judge of Probate, who is hereby authorized 
to receive, settle and allow the same. 



CHAP. XXIII. 

Resolve on the petition of the Adjutant General, S^c. 
June 14th, 1822. 

Resolved, That the Adjutant and Acting Quarter Master 
General be, and he is hereby authorized to employ one 
Clerk in his office, in addition to the one now provided by 
law ; and that His Excellency the Governor, with the ad- 
vice of Council, be requested, from time to time, to draw 
his warrant on the Treasury for a sum not exceeding two 
dollars a day, for the time such Clerk shall be actually 
employed. 



CHAP. XXIV. 

Resolve for Contingent Funds. June 14th, 1822. 

Resolved, That there be allowed and paid out of the pub- 
lic treasury, to the Secretary of the Commouwealtb? such 
71 



538 STATE PRISON YARD.— CLERKS. 

sums of money, as from time to time, shall appear to His 
Excellency the Grovernor, 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 there- 
of not to exceed one thousand dollars, and the Secretary of 
the State shall account to the Legislature for the same ; and 
His Excellency the Governor is authorized to draw his war- 
rants therefor : Provided, however, that the sum of one hun- 
dred and forty six dollars and thirteen cents and one half 
cent shall be, and hereby is appropriated to make good a 
like sum, which was drawn from the treasury, over and 
above the sum appropriated by a resolve of the twenty fourth 
of June, one thousand eight hundred and twelve establishing 
a contingent fund. 



CHAP. XXV. 

Resolve for enlarging State Prison Yard. June 14th, 1822. 

Resolved, That for the purpose of completing the work 
of enlarging the State Prison Yard, and the erection of a 
wall to enclose the same, as provided by a resolve of the 
last session of the last General Court, passed February the 
twenty fifth ; and also for reconstructing of such portion of 
the old wall as it may be necessary to rebuild, for the per- 
manent security of the prison, the further sum of eleven 
thousand four hundred and seventy seven dollars be, and 
hereby is appropriated ; and that His Excellency the Go- 
vernor, with the advice of Council, is hereby authorized 
and requested to draw his warrant on the Treasurer for the 
same, at such times, and in such portions as may be wanted. 



CHAP. XXVI. 

Resolve for paying Clerks. June 14th, 1822. 
Resolved, That there be paid out of the Treasury of this 



MESSENGER.— MILITARY STORES. 539 

Commonwealth, to the Clefk of the Senate, and the Clerk of 
the House of Representatives, and to the Assistant Clerk of 
the Senate, each the sum of six dollars for each and every 
day's attendance they have been, or may be employed in 
that capacity, during the present session of the Legislature ; 
and that there be paid to the Clerk of the House of Repre- 
sentatives, the additional sum of two dollars for each and 
every day he may be so employed, in consideration of his 
having performed the whole clerical duty of that House ; 
and that the Grovernor is requested to draw his warrant 
accordingly. 



CHAP. xxvn. 

Resolve to pay the Messenger. June 14th, 1822. 

Resolved, That there be allowed and paid out of the 
public treasury, to Jacob Kuhn, in full for his services as 
Messenger to the General Court, and for his care of the 
state house, including those services mentioned in a resolve 
passed on the nineteenth day of October, in the year of our 
Lord one thousand eight hundred and fourteen, for the year 
commencing the thirtieth day of May last, one thousand 
dollars, payable quarter yearly : And His Excellency the 
Governor, with the advice of Council, is requested to draw 
his warrant accordingly. 



CHAP. XXVIII. 

Resolve authorizing the Governor to sell or exchange cer- 
tain Military Stores. June 14th, 1822. 

Resolved, That His Excellency the Governor, with the 
advice and consent of the Council, be, and hereby is autho- 
rized and empowered, from time to time, to cause to be sold 
or exchanged, such military stores, belonging to the Quar- 



540 COMMITTEE ON ACCOUNTS. 

ter Master General's department, as may be found to be 
unserviceable or in a state of decay, or which, in the opin- 
ion of the Governor and Council, it may be for the interest 
of the Commonwealth, should be so sold or exchanged. 



CHAP. XXIX. 

Resolve to pay Committee on Accounts. June 14th, 1822. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Committee appoint- 
ed to examine and pass on accounts presented against this 
Commonwealth, for their attendance on that service during 
the present session, the sum of one dollar per day, in addi- 
tion to their pay as members of the Legislature, viz. : 

Elihu Hoyt, fifteen days, - - - Sl5 

Robert Rantoul, fourteen days, - - - 14 

Jonas Sibley, fifteen days, - - - 15 

Minot Thayer, fifteen days, - - - 15 

Charles P. Phelps, nine days, - - - 9 



CHAP. XXX. 

Resolve for carrying' into effect certain stipulations in the 
agreement of the Commissioners, appointed under the act 
for erecting the District of Maine into a separate State. 
June 15th, 1822. 

Resolved, That His Excellency the Governor be, and he 
is hereby authorized and empowered to draw his warrant on 
the treasury, for the sum of fifteen thousand, eight hundred, 
eighty eight dollars and fifty cents, in favor of such person 
as may be duly authorized by the State of Maine to receive 
the same, in pursuance of an agreement entered into by the 
Commissioners on the part of Massachusetts and Maine, 



DISTRIBUTION OF MILITARY STORES. 541 

under the act for erecting the District of Maine into a sepa- 
rate State. 

liesolved, That the Treasurer of this Commonwealth be, 
and he is hereby directed and required to deliver over to 
the said Commissioners, all the notes, bonds and securities, 
contained in certain schedules, marked B i^ C, made on 
the sixteenth day of March, eighteen hundred and twenty ; 
aud that the Agent in the Land Office be also directed to 
deliver over to said Commissioners, all notes, bonds, con- 
tracts and securities in his possession in the Land Office, as 
they stood on the thirtieth day of May, in the year of our 
Lord one thousand eight hundred and twenty two, for the 
purpose of a division of the same, according to an agreement 
by them made, on the twenty fifth day of May, in the year 
of our Lord one thousand eight hundred and twenty two, 
the said Commissioners being accountable to the Treasurer 
of the Commonwealth, for the safe return of two third parts 
in value thereof to said Treasurer, after a division of said 
notes, bonds, contracts and securities as aforesaid, shall 
have been made by said Commissioners, according to the 
tenor of their agreement. 

Resolved, That the State of Maine shall be entitled to 
have and receive all such sums of money, dues, claims and 
demands belonging to said Commonwealth, from the Trea- 
surers of the several counties now within the State of 
Maine, Justices of the Peace, Clerks of the several Courts, 
County Attornies for the several counties now in said State, 
and also from any person or persons, who have holden said, 
offices; and also all monies, dues and demands from any 
person or persons, now or heretofore Sheriffs or Gaolers of 
any county of said State, for fines, forfeitures, and bills of 
cost in criminal prosecutions ; and the said officers or per- 
sons as aforesaid, are hereby directed and required to pay 
over all such sums of money, dues, claims, and demands as 
aforesaid, to such person or persons, as may be authorized 
by the said State of Maine to receive the same, they giving 
receipts therefor. 

Resolved, That the Adjutant General of this Common- 
wealth be, and he is hereby directed and required, to deli- 
ver over to such person as may be duly authorized by the 
State of Maine, to receive the same ordnance, arms, and 
military stores, which were assigned and set out by Benja- 
min J. Porter and Silas Holman, bearing date the seven- 



542 LAND FOR GUN HOUSE. 

teenth day of May, in the year of our Lord one thousand 
eight hundred and twenty two, and ratified by the Com- 
missioners, the same day; the said agent or person thus 
authorized by said State of Maine, giving to the Adjutant 
General his receipt therefor, when so delivered. 

Mesolved, That the State of Maine and its officers, shall 
and may have and use the name and authority of the said 
Commonwealth, and the proper officers thereof, in prosecu- 
ting and collecting any of said notes and securities, contracts, 
debts, dues, claims, or demands, so divided or assigned to 
said State, but at the sole and proper risk and charge of said 
State. 

Resolved, That all of said notes and securities, as divi- 
ded, and the said monies, dues, claims, and demands, as 
assigned by the said Commissioners, to the Commonwealth 
of Massachusetts and State of Maine, respectively, shall 
be taken as they are, at the sole risk of the party who shall 
receive them, without claim or challenge on the other party. 



CHAP. XXXI. 

Resolve authorizing the Adjutant General to receive con- 
veyance of Land, June 15th, 1822. 

Resolved, That the Adjutant General and Quarter Master 
General be, and he hereby is authorized to accept of a con- 
veyance of a lot of land, situate on the west line of the five 
acre lot, in the Town of New Bedford, which the said 
town have purchased and appropriated for a public parade 
ground, according to the terms of a lease of the same, made 
to Alden Bradford, Esquire, in trust for the use of the Com- 
monwealth, so long as it shall be wanted for the purpose of 
an Artillery Gun House to stand thereon ; which lease is 
dated the eleventh day of June now current: said lot to be 
accepted in lieu and instead of another lot of land, which is 
bounded westerly by Sixth Street, in said town, and which 
the said town conveyed to the said Alden Bradford,' in trust 
for the Commonwealth, by their lease dated the seventh day 
of June, in the year of our Lord, one thousand eight hun- 



JACOB KUHN.—WARD LOCK. 543 

dred and thirteen, to be used for the purpose of a gun house, 
until the town shall provide another suitable place for the 
same, and remove the gun house, at their own expense. 

Be it further resolved, That the Adjutant General be, 
and he hereby is authorized to release to the said Town of 
New Bedford, all the right and title which the Common- 
wealth has of, in and to, the lot of land situate in Sixth 
Street aforesaid, and which was conveyed to the Common- 
wealth, by the lease last mentioned. 



CHAP. XXXU. 

* 

Resolve in favor of Jacob Kuhn, to purchase Fuel. 
June 15th, 1822. 

Resolved f That there be paid out of the public 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 ne- 
cessary, for the use of the General Court, together with the 
Governor and CounciPs Chamber, the Secretary's, Treasu- 
rer's, and Adjutant General's Office, and also for the Laud 
Office; he to be accountable for the expenditure of the same. 



CHAP. XXXIII. 

Resolve to pay Ward Lock. June 15tli, 1822. 

Resolved, That there be allowed and paid from the Trea- 
sury of this Commonwealth, to Ward Lock, Assistant Mes- 
senger to the Governor and Council, two dollars for each 
and every day he has been, or may be employed in that ca- 
pacity, during the present session of the Council. 



ROLL No. 87 MAY, 1822. 



The Committee on Accounts having examined the se- 
veral accounts they now present.. ..Report, 

That there is now due to the corporations and persons, 
hereafter mentioned, the sums set to their names respective- 
ly ; which, when allowed and paid, will be in full discharge 
of the accounts to the several dates therein mentioned: which 
is respectfully submitted. 

ELIHU HOYT, Per Order. 



Adams, for supporting Freeman Blackly, Sarah 
Hewitt, Susanna Camp, Philina Hill, Ann 
Briggs' girl, and Anny Briggs' boy, to May 
31st, 1822, ' 85 00 

Amherst, for supporting Jane Richardson and 

Polly Richardson, to April 8th, 1822, 35 40 

Brighton, for supporting John J. Baker, to June 

1st, 1822, 46 80 

Beverly, for supporting Morris Nash, Rowland 
Robinson, Dolly Claxton, John Kelly, Mary 
Watson, William Williams, and John Pollard, 
to June 1st, 1822, 120 46 

Bradford, for supporting Joshua L. Alsars, to 

June 1st, 1822, 19 42 

Bellingham, for supporting Nathaniel Freeman 

and wife, to May 26th, 1822, 93 60 



PAUPEU ACCOUNTS. 545 

Belcliertown, for supporting Pliebc Butler, Chari- 
ty Porter, Peter Stanley, Elizabeth Porter and 
child, to June 1st, 1822, 53 00 

Brewster, for supporting Nancy Caper, to May 

1st, 1822, 30 60 

Boston City, for supporting sundry State paupers, 

to April 30th, 1822, 5255 67 

Barnstable, for supporting Joseph Thompson, to 

June 8th, 1822, 18 00 

Carlisle, for supporting Robert Barber, to May 

28th, 1822, 18 90 

Chesteriield, for supporting Rachel Polly and Sa- 
rah Polly, 32 40 

Carver, for supporting Martin Grrady, to June 1st, 

1822, 46 93 

Cummington, for supporting John Sampson, to 

May 25th, 1822, 64 42 

Concord, for supporting John Troop Case, Samu- 
el Pratt, Amos Gr. Thompson, Alexander Mack- 
beth, and Joshua Marcy, to June 1st, 1822, 143 11 

Cheshire, for supporting Mary Diamond, Polly 
Cooper, Ephraim Richardson, Noel Randell, 
Betsey Granderson, Thursey Jones, and two 
children, to May 23d, 1822, 121 64 

Colrain, for supporting Lydia Cromack, Unice 
Cromack, Sally Cromack, Emmery Cromack, 
Samuel Doan, Charles O'Neal, and William 
Newhouse, to May 22d, 1822, 89 10 

Chelsea, for supporting Mary Weeks, to June 

9th, 1822, 17 10 

Charlestown, for supporting sundry State paupers, 
to June 7th, 1822, 1257 26 

Danvers, for supporting sundry paupers, to June 

11th, 1822, 411 77 

Dalton, for supporting Phebe Veets, to March 

16th, 1822, 57 05 

72 



546 PAUPER ACCOUNTS. 

Duxbury, for supporting Peter Williams and Sam- 
uel Cooper, to May 21st, 1822, 93 60 
Dartmouth, for supporting Benjamin Mills, Han- 
nah Day, Susanna Day, Mary Stillwell and 
child, Nancy Smith, Francis Freeman, and 
Ann Carter, to May 28th, 1822, 134 99 
Dedham, for supporting John Ashley and Samuel 

Sawyer, to April 9th, 1822, 9 63 

Edgartown, for supporting Emanuel Salvars, to 

May 20lh, 1822, 46 80 

Enfield, for supporting Deborah Buttei'worth, to 

May 20th, 1822, 47 10 

Framingham, for supporting Daniel Campbell, to 

May 31st, 1822, 24 00 

Granville, for supporting Simon Hoffman, Sally 
Steward, Samuel Grallup, and Mary Gallup, 
to June 4th, 1822, 77 00 

Great Barringtou, for supporting Isaac Hoose, 
Mary Hoose, Clarissa Lindsley, Lucy Foster, 
Dorcas Webster, and Jacob Kider, to May 
30th, 1822, 92 57 

Greenwich, for supporting Lot Lee, Jerusha Ri- 
der, and Penelope Hamman, to May 26th, 1822, 104 37 
Groton, error in former allowance, for supporting 

State paupers, to January 10th, 1822, 100 00 

Greenfield, for supplies to Samuel Freeman, and 

Judith Young, to January 10th, 1822, 8 01 

Gloucester, for supporting sundry paupers, to June 

9th, 1822, 394 86 

Hanson, for supporting Eliza Jack, to June 4th, 

1822, 16 20 

Hamilton, for supporting Allice Cook, to April 

6th, 1822, 47 70 

Hancock, for supporting Hannah Wisner, to May 

30th, 1822, 18 52 

Hubbardston, for supporting Abner Hibra, to May 

34th, 1822, 23 40 



PAUPER ACCOUNTS. 547 

Holliston, for supporting Stephen Jejfferson, to 

May 5th, 1822, 12 73 

Lee, for supporting Jonathan Manchester, Richard 
Sraallman, Lucy Fuller, and Toin Peters, to 
May 21st, 1822, 69 80 

Lenox, for supporting Tabitha Lewis, Mary Da- 
vis, Mary Fuller, Moses M. Graw, Maria Pal- 
mer, Thomas Dennison, and William S. Sweet, 
to May 22d, 1822, 106 71 

Longmeadow, for supporting Edmund Booth, and 

Cynthia Milross, to 9th and 20th May, 1822, 38 05 

Leyden, for supporting Arnold Clark, Tacy Ful- 
ler, Ruth Abel, Joseph Abel, and others, to 
May 5th, 1822, 54 40 

Middleborough, for supporting John Fitsgould, 
Robert Wilson, Abigail Simons, Elizabeth 
Briggs, and Elizabeth Quite, to May 1st, 1822, 68 79 

Montague, for supporting Edward Patten and wife, 

to May 21st, 1822, 36 00 

Milton, for supporting Archibald McDonald, John 
G. Myers, and James Bowman, to June 5th, 
1822, 51 30 

New Marlborough, for supporting widow Susan- 
nah Smith, to May 25th, 1822, 6 94 

Newbury, for supporting sundry State paupers, to 

June 1st, 1822, 691 22 

New Bedford, for supporting sundry State pau- 
pers, to April 1st, 1822, 386 21 

Newburyport, for supporting sundry State pau- 
pers, to June 1st, 1822, 448 80 

Northampton, for supporting Moses Hunt's wife, 
Sharicame Hunt, (her daughter,) Mrs. Bur- 
roughs, and her three children, Elizabeth 
Knapp, John Cockran, Caroline Robbins, Mi- 
chael O'Neal, John O'Brian, William Council, 
Thomas Cannon, and his wife, and Russell 
Edward, to June 1st, 1822, 136 60 



548 PAUPER ACCOUNTS. 

Pelham, for supporting William Banks, and Har- 
riet Whipple, to May 15th, 1822, ■ 46 80 

Palmer, for supporting William Mindine,. and 

Phebe Mindine, to June 4th, 1822, 36 00 

Plymouth, for supporting George W. Prince, Dan- 
iel W. Bush, Andrew S. Richardson, Sarah 
Scott, James Reed, Elizabeth Sheppard, Rachel 
Decane, and John Roop, to June 6th, 1822, 129 74 

Roxbury, for supporting Prince Loffas, Jane Lan- 
ders, Robert Clue, Frances Williams, John 
Smith, and Emanuel Swasie, 143 30 

Rowley, for supporting AUi Collins, Edward 
Els worth, Elisha Fields, and her child, to May 
27th, 1822, 28 60 

Rochester, for supporting .Oin Kelley, to May 

27th, 1822, 46 80 

Rehoboth, for supporting John Soloman, wife and 
two children, Nancy Hill, Rosanna Freeman, 
and child, Lavina Mason, Lucy Kelley, Di- 
nah Kelley, and Susanna, an Indian, to May 
31st, 1822, 170 10 

Rowe, for supporting Betsy Carpenter, to April 

3d, 1822, " 39 20 

Robinson, William, as Guardian to the Dudley 

Indians, for their support, to May 12th, 1822, 94 12 

Russell, for supporting John Newton, and his 
- wife, Sally Harrington, and Mary Stebbius, to 
May 28th, 1822, 75 60 

Stockb ridge, for supporting John Morrison, Aruba 
Morrison, Samuel Rathburn, Hannah Rath- 
burn, Margery Curtis, Mary Rice, Seely Put, 
Hannah Perkins, Sarah Hulbert, and Eli An- 
drews, to June 1st, 1822, 231 41 

Sandisfield, for supporting Richard Dickson, to 

May 28th, 1822, 46 80 

Shelburn, for supporting Mary Bates, and Eliza- 
beth Lane, to May 27th, 1822, 26 60 



PAUPER ACCOUNTS. 549 

West Springfield, for supporting Hannah Sliivay, 

to May 25th, 1822, 33 44 

Somerset, for supporting Ruth Hill, and Polly 

Hill, to May 25th, 1822, 17 10 

South Brimfield, for supporting Jonathan Hill, to 

May 29th, 1822, 15 69 

Swansey, for supporting James Garnet, to June 

1st, 1822, 63 51 

Sunderland, for supporting William Russell, to 

March 1st, 1822, 3 78 

Sheffield, for supporting William Brown and wife, 

Abijah Bonaparte Foust, a child, and Daniel 

Jackson, to June 5th, 1822, 101 30 

Sandwich, for supporting Esther Raymond, and 

Mason Raymond, to May 30th, 1822, 36 00 

Shutesbury, for supporting Peter Jackson, and 

Sarah Jackson, to May 25th, 1822, 93 60 

Salem, for supporting sundry State paupers, to 

June 2d, 1822, 1810 17 

Saugus, for supporting Joseph Clarrenbole, to 

June 4th, 1822, 16 20 

Taunton, for supporting sundry State paupers, to 

May 31st, 1822, 231 71 

Wortbiugton, for supporting Peter Staunton, to 

May 28th, 1822, , 46 80 

Westford, for supporting Ephraim Spaulding, to 

June 6th, 1822, 18 00 

Woburn, for supporting Hannah Sina, to June 

1st, 1822, 5 20 

Ware, for supporting John Upham, to June 5th, 

1822, 15 00 

Western, for supporting Daniel Mundell, and 

Harriet Trim, to May 28th, 1822, f 8 00 

Worcester, for supporting Jonas Brooks, William 

Joblin, Elijah Pease, Nathan Arnold, and John 

Francis, to June 1st, 1822, 58 29 



550 SHERIFFS' AND CORONERS' ACCOUNTS. 

Williamstown, for supporting Asahel Foot, wife, 
and two children, James Law, Rachel Galusia, 
and John G. Henderson, to May 27th, 1822, 97 85 

Whately, for supporting Capt. Benjamin Mather, 

to December 2lst, 1821, 55 14 

West Hampton, for supporting John Gray, and 
Jenny his wife, Lemuel Calver, and Mary his 
wife, and Garnel Decker, to May 22d, 1822, 90 00 

Westfield, for supporting Matthew Smith, Ste- 
phen Newbury, Theodosha Grillet, John M. 
Berry, Caleb Weller, George Gipson, and 
Hannah Gipson, 109 99 

Washington, for supporting James Robbins and 
wife, Nancy Robbins, and George, the sou of 
James Robbins, 98 60 



SHERIFFS' AND CORONERS' ACCOUNTS. 

Wellington, J., Coroner of Middlesex County, for 

taking inquisition to March 12tli, 1822, 13 10 

Hoyt, Epaphras, Sheriff of Franklin County, for 

returning votes, to May 20th, 1822, 8 00 

Hall, Joseph, Sheriff of Suffolk County, for sup- 
porting poor debtors, in goal, not chargeable to 
any town, to June 4th, 1822, 36 77 

Davis, Wendell, Sheriff of Barnstable County, 

for returning votes, to May, 1822, 4 80 

Badger, Thomas, Coroner of Suffolk County, for 

ta.king inquisitions, to June 4th, 1822, 65 44 

Bartlett, Eli, for burying a dead body, found on 

Cat Island, to June 1st, 1822, 5 00 

Kempton, Ephraim, Coroner of Bristol County, 

for taking inquisition, to March 20th, 1822, 14 26 

Gray, John, Coroner of Plymouth County, for ta- 
king inquisition, to May 27th, 1822, 16 72 



PRINTERS' ACCOUNTS, &c. 551 

Thatcher, Harrison, Coroner of County of Wash- 
ington, Maine, for taking inquisition, March 
14th, 1820, 19 45 

Wade, Thomas, Keeper of the House of Correc- 
tion in Ipswich, Essex County, for supporting 
Adelaide Huldah Hicks, John Squires, James 
Mingo, Josiah Bennington, Mary Beels, Jo- 
seph Raudell, and Abraham Mason, to June 
3d, 1822, 353 47 



PRINTERS' AND MISCELLANEOUS ACCOUNTS. 

* 

Russell & Gardner, for paper and printing, for 
the several oflBces, and for printing Laws of the 
Commonwealth, to Juae 13th, 1822, 939 33 

Clapp, W. W., for supplying the Evening Gazette 
to members of the Geueral Court, to June 13th, 
1822, 35 60 

Buckingham, J. T. for supplying the Galaxy to ', 

the members of the Valuation Committee, and 
of the General Court, to May 25th, 1822, 38 57 

Burrell & Hersey, for publishing the laws of the 
Commonwealth, in the Haverhill Gazette, to 
January 1st, 1822, 16 67 

Brigham, E., for hack hire, for the Governor and 

Council, to May 22 d, 1822, 6 00 

Bacon, Henry, Assistant Messenger to the General 

Court, twenty days, to June 15th, 1822, 40 00 

Colby, John, Junior, for the loss of a horse, 63 00 

Chase, Warren, Assistant Messenger to the Gen- 
eral Court, twenty days, to June 15th, 1822, 40 00 

Cutting, Elijah W., Assistant Messenger to the 
General Court, twenty days, to June 15th, 
1822, 40 00 

Durant, William, for repairs on the State House, 

to Juue 11th, 1822; 45 50 



552 PRINTERS' ACCOUNTS, &c. 

Richardson & Lord, for stationary, &c. for Secre- 
tary's Office, to June 4th, 1822, 74 18 

Lindsey, Benjamin, for publishing laws of the 
Commonwealth, in the New Bedford Mercury, 
to June 1st, 1822, 16 67 

Cushing, Thomas C, for publishing laws in the 

Salem Gazette, 16 67 

Allen, E. W., for publishing laws of the Com- 
monwealth, in the Newburyport Herald, and 
other printing, to August 1st, 1821, 41 83 

Russell, Benjamin, for supplying the Centinel to 
the members of the Valuation Committee, and 
sundry advertisements, to February 23d, 1822, 81 56 

Rider, Margaret, for her son's service as Page to 
the House of Representatives, to June 15th, 
1822, 16 00 

Kuhn, Jacob, for sundry materials, labor, fuel, 

and balance in full, to June 11th, 1822, 137 31 

Shepard, Thomas W., for printing laws of the 
Commonwealth, in the Hampshire Gazette, &c. 
to May 29th, 1822, 18 67 

Webster, Charles, for printing acts and resolves 

of the Commonwealth, to May 25th, 1822, 16 66 

Young & Minns, for supplying the Palladium to 
the members of the Valuation Committee, and 
sundry advertisements, to June 4th, 1822, 56 60 

Copeland, and others, Constables, for attendance 

on the General Court, to June 7th, 1822, 16 00 

Hill, Sumner, for opening South Meeting House, 

election day, to June 1st, 1822, 10 00 

True & Green, for publishing laws, &c. to Febru- 
ary 23d, 1822, and furnishing the American 
Statesman to members of the Legislature, 38 98 



MILITARY ACCOUNTS. 553 



Brigade Majors^ and Aids-de-Camp. 

Scott, John, Brigade Major, 2d Brigade, 2d Divi- 
sion, to January 1st, 1822, 56 38 

Sibley, Jonas L., Aid-de-Camp to Major Greneral 
of the 6th Division, to June 1st, 1822, 27 06 

Twining, Thomas, Brigade Major, 1st Brigade, 

7th Division, to June 4th, 1822, 16 22 



Courts Martial. 

Cobb, D. G. W., Brigade Major, 2d Brigade, 5th 
Division, for expense of a Division Court Mar- 
tial, holden at New Bedford, February 26th, 
1822, whereof Brigadier General Shephard 
Leach was President, 580 55 

Edwards, Elisha, Brigade Major, 1st Brigade, 4th ^ 
Division, for expense of a Division Court Martial, 
holden at Springfield, April 17th, 1822, whereof 
Colonel Joseph M. Forward was President, 283 25 

Sumner, William H., Adjutant General, for ex- 
pense of a General Court Martial, holden at 
Sandwich, February 13th, 1822, whereof Brig- 
adier General James Appleton was President, 1332 49 

Sumner, William H., Adjutant General, for ex- 
pense of a General Court Martial, holden at 
Concord, April 3d, 1822, whereof Brigadier 
General M. M. Rutter was President, 339 69 

Sumner, William H., Adjutant General, for expense 
of a General Court Martial, holden at Dedham, 
April 3d, 1822, whereof Major General John 
Whiting was President, 675 06 

73 



554 MILITARY ACCOUNTS. 

Expense of Hauling Artillery.' 

Harrison, John, 2d Brigade, 5th Division, to Jan- 

uary, 1822, 9 00 

Lincoln, Henry, 1st Brigade, 7th Division, to Jan- 
uary, 1822, 2 25 

May, Joseph, 1st Brigade, 1st Division, to Jan- 
uary, 1822, 10 00 

Morse, Lyman, 1st Brigade, 6th Division, to Jan- 
uary, 1822, 5 00 

Perry, Lemuel, 2d Brigade, 5th Division, to Jan- 
uary, 1822, 6 00 

Stetson, Robert, 1st Brigade, 1st Division, to Jan- 
uary, 1822, 10 00 

Shiverick, .Nathaniel, 3d Brigade, 5th Division, 

to January, 1822, 11 00 

Tucker, Joel, 1st Brigade, 4th Division, to Jan- 
uary, 1822, 11 80 



Adjutants^ Accounts. 

Adams, Gibbins, 1st Regiment, 2d Brigade, 2d 

Division, to January 30th, 1822, 13 33 

Billings, Asahel, 4th Regiment, 2d Brigade, 4th 

Division, to April 7th, 1822, 18 03 

Burnell, Baxter, Cavalry, 1st Brigade, 4th Divi- 
sion, to June 7th, 1822, 17 49 

Bosworth, Stephen, 3d Regiment, 1st Brigade, 

7th Division, to March 11th, 1822, 30 00 

Collins, Michael, 3d Regiment, 3d Brigade, 5th 

Division, to June 4th, 1822, 22 07 

Carey, Leonard, 1st Regiment, 1st Brigade^ 6th 

Division, to February 1st, 1822, 15 00 



AGGREGATE OF ROLL NO. 87 555 

Dickinson, Philo, 1st Brigade, 4th Division, to 

April 1st, 1822, 30 00 

Hutchins, Joseph, 1st Regiment, 2d Brigade, 4th 

Division, to March 19th, 1822, 12 50 

Merril, Nathaniel, Artillery, 2d Brigade, 2d Di- 
vision, to June 1st, 1822, 13 33 

Richardson, Wyman, 2d Regiment, 1st Brigade, 

3d Division, to June 1st, 1822, 17 58 

Spring, Luther, 2d Regiment, 1st Brigade, 6th 

Division, to May 21st, 1822, 17 31 

Sturdivant, 1. A., Cavalry, 2d Brigade, 5th Divi- 
sion, to June 1st, 1822, 17 50 

Tucker, Seth, Artillery, 1st Brigade, Ist Division, 

to May 7th, 1822, 4 07 

Whiting, Solon, 1st Regiment, 2d Brigade, 6th 

Division, to February 21st, 1822, 21 25 

Williams, William, (Maine) to the time of their 

separation, 13 06 

Sales, Richard, 2d Brigade, 1st Division, to June 

10th, 1822, 6 30 

Thompson, Charles, (Maine) 3d Regiment, 1st 

Brigade, 11th Division, 58 70 



Aggregate of Roll No. 87. 

Expense of State Paupers, 15,574 46 

i' of Courts Martial, 3,21104 

" of Brigade Majors and Aids, 99 66 

" of Adjutants, 327 52 

i( of Hauling Artillery, 65 05—3,703 27 

" Sheriffs and Coroners, 537 01 

" Printers and Miscellaneous, 1,805 80 

S21,620 54 



556 RESOLVE TO ROLL NO 86. s 

Unsolved, That there be allowed and paid out of the 
public treasury, to the several corporations and persons 
mentioned in this Roll, the sums set against such corpora- 
tions' and persons' names respectively, amounting in the 
whole to the sum of Twenty One Thousand, Six Hundred 
and Twenty Dollars, and Fifty Four Cents, the same being 
in full discharge of the accounts "and demands to which 
they refer. 

{Approved by the Governor, June 14th, 1822-3 



Cjoiadmonwealth oi Massaclmsetts. 



/ 

SECRETARY'S OFFICE, AUGUST 7, 1822. 

BY THIS I CERTIFY, That the Resolves, passed at the session of the Legis- 
lature, begining May the twenty ninth, and ending June fifteenth, eighteen hundred 
and twenty two, have been compared -with the originals in this office, and appear to 
be correct. 

ALDEN BRADFORD, Secretary of the Commonwealth. 



INDEX 

TO RESOLVES, PASSED AT THE SESSION BEGINNING MAY 29, 
AND ENDING JUNE 15, 1822. 



A. 

Accounts, Committee on, their pay, 540 

" Roll No. 87, 544 

Adjutant General, allowed additional Clerk, - . - . 537 

" " to receive conveyance of land, - - - 542 

B. 

Beverly, Selectmen of, petition, 5S& 

" Collector of Taxes, 532 

Bridgewater, West and North, taxes, how to be assessed, &c. - 531 

C. 

Capen, H. and E. Occucha, their petition, - . - . 536 

Clerks of General Court, their pay, 538 

Committee on Accounts, their pay, 540 

Commissioners of Massachusetts and Maine, their report, and 

division of property, &c. ---,--- 540 

Contingent Fund provided, 537 

D. 

Dalton, Town of, account for support of a pauper, - - - 529 

Dudley, Town of, taxes, 533 

E. 

Essex Agricultural Society, premium for, 525 

Faulkner, F. and A., their petition, 532 

G. 

Governor's Speech, -.-. 505 

" « Answer to, 513,519 

" Message, 522, 523, 530 



INDEX. 

Governor to sell or exchange Military Stores, - - . - 539 

Greene, Joshua, petition, 527 

H. 

Howard, D., Agent for West Bridgewater, petition, - - - 531 

J. 

Johnson, Apollos, petition, 524 

L. 

Long, Charles and Elizabeth, minors, 529 

Loring, C. G., his petition, 535 

M. 

Members of Council, and of General Court, their pay fixed, - 524 

Messenger of General Court, salary, 539 

" " " to purchase fuel, &c. - - - 543 

" Assistant of Governor and Council, _ . _ 543 

Military Stores, Governor to exchange or sell, - - - - 539 

O. 

Occucha, E. and H. Capen, their petition, ... - 536 

P. 

Parker, L. M., his petition, ------- 534 

Pierce, Washington, petition, 527 

Prison, State, gl 0,000 voted for, - 525 

« " Yard rebuilt, 538 

R. 

Reports, Massachusetts, to be purchased, 526 

Ring, Mary, petition, - 528 

S. 

Secretary to purchase Term Reports, . , - - - 526 

" to keep account of Contingent Fund, - - - 537 

Southbridge, taxes for, 533 

Stebbins, D. and wife, petition, 529 

T. 

Taylor, Tertius, petition, .-..--. 526 

Treasurer to borrow money, - - 5SS 

■ W. 

White, D. A., petition, - ' 525 



RESOLVES 



THE GENERAL COURT 



Commontoealti) ofclHla^^atlju^ett^, 



PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE FIRST DAY OP JANUARY, AND 

ENDED ON TUESDAY, THE ELEVENTH DAY OF FEBRUARY, ONE THOUSAND EIGHT 

HUNDRED AND TWENTY THREE. 



Published agreeably to a Resol ve of 16th January, 1812. 




BOSTON : 

PRINTED FOR BENJ. RUSSELL, PRINTER TO THE STATE, 



BY RUSSELL AND GARDNER. 

1823. 



RESOLVES 

OF THE 

GENERAL COURT OF MASSACHUSETTS, 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE FIRST DAY OF JANUARY, 

AND ENDED ON TUESDAY, THE ELEVENTH DAY OF FEBRUARY, ONE THOUSAND 

EIGHT HUNDRED AND TWENTY THREE. 



GOVERNOR'S MESSAGE. 



REPRESENTATIVES' CHAMBER, JANUARY 1, 1823, 

The two Houses being in Convention, the Secretary of the Common- 
wealth came down from the Council Chamber, to the Senate and 
House of Representatives, with the following Message from His 
Excellency the Governor: 

MESSAGE. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

V 

I EMBRACE the present moment to offer you my con- 
gratulations on the commencement of a new year, and on 
your reassembling to engage in the important duties of 
legislation. 

Although no form of government is so rational in it- 
self, nor so well calculated in its operations to render a 
people happy, as is that of a representative republic, yet 
74 



558 GOVERNOR'S MESSAGE. 

there is none that demands greater wisdom and integrity 
in its administration. The public interests require contin- 
ual watching; and the changes which time and the pro- 
gress of civilization and the arts gradually effect, are to 
be met aud provided for with discriminating care. That 
Massachusetts should have sustained an honorable career 
from the humble condition of an obscure colony, through 
the lapse of two centuries, and under various forms of ju- 
risprudence, to her present elevated standing, in point of 
population and wealth, of learning and the arts, is to be 
referred, under the favor of Divine Providence, to the ju- 
dicious adaptation of her laws to the multifarious wants 
and circumstances of the people. Different degrees of 
increase and prosperity, indeed, have marked different 
periods of her progress ; but, under events and aspects 
the most inauspicious, improvements have never been sta- 
tionary. An invincible progression in numbers, and in 
moral and political strength, has never ceased to encour- 
age her hopes and indicate her course. Recently, how- 
ever, under the present order of things, a freer scope has 
been afforded for developing her moral and physical 
faculties. 

A short time only had elapsed after the first founders 
of Massachusetts had begun their settlements, before po- 
litical and commercial jealousies on the part of the British 
government became apparent ; and at every period of her 
colonial existence, her interests were sacrificed to the ava- 
ricious and domineering spirit of her parent country. But 
a course of conduct thus selfish and oppressive, though 
desigqed to impede the growth of the colony, and to 
insure its dependence on, and subservience to Great 
Britain, ultimately defeated its own purposes. Subjected, 
as the colonists were, to the unbending rigor of the colo- 
nial system, a limited commerce only was allowed them ; 
and even the stinted share of traffic they were permitted 
to prosecute, was encumbered with regulations far less 



GOVERNOR'S MESSAGE. 559 

calculated to remind them of their filial relation, than of 
their inferiority and suhjection. Incentives to extensive 
enterprize were thus denied to her merchants ; and the 
accumulation of capital, which a liberal commerce only 
can effect, was rendered impracticable. But while made 
to feel the weight of power, and to submit to the humilia- 
tion of colonial restrictions, they were led by a very na- 
tural train of thought, not merely to investigate the 
nature of magna charta and the constitution of England, 
but the broad principles of all legitimate governments, 
founded on the natural rights of men ; and ultimately to 
form an estimate of the value of self control. In the mean 
time, habits of industry and economy were formed, and 
the skilful management of their circumscribed interests 
was acquired ; and thus the colonists became fitted for 
acting their part well as subjects, and to sustain with 
honor the separation that awaited them. 

But the acquisition of independence failed to fulfil the 
public anticipations. The States, by mighty and united 
efforts, had become independent and free. Peace soon 
disclosed truths which had hitherto been but partially 
believed, that the boasted union of the States under the 
confederation, had resulted from the pressure of common 
danger, and that something was yet wanting to complete 
the revolution, and ensure the general welfare. The 
vital defect, nevertheless, was long felt and deplored, be- 
fore the national will ordained a remedy. The beneficial 
effects, produced almost instantaneously by the opera- 
tions of the national government, were wonderful and 
incalculable. The sudden restoration of public and pri- 
vate credit, the animation given to enterprize and indus- 
try, in the various branches of political economy, and the 
general amelioration in the condition of the people, which, 
I presume, are in the recollection of most of you, were 
occurrences which transcended the hopes of the most san- 
guine. Massachusetts shared largely for a while in these 



560 GOVERNOR'S MESSAGE. 

results. But the regular order of peaceful commerce, was 
destined to derangement. A long series of astonishing 
phenomena ensued, involving the destruction of govern- 
ments, the extiuction of nations, and a change in the habits 
and occupations of a large proportion of the human family 
in the civilized world. The citizens of this State, obser-' 
vant of the character of the times, and yielding to the 
allurements of emolument attached to the neutral flag, 
availed themselves freely of their neutral rights. The 
preternatural excitement however, effected in one branch 
of enterprize, left others to languish ; and commerce, after 
suffering unexampled vexations from the belligerents, was 
driven from its ordinary channels in times of peace, and, 
eluding the sober calculations of the experienced mer- 
chant, became the subject and the victim of chicane and 
speculation. 

But notwithstanding an incalculable accumulation of 
wealth under the American flag whilst its neutral charac- 
ter was maintained, it was not until since the late war, 
that terminated with so much glory to our nation, that 
the individual States have been permitted freely to ex- 
plore and cultivate their respective resources. And it is 
worthy of remark, that although more than seven years 
of peace have elapsed, yet time scarcely sufficient has 
been allowed to surmount the embarrassments necessari- 
ly arising from an abrupt transition from a state of war to 
a state of peace, and from a spirit of deep speculation and 
adventure, which had been generated by the peculiar 
circumstances of the times. From causes to which it is 
needless now to advert, Massachusetts has felt less se- 
verely, or with greater facility recovered from those em- 
barrassments, than some of her sister States, although her 
maritime position and vocations expose her to the deepest 
suffering on the occurrence of foreign war. 

Erom every just consideration, therefore, she ought to 
cherish a love of peace ; it being a condition most con- 



GOVERNOR'S MESSAGE. 561 

genial to her moral feelings, and most favorable for the 
cultivation of her means of enjoyment and greatness. 
The fisheries, one of her great sources of subsistence and 
emolument, must, in a time of war, be annihilated ; al- 
though in a time of peace, they give lucrative employment 
to thousands of the hardiest of men, and constitute the 
greatest and most permanent nursery of seamen for our 
gallant navy, which is the pride of the United States, and 
the support of their commerce and honor abroad. 

The martial energies of our country have never been 
questioned ; and her ability to sustain the arts of peace, 
is now fully demonstrated. To you. Gentlemen, as re- 
presenting the feelings of the people, the appeal may be 
safely made as to the result of the experiment in this 
Commonwealth. The enemies of the revolution repre- 
sented us as possessing, neither the intellectual, nor the 
moral, nor the physical elements, for constituting and 
supporting an independent government. But what are 
the facts? Our naval and military triumphs, our com- 
merce, which, under the fostering care of a paternal gov- 
ernment, has spread over the world, and is now gladdening 
the human heart in every clime ; and above all, the con- 
tentment, the good order and social happiness, enjoyed 
by more than ten millions of free citizens, give the answer. 

Among the public evidences of the success that has 
attended the exertions of the people of this State in inter- 
nal improvements, and which are sure pledges of continu- 
ed prosperity, we may refer to the general aspect of the 
country, as connected with agriculture and rural economy, 
to the number and admirable structure of our bridges, to 
the goodness of the roads in every part of the State, and 
to the various and expensive canals and locks on the 
Connecticut and Merrimack Rivers, and more especially 
the Middlesex Canal, that unites the latter with the 
waters of Boston Harbour. If it were necessary to adduce 
further proofs of the successful enterprize and industry of 



562 GOVERNOR'S MESSAGE. 

the citizens of this community, we might also refer to 
their navigation and tonnage, which are now presumed 
to be exceeded in amount by only one State. And it is 
apprehended that we should not deviate materially from 
the reality, in assuming, that, with a population equal to 
about one twentieth part of the population of the United 
States, Massachusetts contributed, in the year just ended, 
nearly one fourth part of the whole amount of revenue, 
derived from commerce, to the national treasury. While 
these considerations serve to evince the importance of the 
commerce of this State to the Union, it should induce us 
to appreciate our resources, and by every possible eflfort to 
augment their value. 

W hile the distinguishing results now noticed are pri- 
marily derived from the fisheries, and from other natural 
advantages peculiar to our local situation, it is cheerfully 
conceded that those advantages are called into more ef- 
fective operation by the powerful energy of the United 
States' code of commercial law. The coincidence of the 
means of raising revenue, and of giving an impulse to na- 
tional industry, is happily illustrated in the existing tariflP. 
If our national commerce be extensive, if the products of 
our agriculture are furnished with a ready market, and if 
our manufactures are multiplying and improving with a 
rapidity hitherto unknown, we can scarcely too highly 
appreciate the wise policy of the national government: 
unless the authority of facts and experience be discarded, 
we cannot hesitate to acknowledge its soundness and effi- 
ciency. And although the existing laws respecting com- 
mercial revenue may be, and unquestionably are, sus- 
ceptible of a more perfect adaptation to the manufacturing 
interest, and might be made, in point of revenue, more 
productive, yet the strongest conviction rests on my mind, 
^^ that the interest of every part of the Union requires that 
this subject should be touched with the greatest caution," 
and not without a clear foresight "of the effects to be 
produced by the slightest change.'^ 



GOVERNOR'S MESSAGE. 563 

The facilities for sustaining extensive manufactures 
are scarcely less distinguishing for this community, than 
are our advantages for commerce. Facts are fully illus- 
trative of this truth. By recurring to the laws of the 
Commonwealth, it is found, that one hundred and forty 
nine acts have, at different times, passed the Legislature, 
and are now extant, for incorporating manufacturing 
companies, with- an aggregate capital amounting to more 
than sixteen millions of dollars ; and it is presumed to be 
within your knowledge that nearly all these establish- 
ments are now in successful operation. In reviewing the 
diversified concerns of the people of the Commonwealth, 
1 feel entire confidence that your deliberations will result 
in measures calculated to promote their best interests. 

By the provisions of an act, passed the sixteenth day 
of February last, entitled " an act to establish the Glou- 
cester Canal Corporation," the Governor, with the advice 
of the Council, was empowered, under circumstances 
therein named, to authorize the Treasurer of the Com- 
monwealth to subscribe for a number of shares in the 
capital stock of said corporation. In pursuance of which, 
after due examination, authority has been given to the 
Ti*easurer to subscribe for thirty shares in said stock, in 
the name of the Commonwealth, and to pay the assess- 
ments made thereon according to law. Cutting a can^^l 
as proposed by the corporation, promises to be of great 
advantage to the coasting trade of the Commonwealth, 
and the safety of its citizens who are engaged in prose- 
cuting the same. A report of the Committee of Council 
on this subject will be herewith laid before you. 

In conformity to the several resolutions of the twenty 
fifth of February and the fourteenth of June last, for en- 
larging the yard of the State Prison, and for erecting a new 
wall, the work was commenced as early in the season as 
practicable, and prosecuted with assiduity, until, from the 
approach of the cold, it was deemed for the interest of the 
75 



564 GOVERNOR'S MESSAGE. 

Coranionvvealtli that the work should bo discontinued. 
The State Prison still has claims to the attention of the 
Legislature ; and I flatter myself that the additional light 
which experience is daily throwing on the subject of peni- 
tentiaries and penitentiary discipline, will enable you to 
adopt such improvements in both as shall secure the 
safety of the Prison, and give better promise of reforma- 
tion in the convicts. In the course of the last year, dis- 
orders similar (o those which were perpetrated in the 
year one thousand eight hundred and twenty one, have 
occurred, with the additional enormity of setting on fire 
several workshops; in suppressing which, one of the con- 
victs (a leader in the insurrection) lost his life. 

By recent accounts from Europe, and some of the 
prisons in the neighbouring States, a machine, denomi- 
nated ^^ the tread or stepping mill," has been introduced 
into some of the penitentiaries, as a mode of employing 
convicts. How far this new description of punishment 
may have answered the expectations of those who have 
had recourse to it, I have not been sufficiently informed 
to assert. It is favorably spoken of; and on a subject that 
has hitherto disappointed, in some measure, at least, the 
hopes of the humane every where, every hint indicating 
improvement seems to merit consideration. Referring 
you, gentlemen, to that part of my communication to the 
Legislature on the. tenth of January last, relating to the 
State Prison, I recommend the subject at large to your 
consideration. 

Since the last session, I have received from the Gov- 
ernor of South Carolina, sundry resolutions of the Legisla- 
ture of that State, on the subject of an amendment to the 
constitution of the United States, proposed by the Legisla- 
ture of the State of Pennsylvania, for limiting the power 
of Congress to incorporate a bank or other monied insti- 
tution in the District of Columbia. 

1 have likewise received from the Governor of North 



GOVERNOirS JMESSAGE. 565 

Carolina, several resolutions of the Legislature of that State, 
relating to the resolutions of the Legislature of the State of 
Maryland, proposing an appropriation of public lands for 
the purposes of education. These communications, to- 
gether with the documents before mentioned, will be laid 
before you by the Secretary. 

In concliffeion, I should feel myself wanting in respect 
to you, gentlemen, and to my fellow citizens generally, 
were 1 to omit expressing, on this occasion, the heartfelt 
satisfaction that has been derived to me from the reitera- 
ted expression of their confidence. To one who had 
devoted the first moments of manhood to the service of 
his country and the cause of freedom, such tokens of re- 
membrance and regard, are peculiarly grateful ; and they 
have been more precious to me, not only as they indicated 
a generous approbation of humble efforts to be useful, but 
have sanctioned the immortal principles which originated 
and perfected the revolution. But conscious that the claims 
of nature to exemption from the care and anxieties of offi- 
cial responsibility cannot be resisted with impunity, I 
deem it an imperative duty to announce my determination 
lo decline being considered a candidate for re-election to 
the office of chief magistrate; devoutly imploring the bene- 
diction of Almighty God on all the interests of the Com- 
monwealth, and tendering to you, fellow citizens, my sin- 
cere wishes for your personal happiness. \ 

JOHN BROOKS. 

Council Chamber, January 1, 1823. 



566 GOVERNOU^'S MESSAGE.— Z. MOREY. 



CHAP. XXXIV. 

Gentlemen of the Senate, and 

Gentlemen of the House of liejpresentatives : 

The Commissioners under the act of June nineteenth, one 
thousand eight hundred and nineteen, for separating the 
District of Maine, in prosecuting the duties assigned them, 
have caused the requisite surveys of certain tracts of land 
to be made, to enable them to make a division of the same; 
and having made a division, the Commissioners set oflF, by 
metes and bounds, so much of the land falling to the share 
of the Commonwealth by the division, as in their estima- 
tion is of the value of thirty thousand dollars. 

It hence results that the option is now presented to the 
Legislature, contained in the fifth article of the first section 
of the act above mentioned. 

The report of the Commissioners, and snndry documents 
which accompany it, exhibit the course pursued by the 
Commissioners, and the process by which they arrived at 
their final result, in dividing the lands surveyed, either un- 
der their direction, or by the authority of the Common- 
wealth heretofore, and in setting off to the State of Maine, 
from the moiety falling to Massachusetts, so much land as 
in their estimation amounted to the sum above mentioned. 
The several documents appertaining to the report, and 
which constitute a part of the same, will be laid before you 
by the Secretary. 

JOHN BROOKS. 

Council Chamber, January 6th, 1823. 



CHAP. XXXV. 

Hesolve on the petition of Zilpha Morey. 
January 8th, 1823. 

On the petition of Zilpha Morey, of Tyringham, in the 
County of fierkshire^ Administratrix on the estate of Jesse 



JOSEPH STANTON. 567 

Morey, late of said Tyringham, deceased, praying to be au- 
thorized to convey, by deed, to Roger Moore, of said Tyr- 
ingham, a certain tract of land, situate in said Tyringham, 
containing about four acres, pursuant to an agreement made 
by said Jesse Morey, in his lifetime, to said Moore: 

Resolved, For reasons set forth in said petition, that the 
said Zilpha Morey be, and she is hereby fully authorized 
and empowered to convey, by deed, to said Roger Moore, 
his heirs and assigns, the aforesaid land ; which deed, when 
duly executed by said Zilpha, shall be as valid and effectu- 
al, to all intents and purposes, as if the said Jesse Morey 
had conveyed the same in his lifetime. 



CHAP. XXXVI. 

Resolve on the petition of Joseph Stanton. 
January 14th, 1823. 

On the petition of Joseph Stanton, Guardian of Betsey 
Herrick, Aaron Uerrick, Henry Herrick, and Eunice Her- 
rick, minor children and heirs at law of Moses Herrick, 
late of Norwich, in the County of Hampshire, deceased, re- 
presenting that one Jonathan Herrick, by his deed, bearing 
date the twenty fifth day of September, one thousand eight 
hundred and seventeen, conveyed to the said Moses Her- 
rick, and one Thomas Herrick, certain lands, lying a part 
thereof, in said Norwich, a part in Montgomery, in the 
County of Hampden, and the residue in Becket, in the 
County of Berkshire, and praying that he may be empower- 
ed to convey to the said Jonathan Herrick, a part of said 
lands, whereof the said Moses Herrick died sole seized : 

Resolved, For reasons set forth in said petition, that the 
said Joseph Stanton be, and he is hereby authorized and 
empowered to convey to the said Jonathan Herrick, his 
heirs and assigns, by a good and sufficient deed of convey- 
ance, the right and interest of said minor children in the 
lands so conv^ed to the said Moses Herrick and Thomas 
Herrick, by the said Jonathan Herrick, by his deed before 
mentioned, and whereof the said Moses Herrick died sole 



V 

568 GOVERNOR'S MESSAGE. 

seized as aforesaid, upon condition that the said Jonathan 
Herrick acquit and discharge the estate of the said Moses 
Herrick, of and from all claims he now has,, or may have, 
upon the same, or upon the said Thomas Herrick, by virtue 
of any covenant or covenants of the said Moses Herrick and 
Thomas Herrick, or either of them, to reconvey said lands, 
or to account to the said Jonathan Herrick therefor. 



CHAP. XXXVII. 

Gentlemen of the Senate^ and 

Gentlemen of the House of Representatives : 

The annual return of the militia, and a return of the ord- 
nance, and ordnance and military stores now in the arsenals 
of the Commonwealth, together with a report made by the 
Adjutant General, accompanying these returns, on the sub- 
ject of the militia generally, will be laid before you by the 
Secretary. The report will shew the amount of sales of 
sundry articles of stores disposed of under the authority of 
the Executive, by virtue of the resolution passed on the four- 
teenth day of June last. It has not been deemed for the 
public interest that a sale of the remainder of the articles 
which are considered useless, should be forced, from an ap- 
prehension that many of them may shortly be in demand in 
commerce, and the avails of their sale may be greater than 
at the present moment could be realized. 

At the last session, 1 stated to the two Houses that all the 
military stores contemplated by the act for the separation of 
Maine, had been divided between the Commonwealth and 
that State, by the Commissioners acting under the authority 
and agreeably to the provisions of that act. I have now to 
state, for the information of the Legislature, that the divi- 
dend allotted to Maine, has been delivered to an Agent of 
the Executive of that State, duly authorized to receive the 
same. 

By the act passed on the twenty first of February last, 
the Governor was required to prescribe the uniform for the 
militia of the Commonwealth, except that portion thereof 



David greenough. 569 

whose uniforms are regulated by the laws of the United 
States. 

Perceiving, on a full examination of the act, that no com- 
pulsory means were provided for giving complete efficacy to 
its provisions, 1 hesitated in complying with that enactment 
relating to uniforms. 

But finding that the militia, from every section of the 
Commonwealth, were expecting and importuning a fij;Jfil- 
ment of the intentions of the Legislature, 1 proceeded to 
make arrangements for establishing an uniform for the 
whole of the militia. In doing which the strictest regard 
was paid to neatness, simplicity and economy, and to the 
introduction of such distinctive modes and badges, as should 
designate different grades of officers, and the several des- 
criptions of troops. To render the whole as little expensive 
as possible, you will perceive by the order of the twenty 
second of August last, containing the arrangement, a copy 
of which will be herewith laid before you, that many of its 
provisions «are prospective, and that perfect uniformity in 
some of the corps may possibly not be effected under five 
years from the first Tuesday of May next. It would be un- 
necessary for me, gentlemen, to add, that some legislative 
sanction is requisite to give entire efficacy to these regula- 
tions. 

JOHN BROOKS. 

Council Chamber, January 14th, 1823. 



CHAP. XXXVIIl. 

Resolve on the petition of David Greenough. 
January 15th, 1823. 

Whereas by a resolve of the thirty first of January, 
eighteen hundred and twenty two, the Warden and Direc- 
tors of the State Prison were authorized to settle with the 
said David Greenough, a debtor to the said prison, on cer- 
tain conditions, and the said Greenough having by his peti- 
tion requested a further time to fulfil the same : 

liesolvedf That the Warden and Directors of the State 



570 JUSTICES OF COURT OF SESSIONS. 

Prison be, and they are hereby authorized, at any time 
within two years from the passing of this resolve, to receive 
the sum of two thousand dollars, and the interest which 
may accrue thereon, from the first of July, eighteen hun- 
dred and twenty twO;, in full discharge of the said demand. 



CHAP. XXXIX. 

Resolve on the petition of the Justices of the Court of Ses- 
sions in Worcester County. January 17th, 1823. 

On the petition of the Justices of the Court of Sessions in 
the County of Worcester, representing, that, under an order 
of the late Circuit Court of Common Pleas for said county, 
Samuel Allen, Esquire, Treasurer of said county, has paid 
to the Keeper of the House of Correction in Worcester, for 
the support of state convicts confined therein, the sum of 
two hundred and seventy two dollars and four cents, and 
praying that the same may be reimbursed to the said coun- 
ty by the Commonwealth : 

Resolved^ That there be allowed to the County of Wor- 
cester, the said sum of two hundred and seventy two dol- 
lars and four cents, and that His Excellency the Oovernor 
be, and he is hereby empowered and requested to draw his 
warrant on the Treasurer of the Commonwealth, in favor 
of the said Samuel Allen, for the said sum ; the said Allen 
to be held accountable to the said County of Worcester 
therefor. 



CHAP. XL. 

Representation from George W. Coffin, relative to Eastern 
Lands. January 17 th, 1823. 

The Committee of both Houses that were appointed to ex- 
amine the accounts of George W. Coffin, Esquire, Agent of 



AMENDMENTS TO CONSTITUTION U. S. 571 

the Land Office, have examined his account of proceedings 
from June, eighteen hundred and twenty, to the present 
time; wherein he has received, in securities and money, the 
sum of five thousand and sixty two dollars and four cents, 
and has paid the Treasurer, in securities and money, to- 
gether with payments fur postage, and other charges, inclu- 
ding the amount due said Agent for services, the sum of five 
thousand and sixty five dollars and forty three cents; and 
there appears to he a halance due to said Agent, of three 
dollars and thirty nine cents, all of which appears to be 
rightly cast and well vouched. 

JONATHAN DWIGHT, Per Order. 

Therefore resolved, That said Agent be, and he hereby 
is discharged from the sum of five thousand and sixty two 
dollars and four cents, which has been received as above 
mentioned; and said Agent is hereby authorized to carry 
the balance due him, of three dollars and thirty nine cents, 
to a new account. 



CHAP. XLI. 

Resolve respecting a proposed Amendment to the Constitu- 
tion of the United States. January 17th, 1823. 

The Committee of both Houses, to whom was referred so 
much of the message of His Excellency the Grovernor, as 
relates to a proposed amendment to the constitution, limit- 
ing the power of Congress to incorporate a bank, or other 
monied institution, to the District of Columbia, proposed by 
the Legislature of the State of Pennsylvania, with the deci- 
sion of the Legislature of the State of South Carolina there- 
on, having, according to order, had the same under consid- 
eration, thereupon ask leave to report: 

It appears that the proposed amendment has been already 
acted upon, and decided by the Legislature of this Com- 
monwealth, upon the original proposition of the State of 
Pennsylvania, by a resolution, passed twenty first of Janu- 
arv, eighteen hundred and twenty, by which the Legisla* 
76 



572 AMENDMENTS TO CONSTITUTION U. 8. 

ture expressed their non-concurrence in the proposed amend- 
ment. Your Committee are of opinion, that the Legislature, 
having once acted definitively on the proposed amendment, 
have no further power on tiie subject, unless upon a new 
and original proposition, submitted to them by some other 
State, or brought forward in this Legislature. It becomes, 
therefore, unnecessary, at present, to express any opinion 
upon the merits and principles of the proposed amendment; 
although, were the question an open and original one, the 
Committee would have no hesitation in expressing their en- 
tire concurrence in the decision heretofore made. 

Perceiving by a reference to the above cited resolve, that 
no order was passed providing for communicating the deci- 
sion of the Legislature of this Commonwealth on the propo- 
sed amendment, to the other Slates, and to Congress, and 
believing that such communication is proper and necessary 
for tlieir information and government, respectively, the 
Committee recommend the adoption of the following reso- 
lution. 

L. SHAW, for the Committee, 

Whereas the Legislature of this Commonwealth, by a re- 
solution passed on the thirty first of January, A. D. eighteen 
hundred and twenty, having considered the amendment to 
the constitution of the United States, proposed by the Le- 
gislature of the State of Pennsylvania, in the words follow- 
ing, to wit: — ^'Congress shall make no law to erect or 
incorporate any bank or other monied institution, except 
within the District of Columbia ; and every bank, or other 
monied institution, which shall be established by the au- 
thority of Congress, shall, together with its branches and 
offices of discount and deposit, be confined to the District of 
Columbia:'' and thereupon having, decided not to concur in 
the said proposed amendment. 

Resolved, That His Excellency the Governor be request- 
ed to transmit a copy of this resolution to the Executives 
of the several States of the Union, with a request, that the 
same may be communicated to the Legislatures thereof; 
also to the President of the United States, with a like re- 
quest that the same be communicated to Congress, for their 
information, respectively. 



JONATHAN WILD, JUN. 573 



CHAP, XLIl. 

Jlesolve on the petition of Jonathan Wild, Junior. 
January 22d, 1823. 

On the petition of Jonathan Wild, Junior, praying that 
he may be authorized to sell certain real estate of Eli Hay- 
ward, a person non compos mentis, situate in Braintree, in 
the County of Norfolk: 

liesolved^ For reasons set forth in said petition, that the 
said Jonathan Wild, Junior, the legal Guardian of said Eli 
Hayward, be, and he is hereby authorized and empowered 
to sell at public sale, the real estate mentioned in said peti- 
tion, the same being a tract of pasture land, in said Brain- 
tree, of about four acres; and to make, execute and deliver 
to the purchaser, or purchasers thereof, a good and sufficient 
deed of the same, in fee simple: Provided, that the said 
Jonathan Wild shall give public notice of such sale, by 
posting up advertisements at two public places in said town, 
fourteen days at least previous to such public sale ; and that 
the said Jonathan shall first give bond, with sufficient sure- 
ties, to the Judge of Probate for the County of Norfolk, con- 
ditioned, that, within three months from the time of the sale 
of such estate, he will file in the office of said Judge of Pro- 
bate, a true account of said sale, and that he will account to 
the said Judge of Probate for the proceeds thereof and in- 
terest, whenever thereto legally required. 



CHAP. XLIIL 

Resolve respecting the Second Precinct in Boylston^ Ster- 
ling and Uolden. January 22d, 1823. 

On the petition of Robert B. Thomas and others, in be- 
half of the Second Precinct in Boylston, Sterling and 
Holden, setting forth, that for several years after the incor- 
poration of the Town of West Boylston, no meetings of the 
members of said precinct or parish have been held, distinct 



574 GOVERNOH'S MESSAGE. 

from meetings of the inhabitants of said town, and praying 
that authority may be given for calling a regular and legal 
meeting of the inhabitants and members of said parish or 
precinct: 

Resolved, That any Justice of the Peace for the County 
of Worcester, on the application of ten or more of the mem- 
bers of said precinct or parish, being the Second Precinct 
in Boylston, Sterling and Holden, which was incorporated 
by an act passed on the fourteenth day of June, in the year 
of our Lord one thousand seven hundred and ninety six, to 
be made within one year from this date, be, and lie hereby 
is authorized to call a meeting of the memoers of said pre- 
cinct, for the purpose of choosing oificers, and transacting 
such other business as may regularly come before them; 
and for this purpose such Justice is authorized to issue his 
warrant, directed to any one of such applicants, requiring 
him to summon and warn a meeting of the members of said 
precinct, at such time and place as shall be therein speci- 
fied. 



CHAP. XLIV. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives : 

In compliance with the request of the Senate, of the 
twenty first instant, I would observe, that on examining the 
records of Council, 1 find, that by virtue of the authority 
derived from the act of February twenty sixth, eighteen 
hundred and fourteen, in addition to an act, entitled an act, 
in addition to an act, granting a lottery for the purpose of 
completing the locks and canals at Amoskeag Falls, in the 
State of New Hampshire, three Managers were appointed 
and empowered by the provisions of the said act, to sell 
and draw six classes of said lottery, to be appropriated 
agreeably to the provisions of the second section of this act. 
But it appears that the drawing of the said classes has not 
been completed, and that one of them is now before the 
public, and in a course of drawing. 



ROBERT CROSBY.— LUCINDA POOL. 575 

A report from the Secretary of the Commonwealth, ac- 
companied by a letter from the Chairman of the Managers, 
contains all the information I at present possess on the sub- 
ject of the Senate's inquiries. 

JOHN BROOKS. 

Council Chamber, January 25th, 1823. 



CHAP. XLV. 

Resolve on the jt^tition of R. Crosby. 
January 28th, 1823. 

The Committee of both Houses on Eastern Lands, to 
'whom was committed the petition of Robert Crosby and Jo- 
seph Kinsman, praying that some person or persons may be 
authorized to convey to them four thousand acres of land, 
in conformity to a contract made by Samuel Reddington 
and Moses Greenleaf, the Agents of the Commonwealth, 
with Ichabod Thomas, and by said Thomas assigned to 
said petitioners, have had the same under consideration, and 
ask leave to report the following resolve : 

Resolved, For reasons set forth in said petition, that the 
petition and papers accompanying the same, be referred to 
the Commissioners appointed under the act of separation of 
Maine from Massachusetts proper, to act upon and decide 
in such manner as to them may appear to be just and equi- 
table. 



CHAP. XLVL 

Resolve on the petition of Lucinda Pool. 
January 28th, 1823. 

On the petition of Lucinda Pool, of Wellington, in the 
County of Bristol, spinster, setting forth that James C. 
Holt; late of said WelUn|;ton, raariuer, died a short time 



576 EASTERN LANDS. 

since, possessed of a small personal estate, and without any 
heir, and praying* for tlie reasons therein stated, that the 
right of the Commonwealth to such personal estate may he 
granted and released to her: 

Hesolvedj That all the right, title and interest of the 
Commonwealth in and to the personal property left by the 
said James C. Holt, be, and the same is hereby assigned, 
granted and released to the said Lucinda Pool; and the 
Administrator of the estate of said Holt is hereby author- 
ized to account with, and pay over to said Lucinda Pool, 
the balance of said personal property in his hands, in the 
same manner as he would have been authorized to pay the 
same to this Commonwealth, had this resolve not passed: 
Provided, that the amount of such personal property shall 
not exceed the sum of three hundred dollars; and provided 
further, that this resolve shall not affect or impair the right 
or claim of any person to the said property, or any part 
thereof, other than that of the Commonwealth. 



CHAP. XLVII. 

Report and Resolve of the Committee of loth Houses on 
Eastern Lands. January 30th, 1823. 

The Standing Committee of both Houses on Eastern 
Lands, to whom was referred the message of His Excellen- 
cy the Grovernor, accompanying the report of the Commis- 
sioners appointed under the act for separating the District 
of Maine from Massachusetts proper, have had the same 
under consideration: And whereas it appears by said re- 
port, that said Commissioners have made a division of a 
certain portion of the lands in the State of Maine; and in 
conformity to the fifth article of the lirst section of the act of 
separation, have set off, by metes and bounds, so much of 
said land as has fallen to the share of this Commonwealth, 
in the division, as in their estimation is of the value of thir- 
ty thousand dollars : And whereas by said fifth article and 
first section of said act, it is provided that this Common- 
wealth shall assign the same to the State of Maine, or in 
lieu thereof, may pay the sura of thirty thousand dollars at 



EASTERN LANDS. 577 

its election, which election of the said Commonwealth shall 
be made within one year from the time that notice of the 
doings of the Commissioners on this subject, shall be made 
known to the Governor and Council ; and if not made with- 
in that time, the election shall be with the State of Maine. 
The Committee therefore ask. leave to report the following 
resolves: Which are respectfully submitted. 

JONATHAN D WIGHT, Per Order. 

Resolved, That the doings of the said Commissioners be, 
and they are hereby approved and confirmed, and that the 
documents and other papers in relation thereto, be placed 
on file in the Land Office. 

lie it further resolved, That the Treasurer of the Com- 
monwealth, for the time being, together with George W. 
Coffin, Esquire be, and they are hereby appointed as Agents, 
with power and authority to cause to be sold, at public auc- 
tion, in the City of Boston, and convey, by good and suffi- 
cient deeds, so much of said land set oflT as aforesaid, as 
will raise the sum of thirty thousand dollars, after deduct- 
ing all expenses : Provided, however, that no part of said 
land shall be sold unless the whole of said sum is raised in 
money, or good securities, payable in annual instalments, at 
the Treasury Office of this Commonwealth, with interest an- 
nually; and said Agents are hereby directed to give notice, 
in the public newspapers, of the time and place of said sale, 
allowing sufficient time for distant purchasers to attend said 
sale, and make report of their doings at the first session of 
the next General Court. 

Be it further resolved, That said Agents be, and they are 
hereby authorized to sell, at public sale, at such time or 
times, place or places, as they may designate in the adver- 
tisements published by them in the public newspapers 
aforesaid, all the residue of the said lands so set off as 
aforesaid, after raising the above sum of thirty thousand 
dollars, and also all the lands, reserved lots, and islands, 
which have fallen to the share of this Commonwealth in 
the division aforesaid, with authority to make and execute 
good and sufficient deeds thereof, for such consideration as 
they may be able to obtain, and complete the sale of the 
same, if practicable, before the close of the present year. 

Be it further resolved. That the said Agents be, and they 
are hereby directed to give notice to all persons who have 



578 LYUIA ROWELL. 

unsettled contracts for the purchase of any of th& public 
lands that have fallen to the share of this Commonwealth, 
that unless they pay the balances due thereon, before the 
first day of July next, said contracts shall then be declared 
null and void, and free for sale to any other person or 
persons. 

Jlnd be it further resolved, That said Agents be, and they 
are hereby authorized, in connexion witii such Agent as 
may be appointed by the State of Maine, to sell and con- 
vey a small tract or parcel of public land in the Town of 
Portland, with the buildings thereon, upon such terms and 
conditions as said Agents may judge reasonable. 



CHAP. XL VIII. 

Resolve on the petition of Lydia Howell. 
January 30th, 1823. 

On the petition of Lydia Rowell, of Salisbury, in the 
County of Essex, legal Guardian of Moses Rowell, a mi- 
nor, praying that she may be empowered to sell, at public 
or private sale, the undivided share of the said Moses in 
certain real estate in said Salisbury, consisting of a mill 
site, and heretofore occupied as a forge, the said Moses de- 
riving his title to said estate partly by descent, and partly 
by purchase: 

Resolved, For reasons set forth in said petition, that the 
said Lydia Rowell be, and she is hereby authorized and 
empowered to sell at public or private sale, the share and 
interest of the said Moses Rowell in said real estate, and 
make and execute a good and sufficient deed thereof to the 
purchaser or purchasers of the same, in fee simple: Provi- 
ded, that the said Lydia first give bond, with sufficient sure- 
ties, to the Judge of Probate for the County of Essex, con- 
ditioned, that within three months from the time of the sale 
of said estate, she will file in the office of the said Judge of 
Probate, a true account of said sale, and that she will ac- 
count with the said Moses for the proceeds thereof and in- 
terest, whenever thereto legally required. 



SELECTMEN OF DUDLEY. 579 



CHAP. XLIX. 

Resolve on the petition of the Selectmen of Dudley, 
February 4th, 1823. 

Whereas the Commissioners of this Commonwealth, with 
Commissioners on the part of the State of Connecticut, dur- 
ing the last year, perambulated and run the boundary line 
between the two States, the final establishment and settle- 
ment of which was not agreed to by the Commissioners on 
the part of the State of Connecticut ; and whereas it appears 
that there are several persons, with their estates, which, by 
the runnins: of said line are within this Commonwealth, over 
whom the State of Connecticut attempts to exercise jurisdic- 
tion : 

Therefore resolved, That this Commonwealth will pro-^ 
tect the persons and property aforesaid, in the free enjoy- 
ment of their rights, privileges and immunities, of citizens 
of this Commonwealth, against all attempts of the State of 
Connecticut to exercise jurisdiction over them; and that they 
will defend, at the expense of this Commonwealth, a suit 
now pending in the Court of Common Pleas, to be holden. 
in Worcester, in the County of Worcester, in which Peter 
Richards, of Dudley, is plaintiff, and Stephen E. Tift is 
defendant; which suit was commenced in consequence of 
the Town of Thompson, in the State of Connecticut, having 
taxed the said Richards, and by their Constable, Stephen 
E. Tift, aforesaid, distrained the goods and chattels of said 
Richards, for the satisfaction of the same. 

Resolved, That His Excellency the Governor, with the 
advice and consent of Council, be, and he hereby is empow- 
ered and requested to appoint one person, as Agent of this 
Commonwealth, to prosecute said suit against said Stepheu 
E. Tift to final judgment. 
77 



580 GOVERNOR'S MESSAGli:. 

CHAP. L 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives : 

The Treasurer of the Commonwealth having rendered an 
exhibit of the state of the Treasury on the first day of the 
present month, the Secretary will lay the same before you. 

JOHN BROOKS. 

Council Chamber, January Sth, 1823. 



CHAP. LI. 

Resolve for paying the Members of the Legislature. 
February 7th, 1823. 

Resolved) That there be paid out of the Treasury of this 
Commonwealth, to each member of the Senate and House 
of Representatives, two dollars for each and every day's at- 
tendance 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 also to each 
member of the Council, two dollars for each day's attend- 
ance at that Board, at every session thereof during the pre- 
sent political year, subsequent to the session of June last, 
and the like sum for every ten miles travel from their re- 
pective places of abode, to the place of the sitting of the 
General Court. 

Jtnd be it further resolved, That there be paid to the Pre- 
sident of the Senate and Speaker of the House of Repre- 
sentatives, each, two dollars for each and every day's 
attendance the present session, in addition to their pay as 
members. 



TRUSTEES OF LEICESTER ACADEMY. 581 



CHAP. LII. 

Resolve respecting the edition of the General Laws, 
February 8th, 1823. 

Resolved, That the present members of the Honorable 
Council, the Senate and House of Representatives, who 
were not members of the Legislature the last political year, 
be, and hereby are authorized to receive, and the Secretary 
of the Commonwealth to deliver one copy each, of the laws 
of this Commonwealth, now publishina;, agreeably to a re- 
solve passed Febi'uary twenty second, eighteen hundred 
and twenty two. 

Resolved, That whenever the said edition of the General 
Laws be completed, and delivered into the Secretary's Of- 
fice, pursuant to the aforesaid resolve, all accounts for the 
expenses of said work, being laid before the Governor and 
Council, and by them approved and allowed, His Excel- 
lency, witii advice of Council, be, and he is hereby author- 
ized to draw his warrant on the Treasury, for the payment 
thereof. 



r 



CHAP. LllL 



Resolve on the petition of the Trustees of Leicester 
Academy. February 8th, 1823. 

Whereas the Trustees of Leicester Academy, in the 
County of Worcester, by their petition, have represented 
the occasion of aid to the funds of that institution ; and 
have further represented, that one Archibald McDonald, 
late of Paxton, in said County of Worcester, was seized 
and possessed of a small estate, consisting of about thirty 
acres of land, with a small house and barn thereon, situate 
in Paxton aforesaid, and two pews in the gallery of said 
Paxton Meeting House; and that the said Archibald was 
a foreigner, and has died intestate, and without heirs, 
whereby the said estate escheated to, and became the pro- 



582 FUNERAL EXPENSES OF S. PYNCHON. 

perty of this Commonwealth, and now belongs thereto, ex- 
cept one third part thereof, which heretofore, by a resolve 
of the General Court, has been granted to the widow of the 
said McDonald; and the said Trustees hav« requested that 
the residue of said estate may be granted to them in trust, 
for the benefit of said institution, and the promotion of the 
interests of learning and instruction therein : 

Therpfore resolved, That the Commonwealth do hereby 
grant, assign and transfer to the corporation of the Trustees 
of Leicester Academy, all the right, title and interest which 
hath accrued to the Commonwealth in and to the said real 
estate, of wJiich the said Archibald McDonald died pos- 
sessed, in Paxton aforesaid, except the third part thereof, 
which the Commonwealth had heretofore granted to Han- 
nah McDonald, the widow of said Archibald, as aforesaid : 
Provided, that this resolve shall not aflFect or impair the 
right or claim of any person to the said estate, or any part 
thereof, oth^r than that of this Commonwealth. 



CHAP. LIV. 

Resolve to pay the Funeral Expenses of Stephen Pynchon, 

Esquire, a Member of the Legislature, 

February 10th, 1823. 

Resolved, That the sum of eighty dollars be paid out of 
the Treasury of this Commonwealth, to Mr. Jacob Kuhn, 
Messenger of the General Court, in order to defray the ex- 
penses of the last sickness and funeral expenses of Stephen 
Pynchon, Esquire, late a member of this House; and that 
His Excellency the Governor be requested to draw his 
warrant for that sum on the Treasurer. 



GOVERNOR'S MESSAGE. 58B^ 



CHAP. LV. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives : 

Pursuant to the authority vested in the Executive, by a 
resolution of the fourteenth of February, eighteen hundred 
and twenty one, such measures have from time to time been 
pursued, as seemed best calculated to effect the contemplated 
object. 

And it is with much satisfaction that I have it in my pow- 
er to lay before you a communication from the Honorable 
James Lloyd and the Honorable Elijah H. Mills, Senators 
of the Commonwealth in Congress, from which you will 
perceive that a reference has been made by the President 
of the United States, of the claim of this State against the 
United States, for disbursements for the services of the mi- 
litia, during the late war, to the department of the Treasu- 
ry. The act of the President will at the same time be laid 
before you by the Secretary, together with the memorial of 
the members of Congress from Massachusetts and Maine, 
therein referred to, dated the tw enty sixth of March, eight- 
een hundred and twenty two. 

I will further observe, that the vouchers and documents 
to support that part of the claim for which eleven thousand 
dollars were advanced by the Executive of the United 
States, in the year eighteen hundred and seventeen, are now 
under examination at the Treasury Department; and that 
hitherto no expense has been incurred in conducting the 
business under said resolution. But an opportunity being 
now offered for presenting the whole claim to the consider- 
ation of the National Executive, whatever course may be 
adopted by the Legislature, for the future prosecution of 
that important concern, some pecuniary provision for that 
purpose will be required. 

In addition to the documents already referred to, I have 
just received a note, addressed by the Senators of Massa- 
chusetts and Maine, to the members of the House of Repre- 
sentatives of the same States in Congress, and the answer 
of the latter to the same, relating to the course to be pursii- 



584 COMMITTEE ON ACCOUNTS. 

ed in prosecuting the claim, which will be likewise laid be- 
fore you by the Secretary. 

JOHN BROOKS. 

Council Chamber, February 10th, 1823. 



CHAP. LVl. 

Hesolve to pay the Committee on Accounts. 
February 10th, 1823. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Committee appoint- 
ed to examine and pass on accounts presented against this 
Commonwealth, for their attendance on that service during 
the present session, the sum of one dollar per day, in ad- 
dition to their pay as members of the Legislature — viz. : 
Elihu Hoyt, thirty eight days, thirty eight dollars ; Robert 
Rantoul, thirty eight days, thirty eight dollars ; Jonas Sib- 
ley, thirty eight days, thirty eight dollars ; Minot Thayer, 
thirty eight days, thirty eight dollars; Charles P. Phelps, 
thirty eight days, thirty eight dollars. 



CHAP. LVII. 

Resolve for delivering Term Reports to the Police Court 
of the City of Boston. February 10th, 1823. 

Resolved, That the Secretary of State be authorized and 
directed to deliver to the Clerk of the Police Court, in and 
for the City of Boston, for the use of said court, one set of 
the Reports of Decisions of the Supreme Judicial Court: 
Provided, the same are in the Secretary's Office, and can be 
furnished without any further purchase of said Reports, at 
the expense of the State, and are not already ordered to be 
delivered to the towns, or other public corporations, or offi- 
cers. 



COUNTY TAXES. 585 



CHAP. LVIIl. 

Estimates of County Taxes for 1823. , 

February 10th, 1823. 

Whereas the Treasurers of the following counties have 
laid their accounts before the Legislature for examination, 
which accounts have been examined and allowed; and 
whereas the Clerks of the Courts of Sessions for said coun- 
ties, have exhibited estimates made by said courts, of the 
necessary charges which may arise within said counties the 
year ensuing, and of the sums necessary to discharge the 
debts of said counties : 

Resolved^ That the sums annexed to the counties contain- 
ed in the following schedule, be, and the same are hereby 
granted as a tax for each county, respectively, to be appor- 
tioned, assessed, paid, collected and applied for the purpo- 
ses aforesaid, according to law, viz. : 

County of Essex, five thousand dollars, - - - S5000 
County of Middlesex, six thousand dollars, - 6000 
County of Worcester, six thousand dollars, - 6000 
County of Plymouth, six thousand, four hun- 
dred and fifty dollars, ------- 6450 

County of Bristol, three thousand, five hundred 

dollars, ----- 3500 

County of Berkshire, four thousand dollars, - 4000 

County of Hampshire, five thousand dollars, - 5000 

County of Hampden, five thousand dollars, - - 5000 

County of Franklin, three thousand dollars, - 3000 

County of Barnstable, four thousand dollars, - 4000 
County of Norfolk, four thousand, five hundred 

dollars, - .---/- 4500 



586 CLAIMS AGAINST UNITED STATES. 



CHAP. LIX. 

Resolve for making repairs on the State House. 
February 11th, 1823. 

Resolved, That the sum of one hundred and fifty dollars 
be appropriated for repairing the terrace of the New State 
House, to be under the direction, and at the disposal of Ja- 
cob Kuhn, Messenger of the House, he being accountable 
for the expenditure of the same; and that His Excellency 
the Grovernor, with the advice of Council, be authorized to 
draw his warrant on the Treasurer for the payment of the 
same, or any part of the same, whenever the account shall 
be presented. 



CHAP. LX. 

Resolve respecting Claims against the United States, 
February 11th, 1823. 

Resolved, That His Excellency the Governor, by and 
with the advice of Council, be, and he is hereby authorized 
to appoint an Agent, or Agents, in behalf of the Common- 
wealth, as soon as he shall deem it necessary to make such 
an appointment, to proceed to Washington, for the purpose 
of stating, prosecuting and advocating the claims of the 
Commonwealth upon the United States for expenditures 
for militia services during the late war, and to perform all 
such services, in reference to such claims, under the instruc- 
tions of the Executive, as the circumstances of the said 
claim, and the course adopted in regard to the same, by 
the officers of the United States government, may from time 
to time require ; and to provide for the payment of such 
Agent, or Agents, and for such other expenses incident to 
the case, as may arise in the statement and prosecution 
thereof. 

Resolved, That the Governor be authorized to draw his 
warrant on the Treasury for the sum of one thousand dol- 
lars, for the purposes aforesaid. 



QUARTER MASTER GENEl^AL. 587 



CHAP. LXI. 

Resolve malnn§; appropriation for the Qiiarter Master 
GeneraPs Office. February 11th, 1823. 

Resolved, Tliat the sum of five thousand, five hundred 
dollars, be, and the same is hereby appropriated for the use 
of the Quarter Master GreneraPs Department, for the pur-^ 
pose of repairing the public buildings, and defraying the 
expenses of that department; and that His Excellency the 
Governor, by and with the advice of Council, be requested 
to draw his warrant on the Treasurer for the same, for 
such sums, and at such periods, as the public service shall 
require, in favor of the Adjutant General, for the applica- 
tion of which he is to be accountable. 



CHAP. LXIl. 

Resolve on the petition of the Selectmen of Dresden. 
February 11th, 1823. 

On the petition of the Selectmen of Dresden, in the State 
of Maine, 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Common- 
wealth, to the Town of Dresden, in the State of Maine, the 
sum of one hundred sixty seven dollars and seventeen cents, 
in full, for the support of Thomas Doughty, and his family, 
to the fifteenth day of March, in the year of our Lord one 
thousand eight hundred and-iwenty; and a further sum of 
thirteen dollars and eighty seven cents, in full, for the sup- 
port of John Cullen, to the same time, being State Pau- 
pers ; amounting in the whole to the sum of one hundred 
eighty one dollars and four cents. 
78 



588 PAY OF CHAPLAINS.— STATE PRISON. 

CHAP. LXUI. 

liesohe to pay Chaplains. February 11th, 1823. 

Kesolved, That there be allowed and paid out of the 
public Treasury of this Commonwealth, to the Reverend 
James Walker, Chaplain of the Senate, and to the Rever- 
end William Jenks, Chaplain of the House of Representa- 
tives, sixty dollars each, in full, for their services the pre- 
sent political year. Also, 

Kesolved^ That there shall be allowed and paid out of 
the public Treasury, to the gentleman who shall preach the 
Election Sermon, in May next, iifty dollars ; and that His 
Excellency the Governor be authorized to draw his war- 
rants on the Treasury for said sums. 



CHAP. LXIV* • 

Resolve making an ^Appropriation for the State Prison. 
February 11th, 1823. 

Mesolved, That there be allowed and paid out of the 
public Treasury, for the purpose of finishing the new wall 
at the State Prison, in Charlestown, the sum of three thou- 
sand, three hundred and thirteen dollars and forty six 
cents; and His Excellency the Governor, with the advice 
and consent of the Council, is requested, and he is hereby 
authorized to draw his warrant accordingly. 

Resolved, That there be allowed and paid out of the 
public Treasury, for the use of the State Prison, the sura 
of three thousand dollars, to be drawn from the Treasury, 
by the Warden of said prison, in such sums as the Gover- 
nor, with the advice of Council, shall, from time to time, 
direct; and His Excellency the Governor, with the advice 
of the Council, is requested to draw on the Treasury for 
the said sum accordingly. 



PAY OF CLERKS.— C. JEWETT. 589 



CHAP. LXV. 

Resolve for jpayins:; the Clerks of the two Houses. 
February 11th, 1823^. 

Jipsolved, That there be paid out of the Treasury of this 
Commonwealth, to the Clerk of the Senate, and to the 
Clerk of the House of Representatives, respectively, six 
dollars per day: and to the Assistant Clerk of the Senate, 
the sum of five dollars per day, for each and every day's 
attendance they have been, or may be employed in that ca- 
pacity, during the present session of the Legislature; and 
that there be paid to the Clerk of the House of Represent- 
atives, the additional sum of two dollars for each and every 
day he may be so employed, in consideration of his having 
performed the whole clerical duty of that House ; and that 
the Governor is requested to draw his warrant accordingly. 



CHAP. LXVL 

Resolve for paying Ward Lock. February 11th, 1823. 

Resolved, That there be allowed and paid from the Trea- 
sury of this Commonwealth, to Ward Lock, Assistant Mes- 
senger to the Governor and Council, two dollars for each 
and every day he has been, or may be employed in that ca- 
pacity, during the present session of the Council. 



CHAP. LXVII. 

Resolve on the petition of Caleb Jewett and others. 
February 11th, 1823. 

On the petition of Caleb Jewett, William Sylvester, Ele- 
azer Colburn, William Churchill, and Daniel Foster, pray- 
ing payment for services and expenses in exploring and 



590 C. JEWETT AND OTHERS. 

laying out a road through the land known by the name of 
the Bingham Kennebec Purchase: 

Resolved, That if the devisees in trust of the estate of 
William Bingham, deceased, or any person or persons, 
acting under them, or in their behalf, shall advance and 
pay to the said Caleb Jewett, and others, the sum of six 
hundred and ninety one dollars, to be accepted by them, 
in full satisfaction for said services and expenses, the 
Agent of this Commonwealth shall allow and endorse the 
same on the bond heretofore given by, or in behalf of 
said devisees, conditioned for the performance of certain 
settling duties on said lands, heretofore sold by this Com- 
monwealth, to said Bingham. 



ROLL No. 88... JANUARY, 1823. 



The Committee on Accounts having examined the sev- 
eral accounts they now present.. ..Report, 

That there is now due to the several corporations and 
persons hereafter mentioned, the sums set to their names, 
respectively; which, when allowed and paid, will be in full 
discharge of the said accounts, to the dates therein men- 
tioned: Which is respectfully submitted. 

ELIHU HOYT, Per Order. 



PAUPER ACCOUNTS. 

Amesbury, for supporting Moses Keniston, to Jan- 
uary 7th, 1823, 847 70 

Amherst, for supporting Samuel Bateman and 
wife, and Jane and Polly Richardson, to De- 
cember 30th, 1822, 86 40 

Attleborough, for supporting James Walker, Jenet 
Anderson, Peggy Taylor, Margaret Allen and 
two children, and five children of John Mont- 
gomery, viz. : Mary, Margaret, Eleanor, Wil- 
liam, and Martha, to January 1st, 1823, 329 47 

Alford, for supporting Sylvia C. Glinn, Henry 
Glinn, and Lorenzo Griinn, to December 23d, 
1822, 77 90 

Aiidover, for supporting Patrick Callahan, Sukey 
Hornsby, MaJ^ia^ Davis, Thomas Barker, wife 



592 PAUPER ACCOUNTS. 

and one child, and Eliza Seamore, to January 

1st, 1823, 145 87 

Ashburnham, for supporting Sukey Franklin, 
Henry Stirrigas, wife and four children, to 
January 4th, 1823, lf4 80 

Adams, for supporting Freeman Blakely, Sarah 
Hewit, Susanna Camp, Philina Hill, and Ann 
Briggs, to January 3d, 1823, 125 55 

Abington, for supporting Major Humbell, to Jan- 
uary 23d, 1823, 46 80 

Beverly, for supporting Morris Nash, Dolly 
Claxton, Lemuel Hammond, William War- 
dell, Duncan Camerlan, and James Walker, 
to January 1st, 1823, 64 62 

Barre, for supporting Rhoda Forsbury and Sam- 
uel Lee, to January 7th, 1823, 56 40 

Billerica, for supporting Walter Carr, James 
Dunn, John M'Key, wife, and four children, 
to January 2d, 1823, 160 24 

Great Barrington, for supporting Isaac Hoose, 
Mary Hoose, Clarisa Lindsey, Lucy Porter, 
Dorcas Webster, and Ann Hewit, to January 
1st, 1823, 159 50 

Belchertown, for supporting Phebe Butler, Char- 
ity Porter, and Eliza Porter, to January 10th, 
1823, 69 10 

Braintree, for supporting Ann Gowith and three 
children, Titus, a black man, Abram Farns- 
worth, wife and three children, to January 1st, 
1823, 277 20 

Bradford, for supporting Joshua L. Alces, to Jan- 
■ uary 1st, 1823, 27 52 

Buckland, for supporting George Keniffe, to Jan- 
uary 1st, 1823, 42 30 

Barnstable, for supporting Joseph Thompson, to 

January 12th, 1823, 27 90 

Burlington, for supporting Johu A. Fashe and 



PAUPER ACCOUNTS. 593 

Thomas Hardman, to January 15th, 1823, 90 00 

Boston Commissioners of Health, for supporting 
Francis Waverly, Andrew Scott, and Jonathan 
Walker, to January 1st, 1823, 2 70 

Brimfield, for supporting John Skelbrian, to Jan- 
uary 13th, 1823, 46 80 

Braintree, for supporting Hannah Brown, to Au- 
gust 2d, 1822, 12 84 

Colrain, for supporting Lydia, Sally, Eunice, and 
Emery Cromack, Samuel JDean, William New- 
house, Charles O'Neal, and Peter C. Hart, to 
January 1st, 1823, 187 20 

Clarksburg, for supporting Polly Grover, alias 

Mitchell, to June 18th, 1822, 17 55 

Cheshire, for supporting Polly Cooper, Noel Ran- 
dell, Betsey Grandison, Ephraim Richardson, 
Molly Dimond, Thusey Jones and child, to 
January 9th, 1823, 202 8d 

Chester, for supporting John Warner, George 
Battolph and wife, Benjamin Powers, and Cla- 
risa Hardy, to January 5th, 1823, 191 70 

Chelmsford, for supporting Catharine M. Linna, 
Charles H. Goodrich, Eliza Goodrich, and 
Thomas H. Millar, to January 1st, 1823, 135 30 

Charlton, for supporting Peter l)etree, to January 

12th, 1823, 46 80 

Chesterfield, for supporting Rachel and Sarah 

Polly, to January 1st, 1823, 54 00 

Carlisle, for supporting Robert Barber, to Janu- 
ary 7th, 1823, 28 80 

Conway, for supporting Sally M'Murphy, Han- 
nah M'Neil, and Martha M'Murphy, to January 

1st, 1823, 147 57 

Cambridge, for supporting sundry State Paupers, 

to January 19th, 1823, 1528 45 

Cummington, for supporting John Lamson. to Jan- 
uary 4th, 1823, 33 80 



594 PAUPER ACCOUNTS. 

Charlestown, for supporting sundry paupers, to 

January 20th, 1823, 2045 99 

^City of Boston, for supporting sundry paupers, to 

November 30th, 1822, 5177 75 

Deerfield, for supporting Daniel AUis, Livina 
Witherell, Ansell Witherell, Ardelia Wither- 
ell, D wight Wells, and Benjamin Munn, to 
December 31st, 1822, 177 48 

Duxbury, for supporting Peter Williams and Sam- 
uel Cooper, to August 1st, 1822, 23 50 

Dracut, for supporting Moses Freeman, to Janu- 
ary 10th, 1823, 44 16 

Duxbury, for supporting Eleazer Simmons and 

Cyrus Simmons, to January 17th, 1823, 184 96 

Dorchester, for supporting sundry paupers, to Jan- 
uary 21st, 1823, 152 38 

Dighton, for supporting Hannah Tew, to January 

' 24th, 1823, 46 38 

Danvers, for supporting sundry paupers, to Jan- 
uary 21st, 1823, 785 96 

Egremont, for supporting Benjamin Dailey, Eliz- 
abeth Darby, Charity Woodbeck, lieuben Van- 
gildor, Jerind Kline, Harriet Kline, and Albert 
Kline, to January 7th, 1823, 244 40 

Essex, for supporting Ira Percival, Robert Jarret, 
Beniah Crocker, and Catharine Hall, to Janu- 
ary 15th, 1823, 130 15 

Fitchburgh, for supporting Charles Connor, to 

September 28th, 1822, 34 20 

Fairhaven, for supporting Darius Smith, Sarah 

Carr and two cliildren, to January 1st, 1823, 145 60 

Freetown, for supplying Abigail, an Indian, and 
Jemima, AbigaiPs daughter, to January 15th, 
1823, 115 20 

Framingbam, for supporting Daniel Campbell, to 

January 24th, 1823, 25 54 

Greenfield, for supporting Charles Nelson, Sam- ^ 



PAUPER ACCOUNTS. 595 

uel Freeman, and Mary Lawrence, to Decem- 
ber 9th, 1822, 10 75 

Granville, for supplying S. Gallup, S. Stewart, 

and S. Hoffman, to January 1st, 1823, 65 69 

Gloucester, for supporting E. Dawsill, D. Paul, 
J. Shefton, T. Hale, J. Francis, J. Morton, 
A. Jeneling, N. Jeneling, M. Jeneling, B. Lo- 
roque, R. Blood, J. Hilliard, G. Gardner, B. 
Lang, E. Dade, R. Day, M. Wright, wife and 
four children, J. Long, J. and D. Fitzgerald, 
to January 8th, 1823, 494 50 

Groton, for supporting Richard Brenton, Sarah 
Wright, Mary Rolfe, Eunice Bentervot, Jona- 
than PuUand, and Joseph Robbins, to January 
10th, 1823, 257 40 

Gill, for supporting Stephen Rockwood, to Janu- 
ary 12th, 1823, 24 94 

Gardner, for supporting John Brinkman, to Janu- 
ary 6th, 1823, 46 80 

Grafton, for supporting Polly Johns, Elethore 
Johns, Oliva Johns, Lucy Johns, Sarah Phil- 
lips, 2d, and child, Deborah Brown's child, 
and Nathaniel Keys, to January 27th, 1823, 117 03 

Hadley, for supporting Friday Allen, and Rebec- 
ca, his wife, to December 31st, 1822, 58 37 

Hanson, for supporting Hugh Kairn's wife, and 
J. Kairn, G. Kairn, A. Kairn, and J. M. 
Kairn, to December 4th, 1822, 27 50 

Hanover, for supporting Mary A. Tufts and Eli- 
za Jack, to January 8th, 1823, 51 40 

Haverhill, for supporting William Tapley, Ma- 
ria Peasley, Sarah Ann Peasley, John Brown 
and wife, Margaret Carrol, and James M'Cale, 
to January 1st, 1823, 139 78 

Hatfield, for supporting Mary Ann Vansoick, to 

January 27th, 1823, 8 50 

79 



596 PAUPER ACCOUNTS. 

Hardwick, for supporting Haiinab Morgan, to 

January 14tli, 1823, 46 90 

Hopkinton, for supporting Daniel Frazier, Mary 
Saunders, and William Boyden, to January 
1st, 1823, 140 40 

Lee, for supporting J. Manchester, R. Smallman, 
L. Fuller, T. Peters, A. S. Sheperdson, L. 
Sheperdson, C. Sheperdson, A. Sheperdson, 
Junior, and L. Sheperdson, to December 31st, 
1822, 224 74 

Lanesborough, for supporting R. Jackson, A. 
Bennet, E. Foot, and Lucy Grorman, and oth- 
ers, to January 4th, 1823, 154 17 

Leyden, for supporting Arnold Clark, Tacy Ful- 
ler, Ruth and Joseph Abel, to December 30th, 

1822, 114 58 
Lenox, for supporting T. Lewis, M. Davis, M. 

Fuller, Moses M'Graw, M. Palmer, Thomas 
Dennison, and Cato Williams, to January 8th, 

1823, 182 06 
Lynn, for supporting John Ballis, Ester Thomas, 

Nancy Carter, Nancy Carter, Junior, Mary 
Haley, Peggy Hawley, Henry Smith, Char- 
lotte Benson, Peggy Carroll, John Gawdey, 
and James Proctor, to November 30th, 1822, 264 24 

Littleton, for supplying John Putman and Jacob 

Thompson, to January 14th, 1823, 93 60 

Milbury, for supporting Moses Merrill, to July 

2d, 1822, 4 76 

Maiden, for supporting Henry Harding, John 
Perry, Peggy Butler, and John Campbell, to 
January 1st, 1823, 12 46 

Medford, for supporting Dorothy Linueu, to Jan- 
uary 1st, 1823, 46 80 

1\larshfield, for supporting Samuel Holmes^ to 

December 23d, 1822, 46 8Q 



PAUPER ACCOUNTS. 597 

Mancliestev, for supporting Abraham Grioss, to 

October 6tb, 1822, 20 30 

Marblehead, for supporting Mary Card, Francis 
Bridge, James Eastband, Albin Rose, Richard 
Parker, John Battest, John Balm, Patrick Kee- 
van, Samuel Smith, Mary Smith, Eliza Kee- 
van, Samuel Hammond, James Keevan, and 
John Jenkins, to January 17th, 1823, - 320 51 

Montague, for supporting Edward Porter and 

wife, to December 31st, 1822, 28 80 

Milford, for supporting Andrew and wife, Joel 

Day, and Ariel Bragg, to January 4th, 1822, 34 50 

Milton, for supporting John J. Myers, Archibald 
M'Donald, and James Bowman, to January 
22d, 1823, 89 10 

Middleborough, for supporting John Fitzgerald, 
Robert Wilson, Abigail Simons, Eliza Briggs, 
and Eliza Quites, to January 15th, 1823, 152 09 

Marshfield, for supporting John Baker, to De- 
cember 23d, 1822, 390 10 

Middleborough, for supporting Mary Thomas, an 

Indian, to December 15th, 1821, 33 80 

Mendon, for supporting sundry paupers, to De- 
cember 31st, 1822, 360 88 

Newbury, for supporting sundry paupers, to Jan- 
nary 1st, 1823, 857 10 

Newburyport, for supporting sundry paupers, to 

January 1st, 1823, 72115 

Newton, for supporting Joseph Prichard, John 
Wilkins, and Bradbury Brown, to January 1st, 
1823, * 56 80 

Norwich, for supporting Ruth Sanford, to Janu- 
ary 8th, 1823, 46 80 

Northampton, for supporting Moses Hunt, wife 
and (laughter, Mrs. Burrows and three child- 
ren, John Cockran, Caroline Robins, William 
Partridge, Joseph Barrett, Thomas Flood, Pe- 



598 PAUPER ACCOUNTS. 

ter Stam aud wife, Peter Patterson, James 
Hammond, and John Stickler, to January 1st, 
1823, 250 77 

New Braintree, for supporting Samuel Tracy, to 

January 14th, 1823, 14 40 

North Bridgewater, for supporting James Dorrin, 

to January 17 th, 1823, 45 90 

North Brookfield, for supporting Esther Johnson, 

to January 7th, 1823, 47 70 

Nantucket, for supporting sundry paupers, to Janu- 
ary 1st, 1823, 286 12 

Overseers of Marshpee Indians, to January 11th, 

1823, 309 40 

Orange, for supporting L. A. Wood, wife, and two 

children, to December 29th, 1822, 20 20 

Pepperell, for supporting Robert B. Munchin, 
David Smith, and Benjamin Smith and family, 
to December 30th, 1822, 184 40 

Plymouth, for supporting James Reed, Rachel 
Decane, Elizabeth Shepard, Sarah Scott, and 
John M. Ross, to January 16th, 1823, 143 85 

Palmer, for supporting William and Phebe Man- 
den, to January 15th, 1823, 57 60 

Pittsfield, for supporting Polly Thurston, Mary 
Hawley, and Thomas Skeen, to January 4th, 
1823, 141 41 

Quincy, for supporting William Oliphant, to Au- 
gust 2d, 1822, 27 45 

Russell, for supporting Sally Harrington, Mary 
Stebbins, and John Newton and wife, to Janu- 
ary 1st, 1823, 109 13 

Roxbury, for supporting Prince Loffas, Robert 
Clue, Jane Sanders, Francis Williams, John 
Smith, and Laura Cooper, to January 3d, 1823, 133 83 

Richmond, for supporting B.oxana Winston, Sam- 
uel Hill, Susan Darling and her five children, 
viz. : Samuel, Betsey, Amos, Hannah, and Sa- 



PAUPER ACCOUNTS. 599 

rah Ann, to January 7th, 1823, 153 19 

Rowley, for supporting Elle Collins, Eliza Hicks 
and child, James JSroadbent, and Charles Con- 
ner, to January 5th, 1823, 85 81 

Rehoboth, for supporting John Solomon, wife and 
two children, Nancy Hill and child, Roxana 
Freeman and child, Louisa Mason, Lucy Kel- 
ly, Susanna, an Indian, and Dinah Kelly, to 
December 27 th, 1822, 243 00 

Raynhani, for supporting John Douglas, to May 

4th, 1822, 18 00 

Reading, for supporting James Lewis and Debo- 
rah Atcherson, to January 18th, 1823, 18 50 

Sandisfield, for supporting Richard Dickson and 
wife Philis, Jonathan Bolles, Mary Ann and 
Electa Willcox, and Eliza Williams, to De- 
cember 25th, 1822, 182 86 

SheflBeld, for supporting Thomas O'Brian, Henry 
Armsdor, Molly Bows, Hannah Rowe, Henry 
Desaut, Lucy and Henry Freeman, Daniel 
Jackson, Dalilah and Levi, alias Dick and 
William Ranney, to January 8th, 1823, 338 50 

Springfield, for supporting Michael Smith, John 
Lloyd, Daniel Hartong, Thomas Kilby, Tabi- 
tha Hall, and Eunice Price^ to January 3d, 
1823, 300 80 

Shelburn, for supporting Mary Bates and Eliza 

Lane, to January 14th, 1823, 46 40 

Sutton, for supporting William Metcalf, to Janu- 
ary 1st, 1823, 16 46 

South Brimfield, for supporting Jonathan Hill, to 

January 13th, 1823, 8 10 

Sturbridge, for supporting Dorothy and Samuel 

Weldon, to January 6th, 1823, 35 10 

Sandwich, for supporting Esther Raymond and 

Mason Raymond, to January 3d, 1823, 60 30 

Stockbridge, for supporting John Morrison.. Orzu- 



600 PAUPER ACCOUNTS. 

ba Morrison, Samuel Rathburn, Harriot Rath- 
burn, Margery Curtis, Mary Rice, Suby Peet, 
Sarah Hulbert, Hannah Perkins, Anna Hewitt, 
and Rebecca, a black, to December 1st, 1822, 215 15 

Somerset, for supplying Ruth Hill, Polly Hill, 

and William Elliot, to January llth, 1823, 106 20 

Stow, for supporting Thomas Jones and John 

Dunn, to January 10th, 1823, 47 44 

Spencer, for supporting Thomas Humphreys and 
children, and Susan Cowland, to January 16th, 
1823, , 96 73 

Salem, for supporting sundry paupers, to January 

1st, 1823, 1785 11 

Sharon, for supporting John H. Kolhoif, Marga- 
ret Henly, Jane Dolanson and three children, 
to January 17th, 1823, 89 70 

Saugus, for supporting Joseph Clarenbole, to Jan- 
uary 17th, 1823, 29 19 

Swansey, for supporting Martin Hunsnip, Diada- 
mia Boston, Elisha Mason, and Hannah Rob- 
in, to January llth, 1823, 92 40 

Shirley, for supporting Mary M'Kinsey, Hannah 
Grray and two children, and William Shearer, 
to January 1st, 1823, 157 30 

Seekonk, for supporting Jane Watson and child, 
Tilley Peck, and Philis Watson, to January 
2d, 1823, 111 23 

Stoughton, for supporting William Barber Sar- 
gent, to January 19th, 1823, 48 60 

Taunton, for supporting sundry paupers, to Janu- 
ary 1st, 1823, 342 78 

Tyringham, for supporting Hannah Harrison, 
Betsy and Aurelia Harrison, Henry Patson, 
Richard Gardner and wife, David McNeil, and 
Asa Thompson, to January 1st, 1823, 285 90 

Tewksbury, for supporting Nathaniel Ingerson, to 

January 9th, 1823, 45 00 



PAUPER ACCOUNTS. 601 

Troy, for supporting William Lee, Tisby Simons, 
Ruth Sachemore, Jonas Tucker, Wheaton Bai- 
ley, wife, and three children, to January 1st, 
1823, 173 26 

Topsfield, for supporting Phillis Esty, and Nancy 

Porter, to January 24th, 1823, 93 60 

Upton, for supporting Elbridge Gerry Farrier, to 

January 16th, 1823, 31 63 

Uxbridge, for supporting Phillis Jenks' child, to 
January 8th, 1823, 26 

Wenham, for supporting Pompey Porter, to Jan- 
uary 1st, 1823, 38 70 

Ward, for supporting Stephen Palotte, to Septem- 
ber 25th, 1822, 5 79 

Westhampton, for supporting Lemuel Calvin and 
wife, John Gay and wife, and Garnet Decker, 
to January 1st, 1823, 144 00 

Worcester, for supporting Jonas Brooks, William 
Joblin, and Olive Mundell, to January 1st, 
1823, 56 25 

Westfield, for supporting Matthew Smith, John 
N. Berry, Theodosia Gillet, Stephen Newbury, 
Phebe Rose, Caleb Garrow, Hannah Gibson, 
and George Gibson, to January 1st, 1823, 166 68 

Walpole, for supporting Eliza Ellis, and Jane 

Walker, to January 1st, 1823, " 70 00 

West Springfield, for supporting James Aldrach, 

and Hannah Shevy, to December 21st, 1822, 54 00 

Westford, for supporting Ephraim Spaulding, to 

January 1st, 1823, 26 75 

West Stockbridge, for supporting Lucy Lane, 
James C. Riggs, and Ransom H. Riggs, to 
January 1st, 1823, 140 40 

Wade, Thomas, Keeper of the House of Corrrec- 
tion, for supporting sundry paupers, in Essex 
County, including what was allowed by the 
Court of Sessions, to January 6th, 1823, 441^ 62 



602 SHERIFFS' AND CORONERS' ACCOUNTS. 

AYare, for supporting John Upham, to January 

5th, 1823, 36 52 

William stown, for supporting Rachel Galusha, 
Asahel Foote, wife, and two children, James 
Law, and John Gr. Hendersoll, to January 1st, 
1823, 172 08 

Westfield, for supporting Esther Berry, to Janu- 
ary 1st, 1823, 27 51 

West Cambridge, for supporting Thomas Baker, 

wife, and one child, to May 13th, 1822, 29 90 

Warwick, for supporting Patty Julius Sesar and 

her two children, to October 4th, 1822, 74 10 

Watertown, for supporting Rebecca Brown, Rob- 
ert Saunders, Samuel Latch, Anna Latch, and 
William Mirick, to January 1st, 1823, 234 45 

Westborough, for supporting John Donavon, and 

Dinah, a black, to January 16th, 1823, 93 60 

Washington, for supporting James Robins and 

wife, to December 20th, 1822, 53 48 

Wrentham, for supporting John Knight, John and 
Thomas Kennedy, and Daniel McLane, to 
January 1st, 1823, 107 80 

West Newbury, for supporting Sophia Patten,' to 

January 1st, 1823, 5 00 

Yarmouth, for supporting Thomas Petters, to 

February 3d, 1823, 47 70 



SHERIFFS' AND CORONERS' ACCOUNTS. 

Austin, Nathaniel, Sheriff of Middlesex County, 

to January 1st, 1823, 29 07 

Badger, Thomas, Coroner of Suffolk County, for 

taking inquisitions to January 7th, 1823, 169 40 

Badger, Thomas, Coroner of Suffolk County, for 

taking inquisitions to February 6th, 1823, 13 20 



SHERIFFS' AND CORONERS' ACCOUNTS. 603 

Brown, Henry C, Sheriff of Berkshire County, 

to January 1st, 1823, 61 20 

Baker, John, 2(1, Deputy Sheriff of Norfolk 

County, to October 29th, 1822, 18 75 

Bryant, Nathaniel, Coroner of Lincoln County, 

to August 29th, 1822, 22 37 

Crane, Elijah, Sheriff of Norfolk County, to Jan- 
uary 1st, 1823, 15 25 

Davis, Wendall, Sheriff of Barnstable County, 
for distributing laws and returning votes, to 
January 4th, 1823, 16 50 

Dingley, James, Coroner of Plymouth County, to 

January 13th, 1823, 18 41 

Hoyt, Ephraim, Sheriff of Franklin County, for 
circulating an act dividing the Commonwealth 
into Congressional Districts, and for returning 
votes for Members of Congress, to January 1st, 
1823, 29 50 

Hewes, Samuel H., Coroner of Suffolk County, to 

January 1st, 1823, 25 52 

Hayward, N., Sheriff of Plymouth County, to 

January 1st, 1823, 26 27 

Hewes, Samuel H., Coroner of Suffolk County, to 

January 23d, 1823, 13 62 

Hobart, Samuel, Coroner of Plymouth County, to 

July 10th, 1822, 48 83 

Johnson, Jotham, Coroner of Middlesex County, 

to January 24th, 1823, 27 44 

Lyman, Joseph, Sheriff of Hampshire County, for 
returning votes, and distributing laws, &c., to 
January 1st, 1823, 52 50 

Lang, William, Coroner of Essex County, to 

January 9th, 1823, 16 20 

Leonard, Horatio, Sheriff of Bristol County, to 

January 9th, 1823, 19 50 

Mason, Benajah, Coroner of Bristol County, to 

July 24th, 1822, 70 65 

80 



604 MILITARY ACCOUNTS. 

Pike, Joseph, Coroner of Essex County, to Janu- 
ary 7th, 1823, 15 00 

Pease, Isaiah ©., Sheriff of Dukes' County, for 
distributing laws, and returning votes, to Janu- 
ary 23d, 1823, 21 35 

Richardson, Eleazer C, Coroner of Essex Coun- 
ty, to January 28th, 1823, 25 74 

Rhodes, William, Coroner of Essex County, to 

January 31st, 1823, 21 83 

Spear, Daniel, Coroner of Norfolk County, to 

January, 1823, 25 22 

Sprague, William, Coroner of Worcester County, 

to June 19tb, 1822, 22 39 

Ward, Thomas W., Sheriff of Worcester County, 

to January 1st, 1823, 37 00 

Withington, Ebenezer, Coroner of Norfolk Coun- 
ty, to January 27th, 1823, 18 76 



MILITARY ACCOUNTS. 

Aids-de-Camj), Brigade Majors, and Quarter Masters, 

Butterfield, Joseph, Brigade Major, 2d Brigade, 

9th Division, to January 21st, 1823, 37 91 

Cobb, G. W. D., Brigade Major, 2d Brigade, 5th 

Division, to January 15th, 1823, 54 17 

Cunningham, Ephraim M., Brigade Major, 2d 

Brigade, 6th Division, to January 1st, 1823, 36 56 

Coffin, Timothy G., Aid-de-Camp to Major Gen- 
eral 5th Division, to January 30th, 1823, 161 25 

Edwards, Elisha, Brigade Major, 1st Brigade, 

4th Division, to January 1st, 1823, 36 54 

Eisher, Freeman, Brigade Major, 2d Brigade, 1st 

Division, to January 28th, 1823, 38 50 



MILITARY ACCOUJSTS. 605 

Fairbanks, Stephen, Brigade Major, 3d Brigade, 

1st Division, to January 15th, 1823, 37 50 

Gilbert, Thomas, Brigade Major, 2d Brigade, 

4th Division, to January 1st, 1823, 36 54 

Gribbs, A. H., Brigade Major, 1st Brigade, 1st 

Division, to January 1st, 1823, 36 54 

Hopkins, Thomas, Aid-de-Camp to the Major 

General 7th Division, to January 1st, ^823, 23 61 

Heard, Nathan, Junior, Brigade Major, 1st Brig- 
ade, 6th Division, to January 15th, 1823, 38 21 

Hubbel, Calvin, Brigade Major, 2d Brigade, 7th 

Division, to January 1st, 1823, 36 54 

Root, Robert R., Acting Brigade Major, 1st Brig- 
ade, 7th Division, to September 4th, 1821, 9 58 

Rice, Caleb, Aid-de-Camp to Major General 4tli 

Division, to January 1st, 1823, 23 67 

Richardson, Wyman, Brigade Major, 1st Brigade, 

3d Division, to January 26th, 1823, 23 36 

Sampson, Joseph, Brigade Major, 3d Brigade, 

5th Division, to January, 1823, 37 64 

Smith, John, Junior, Brigade Major, 1st Brigade, 

2d Division, to September 1st, 1822, 23 20 

Scott, John, Brigade Major, 2d Brigade, 2d Di- 
vision, ^o January 15th, 1823, 38 21 

Stickney, John, Aid-de-Camp to Major General 

2d Division, to January 1st, 1823, 23 67 

Thayer, Minot, Senior, Aid-de-Camp to Major 

General 1st Division, to February 8th, 1823, 25 50 

Twining, Thomas, Brigade Major, 1st Brigade, 

7th Division, to January 1st, 1823, 25 22 

Taylor, Henry, Brigade Quarter Master, 2d Brig- 
ade, 7th Division, to January 1st, 1823, 17 05 

Wilder, Nathaniel, Brigade Major, 1st Brigade, 

5th Division, to January 1st, 1823, 36 54 

Winslow, Benjamin, Brigade Quarter Master, 2d 
Brigade, 1st Division, to February 8th, 1823, 15 00 



606 MILITARY ACCOUNTS. 



Adjutants. 

Allen, Andrew J., Acting Adjutant, 1st Regiment, 

3d Brigade, 1st Division, to January 1st, 1823, 23 61 

Attwood, G. B., 3d Regiment, 2d Brigade, 5th 

Division, to December 30th, 1822, 24 92 

Brigham, Moses, Artillery, 1st Brigade, 6th Di- 
vision, to January 1st, 1823, 9 58 

Bayley, HoUaway, 2d Regiment, 2d Brigade, 6th 

Division, to January 15th, 1823, 24 00 

Burr, Samuel, 3d Regiment, 1st Brigade, 3d Di- 
vision, to January 1st, 1823, 38 67 

Baker, Walter, 1st Regiment, 1st Brigade, 1st 

Division, to January 21st, 1823, 29 5^ 

Bryant, Nathaniel, 5th Regiment, 2d Brigade, 6th 

Division, to January 1st, 1823, 23 67 

Blood, Charles, 3d Regiment, 2d Brigade, 3d Di- 
vision, to January 1st, 1823, 23 67 

Burnell, Baxter, Cavalry, 1st Brigade, 4th Divi- 
sion, to January 1st, 1823, 23 67 

Bent, James, 2d Regiment, 2d Brigade, 1st Divi- 
sion, to February 4th, 1823, 24 49 

Cushing, Ned, 2d Regiment, 1st Brigade, 1st Di- 
vision, to January 1st, 1823, 22 47 

Chauncy, Hamblin, Cavalry, 2d Brigade, 7th Di- 
vision, to January 15th, 1823, 15 00 

Curtis, Alfred, 3d Regiment, 3d Brigade, 1st Di- 
vision, to January 1st, 1823, 23 67 

Clement, Jesse, 5th Regiment, 2d Brigade, 2d 

Division, to January 1st, 1823, 23 67 

Chester, Chapin W., 1st Regiment, 1st Brigade 

4th Division, to January 1st, 1823, 11 11 

Collamore, Horace, 2d Regiment, 1st Brigade^ 

5th Division, to January 20th, 1823, 24 17 

Cobb, David, Junior, 4th Regiment, 2d Brigade, 
5th Division, to January 30th, 1823, 40 00 



MILITARY ACCOUNTS. 

Dyer, Samuel N., Acting Adjutant, Artillery, Ist 
Brigade, 5th Division, to January, 1823, 

Egleston, Thomas, 2d Regiment, 2d Brigade, 7th 
Division, to January 1st, 1823, 

Everett, Charles, 1st Regiment, 1st Brigade, 3d 
Division, to January 15th, 1823, 

Fuller, John B. H., Cavalry, 1st Brigade, 3d Di- 
vision, to January 1st, 1823, 

Forward, Robert, 2d Regiment, 1st Brigade, 4tli 
Division, to January 1st, 1823, 

Field, David H., 3d Regiment, 1st Brigade, 6th 
Division, to January 1st, 1823, 

Fessenden, Sewall, 1st Regiment, 3d Brigade, 
5th Division, to January 21st, 1823, 

Fisher, Calvin, Junior, Artillery, 1st Brigade, to 
January 2lst, 1823, 

Green, Joseph W., Artillery, 1st Brigade, 2d Di- 
vision, to January 1st, 1823, 

Goss, Clark, 3d Regiment, 2d Brigade, 4th Divi- 
sion, to January 11th, 1823, 

Gibbens, George M., 2d Regiment, 3d Brigade, 
1st Division, to January 1st, 1823, 

Gragg, Moses, 1st Regiment, 2d Brigade, 1st Di- 
vision, to April 9th, 1822, 

Hamblin, Joseph, 2d Regiment, 3d Brigade, 5th 
Division, to January 1st, 1823, 

Hitchcock, Augustus, Artillery, 1st Brigade, 7th 
Division, to January 12th, 1823, 

Hubbell, Stoddard, 1st Regiment, 2d Brigade, 7th 
Division, to January 1st, 1823, 

Haskell, Joseph, Cavalry, 1st Brigade, 5th Divi- 
sion, to January 1st, 1823, 

Hathaway, Philip P., 5th Regiment, 2d Brigade, 
5th Division, to January 1st, 1823, 

Hedge, Isaac L., 1st Regiment, 1st Brigade, 5th 
Division, to January 1st, 1823, 

IngersoU, David P., 3d Regiment, 1st Brigade^ 





t 


607 


30 


00 


16 


67 


24 


05 


23 


67 


23 


61 


23 


67 


38 


52 


15 


00 


30 


00 


23 


89 


23 


67 


20 


00 


23 


72 


15 


00 


23 


67 


30 


00 


32 


19 


39 


17 



608 MILITARY ACCOUJSTS. 

7tli Division, to January 1st, 1823, 20 67 

Kimball, Charles, 2d Regiment, 2d Brigade, 2d 

Division, to January 15th, 1823, 24 70 

Miles, Isaiah, 3d Regiment, 2d Brigade, 6th Di- 

visioQ, to January 1st, 1823, 23 65 

Mann, Ebenezer, 4th Regiment, 1st Brigade, 3d 

Division, to January 1st, 1823, 23 67 

Mosely, Thomas M., Artillery, 1st Brigade, 1st 

Division, to December 26th, 1822, 7 50 

Newton, Isaac, Junior, 2d Regiment, 2d Brigade, 

4th Division, to January 4th, 1823, 42 49 

Ormsby, Abraham, Junior, 1st Regiment, 2d Brig- 
ade, 5th Division, to April 2d, 1822, 2 28 

Osborn, Richard, Junior, 5tli Regiment, 1st Brig- 
ade, 2d Division, till discharged, 11 11 

Partridge, William W., 1st Regiment, 2d Brig- 
ade, 4th Division, to January 1st, 1823, 23 67 

Rogers, D. W., 2d Regiment, 1st Brigade, 2d 

Division, to January 1st, 1823, 23 67 

Saxton, William B., Cavalry, 1st Brigade, 7th 

Division, to January, 1823, 15 00 

Sampson, Joseph, Acting Adjutant, Artillery, 3d 
Brigade, 5th Division, to January 1st, 1823, 25 62 

Sheldon, Israel, 3d Regiment, 1st Brigade, 2d Di- 
vision, to January 1, 1823, 38 67 

Sewall, Sanford, 3d Regiment, 1st Brigade, 6th 

Division, to January 1st, 1823, 23 67 

Townshend, Daniel, 4th Regiment, 1st Brigade, 

2d Division, to January 1st, 1823, 23 61 

Tucker, Samuel, Cavalry, 1st Brigade, 6th Di- 
vision, to January, 1823, 23 67 

Taylor, Henry, 2d Regiment, 2d Brigade, 5th Di- 
vision, to January 1st, 1823, 23 67 

Thompson, Arad, 4th Regiment, 1st Brigade, 5th 

Division, to January 8th, 1823, 23 90 

Tuck, Daniel, Artillery, 2d Regiment, 3d Brig- 
ade, to January 1st, 1823, 30 00 



MILITARY ACCOUNTS 609 

Wild, Jonathan, Junior, 3d Regiment, 1st Brig- 
ade, 1st Division, to January 9th, 1823, 23 89 

Wright, Simon W., 3d Regiment, 2d Brigade, 7th 

Division, to January 1st, 1823, 23 67 

Walcott, James, Junior, 4th Regiment, 1st Brig- 
ade, 6th Division, to January 1st, 1823, 38 67 



Hauling Artillery. 

Adams, Nahum, 2d Brigade, 4th Division, to 

January 1st, 1823, 7 77 

Adams, Cyrus, 2d Brigade, 1st Division, to Janu- 
ary 1st, 1823, 10 00 

Brown, Eli, 1st Brigade, 3d Division, to January, 

1823, for 1821 and 1822, 30 00 

Burghardt, Coomed, 1st Brigade, 7th Division, to 

January 1st, 1823, 6 00 

Bradberry, Ebenezer, 2d Brigade, 2d Division, to 

January 1st, 1823, 20 00 

Brown, Aaron, 2d Brigade, 3d Division, to Janu- 
ary 1st, 1823, . 5 00 

Baldwin, Henry, 2d Brigade, 3d Division, for 

1821 and 1822, to January, 1823, 21 67 

Curtis, Edward, 1st Brigade, 5th Division, to Jan- 
uary 1st, 1823, 5 00 

Clark, Ellis, 1st Brigade, 6th Division, to January 

1st, 1823, 9 00 

Center, William, Junior, 1st Brigade, 2d Division, 

to January 1st, 1823, 10 00 

Colby, John, 2d Brigade, 2d Division, to January 

1st, 1823, 20 00 

Clark, Leonard, 1st Brigade, 6th Division, to Jan- 
uary 1st, 1823, 5 00 

Fowler, Sabina, 1st Brigade, 4th Division, to 

January 1st, 1823, 8 00 



610 MILITARY ACCOUNTS. 

Fowles, Isaac, 3d Brigade, 1st Division, to Jan- 
uary 1st, 1823, 30 00 

Goodman, Ithamer, 1st Brigade, 4th Division, to 

January 1st, 1823, 16 67 

Holland, Nathaniel, 2d Brigade, 6th Division, to 

January 1st, 1823, 7 00 

Holbrook, Sylvius, 1st Brigade, 3d Division, for 

1821 and 1822, to January, 1823, 15 00 

Harrington, Elisha, 1st Brigade, 1st Division, to 

January 1st, 1823, 10 00 

Hartshorn, Samuel, 2d Brigade, 1st Division^ to 

January 1st, 1823, 10 00 

Harrison, John, 2d Brigade, 5th Division, to Jan- 
uary 1st, 1823, 12 00 

Harris, King, 2d Brigade, 4th Division, to Jan- 
uary 1st, 1823, 5 00 

Jackson, Francis, 3d Brigade, 1st Division, to 

January, 1823, 30 00 

Joy, William, 2d Brigade, 4th Division, to Jan- 
uary, 1823, 22 50 

Jones, Frederick William, 2d Brigade, 6th Di- 
vision, to January 1st, 1823, 5 00 

Kemball, Edmund, 1st Brigade, 2d Division, to 

January, 1823, 10 00 

Lobdell, J. J., 3d Brigade, 1st Division, to Janu- 
ary 1st, 1823, 20 00 

Mason, Jonathan B., let Brigade, 2d Division, to 

January, 1823, 10 00 

Morse, Lyman, 1st Brigade, 6th Division, to Jan- 
uary, 1823, 5 00 

Nash, Micah, 1st Brigade, 5th Division, to Jan- 
uary 1st, 1823, 8 75 

Nichols, John, 1st Brigade, 2d Division, to Jan- 
uary, 1823, 10 00 

Peirce, John, 1st Brigade, SdDivision, to January 

1st, 1823, 15 00 

Broads, John S., 1st Brigade, 2d Division, to Jaa- 

uary, 1823^ 10 00 



PRINTERS ACCOUNTS, &c. 61 i 

Robbins, Loring, 1st Brigade, 7th Division, to 

January 1st, 1823, , 6 00 

Snow, Nathaniel, Captain Sea Fencibles, to Jan- 
uary 1st, 1823, 36 00 

Tucker, Joel, 1st Brigade, 4th Division, to Jan- 
uary, 1823, 11 00 

Tobey, John, 2d Brigade, 4th Division, to Jan- 
uary 1st, 1823, 3 00 

Vinson, John, 1st Brigade, 1st Division, to Jan- 
uary 1st, 1823, 8 75 

Williams, Samuel, 2d Brigade, 4th Division, to 

January 1st, 1823, 14 50 

Walker, Hezekiah, Junior, 1st Brigade, 4th Di- 
vision, to January, 1823, 12 00 

Wood, Nathaniel, 1st Brigade, 5th Division, to 

January 1st, 1823, 10 00 



Courts Martial and Courts of Inquiry. 

Hubbell, Calvin, Junior, Brigade Major, 2d Brig- 
ade, 7th Division, for expenses of Division Court 
Martial, holden at Pittsiield, November 27th, 
1822, whereof Colonel Daniel Collins was Pre- 
sitient, 152 20 

Sumner, William H., for expenses of a General 
Court Martial, holden at Greenfield, October 
22d, 1822, whereof Brigadier General David 
Mack, Junior, was President, 431 67 



PRINTERS AND MISCELLANEOUS ACCOUNTS. 

Allen, Phineas, for publishing the laws, &c. to 

January 1st, 1823, 16 67 

81 



6i2 PRINTERS ACCOUNTS, &c. 

Burrell & Hersey, for publishing laws, to January 

1st, 1823, 16 67 

Ballard & Wright, for publishing laws, and fur- 
nishing newspapers to the members of the Gen- 
ral Court, to June I5th, 1822, 65 73 

Bradford, William J. A., for writing in the Secre- 
tary's oflBce,»to February 4th, 1823, 13 50 

Ballard & Prince, for sundry cloths, &c. to Jan- 
uary 17th, 1823, 98 48 

Bradbury, Samuel, for sundry articles of hard- 
ware, to February 5th, 1823, 26 45 

Blaney, Henry, for repairs on the State House, to 

January 13th, 1823, 79 48 

Bacon, Henry, as Assistant Messenger to the (ren- 

eral Court, to February 8th, 1823, 76 00 

Burditt, James W^., for stationary, to February 

4th, 1823, 203 25 

Bradford, Alden, for one volume of the History of 

Massachusetts, to February 6th, 1823, 3 00 

Committee for examining the Treasurer's Accounts, 

viz. : — Hon. Benjamin Reynolds, 14 00 

" Robert Rantoul, 14 00 

" Jonas Sibley, 14 00 

John Cotton, Esq. 14 00 

56 00 



Boston Commissioners of Health, to January, 

1823, 504 61 

Clap, William W., for publishing laws and re- 
solves, to January 29th, 1823, 19 41 

Cummings & Hilliard, for furnishing blank books, 

&c. to January 1st, 1823, 79 15 

Chase, Warren, for assisting Messenger to the 

General Court, to February 8th, 1823, 76 00 

Cutting, Elijah W., for assisting Messenger to the 

General Court, to February 8th, 1823, 72 00 

Durant, William, for repairing and cleaning wia- 

dows, &c. to December 28, 1822, 39 00 



PRINTERS ACCOUNTS, &c. 613 

Field, Bariium, for publishing laws, &c. to Jan- 
uary 7th, 1823, 16 66 

Hi)bart, Moses L., compensation to Island Keeper, 44 40 

Do. Do. for wood, to February 1st, 1823, 60 00 

Hale, Nathan, for furnishing newspapers to the 

members, to June 15th, 1822, 46 09 

Low, John v., for assisting Messenger to the Gen- 
eral Court, to February 8th, 1823, 68 00 

Newell, Luther, Deputy Sheriff, for summoning 
witnesses in the trial of James Prescott, to 
January, 1823, 1 30 

Dennio & Phelp*, for publishing laws, &c. to Jan- 
uary 1st, 1823, 16 67 

Perkins, Thomas H., paid for the model of a Step- 
ping Mill, 29 09 

Russell & Gardner, for furnishing newspapers to 

the members, to February 8th, 1823, 22 08 

Rider, Thomas, Page to the House of Represen- 
tatives, to February 8th, 1823, 42 50 

Russell, Benjamin, for publishing reports on S. 
Stone's petition, supplying newspapers, &c. to 
October 19th, 1822, 17 06 

Richardson & Lord, for stationary, to February 

1st, 1823, 40 00 

Russell & Gardner, for paper and printing for the 
several oifices, and for printing laws of the Com- 
monwealth, to February 5th, 1823, 938 11 

Massachusetts Agricultural Society, for sundry 
expenses in raising seed and plants, and for ex- 
periments made by said Society, in the public 
garden at Cambridge, under the direction of the 
late William D. Peck, Esquire, 598 00 

True & Green, for furnishing newspapers to the 
members of the General Court, to June 15th, 
1822, 6 24 

Thompson, James, for smiths' work, to December 

22d, 1822, 26 38 



614 PRINTERS ACCOUNTS, &c. 

Vose, Isaac & Sons, for repairing cushions, &c. 

to May 18th, 1822, 101 00 

Wells & Lilly, for printing the Agricultural So- 
ciety's Journal, No. 2 vol. 7 — 3 vol. 7, 400 00 

Willis, Nathaniel, for furnishing the members with 

newspapers, to February 23d, 1822, 8 00 

Wheeler, John H., for sundry repairs on the State 

House, to February 4th, 1823, 229 95 

Young & Minns, for publishing laws and furnish- 
ing newspapers to the members, to January 1st, 
1823, 23 87 





Aggregate of Roll JSTo. 83. 




xpens( 


is of State Paupers, 

of Sheriffs and Coroners, 


28,810 16 
831 47 


a 


of Courts Martial, 


583 87 


'a 

a 


of Aids de Camp, Brigade Majors, 

and Quarter Masters, 
of Adjutants, 
of Hauling Artillery, 


I 872 51 

1,385 90 
510 61 


a 


of Printers and Miscellaneous, 


4,180 75 




S37,175 27 



Hesolvedf That there be allowed and paid out of the 
public treasury, to the several corporations and persons 
mentioned in this Roll, the sums set against such corpora- 
tions' and persons' names respectively, amounting in the 
whole to Thirty Seven Thousand, One Hundred and Seven- 
ty Five Dollars, and Twenty Seven Cents, the same being 
in full discharge of the accounts and demands to which they 
refer. 

[,ipproved by the Governor, February 10th, 1823.] 



Boston, April 29th, 1823. 

I HEREBY CERTIFY, That the Resolves contained in this pamphlet, passed 
by the Legislature, at the session in January and February, one thousand eight 
hundi'ed and twenty three, have been compared with the originals, and appeal" 
to be correct. 

A. BRADFORD, Secretary of the Common-wealth, 



INDEX 

TO RESOLVES PASSED JANUARY ..ND FEBRUARY, 1823. 



A. 

Academy, Leicester, release of land to, 581 

Accounts, Committee on, allowance to, 584 

Adjutant General, appropriation for, 587 

B. 

Bojlston, Second Precinct in, to choose officers, - - - 573 

C. 

Chaplains of the General Court, allowance to, - - - - 588 

Claim on United States, Agent to be appointed to present, - 586 

Clerks of General Court, allowance to, 589 

Coffin, G. W., Agent of Eastern Lands, accounts settled, - 570 

Committee on Accounts, allowance to, - - - - - 584 

Commissioners on Eastern Lands, report, and land to be sold, - 576 

Connecticut, dispute fith, about lands, ----- 579 
Constitution of United States, proposed amendment respecting 

Banks, rejected, - -- 571 

Crosby, R., to have land by consent of Commissioners, - - 575 

D. 

Dresden, Selectmen of, allowance to, 587 

Dudley, citizens of, to be protected in dispute with Connecticut, 579 

G. 

General Court, pay to Members of, 580 

Governor's Message, - - - 557, 566, 568, 574, 580, 583 

Greenough, David, debt to State Prison, released in part, - 569 

H. 

Hayward, Eli, non compos, land to be sold, - - - - 573 

Herrick, Betsey, and others, minors, their estate to be spld, - 567 



INDEX. 

J. 

Jewett, Caleb, and others, Surveyors, &c. - - - - 589 

L. 

Lands in Maine to be sold to amount of 830,000, - - - '576 

Laws, new edition of, distribution and payment, - - - 581 

Legislature, pay for Members of, 580 

Leicester Academy, release of land to, - - - - - 581 

Lock, Ward, Assistant to Messenger of Governor and Council, 589 

M. 

Morey, Zilpha, authorized to sell real estate, - - - - 566 

P. 

Police Court to have Term Reports, 584 

Pool, Lucinda, estate of Holt granted her, - - . - 575 

Pynchon, Stephen, funeral expenses allowed, - - - - 582 

R. 

Reports, Term, allowed to Police Court of Boston, - - - 584 

Rowell, Lydia, Guardian, authorized to sell real estate, - - 578 

Stanton, Joseph, authorized to sell real estate, . . - 567 

State Prison, appropriation for, . . i - - - 588 

State House, repairs on, to be made, 586 

States, United, Agent to be appointed to present flaim on, - 586 

T. 

Taxes, granted for several counties, 585 

W. 

Wild, Jonathan, to sell real estate of E. Hay ward, - - - 573 

Worcester County, allowance to, of 55200, . _ . - 570 



G 

p 



RESOLVES 



OF 



THE GENERAL COURT 

OF THE 

Commontoealtl) of dllSa^^acliUjSettji. 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE TWENTY-EIGHTH DAY OF MAY, AND 
ENDED ON SATURDAY, THE FOURTEENTH DAY OF JUNE, ONE 
THOUSAND EIGHT HUNDRED AND TWENTY-THREE. 



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




BOSTON : 

PRINTED BY TRUE AND GREENE, PRINTERS TO THE STATE. 



1823. 



CIVIL GOVERNMENT 

OF THE 

COMMON WE \LTH OF MASSACHUSETTS, 

FOR THE POLITICAL YEAR 1823 24. 



HIS EXCELLENCY 



WILLIAM EUSTIS, ESQUIRE, 

GOVERNOR. 



HIS HONOR 

LEVI LINCOLN, ESQUIRE, 

LIEUTENANT GOVERNOR 



COUNCIL. 

HON. EBENEZER FISHER, 

« WILLIAM P. WALKER, 

' THOxMAS WESTON, 

' SOLOMON SMEAD, 

« NA.THAN CHANDLER, 

" ABRAHAM LINCOLN. 

" DAVID CUMMINS, 

* JESSE PUTNAM, 

" MARCUS MORTON, 



ALDEN BRADFORD^ ESQUIRE, 

SECRETARY OF THE COMMONWEALTH. 

HONORABLE NAHUM MITCHELL, 

TREASURER OF THE COMMONWEALTH. 

8S 



SENATE. 



HONORABLE NATHANIEL SILSBEE, 

PRESIDENT. 



SUFFOLK DISTRICT. 

Hod. Thomas H. Perkins, Hon. Samuel Hubbard, 

Peter C. Brooks, Thomas L. Winthrop, 

Benjamin Gorham, George Sullivan. 

ESSEX DISTRICT. 

Hon. Nathaniel Silsbee, Hon. Aaron Lummus, 

John Prince, William W. Parrott, 

Nathan Noyes, Moses Wingate. 

MIDDLESEX DISTRICT. 

Hon. William Austin, Hon. John Wade, 

Levi Thaxter, John Keyes. 

Joel Cranston, 

PLYMOUTH DISTRICT. 

Hon. Seth Sprague, Hon. Joseph Richardson. 

BARNSTABLE DISTRICT. 

Hon. Braddock Dimmick. 



SENATE. 619 

BRISTOL AED DUKES^ COUNTY DISTRICT. 

Hon. Oliver Starkweather, Hon. John Mason. 
James L. Hodges, 

NANTUCKET DISTRICT. 

Hon. Jethro Mitchell. 

WORCESTER DISTRICT. 

Hon. Benjamin Adams, Hon. Nathaniel Jones, 

Stephen P. Gardner, Nathaniel P. Denny. 

Aaron Tufts, 

HAMPSHIRE DISTRICT. 
Hon. Joseph Strong, Junior, Hon. Lewis Strong. 

BERKSHIRE DISTRICT. 

Hon. Jonathan Allen, Hon. George Hull. 

HAMPDEN DISTRICT. 

Hon. James Fowler, Hon. John Mills. 

FRANKLIN DISTRICT. 
Hon. Elihu Hoyt, Hon. Thomas Longley. 

NORFOLK DISTRICT. 

Hon. John Ruggles, Hon. Josiah J. Fiske. 

Sherman Leland, 



PAUL WILLARD, ESQ. Clerk. 

JOHN FARRIE, JR. ESQ. Assistant Clerk. 

REV. JAMES WALKER, Chaplain. 



HOUSE OF REPRESENTATIVES. 



HONORABLE WILLIAM C. JARVIS, 



SPEAKER. 



COUNTY OF SUFFOLK. 

Boston. William Phillips, 

William Sullivan, 
John Welles, 
John T. Apthorp, 
Samuel Cobb, 
Joseph Coolidge, 
William Prescott, 
William Tudor, 
Nathan Appleton, 
John Cotton, 
Samuel Swett, 
Eni>ch Silsby, 
George W. Otis, 
Jonathan Phillips, 
Joseph Austin, 
Heman Lincoln, 
Franris C Gray, 
Theodore Lyman, Junior, 
Pliny Cutler, 
Otis Everett, 
William Goddard, 
Cyrus Alger, 
Robert Fenelly, 
John A. Haven. 

Chelsea J Zachariah Hall. 



HOUSE OF REPRESENTATIVES. 6S1 



Ameshury, 
Andover, 

Beverly, 



^oxford, 

Bradfordf 

JDanoerSf 



GhnLCRSter, 
HamUton, 
Haverhill, 
Ipswich, 

LynUf 



Lynnfieldf 

Manchestpr, 

Marblehead, 



COUNTY OF ESSEX. 

Stephen Barker, 
Amos Spaulding. 
Robert Rantoul, 
Thomas Davis, 
Pyam Lovett, 
Oliver Obear. 
Solomon JLow. 

Ebenezer Shillaber, 
John Page, 
Nathan Poor, 
Nathaniel Putnam. 

Winthrop Sargent, 3d. 

Enoch Foote, 
John Choate, 
Joseph Farley. 
Ezra Mudge, 
Rufus Parrott, 
John L. Johnson, 
James Phillips, 
Thompson Burrell, 
Eleazer C. Richardson, 



Nathan R. Martin, 
Benjamin Knight, 
John Sparhawk, 
Asa Hooper, 
William Elliot. 



622 



HOUSE OF REPRESENTATIVES. 



Methuen, 


Stephen Barker. 


Middleton, 


Ezra Nichols. 


J^ewbury, 


Moses Little. 


JSTewhuryport, 


John Merrill, 


i 


John Coffin. 


Howley, 


Thomas Grage, 


Salevfif 


Gideon Barstow, 




Joseph Ropes, 




John Osgood, 


' 


Timothy Bryant, 




Michael Webb, 




John Andrews, 




Nathaniel Frothingham 


Salisburyf 


Ephraim Morrill. 


Sau^us, 


Jonathan Makepeace. 


Topsjieldy 


Ephraim Wildes. 


Wenham, 




West J^Tewbury, 


Joseph Stan wood. 


COUNTY OF MIDDLESEX. 


Acton, 


Francis Tuttle. 


J-shby, 


John Locke. 


Bedford, 


William Webber. 


Billericay 


Samuel Whiting. 


Brighton^ 


Francis Winship. 


Burlington, 




Cambridge, 


Levi Farwell. 


Carlisle^ 


John Heald. 


Charlestown, 


Seth Knowles, 




Thomas Harris, 




Philemon K. Russell, 




John H. Brown, 




James K. Frothingham, 


, 


Richard Devens. 



Chelmsfordf 



HOUSE OF REPRESENTATIVES. 



63^ 



JDracnt, 

Dunstable, 

East Sudbury, 

Framingham. 

GrotoUf 

Holliston^ 

Hopkinton, 

Lexington^ 

Lincoln, 

Littleton, 

Maiden^ 

Marlborough. 
Medford, 

JS*atickf 
JS/'ewton, 
Pepperell, 
Reading, 

Sherburne, 

Shirley, 

South Reading, 

Stoneham, 

Stow and Boxborough, 

Sudbury, 

Tewlcsbury, 

Townsend, 

Tyngsborough, 

ifalthamp 

Watertown, 

West Cambridge, 
83 



Daniel C. Abbot. 
Josiah Cumraings. 
Micah M. Rutter. 
Charles Train. 



Joseph Valentine, 
Nathan Chandler. 
Joel Smith. 
Jonathan Manning. 
Nathan Nichols, 
Cotton Sprague. 
Silas Felton. 
Abner Bartlett, 
Dudley Hall. 

Joseph Jackson. 
Abel Jewett. 
Edmund Parker, 
George Flint. 
Calvin Sanger. 

John Hart. 
Peter Hay. 
Augustus Tower. 
Abel Wheeler. 

Aaron Warren. 

Luke Fiske, 
Charles Lyman. 
Abijah White. 
Thomas Russell. 



624 HOUSE OF REPRESENTATIVES, 



Wesfford, 
Weston, 
Wilmington^ 
Wohiirn, 



Jesse Minot. 
Nathan Hobbs. 



Marshall Fowle. 
COUNTY OF WORCESTER. 



AsJiburnham, 

JLthol, 

JBarre, 

Berlin, 

Bolton, 

Boylston, 

Brookjield, 

Charlton, 

Dana, 

Douglas, 

Dudley, 

Fitchhurg, 

Gardner, 

Grafton, 

Hardwick, 

Harvard, 

Holden, 

Hubbardston, 

Lancaster, 

Leicester^ 

heominster, 

Lunenburg, 

Mendon, 



Millford, 

Milbury, 

JVew Braintree, 

JVorthborough, 

JS/'orthbridge, 



James Humphreys. 
Lyman Sibley. 
Amos Sawyer. 
Bernard Nurse. 
Aaron White. 

James Boomer. 
ApoUos Johnson. 

John Brown. 
Joseph Downe, ji. 

Cyrus Leland. 
Joseph Stone. 
Calvin Haskell. 
Samuel Daman, 

Jacob Fisher. 



Daniel Thurber, 
Jonathan Russell^ 
fesek. Pitts. 
Perley Hunt. 
Asa Waters. 
David \V ait. 
James Keyes. 



HOUSE OF UEPRESENTATIVES. 625 



jYorth Brookfieldf 

Oakham, 

Oxford, 

Paxforif 

Peter sham y 

Princeton^ , 

Royalstun, 

Phillipston, 

Rutland, 

Shrewsbury, 

Southborough. 

Southbridge, 

Spencer, 

Sterling, 

Sturbridge, 
Sutton, 

Templeton, 

Upton, 

Uxbridge, 

Ward, 

Westhorough, 

West Boylston, 

Western, 

Westminster, Jonas Whitney, 

Timothy Doty. 

Winchendon, Isaac Morse. 

Worcester, Abraham Lincoln, 

William Eaton, 
Samuel Harrington. 

COUNTY OF HAMPSHIRE. 

Amherst, Isaac Bobbins. 



Charles Henshaw. 
William Cravviord. 



Hutchins Hapgood. 
Ephraim Myrick, jr. 
Squire Davis. 



Dexter Fay. 
Oliver Hooker. 
Rufus Adams. 
James Wilder, 
Luther Rugg. 

Elisha Hale, 
Abner Chase. 
Benjamin Reed. 

Bezaleel Taft, jr. 



6S6 



HOUSE OF REPRESENTATIVES. 



SpJrhertowjif 

Chesterfield^ 

Cummington^ 

EasthamptoUf 

Enfield^ 

Granhy. 

Goshen, 

Greenwich f 

Hadley, 

Hatfield, 

Middlefield, 

jyTorthamjpton, 

JYorwich, 

Pelham, 

Plainfield, 

South Hadley, 

Southamptonf 

Ware, 

JVesthampton, 

Williamsburg, 

Wbrthington, 



James Whitman. 
Alvin Rice, 

Thadeus Clap. 
KpUraim ichards, 
Nathaniel Cooledge, jr. 



Moses Porter. 



Nathaniel Fowle, 
Samuel Kirkland, 

John Hamlen, 
Josiah Bardwell, 



Joseph Kingsley, jr. 
Jonah Brewster. 



COUNTY OF HAMPDEN. 



Blanford, 

Brimfield, 

Chester, 

Granville, 

Holland and S, Brimfield, 

Monson, 

Holland, 

Longmeadow, 

iMdlowy 



Alanson Knox. 
John Wyles. 
Horace Smith. 
Joel Root. 
Alvin Needham. 
LutUer C^ter. 



HO^SE OF REPRESENTATIVES. 6S7 



West Springfield, 


Luke Parsons, 




Joaathaa E. Ferre, 




Alfred Flower, 




Daniel Merrick. 


Montgomery, 


Orea Parks. 


Palmer, 




Mussell, 




South Brimfieldf 




Southivickf 


Gideon Stiles. 


Springfield, 


Justice Willard. 


Wilhraham^ 




Tolland, 


Samuel Hamilton. 


Westfield, 


Alfred Stearns, 




Elijali Arnold. 


COUNTY OF FRANKLIN. 


^shfield, 


Dimock Ellis. 


Benfiardston^ 




Buckland, 




Charlemont, 


Sylvester Maxwell. 


Colerain, 


Robert L. M'Latlen 


Conway, 




Deerfieldj 


Rufus Saxton. 


Gill, 




Greenfield, 




Hawley^ 




Heath, 


Bphraim Hastings. 


Leverett, 




Leyden, 




Monroe, 




Montague^ 




JYew Salem^ 


Varney Pierce. 


^''orthfield, 


/ 


Orange, 


Parley Barton. 



628 HOUSE OF REPRESENTATIVES. 



Howe, 

Shelhurne, 

Shutesbury, 

Sunderlandf 

Warwick^ 

Wendell, 

Whately, 

Ervih^s Grant, 



John Thomas. 



Caleb Mayo. 



COUNTY OF BERKSHIRE. 



*AdamSf 



Alford, 

Beckett 

Cheshire, 

Clarksburg, 

Dalton, 

ICgremont, 

Florida f 

Great Barrington, 

Gore, 

Hancock, 

Hinsdale, 

Lanesbo rough, 

Lee, 

Lenox, 

Mount TVashinglon, 
J\*ew Ashford, 
^ew Marlborough^ 
Otis, 
Peru, 



Richmond Brown, 
William E. Brayton. 

George Conaut. 
Francis Fiske. 

David Carson. 
Levi Hare. 

Benjamin Rogers. 

Rodman Hazard. 

Truman Tyrrel, jr. 
John Nye, jr. 
I.. Bassett. 
Daniel Williams, 
William P. Walker. 



Solomon Kasson. 
Samuel Picket. 



HOUSE OF REPRESENTATIVES 



629 



Pittsjield, 



Michmovd, . 
Sandisjield, 
Savoy, * 

Sheffield, 
Stock Bridge^ 
Tyringham, 
Washington f 
West Stockhndge, 
Williamsioivrif 
Windsor, 



COUNTY 



Bellingham. 

Biminfree, 

Brookline, 

Canton, 

Coh asset, 

Dedham, 



Dorchester, 
Foxborough, 
Frank 'in, 

Medji(4d and Dover, 
Miltuny 

Medway, 
JVecdhanif 
Qui lie y, 



William C. Jarvis, 
Samuel M. VIcCay, 
Daniel B. Bush, 
Orin Goodrich. 
Nathan Pierson, jr. 
Ja!>ez Bosworth. 
William Ingraham. 
Moses Stocking. 
Isaac Curtis, jr. 
Silas Uevvee. 
Abraham Williams. 
Luther Plumb. 
Keycs Danforth. 
John Forbes. 

OF NORFOLK. 

Amos Hill. 
Minot Thayer. 
John Robinson. 
Jonathan Leonard. 

William Ellis. 
Abner Ellis, 
Plijiy Bingham. 
Henry Gardner. 
John Sherman. 
Lewis Fisher. 
William Felt. 
William Pierce, 
Barney Smith. 
Seneca Barber. 

Edward Miller. 



630 HOUSE OF REPRESENTATIVES. 



Mandolph, 
Moochury, 



Sharon, 

Stoughtorif 

Walpole, 

TVeymovthf 

Wrentham, 

Attlehorough, 

Berkley, 

Dartmouth, 

Dighton, 

Easton, 

Fairhaven, 



Freetown, 

Mansfield, 
J^ew Bedford, 



J^orton, 

JRaynham, 

Rehohothf 

Seekonic, 

Somerset, 



Seth Mann, 
Luther Thayer. 
Ebenezer Seaver, 
Abijah Draper, 
Paul Gore, 
Isaac Davis, 
Samuel Hewtfs. 
Enoch Hewins. 
John Drake. 
Harvey Clap. 
Levi Bates. 
Jairus Ware. 

COUNTY OF BRISTOL. 

Ebenezer Daggett. 

Thomas Almy. 
William Wood. 
Howard Lothrop. 
Joseph Tripp, 
James Taber, 
Noah Stoddard. 
Hercules Cushman, 
Job Morton. 
Solomon Pratt. 
Lemuel Williams, jr. 
Thomas Rotch, 
John A. Parker, 
William Hathaway, 



Robert Daggett. 



HOUSE OF REPRESENTATIVES. 



631 



Sivanzey, 


Benanuel Marvel. 


Taunton, 


Cromwell Washburn 


Troy, 


William B. Canedy. 


TVestport, 




Wellington, 


Joseph Gooding. 


COUNTY OF PLYMOUTH. 


Mington, 




Bridgewater, 




Carver, 




Duxbury, 


Isaiah Alden, 




Samuel A. Frazer. 


Halifax, 


Thomas Drew, jr. 


Hanover, 


Reuben Curtis. 


Hingham, 


Jedediah Lincolu; 




John Leavitt, 




Isaiah Wilder. 


Hanson, 


Thomas Hobart. 


Hull, 




Kingston, 


John Sever. 


Marahfield, 


Joseph Clift Jr. 


Middleborough, 


Isaac Stevens. 


J^orth Bridgewater, 


Howard Carey 


Pembroke, 




Plympton, 




Plymouth, 


Barnabas Hed§e. 


Rochester, 


Philip Crandon. 


Scituate, 


Charles Turner. 


Wareham, 




West Bridgewater. 




COUNTY OF BARNSTABLE. 


Barnstable, 


Jonas Whitman, 




Benjamin Hallet, 




William Lewis. 



84 



633 HOUSE OF REPRESENTATIVES. 



Brewster, 

Chatham, 

Dennis, 

Eastham, 

Falmouth, 

Harwich, 
Orleans, 
Provincetown, 
Sandwich, 



Truro, 
Wellfleet, . 
Yarmouth, 



Chilmaric, 
Edgarton, 
Tisbury, 



Isaac Foster. 



Samuel Freeman. 
Thomas Fish, 
Francis Weeks. 
Mathan Underwood. 



Russell Freeman, 
Elisha Pope, 
Benj. Burgess. 

Reuben Arey. 
James Crowell. 

DUKES' COUNTY. 

William Jernegan. 



COUNTY OF NANTUCKET. 

JVantucket, Gideon Folger, 

Uezekiah Barnard^ 



PELHAM W. WARREN, Clerk. 
REV. WILLIAM JENKS, Chaplain. 



JACOB KUHN, Messenger to the General Court. 
ELIJAH W. CUTTING, Assistant Messenger. 
THOMAS P. RIDER, ^age to the House. 



RESOLYES 



TxENERAL COURT OF MASSACHUSETTS, 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE TWENTY-EIGHTH DAY OF MAY, AND 

ENDED ON SATURDAY THE FOURTEENTH DAY OF JUNE, ONE THOUSAND 

EIGHT HUNDRED AND TWENTY-THREE. 



GOVERNOR'S SPEECH. 



REPRESENTATIVES' CHAMBER, JUNE 4, 1823. 

Jit noon., agreeably to assignment., the two Houses assem.' 
bled in Convention, when His Excellency the Governor 
came in., preceded by the Sheriff of Suffolk., and attended 
by His Honor the Lieutenant Governor, the Honourable 
Council, and the Officers of State ; and delivered the 
following 

SPEECH. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 
I congratulate you on the return of this Anniversary, 
on this assemblage of the several branches of Government 
and on the blessings of health, peace and prosperity which 



634 GOVERNOR'S SPEECH. 

it has pleased God to continue to us. Honored by the suf- 
frages of our fellow-citizens and entering on the several 
duties assigned to us by the Constitution, we should bear 
constantly in mind, that to preserve and promote the inte- 
rest and happiness of the great body of the people, is the 
sole object of our appointment and the only legitimate end 
of all good government. 

The change of political sentiment evinced in the elec- 
tions of the present year forms a new era in the history of 
this Commonwealth. By the free suffrages of her enlight- 
ened and independent citizens, this ancient and respectable 
state is restored to the confidence of her sister states and 
to her just influence in the national councils — has resumed 
her station as an efficient member of the confederacy, and 
added strong guarantees to its energy and permanency. 

The long continued opposition to the federal govern- 
ment, but more especially the measures pursued in this 
state during the eventful and critical period of the late war, 
the withholding from the General Government, the consti- 
tutional means of defence — the paralising influence exer- 
cised over the means and agents of that Government, which 
occasioned double sacrifices of life and treasure ; while the 
citizens of other states were exerting their utmost energies 
against a common enemy, when a gallant army and navy 
were covering themselves with glory, and retrieving, and 
establishing on an imperishable basis, the national charac- 
ter on the ocean and on the land, — at this portentous cri- 
sis, when our liberties and independence were at hazard — 
an unhallowed spirit of party was permitted to prevail over 
the vital interests of the country — an authorised combina- 
tion was formed, and meetings held in a neighbouring state 
which, whatever may have been the professed object, had 
the certain effect of encouraging the enemy, of discourag- 



GOVERNOR'S SPEECH. 635 

ing and impairing the means and resources of the country, 
and of alienating the minds of the citizens from " that uniiv 
of government," which, in the emphatic language of Wash- 
ington, " constitutes us one people, is the main pillar in the 
edifice of our real independence, the support of our tran- 
quility at home, our peace abroad, of our safety, of our pros- 
perity, of that very liberty which we so highly prize." — 
These measures and this course had cast a reproach on the 
good name of the state, which is now disavowed and re- 
moved. Massachusetts is at length restored to the Ame- 
rican family. Her character is redeemed in the estimation 
of the patriots of our own country and of every statesman 
in Europe. The rising generation, who could have had no 
agency in this disloyal course appear to have taken an hon- 
orable and an earnest interest in its disavowal. 

That this is a just cause of joy and congratulation will 
be admitted by all honest, independent minds, to whatever 
political party they may have been attached, by every one 
who takes an interest in the reputation of his native state, 
who appreciates the virtue of his ancestors, who traces in 
the history of our glorious revolution the dear bought fame 
of their descendants, and who values the precious legacy 
which they have transmitted to posterity. 

This review of the past is not intended to renew conten- 
tions or to rekindle animosities which have too long disturb- 
ed the public mind, still less to revive a spirit of party, the 
decline of which is favored by the circumstances of the 
country and by the very liberal spirit which appears to 
pervade the community ; but that from the past, useful les- 
sons may be derived to direct the future — that we may be 
induced to cultivate a spirit of concord, to cherish a love 
of country, to look to the confederacy as the ark of our po- 
litical safety, to extend to the General Government a pro- 
per confidence, to m,aintain the constitutional powers and 



636 GOVERNOR'S SPEECH. 

riffhts of the State Governments in their full extent, to frame 
and administer the laws with a single eye to the public 
good, and to render equal justice to all men. 

The anxious eyes of enlightened Statesmen in every 
quarter of the globe are directed to observe the progress 
of civil liberty in this country. Our education and habits, 
acquired in our primary schools, where the children of al^ 
have equal access to the means of knowledge and informa- 
tion and in which the moral force of the whole community 
is brought forth, furnish a cement to the physical strength 
derived from the labours of the husbandman, the mechan- 
ic, the mariner and the manufacturer, and hold together 
the humble, the middling and the rich in one indissoluble 
bond of mutual interest. This keystone of our political 
arch, laid by our venerable Ancestors, sustained them in 
all their conflicts, carried us triumphantly through the 
''evolutionary war, became a substitute for means and re- 
sources deemed indispensable by other nations, and remains 
to us a column of strength unknown in ancient or modern 
times. 

The bill of rights, which makes a part of our Constitu- 
tion, declares, that 

" A frequent recurrence to the fundamental principles of 
t' the Constitution, and a constant adherence to those of pi- 
'' ety, justice, moderation, temperance, industry and frugal- 
'' ity, are absolutely necessary to preserve the advantages 
" of liberty, and to maintain a free government." 
The same instrument provides, that 

" Wisdom and knowledge, as well as virtue, diffused 
" generally among the body of the people, being necessary 
" for the preservation of their rights and liberties, and as 
" these depend on spreading the opportunities and advan. 
" tages of education in the various parts of the country and 



GOVERNOR'S SPEECH. ' 637 

" among the different orders of the people, it shall be the 
" duty of the Legislatures and Magistrates in all future pe- 
" riods of this Commonwealth, to cherish the interests of 
^' literature and the sciences, and all the seminaries of them, 
" especially the University at Cambridge ; public schools 
" and grammar schools, in the towns ; to encourage private 
*' societies and public institutions by rewards and immuni- 
" ties, for the promotion of agriculture, arts, sciences, com- 
" merce, trades, manufactures and the natural history of 
" the country ; to countenance and inculcate the principles 
" of humanity and general benevolence, public and private 
" charity, industry and frugality, honesty and punctuality 
" in their dealings, sincerity, good humour and all social 
" and generous affections among the people." 

By recurring to these principles, which in their nature 
and origin are democratic, which form the basis and true 
conservative power of all our constitutions, both state and 
federal, observing the injunctions and cherishing the libe- 
ral and generous sentiments here inculcated, the several 
branches of government will, with the blessing of heaven 
on their endeavors, fill their respective circles of duty sat- 
isfactorily to themselves and acceptably to their constitu- 
ents. — The example of wisdom and moderation exhibited 
by the distinguished citizen, who has retired to the walks 
of private life, after having filled the Chair of State for the 
last seven years, in a manner which has added lustre to his 
revolutionary fame, falls with peculiar force on his imme- 
diate successor. 

On a first accession to the government and in a session, 
which convenience and custom have rendered short, it will 
not be expected that many subjects will be proposed or 
acted upon. The multiplication or alteration of the laws 
should be avoided as far as public convenience will admit- 



638 GOVERNOR'S SPEECH. 

Instances will, however, occur, requiring the interposition 
of the Legislature, of which they will judge. 

The Militia, the great bulwark of our defence, deserving 
at all times attention and support, is, at this period, enti- 
tled to peculiar consideration. Experience has taught us, 
that in wars between European nations the maritime 
rights of this country are disregarded, and we have been 
compelled to support them by force. From present ap- 
pearances there is great reason to apprehend the same 
course and the same consequences : to be prepared for 
them is a dictate of sound policy. The national govern- 
ment will provide the means of protection on the ocean, 
and is making annually valuable additions to our stock of 
military knowledge by a well regulated academy, and it 
remains with the States to cultivate and improve their Mi- 
litia. It may be affirmed without fear of contradiction, 
that the population of the United States from the first set- 
tlement of the country to the present day, has never afford- 
ed five thousand native citizens who will voluntarily enlist 
in the regular service, in time of peace, unless there is a 
well-founded expectation of immediate hostilities. This 
circumstance, so illustrative of the abundant means of re- 
warding labor and enterprise and of raising our youth to 
higher destinies, admonishes us of the necessity of cher- 
ishing a spirit of discipline among the great body of the 
people, and proves at the same time, that the militia is, in 
the first instance at least, our right, our only efficient arm 
of defence. 

The state of the Treasury will necessarily command at- 
tention. When it shall be ascertained, the Legislature 
will be enabled to determine whether any reduction in the 
expenditures is required. 



GOVERNOR'S SPEECH. 639 

An adjustment of the claim of this Commonwealth on 
the government of the United States for services rendered 
bj- the Militia during the late war, must be of great impor- 
tance to our finances. When it shall have been examined 
a statement will be made, in order that the Legislature 
may judge of the expediency of any further proceedings 
on their part. 

In all measures for the promotion of the common inter- 
ests, I shall, at all times, be happy to co-operate. 

WILLIAM EUSTIS. 



85 



ANSWER OF THE SENATE. 



May it please your Excellency, 

The Senate unite most cordially "with your Excel- 
lency in the grateful recognition of the distinguished bles- 
sings, which this Commonwealth is permitted to enjoy. 
Fully concurring with your Excellency in the principles 
upon which the government of this Commonwealth ought 
to be administered, this branch of the Legislature will 
adopt with firmness and independence, the wisest and best 
measures, as far, as may be, in the just confidence, that an 
intelligent and high minded people will consider the duties 
of this body best discharged, when the general interest is 
most extensively secured. 

It is truly a subject of congratulation for the people of 
this state, that the administration of its government is 
avowedly in unison with that of the nation ; and while the 
great body of the people of the Commonwealth regret that 
it has ever been otherwise, they rejoice in the satisfaction, 
now felt, that all differences in sentiments, in feelings and 
interests, between this state and the nation, are in course 
of amicable coincidence and adjustment. 

The Senate cannot but concur with your Excellency in 
the eminent utility of an occasional review of the past. 
They sincerely believe that your Excellency, in adverting 
to certain events connected with the late war, which now 



ANSWER OF THE SENATE. 641 

unfortunately make a part of the history of this state, has 
done it with an honest desire, that " from the past, useful 
lessons may be derived to direct the future," for the pub- 
lic good. When therefore the events are spoken of, let 
them be regarded as an historical monument for the ad- 
monition of those in whom the people confide, that a peri- 
od of accountability will arrive, when they who advise, 
must respond for the skill and judgment, with which they 
have directed the affairs of state. Let them be regarded 
also as a monument for the instruction of the people ; that 
implicit confidence in any man, or set of men, is the sur- 
render of a freeman's birth right, — freedom of opinion and 
of suffrage — that the affairs of government are not beyond 
the comprehension of the people, and it is their duty to 
themselves and their children, calmly and honestly to in- 
vestigate the tendency and consequences of all important 
measures. And while the people profit in the contempla- 
tion of this monument, they will perceive many reasons 
for reciprocal forbearance and forgiveness among them- 
selves ; they will remember that no human being is always 
right ; that the frank disavowal of error is manly ; and that 
those men only are inconsistent, whose actions are at var 
riance with their principles. 

In the spirit of harmony and union which so happily 
prevails in the nation, there is reason to believe that the 
people of this state, especially the rising generation, will 
ardently unite in cherishing national feelings, national pride 
and an exalted sense of national honor ; commingling how- 
ever with these and maintaining, a just sense of the digni- 
ty and welfare of this commonwealth. 

A recurrence to the fundamental principles of the con- 
stitution is at all times useful ; and in fulfilling this duty at 
the present time, the Senate are gratified in acknowledg- 



642 ANSWER OF THE SENATE. 

ing the constitutional obligation of cherishing, in an espe- 
cial manner, the Univerity at Cambridge ; so early the ob- 
ject of solicitude and munificence with the founders of this 
Commonwealth ; so justly the object of pride and venera- 
tion with their descendants. But the obligation of chel*. 
ishing primary schools and other seminaries of learning 
and religion, is not less imperative on the legislature of 
this state. 

In the recollection of the many virtues which rendered 
your immediate predecessor eminent among patriots, a just 
tribute of gratitude and respect will be paid by all hearts 
throughout the Commonwealth. Amidst the conflicts of 
party, his counsels breathed the spirit of moderation, and 
his voice was ever on the side of the nation's honor. His 
services, like the influence of his manners, will be long felt 
and remembered in this Commonwealth ; but in no in- 
stance more eminently, than in the conduct of our military 
institutions. Coinciding with him, as your Excellency 
does, in the high importance of maintaining the militia as 
the only safe means of defence and security, the Senate 
with great pleasure anticipate that its efficiency and its in- 
fluence on the morals, the habits of order and subordina- 
tion which have marked its progressive improvement, will 
exalt its offices still higher a§ objects of honorable ambi- 
tion to the rising generation. , 

In respect to the fiscal concerns of this Commonwealth, 
it is considered that they who bear the taxes have the right 
to exact of their Representatives and agents, that the ex- 
penditures of public monies shall never be of doubtful ex- 
pediency; and this body will watch over this object of 
legislation with fidelity and with due regard to that wise 
frugality which is enjoined by the constitution. 



ANSWER OF THE SENATE. 643 

The Senate will be ever ready to co-operate with your 
Excellency in any measures for the public good. Among 
the various objects of interest, none is of more moment to 
the fiscal concerns of the Commonwealth, than the early 
adjustment of the claim on the United States for services 
rendered by the militia during the late war. It is hoped 
that objections hitherto made to the allowance of these ex- 
penditures, will be considered as removed, and that the 
general government of the Union, will perceive a proprie- 
ty in making an early and amicable arrangement of the 
subject with this Commonwealth. 

In reiterating their assurances of cordial co-operation 
with your Excellency in all measures for the public good, 
the Senate beg leave to superadd, that they shall emulate 
the firmness and independence with which, it is confidently 
believed, your Excellency will discharge the various and 
arduous duties of the office, to which you have been elect- 
ed by the free suffrages of a free and sovereign people. 



ANSWER OF THE HOUSE. 



May it please your Excellency^ 

The House of Representatives reciprocate your 
Excellency's congratulations on the return of this our an- 
niversary and its concomitant blessings ; and we trust, that 
in the discharge of the duties assigned to us by our con- 
stituents, vi^e shall have a single eye to the interest and 
happiness of tl\e people. 

The change of political sentiment, evinced in the late 
elections, forms indeed a new era in the history of our 
Commonwealth : It is the triumph of reason over passion ; 
of patriotism over party spirit. Massachusetts has return- 
ed to her first love, and is no longer a stranger in the 
Union. And it is with peculiar pleasure we recognize in 
her chief Magistrate,' one who contended first for the free- 
dom and independence of these States, and afterwards for 
the continuance of their sovereignty and existence as a na- 
tion, and whose whole life has been devoted to his country* 

We rejoice that though during the last war, such meas- 
ures were adopted in this state, as occasioned double sa- 
crifice of treasure and of life, covered the friends of the 
nation with humiliation and mourning, and fixed a stain on 
the page of our history, a redeeming spirit has at length 
arisen to take away our reproach, and restore to us our 
good name, our rank among our sister states, and our just 



ANSWER OF THE HOUSE. 645 

influence in the Union. And while we rejoice that the ris- 
ing generation, who could have had no agency in these 
measures, appear to have taken so earnest and so honour- 
able an interest to redeem our character ; we rejoice also 
that our redemption has come while most of those whose 
heads were bowed down with affliction, are yet in exis- 
tence, and can once more look up and behold the cheering 
light which shines on their native state. 

Though we would not renew contentions or irritate wan- 
tonly, we believe that there are cases when it is necessary 
we should " wound to heal." And we consider it among 
the first duties of the friends of t)ur national government? 
on this return of power, to disavow the unwarrantable 
course pursued by this state, during the late war, and to 
hold up the measures of that period as beacons ; that the 
present and succeeding generations may shun that career 
which must inevitably terminate in the destruction of the 
individual, or the party, who pursues it ; and may learn 
the important lesson that, in all times, the path of duty is 
the path of safety ; and that it is never dangerous to rally 
around the standard of our country. 

With your Excellency, we are sensible that the eyes of 
the world are on Americans, noting the progress of civil 
liberty. In no part of our country is a prouder display of 
the means of knowledge and information, than in Massa- 
chusetts ; nor are the effects less strikingly exhibited in 
the intelligence and moral habits of the people. Jt is 
therefore both our duty and our pleasure, to foster all our 
literary institutions, especially our " public schools, and 
grammar schools in the towns," as enjoined upon us in the 
bill of rights. And we trust the foundations of literature 
. and the sciences ', of religion and morality, which have 
been laid so broad and deep by our venerated ancestors 



646 ANSWER OF THE HOUSE. 

will not be undermined or removed until long after we, 
and our children, and their posterity, for ages yet to come, 
shall have slept with our fathers. 

The House of Representatives appreciate the wisdom 
and moderation of your Excellency's predecessor, who is 
followed to his retirement with the gratitude of this whole 
people. They will never forget his personal sacrifices and 
services in the war of the revolution ; and the sacrifice of 
a son, who bore up his name in " the late war that termi- 
nated with so much glory to our nation." We are sensi- 
ble of the expediency of a short session at this time ; and 
the inexpediency at all times of a needless alteration or 
multiplication of the laws. But we shall endeavor to inter- 
pose in such cases as may require our attention. 

The sentiments of your Excellency concerning the mili- 
tia, are deserving of particular attention. Impressed with 
the importance of the subject, at an early day of the ses- 
sion, a committee was raised to deliberate and report on it ; 
and in due time we shall give it that attention and support, 
which it is entitled to at all times, and especially the pre- 
sent. The battles of Lexington, Bunker-Hill, Bennington, 
and New-Orleans, will forever remain recorded monuments 
that the militia is the bulwark of our defence. 

The House of Representatives will make due enquiry 
into the state of the Treasury, and the expediency of a 
reduction in the expenditures. 

There is no subject connected with the finances of the 
State, which excites a more general and lively interest, 
than that of an adjustment of the claims of this Common- 
wealth, on the government of the United States, for ser- 
vices rendered by the militia, during the late war ; and, 
we shall be happy to co-operate with your Excellency in 
this, and all measures for the advancement of the common 
interests, and the promotion of the general good. 



GOVERNOR'S MESSAGE. 647 

CHAP. I. 

Gentlemen of the Senate^ and 

Gentlemen of the House of Representatives, 

The Secretary will lay before you, a report made by 
the Commissioners, under the act relating to the separa- 
tion of Maine from Massachusetts proper, and forming the 
same into a separate and independent State, together with 
certain documents, by which the Legislature will learn the 
further progress which has been made in the execution of 
the commission. 

The division and assignment of the whole of the person- 
al property appears now to be completed, and so much of 
the lands as are situated within any former locations or 
surveys. 

As the communication of the Commissioners to the Ex- 
ecutive contemplates the expediency of some Legislative 
attention to the subject, the papers are transmitted for 
your consideration, previously to their being deposited 
with the archives of the State. 



WILLIAM EUSTIS. 



Council Chamber^ June bth^ 1823. 



CHAP II. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

A resolution passed by the Legislature of the State of 
New-York, in April last, on a proposition of the Legisla- 
ture of Pennsylvania, to amend the Constitution of the 
United States, touching the power of Congress to erect 
or incorporate Banks, has been lately received ; and as 
requested by the Governor of the State of New-York, I 
now transmit the same, by the Secretary. 

WILLIAM EUSTIS. 

Council Chamber, June Qth, 1823, 
86 



648 PAY OF MEMBERS.— W. PERKINS. 



CHAP. III. 

Resolve fixing the pay of the Members of the Legislature. 
June 7tli, 1823. 

Resolved^ That there be paid out of the public Treasury 
of this Commonwealth to each Member of the Council, 
Senate, and House of Representatives, two dollars for each 
and ever}'^ day's attendance at every session, during the 
present political year, 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, at each session thereof. 

And be it further Resolved, That there be paid to the 
President of the Senate, and Speaker of the House of 
Representatives, each, two dollars for each and every 
day's attendance, at every session during the present polit- 
ical year, in addition to their pay as Members. 



CHAP. IV. 

Resolve on the Petition of W. Perkins. - 
June 9th, 1823. 

On the Petition of Warren Perkins, of Reading, in the 
County of Middlesex, stating that he is administrator on 
the goods and estate of Jethro Richardson, late of said 
Reading, deceased, intestate, that it became necessary to 
sell all the real estate of said deceased, for the payment of 
his debts, that on the eighth day of January, A. D. 1822, he 
obtained license from the Judge of Probate of the County 
of Middlesex, to sell said real estate, and that, pursuant 
to said license, he took the oath, advertised and sold, said 
real estate, agreeable to the requisitions of the law : But, 
he has been unable to procure an original advertisement, 
or a copy of the same, to file with his affidavit of his pro- 
ceedings relative to the sale of said real estate in the Pro- 
bate Office, according to law : Therefore, 



WILLIAM CONEY. 649 

Resolved^ that the said Warren Perkins have leave at 
any time within three months from the time of passing this 
resolve to file ih the Probate Office, in said County, an af- 
fidavit of his proceedings relative to the sale of said real 
estate, accompanied with an affidavit of Edmund Parker of 
said Reading, Esquire, stating that mOre than thirty days 
previous to the sale, which was on the twenty-sixth day of 
March, A. D. 1822, he wrote advertisements at the request 
of said Perkins, relative to the time and place of sale of 
said real estate, and that he afterwards saw one of them 
posted up in said Reading ; and also with the affidavit of 
Joshua Prescott of said Reading Esquire, that he also saw 
advertisements of the sale of said real estate, in said Read- 
ing at several times previous to said time of sale, and also 
in Cambridge in said County, which affidavit when so fil- 
ed, accompanied with the aforementioned affidavit, shall 
have the same force and effect as if it had been accompan- 
ied with an original advertisement or a copy of the same. 



CHAP. V. 

Resolve on the petition of William Coney of Charlemont. 
June 9th, 1823. 

Resolved^ For reasons set forth in said petition, that Ro- 
ger Leavett and William R. Bates, administrators on the 
estate of Doctor Stephen Bates, late of said Charlemont, 
deceased, be, and they hereby are authorised and empow- 
ered to convey the piece of land mentioned and described 
in said petition, to the said William Coney, his heirs and 
assigns, by deed duly executed, on receiving from the said 
William the amount of principal and interest due on his 
note to the said Stephen Bates, as mentioned in his said 
petition. And the said administrators shall be holden to 
account to the Judge of Probate, for the County of Frank- 
lin, in the settlement of their account of administration, for 
^the amount they shall receive of the said William on his 
said note : Provided^ that Samuel Avery, the husband of 
one of the heirs to said estate shall express on the deed 
his consent to said conveyance. 



650 GLOU. CANAL.— WARD. S. PRISON. 

CHAP. VI. 

Resolve respecting Shares in the Gloucester Canal. 
June 9th, 18S3. 

Resolved, That His Excellency the Governor be, and he 
hereby is authorised and empowered, by and with the advice 
of Council, to draw his warrant on the J'reasurer of this 
Commonwealth, for all such sums as he may ascertain to have 
been regularly and legally assessed on the thirty Shares 
which have been subscribed by the Treasurer, in behalf of 
the Commonwealth in the Gloucester Canal Corporation, in 
pursuance of an act of the Legislature, passed the 1 6th day 
of February, 1822. 



CHAP vir: 

Resolve on the petition of the Warden of the State Prison. 
June 11th, 1823. 

On the memorial of the Warden of the State Prison — For 
reasons stated in said memorial : 

Resolved, That there be paid out of the Public Treasury, 
for the use of the State Prison, the sum of three thousand 
dollars, to be drawn from the Treasury, by the Warden of 
said prison, in such sums as the Directors shall, from time 
to time direct ; and His Pxcellency the Governor, with the 
advice of Council, is hereby requested to draw his warrant 
on the Treasurer for said sums accordingly. 



CHAP. VIIL 

Resolve authorising the Treasurer to borrow Money. 
June ISth, 1823. 

Resolvedf That the Treasurer of this Commonw ealth be, , 
and he is hereby authorised and directed to borrow of any of 



MESSAGE—BALLARD & WRIGHT. 651 

The banks in Boston^ or within this Commonwealth, 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 pay any 
sum he may borrow as soon as money sufficient for the pur- 
pose and not otherways appropriated, shall be received into 
the treasury. 



CHAP IX. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

1 transmit by the Secretary, a copy of a Report of Council, 
made on the 29th of May last, stating the progress which has 
been made in rebuilding and repairing the wall of the State 
Prison yard, and the expenses attending the same. 

It appears the work is not entirely complcated, and that 
some debts contracted for in the course of the same have not 
yet been paid; and that the further sum of four thousand six 
hundred and thirty dollars and thirty-one cents will be ne- 
cessary to finish the wall, and to provide for the expenses al- 
ready incurred and unpaid. 

WILLIAM EUSTIS. 

June i2th, 1823. 



CHAP. X. 

Resolve appointing Ballard 5f Wright State Printers, 
June 13th, 1823. 

On the Petition of Ballard & Wright, of Boston, in the 
County of Suffolk, praying to be appointed and employed as 
publishers of the Laws, Resolves and other Acts of the Gen- 
eral Court, the ensuing year : 



65g DANIEL SAFFOUU. 

Resolved, That the said Ballard & Wright be, and they 
are hereby app(»inted the publishers of the Laws and Re- 
solves, and other Acts of the Legislature of this Common- 
wealth, so far as regards their oflficial promulgation, in the *' In- 
dependent Chronicle, and Boston Patriot, and Daily Mercan- 
tile Advertiser," for one year from the second day of June 
instant, and until another publisher of the Laws shall be ap- 
pointed in their stead : Provided the said Ballard & Wright 
cause the said Laws, Acts and Resolves to be published in a 
faithful and correct manner, and with all reasonable despatch. 

Be it further Resolved, That the compensations which 
shall and may be allowed to the said Ballard & Wright, for 
publishing as aforesaid, shall not exceed the usual rates of 
compensation heretofore granted for similar services. 



CHAP XL 

Resolve on the petition of Daniel Safford of Boston. 
June 13th, 1823. 

On the petition of Daniel Saif()rd,of Boston, in the County 
of SuflPolk, iUacksmith, executor of the last will and testa- 
ment of David Saiford, late of Salem, in the County of Es- 
sex, Blacksmith, deceased, setting forth, that Susanna Hath- 
orne, late of said Salem, single woman, died intestate ; leav- 
ing several heirs at law, and Joseph Hathorne one of 
her heirs at law, being also indebted to her ; that immedi- 
ately upon her decease, Joseph Newhall, of Salem, afore- 
said Tinplate vvorker, attached all the right of said Joseph, 
in the real estate, of said Susanna, and afterwards in pursu- 
ance thereof, levied his execution upon one undivided tenth 
part of certain parcels of said real estate ; tliat in the settlement 
of the estate of the said Susanna, her heirs at law agreed that 
a certain lot of land in Andover, described in said petition, 
should be reserved for the purpose of redeeming the real 
estate, upon which the said Joseph Newhall might levy his 
execution, should his attachment be decided by the Supreme 
Judicial Court to be legal ; and the said lot of land was as- 
signed to the said David Safford, and Dolly B. Safford, his 



TAX FOR DUKES COUNTY. 653 

wife, and one of the heirs at law of said Susanna, it being 
understood and agreed upon by the said heirs at law, that 
the said lot of land should be sold, and the proceeds applied 
in payment of the said Newhall's debt against said Joseph 
Halhome, should the decision be as aforesaid : And where- 
as the Supreme Judicial Court did decide that the attachment 
and levy aforesaid were good and valid, and the said Dolly 
died before the said decision, and said David has since de- 
ceased, and the said Executor, and the heirs at law of the 
said Susannah, are desirous that the said lot of land may be 
sold and the proceeds thereof applied agreeably to the true 
intent of the trust aforesaid, which trust was not expressed 
on the assignment to said David Safford, and Dolly B. Saf- 
ford, his wife : Therefore, 

Mesolved^ That the said Daniel SaflPord, iu his said capa- 
city, be and he is hereby authorised and empowered to sell 
by Public Auction, or private contract, for the most he can 
obtain therefor, the lot of land described in the said petition, 
and to make and execute good and sufficient deed or deeds to 
convey the same ; Provided however, that the said Daniel 
Saflford shall, and do first give his bond with sufficient sure- 
ty or sureties to the Judge of Probate, for the County of Es- 
sex, and to be approved of by him, upon the condition that 
he shall apply the proceeds of the sale of said land, towards 
the extinguishment of the levy aforesaid, by said Newhall, 
and that he shall account for, and pay over the balance, (if 
any) to the heirs at law of the said Susanna. 



CHAP. XII. 

Resolve granting a Tax for the County ofBukes County, 
June 13th, 1853. 

Whereas the Treasurer of the County of Dukes County, 
has presented his account to the Legislature, which accounts 
have been examined and allowed : And whereas the Clerk of 
the Court of sessions for said County, has exhibited an esti- 
iiiate made by said Court of the necessary charges, which may 



654 MESSENGER G. COURT— W. GOING. 

arise within the said County, for the year Eighteen Hundred 
and Twenty-four, and for other purposes stated in the said 
estimate : 

Resolved, That the sum of One Thousand Dollars, be and 
hereby is granted as a Tax for the said County of Dukes 
County, to be apportioned, assessed, paid, collected and ap- 
plied for the purposes aforesaid, according to law. 



CHAP. XIII. 

Resolve Jbr •paying the Messenger of the General Court. 
June 13, 1823. 

Resolved, That there be allowed and paid out of the Public 
Treasury, to Jacob Kuhn, in full for his services as Messen- 
ger to the General Court, and for his care of the State House, 
including those services mentioned in a resolve passed on the 
nineteenth day of October, in the year of our Lord One 
Thousand Eight Hundred and Fourteen, for the year com- 
mencing the thirtieth day of May last, one thousand Dollars, 
payable quarter yearly : 

And his Excellency the Governor, with the advice of 
Council, is requested to draw his warrant accordingly. 



CHAP. XIV. 

Resolve on the petition of William Going. 
June 13th, 1823. 

Resolved, That, from and after the passage of this resolve, 
two dollars per week shall be added to the pay of Wil- 
liam Going, keeper of the State prison, to be paid out of the 
treasury of this Commonwealth. 



E. RYAN.— COMMIS. EASTERN LANDS. 655 



CHAP. XV, 

Resolve on the petition of IClizabeth Ryan. 
June 13th, 1823. 

On the petition of Elizabeth Ryan, praying that all the 
right and interest of the Commonwealth, in and to a certain 
house and lot of land on which it stands in Marblehead, in 
the County of Essex, now in the occupancy of said Eliza- 
beth, may be released to her : 

Resolved^ For reasons set forth in tlie petition of the said 
Elizabeth Ryan, that this Commonwealth do hereby release 
to the said Elizabeth Ryap, her heirs and assigns, all the 
right, title and interests of the Commonwealth, in the house 
and land of her late husband, situate in said Marblehead, 
and in her occupancy as described in her petition. 



CHAP XVI. 

Resolve on the communication of the Commissioners appoint- 
ed to make sale of Eastern Lands. 
June 13th, 1823. 

The standing Committee of both Houses on Eastern 
Lands, to whom was committed the Report of the Agents ap- 
pointed by a Resolve, passed the 30th January last, to make 
sale of the lands set oif and estimated by the Commissioners 
appointed under the act for the separation of Maine from this 
Commonwealth, to be of the value of thirty thousand dollars, 
have had the subject under consideration, and we find, by 
the provisions contained in the fifth section of said act, this 
Commonwealth was obligated to assign said lands to the 
State of Maine, or in lieu thereof, pay to said State the said 
sum of thirty thousand dollars, but as the lands aforesaid 
have been sold conformable to said resolve, as appears by- 
said report ; it of course follows that provision must be made 
87 



656 COMMIS. ON EASTERN LANDS. 

for the payment of said sum to the State of Maine, on or be- 
fore the first day of October next. And we have also consi- 
dered that part of said report which suggests the propriety of 
authorising said agents to sell certain lots and islands at pri- 
vate sale, and we judge the same to be proper and expe