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RESOLVES 


OF 


THE  GENERAL  COURT 

OF    THE  I 

Commontoealt!)  of  iJ^lassacljusetts 

PASSED  AT  THE  SEVERAL 
SESSIOIVS  OF  THE  GENERAL  COURT, 

COMMENCING  MAY,  1S28,  AND  ENDING  JUNE,  1831. 
^ubUsJelr  aBtceaWg  to  a  SRcsolbe  of  tt)c  stjrtecnttJ  JJanuars,  1812. 


DUTTON  AND  WENTWORTH,  PRINTERS  TO  THE  STATE. 

1831. 


RESOLVES 


THE  GENERAL  COURT 


PASSED  AT  THEIR  SESSION, 

WHICH   COMMENCED   ON  WEDNESDAY,   THE    TWENTY    EIGHTH     OF  MAT, 

AND   ENDED    ON    THURSDAY,   THE    TWELFTH    OF    JUNE,   ONE 

THOUSAND  EIGHT  HUNDRED  AND  TWENTY-EIGHT. 


Published  agreeably  to  a  Resolve  of  16th  January,  1813. 


TRUE  AND  GREENE,  PRINTERS  TO  THE  STATE. 
1828. 


CITILi  GOVERIVMENT 

OF    THE 

FOR  THE  POLITICAL  YEAR  1828-9. 


HIS  EXCELLENCY 


LEVI  LINCOLN,  ESQUIRE, 


GOVUBITOR. 


HIS  HONOR 


THOMAS  L-  WINTHROP,  ESQ. 


COUNCIL,. 

Hon.  JOHN  ENDICOTT, 
AARON  HOBART, 
JOSHUA  DANFORTH, 
EZRA  MUDGE, 
TIMOTHY  FULLER, 
MARK  DOOLITTLE, 
JOHN  MASON, 
BEZALEEL  TAFT,  Jun. 
JONATHAN  PHILLIPS. 


EDIVARD  D.  BANGS,  ESQUIRE, 

Secretary  of  the  Commonwealth. 

JOSEPH  SE^VAIili,  ESaUIRE, 

Treasurer  and  Reuiver  General  of  the  Commonwealth. 


SENATC. 


HONORABL.C:  SHERMAN  I.EL.AND, 

PRESIDENT. 


SUFFOLK  DISTRICT. 

Hon.  Francis  C.  Gra}^  Hon.  John  R.  Adan, 

Thomas^  Welsli,  Jr.  Charles  Wells, 

James  Savage,  Nathan  Hale. 

ESSEX  DISTRICT. 

Hon.  William  W.  Parrott,      Hon.  Joseph  E.  Sprao;iie, 
John  Merrill,  Jcmes  IJ.  Duncan, 

Amos  Spaulding,  William  Tjiorndike. 

MIDDLESEX  DISTRICT. 

Hon.  James  Lewis,  Jr.  Hon.  John  Ke}  es, 

Luke  Fiske,  William  C,  Jarvis. 

Benjamin  F.  Varnum, 

PLYMOUTH  DISTRICT. 
Hon.  Seth  Sprague,  Jr.  Hon.  Josiah  Robbins. 

NORFOLK  DISTRICT. 

Hon.  Christopher  Webb,        Hon.  Sherman  Leland. 
Thomas  French, 


SENATE. 

BRISTOL  DISTRICT. 

Hon.  William  Wood,  Hon.  John  A.  Parker. 

Howard  Lothrop, 

WORCESTER  DISTRICT. 

Hon.  Edmund  Gushing,  Hon.  John  W.  Lincoln, 

Jos»^ph  Davis,  Joseph  Bowman. 

Joseph  Estabrook, 

HAMPSHIRE  DISTRICT. 

Hon.  Lewis  Strong,  Hon.  Samuel  F.  Dickinson. 

HAMPDEN  DISTRICT. 
Hon.  James  Fowler,  Hon.  Samuel  Lathrop. 

FRANKLIN  DISTRICT. 

Hon.  Elihu  Hoyt,  Hon.  Thomas  Longley. 

BERKSHIRE  DISTRICT. 
Hon.  Charles  Mattoon,  Hon.  Robert  F.  Barnard. 

BARNSTABLE  DISTRICT. 

Hon.  Elisha  Pope. 

NANTUCKET  DISTRICT. 
Hon.  Barker  Burnell. 


Paul  Willard,  Esq.  Clerk. 
W.  P.  Gragg,  Esq.  Assistant  Clerk. 
Rev.  William  Jenks,  Chaplain. 
William  H.  Cutting,  Page. 


HOUSE  OF  REPRESENTATIVES. 


HON.  WILLIAM   B.  CALHOUN, 

SPEAKER. 


COUNTY  OF  SUFFOLK. 

Boston,  Samuel  Appleton, 

Samuel  T.  Armstrong, 
Samuel  Aspinvvall, 
Samuel  Austin,  Jun. 
William  Barry, 
Thomas  Barnes, 
Levi  Bartlett, 
Daniel  Baxter,  Jun. 
Adam  Bent, 
John  P,  Bigelow, 
Edward  Brooks, 
Jonas  B.  Brown, 
Joseph  T.  Buckingliam. 
David  L.  Child, 
John  B.  Davis, 
Franklin  Dexter, 
William  Foster, 
Henry  H.  Fuller, 
John  C.  Gray, 
Jacob  Hall, 


HOUSE  OF  REPRESENTATIVES. 


Boston^ 


Chelsea^ 


Jlmesburyy 

Jtndover^ 

Beverly^ 


Boxford, 

Bradford, 

Danvers, 


George  Hallet, 
Isaac  Harris, 
Prentiss  Hobbs, 
Francis  Jackson, 
Thomas  Kendall, 
Edmund  Kimball, 
Seth  Knowles, 
Winslow  Lewis, 
Heman  Lincoln, 
John  Lowell,  Jun. 
William  P.  Mason, 
James  C.  Merrill, 
Samuel  Perkins, 
Benjamin  T.  Pickraan, 
Benjamin  Russell, 
David  Sears, 
Israel  Thorndike,  Jun. 
Simon  Wilkinson, 
John  T.  Winthrop, 
Edmund  Wright,  Jun. 
Joseph  Stowers, 


COUNTY  OF  ESSEX. 


Thomas  Bailey, 
Samuel  Merrill, 
Henry  Larcom, 
Robert  Rantoul, 
Thomas  Stephens,  Jun. 
Solomon  Low, 
Jesse  Kimball, 
Robert  S.  Daniels, 
Nathan  Poor, 
Jonathan  Shove, 


HOUSE  OF  REPRESENTATIVES. 


Essex, 
Gloucester, 

Jonathan  Story,  3d. 
Elias  Davison, 
Samuel  Lane, 

Hamilton, 
Haverhill, 

Azor  Brown, 
John  Bricket,  Jun. 
Charles  White, 

Ipsivich, 
Lynn, 

Joseph  Dennis, 
William  B.  Breed, 
James  Pratt, 

Lymifield, 

Manchester, 

Marblehead, 

Asa  T.  Newhall, 

Joseph  W.  Green, 
William  Hawkes, 

Methuen, 

Benjamin  Knight, 
John  Russ, 

Middleton, 

Pelatiah  Wilkins, 

JVewbury, 

Moses  Little, 
Silas  Little, 

J^ewburyport, 

Ebenezer  Bradburj', 
Caleb  Cushing, 

William  Faris, 

Whittingham  Oilman, 
Stephen  W.  Marston, 

Rowley, 
Salem, 


Benjamin  Crowninshield, 
Frederick  Howes, 
David  Moore, 
Stephen  C.  Phillips, 
Nathaniel  L.  Rogers, 
Solomon  S.  Whipple, 
Stephen  White, 


Salisbury, 


HOUSE  OF  REPRESENTATIVES. 


Topsfield^ 
Wen/uwi, 
West  JS'ewbury, 


William  Jackson, 

Paul  Porter, 
Daniel  Emery, 


*Scton, 

Jlshby^ 

Bedford^ 

Billerica, 

Brighton^ 

Burlington, 

Cambridge, 


Carlisle, 
Charlestoicn, 


Chelmsjordy 
Concord, 

Dracut, 

Dunstable, 

East  Sudbury, 

Framinghatn, 

Groton, 

Holliston, 

Hopkinton, 


COUNTY  OF  MIDDLESEX. 

Stevens  Hay  ward, 
Ezekiel  L.  Bascom, 
William  Webber, 


Francis  Winship, 

Ephraim  Buttrick, 
Royal  Makepeace, 
William  J.  Whipple, 

Thomas  J.  Goodwin, 
John  Harris, 
Josiah  Harris, 
Oliver  Holden, 
Leonard  M.  Parker, 
Philemon  R.  Russell, 
Joel  Adams, 
Reuben  Brown,  Jun. 
Samuel  Burr, 
Charles  Bodwell, 

Micah  M.  Rutter, 
Charles  Train, 

Elihu  Cutler, 


10 


HOUSE  OF  REPRESENTATIVES. 


Lcxinrrton, 
Lincoln, 
Li  tile  ton, 
Lowell, 

Maiden, 

Marlborough, 

Medford, 

J^atick, 

J\l'ewto?i, 

Pepper  el  I, 

Reading, 

Sherburne, 

Shirley, 

South  Reading, 

Stoneham, 

Stoio  and  Boxboro'' 

Sudbury, 

Tewksbury, 

Townsend, 

Tyngsborough, 

Waltham, 

Watcrtoion, 

West  Cambridge, 

Wcstford, 

Weston, 

Wilmington, 

Woburn, 


Samuel  Fisk, 
Silas  P.  Tarbell, 

Elisha  Ford, 
Nathaniel  Wright, 
Edward  Wade, 
Daniel  Stevens, 
Turrell  Tufts, 

John  Ken  rick, 
William  Buttrick, 
Addison  Flint, 
Edmund  Parker, 

Adolp'hus  Whitcomb, 
Tliomas  Emerson, 
Darius  Stevens, 
Elijah  Hale, 
Abel  Wheeler, 

Aaron  Warren, 
Daniel  Richardson, 
John  Clark, 
John  Clark, 

Abram  Prescott, 
Alpheus  Bigelow,  Jun. 

Marshal  Fowle, 
Joseph  Gardner, 


HOUSE  OF  REPRESENTATIVES. 


11 


,Sshburnham, 
Jlhol, 
Bar  re, 
Berlin, 

Bolt  071, 

Boylston, 
Brookjicld, 

Charlton, 

Dana, 

Douglas, 

Dudley, 

Filchburg, 

Gardner, 

Grafton, 

Hardvjick, 

Harvard, 

Holden, 

Hubbardston, 

Lancaster, 

Leicester, 

Leominster, 

Lunenbiirgh, 

Mendon, 

Milford, 

Millbiiry, 

J^ew  Braintree, 

J^orthborotigh, 

JSTorthbridgCf 


COUNTY  OF  WORCESTER. 

Charles  Barrett, 


Gardner  Ruggles, 
Jonathan  D.  Merriam, 
Silas  Hoi  111  an, 

Alanson  Hamilton, 
John  Honians, 
Samuel  D.  Spurr, 


John  Eddy, 
Francis  Perkins, 
Isaiah  Putnam, 
Smyrna  Glazier, 
Jonathan  Wheeler, 


Silas  Flagg, 
Moses  Phelps, 
Joseph  Willard, 
Nathaniel  P.  Denny, 
Joel  Crosby, 
David  Wilder, 

William  S.  Hastings, 

Elias  Forbes, 
Philip  Delano, 
Jonas  Bartlett, 


12 


HOUSE  OF  REPRESENTATIVES. 


JSTorth  Brookfield, 

Oakham, 

Oxford^ 

Paxtoii, 

Petersham^ 

Phillipston, 

Princeton^ 

Royalslon^ 

Rutland^ 

Shrctvsbury, 

Southboroitghy 

Sout/ibridge, 

Spencer, 

Sterling, 

Slurbridgef 

Sulton. 

Templeton, 

Upton, 

Uxbridge, 

Ward, 

Weslborough, 

West  Boylston, 

Western, 

Westminster, 

Winch  endon, 
Worcester, 


William  Adams, 

Jonathan  Davis, 
Samuel  Harrington, 


Charles  Russell, 
Rufus  Bullock, 
Roland  Wheeler, 

Jonas  Ball, 

Ebenezer  D.  Ammidown, 
James  Draper, 
Ebenezer  Pope, 
Jonathan  Wilder, 
Edward  Phillips, 
Jonas  Sibley, 
Leonard  Stone, 


Phineas  Gleason, 

Pardon  Keys, 
Timothy  Doty, 
Charles  Hudson, 

Otis  Corbet, 
William  Eaton, 
Rejoice  Newton, 


HOUSE  OF  REPRESENTATIVES. 


13 


COUNTY  OF  HAMPSHIRE. 

jSmherst,  Enos  Dickinson, 

Bclcherlotvn.  Joseph  Bridgman, 

JM}  ron  Lawrence, 
Chesterfield, 
Cumminglon, 
Easihamplon, 
Enfield, 
Granby, 
Goshen, 
Greenwich, 
Hadley, 
Hatfield, 
Middlefield, 
Jforlhampton, 

JVorivich, 

Pelham, 

Plainfield, 

Prescott, 

Southampton, 

South  Hadley, 

Ware, 

JVeslhampton, 

Williamsburg, 

Worlhington, 


Amos  Cobb, 
John  Ludden, 
Joshua  Crosby, 
William  Belcher, 

I^aban  Marcy, 
Natliaiiiel  Coolidge,  Jun. 
Oliver  Smith, 

Channcey  Clark, 
Oliver  Warner, 

Cyrus  Kingman, 
John  Black, 

Timothy  Clark, 
Joel  Hajes,  Jun. 

Samuel  Edwards,  Jun. 
Elisha  Hubbard,  Jun. 


COUNTY  OF  HAMPDEN. 

Blandford,  Israel  Cannon, 

Alanson  Knox, 
Brimfield,  Lewis  Williams, 

Chester,  Forbes  Kyle, 


14 


HOUSE  OF  REPRESENTATIVES. 


Granville, 

Loiigmeadow, 

Ludlow, 

JSIonson, 

JVIontgnmery, 

Palmer, 

Russell, 

Southivick, 

Springfield, 


Tolland, 

Wales  and  Holland, 

West  Springfield, 

Weslfield, 

Wilbraham, 


Patrick  Boies, 
Seth  Taylor, 

Jonathan  Torrej, 
Moses  Parks, 
Daniel  King, 
Abel  Tuttle,  Jun. 
Joseph  M.  Forward, 
George  Bliss,  Jun. 
William  B.  Calhoun, 
William  Child, 
William  H.  Foster, 
Frederick  A.  Packard, 
Jesse  Pendleton, 
Simon  Sanborn, 
Henry  Bliss, 

Caleb  Rice, 
Jesse  Farniim, 
Luther  Brewer, 


COUNTY  OF  FRANKLIN. 


Ashjield, 

Barnardston, 

Buckland, 

Charlemont, 

Coleraine, 

Conway, 

Deerfield, 

Gill, 

Greenfield, 

Hawley, 


Joseph  Field, 
Samuel  Pierce, 
Joseph  Avery, 


Ambrose  Ames, 
Edmund  Longley,  Jun. 


HOUSE  OF  REPRESENTATIVES. 


15 


Heathy 

Leverelt, 

Leyden, 

jyjoniague, 

JVew  Salem, 

JVorlhJielci, 

Orange, 

Mtmroe, 

Roioe, 

Shelburne, 

Shutesbury, 

Stmderkmd, 

TVarwick, 

Wendell, 

Whately, 


COUNTY  OF  BERKSHIRE. 

Mams,  Richmond  Drown, 

Edward  Richmond, 
Henry  Wilmarth, 
Daniel  Barrett, 
Benjamin  C.  Perkins, 
James  Brown, 


Ephraim  Hastings, 
Roswell  Fiehl, 
Elisha  Chapin, 

Ebenezer  Torrey, 
Ezekiel  Webster,  Juii. 


Noah  Wells, 


Jonathan  Blake,  Jun. 


Mford, 

Becket, 

Cheshire, 

Clarksburg, 

Dallon, 

Fgremont, 

Florida, 

Great  Barrington, 

Hancock, 

Hinsdale, 

Lanesborougk, 

Lee, 


Ephraim  Baldwin, 


Caleb  Eld  ridge, 
Ichabod  Emmons, 
Henry  Shaw, 
Charles  M.  Owen, 
William  Porter,  Jun. 


16 


HOUSE  OF  REPRESENTATIVES. 


Lp.nox^ 

Mount  Washington, 

J^ew  Ashford,, 

JSTew  Marlborough, 

Otis, 

Peru, 

Pittsfield, 


Richmond, 
Sandisjield, 

Savoy, 

Sheffield, 

Stockbridge, 

Tyringham, 

Washington, 

West  Stockbridge, 

Williams  town. 


Windsor, 


Bellingham, 

Braintree, 

Brcckline, 

Canton, 

Cohasset, 

Dedham, 

Dorchester, 


Charles  Worth ington, 


Warren  Wheeler, 
Timothy  Jones, 
David  Tuttie, 
Daniel  B.  Bush, 
Daniel  H.  Francis, 
S-dniuel  M.  McKay, 
Thomas  B.  Strong, 
Erastus  Rowley, 
Samuel  Merrill, 
Thomas  Twining, 

Edward  Babbit, 

Parker  L.  Hall, 

Theodore  Sedgwick, 

Eli  Hale, 

Philip  Fames, 

Luther  Plumb, 

Lyman  Hubbell, 

Samuel  Smith, 

Jepthah  Whitman, 


COUNTY  OF  NORFOLK. 

Minot  Thayer, 
Joshua  C.  Clark, 
Tliomas  Tolman, 

Richard  Ellis, 
Horace  Mann, 
Samuel  P.  Loud, 


HOUSE  OF  REPRESENTATIVES. 


17 


Foxboroiigh, 

Franklin^ 

Medjield  and  Dover ^ 

Medway^ 

JSlilton^ 

Jfeedham, 

Qiiincy, 

Randolph, 

Roxbury, 


Sharon, 

Stoughton, 

Walpole, 

Weymouth, 

Wrentham, 


Attleborough, 


Berkley, 
Dartmouth, 
Dighton, 
Easton, 

Fairhaven, 


COUNTY 


John  Sherman, 
Lewis  Fisher, 
William  Felt, 
Joseph  L.  Richardson, 
Francis  Davenport, 

John  Souther, 
Seth  Mann, 
Isaac  Davis, 
Samuel  Guild, 
Elijah  Lewis, 
Adam  Smith, 
Benjamin  P.  Williams, 

Abner  Drake, 
Joseph  Hawes, 
Leonard  Tirrell, 
Ebenezer  Blake, 
Josiah  J.  Fiske, 
George  Hawes, 

OF  BRISTOL. 

Eikanah  Briggs, 
George  Ellis, 
Israel  Hatch, 

Bradford  Howland, 

Oliver  Ames, 
Elijah  Howard,  Jun. 
Nathaniel  S.  Spooner, 
James  Taber, 
Joseph  Tripp, 


18 


HOUSE  OF  REPRESENTATIVES. 


Freetown, 

Mansfield, 
jyew  Bed/ordy 


JSTortour 

Pawtuckef, 

Raynham, 

JRehoboth, 

Seekonk, 

Somerset, 

Swansey, 

Taunton, 


Troy, 
Westport, 


Jlbington, 
Bridgwater, 


Thomas  Bump, 
Elnathan  P.  Hathaway, 
Hezekiah  Skinner, 
Thomas  A.  Green, 
Cornelius  Grinnell, 
Ephraim  Kempton, 
Charles  W.  Morgan, 
William  C.  Nye, 
Lemuel  Perry, 
Laban  M.  Wheaton, 
James  C.  Starkweather, 
Samuel  Wilbur,  Jun. 
Joseph  Nichols, 
Robert  Daggett, 
Wheaton  Luther, 
John  Buffington, 
Francis  Baylies, 
Jones  Godfrey, 
Silas  Hall, 
Abiathar  Leonard, 
Ichabod  Lincoln, 
William  A.  F.  Sproat, 
Enoch  French, 
Tillinghast  Almy, 
Nathan  C.  Brownell, 
Abncr  B.  Gifford, 

COUNTY  OF  PLYiMOUTH. 

Benjamin  Hobart, 
Micah  Pool, 
Avery  Fobes, 
Artemas  Hale, 


HOUSE  OF  REPRESENTATIVES. 


19 


Carver, 

John  Savary, 

Duxbiiry, 

Phineas  Sprague, 

Gershom  B.  Weston, 

East  Bridgwater, 

Halifax, 

Hanover, 

Robert  Eells, 

Hanson, 

Thomas  Hobart, 

Hingham, 

Benjamin  Thomas, 

Hull, 

Kingston, 

Thomas  P.  Beal, 

Marshfield, 

Middleborough, 

Seth  Eaton, 

Zechariah  Eddy, 

William  Nelson, 

JVorth  Bridgivater, 

Abel  Kingman, 

Pembroke, 

Plymouth, 

Isaac  L.  Hedge, 

Nathaniel  Russell, 

Plympion, 

Jonathan  Parker, 

Rochester, 

Wilson  Barstow, 

Scituate, 

Samuel  Deane, 

Jesse  Dunbar,  Jun. 

Wareham, 

Ichabod  Leonard, 

West  Bridgwater, 

Samuel  Dunbar, 

COUNTY 

OF  BARNSTABLE. 

Barnstable, 

Naler  Crocker, 

Jabez  Hovvland, 

Brewster, 

Benjamin  Berry, 

Chatham, 

Joseph  Atwood, 

Dennis, 

Oren  Howes, 

Zohith  Howes, 

20 


HOUSE  OF  REPRESENTATIVES. 


Eastham, 
Falmouth, 

Harwich^ 

Orleans, 

Provincetown, 

Sandwich, 

Truro, 

Wellfleet, 

Yarmouth, 


Chilmark, 

Edgartoivn, 

Tisbury, 


Jesse  Collins, 
Thomas  Fish, 
Elijah  Swift, 
Josiah  Chase, 
Nathan  Underwood, 
Daniel  Comings, 
Isaac  Small, 
Benjamin  Burgess, 


James  Crowell, 
John  B.  Doane, 


DUKES  COUNTY. 


Harrison  P.  Mayhew, 
Charles  Butler, 


COUNTY  OF  NANTUCKET. 
Jfantucket,  Peter  Chase. 


Pelham  W.  Wakren,  Esq.  Clerk. 
Rev.  Henry  Ware,  Jr.  Chaplain. 


Jacob  Kuhn,  Messenger  to  the  General  Court. 
Elijah  W.  Cutting,  Assistant  Messenger. 
Charles  Pitts,  Page  to  the  House. 


RESOLVES 


THE    GENERAL   COURT 

OF  THE 

COMMONWEALTH   OF   MASSACHUSETTS, 

PASSED  AT  THEIR  SESSION, 

WHICH  COMMENCED   ON  WEDNESDAY,  THE    TWENTY    EIGHTH    OP  MAT, 

AND  ENDED    ON    THURSDAY,   THE    TWELFTH    OF    JUNE,   ONE 

THOUSAND  EIGHT  HUNDRED  AND  TWENTY-EIGHT. 


GOTERNOR'S  SPEECH. 


Representatives'  Chamber,  June  2,  1828. 
At  a  quarter  past  1 1  o'clock,  A.  M.  agreeably  to  assign- 
ment, the  two  Houses  assembled  in  Convention,  when  His 
Excellency  the  Governor  came  in,  preceded  by  the  Sher- 
iff of  Suffolk,  and  attended  by  His  Honor  the  Lieutenant 
Governor,  the  Honorable  Council,  and  the  Secretary, 
Treasurer,  and  Adjutant  General,  and  delivered  the  fol- 


lowing 


SPEECH  : 


Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Representatives  : 

The  Government  of  the  Commonwealth  having  been 
organized,  for  the  ensuing  political  year,  pursuant  to  the 
provisions  of  the  constitution,  it  has  devolved  upon  us  to 


22  GOVERNOR'S  SPEECH. 

enter  upon  the  duties  assigned  to  our  respective  stations, 
and  to  discharge  the  high  responsibilities  which  we  have 
voluntarily  assumed  to  our  immediate  Constituents,  and  to 
the  Countr}'^,  of  which  the  Commonwealth  is  a  part.  In 
respectful  compliance  with  the  invariable  usage  on  such 
occasions,  I  now  present  myself  personally,  in  this  Con- 
vention, to  express  that  sense  of  obligation  with  which  I 
am  deeply  and  gratefully  impressed  for  the  continued  man- 
ifestation of  the  confidence  of  my  Fellow  Citizens,  to  re- 
peat the  assurances,  and  to  renew,  before  the  Represen- 
tatives of  the  People,  the  pledges  of  faithfulness  in  inten- 
tion and  of  earnestness  in  endeavour,  to  discharge  with 
impartiality,  and  according  to  the  measure  of  my  ability, 
the  elevated  Office  with  which  I  am  again,  and  most 
greatly,  honored.  Nor  is  this  improvement  of  opportuni- 
ty to  be  regarded  as  a  useless,  or  merely  formal  ceremony. 
It  may  not  be  deemed  unappropriate  to  our  relations  to 
each  other  and  to  the  State,  that  in  the  commencement 
of  an  association  in  public  labors,  and  on  entering  upon 
common  engagements,  such  intercourse  should  be  had  b}" 
those  who  are  to  co-operate  in  the  promotion  of  the  gen- 
eral welfare,  and  the  success  of  whose  individual  efforts 
depends  as  much  upon  the  influence  of  a  personal  confi- 
dence in  each  other,  as  upon  consentaneous  sentiment. 
There  is  a  wholesome  sympathy  excited,  even  by  this 
brief  meeting  together,  an  involuntary  but  kindly  concili- 
ation of  mutual  respect,  a  silent  but  sacred  resolution  of 
mutual  assistance  in  official  duty.  Sureh^,  if  but  for  such 
tendencies  alone,  the  time  which  is  thus  occupied  is  not 
to  be  regretted,  although  neither  information  nor  profit, 
otherwise,  should  result  from  the  occasion.  The  very 
assemblage  of  the  various  Departments  and  Officers  of 


GOVERNOR'S  SPEECH.  23 

the  Government  is  an  interesting  and  instructive  specta- 
cle in  itself.  It  indicates  that  harmony  in  purpose,  vi^ith- 
out  which  there  is  nothing  of  wisdom  in  public  Councils, 
that  concert  and  co-operation  in  action,  without  which 
there  is  nothing  effectual  to  the  public  service. 

But  little  more  than  two  months  have  elapsed  since 
the  prorogation  of  the  last  Legislature.  To  that  period, 
whatever  matters  were  known  to  me  to  require  commu- 
nication were  officially  submitted  for  public  consideration. 
During  the  recess,  the  difficult  and  delicate  duty  of  mak- 
ing numerous  appointments,  which  the  laws  of  recent  en- 
actment devolved  upon  the  Executive,  have,  as  promptly 
and  so  far  as  was  found  practicable,  been  executed.  Un- 
der the  provisions  of  the  act  relating  to  County  Commis- 
sioners, appointments  have  been  made  in  all  the  Counties, 
save  one,  and  in  this  instance  of  exception,  the  considera- 
tions which  induced  to  the  delay,  are  now  satisfied.  A 
commission  for  examining  and  stating  the  accounts  of  the 
State  Prison  has  been  constituted,  and  a  report  of  the  re- 
sult of  the  investigation  is  expected,  in  season  to  be  laid 
before  you,  at  the  present  session.  The  Executive  Gov- 
ernment of  the  Prison  has  also  been  re-organized  b}'^  the 
designation  of  distinguished  individuals  to  compose  the 
Board  of  Inspectors,  by  the  appointment  of  a  skilful  Phy- 
sician, and  of  a  Chaplain  whose  recommendations  import 
successful  experience  and  peculiar  qualifications  for  the 
duties  of  that  highly  interesting  station,  and  by  the  reap- 
pointment of  the  former  Warden.  The  execution  of  the 
law  has  been  committed  to  the  charge  of  those  who  were 
known  to  be  deeply  excited  to  give  to  the  system  of  con- 
templated reform  the  most  faithful  experiment,  and  there 
is  reason  to  expect,  that  under  the  admonitions   of  the 


24  GOVERNOR'S  SPEECH. 

past,  and  with  the  arrangements  for  the  future,  such  dis- 
apjDointments  as  have  been  heretofore  suffered,  whether 
in  the  pecuniary  results  of  the  employment  of  the  con- 
victs, or  in  the  moral  effects  of  penitentiary  discipline,  will 
not  recur,  to  be  the  occasion  of  further  distrust  in  the  cor- 
rective power  of  the  Institution,  or  a  tax  upon  the  Trea- 
sury of  the  State.  Yet  the  entire  benefit  of  the  change 
may  not,  at  once,  be  realized.  Until  the  completion  of 
the  new  Prison,  which,  under  the  strenuous  exertions  of 
the  Warden,  is  rapidly  carried  forward,  the  pernicious  in- 
fluences of  a  corrupting  intercourse  are  not  to  be  prevent- 
ed. The  solitary  cell  alone  can  withdraw  the  depraved 
offender  from  a  hardening  correspondence  with  kindred 
vice,  and,  by  cutting  off  the  sources  of  extraneous  excite- 
ment, leave  his  mind  to  the  occupation  of  reflection,  to 
the  reprovings  of  an  awakened  conscience,  and  to  the 
successful  application  of  means  for  his  reformation  and 
moral  improvement. 

Several  Resolves  of  the  Legislature  referring  the  man- 
ao>ement  and  disposition  of  an  estate  in  Charlestown,  which 
had  come  to  the  Commonwealth  by  escheat  from  one  John 
N.  Rudberg,  in  default  of  heirs,  to  the  direction  of  the 
Executive,  have  been  complied  with,  by  causing  posses- 
sion to  be  taken,  and  a  sale  to  be  made  of  the  property. 
For  these  purposes,  the  Treasurer  of  the  Commonwealth 
was  constituted  a  special  Agent  for  the  Government,  and 
has  reported  to  me  a  balance  of  proceeds  from  the  sale, 
after  deducting  expenses,  of  two  thousand  nine  hundred 
and  thirty  one  dollars  and  eighty-one  cents,  which,  in 
money  and  satisfactory  securities,  he  has  paid  into  the 
Treasury.  Care  has  been  taken  in  the  conveyance,  to 
protect  the  Commonwealth  against  responsibility,  beyond 


'4 


GOVERNOR'S  SPEECH.  25 

the  amount  of  the  consideration  for  the  purchase,  with- 
out interest,  in  the  possible  event  of  a  failure  or  defect  of 
title. 

On  the  opening  of  the  present  season,  the  surveys  and 
examinations  of  Country,  upon  the  proposed  Routes  for 
Rail  Roads,  were  recommenced,  under  the  superintend- 
ence of  the  Directors  of  Internal  Improvements,  appoint- 
ed by  the  last  Legislature,  and  have  been  prosecuted 
with  diligence  and  successful  application,  to  the  present 
time.  Various  courses  of  the  route  from  the  City  of  Bos- 
ton to  Providence  have  been  run  out  by  the  Engineer, 
the  levels  of  Country  taken,  and  the  preferable  direction 
selected  and  accurately  defined.  Estimates  of  expense 
in  constructing  the  road,  and  of  the  probable  use  which 
Would  be  made  of  it,  are  in  preparation  5  and  it  is  anticipa- 
ted, that  all  the  information  which  will  be  required,  to  de- 
termine the  expediency  of  pursuing  this  project  of  improve- 
ment, may  be  presented  in  the  Reports,  which  will  belaid 
before  you  during  the  present  session.  An  application 
made  to  the  Legislature  of  Rhode  Island,  for  authority  to 
extend  the  work  within  the  Jurisdiction  of  that  Govern- 
ment, was  received  with  expressions  of  the  most  satisfac- 
tory encouragement.  The  usual  order  of  public  notice 
was  obtained,  returnable  to  the  next  session,  to  be  held 
the  present  month,  with  liberty,  in  the  mean  time,  to  pro- 
secute the  surveys,  and  take  the  necessary  measures  for 
maturing  the  subject  for  a  favorable  decision. 

A  comparison  of  the  obvious  inducements  to  this  enter- 
prize,  with  the  prospects  of  advantage  from  others  of  like 
kind,  which  have  been  undertaken  in  various  parts  of  this 
Country  and  in  Europe,  cannot  fail  to  produce  the  strong- 
est convictions  of  its  importance  and  success.     There  can 


26  GOVERNOR'S  SPEECH. 

hardly  be  found  a  distance  of  way,  to  the  same  extent, 
more  favorable  to  this  species  of  improvement.  Although 
not  materially  farther  than  the  present  course  of  travel, 
the  face  of  the  Country  is  less  unequal.  There  are  popu- 
lation, and  business,  and  occasion,  for  the  transportation 
of  persons  and  of  goods,  to  require  and  to  support  the  ac. 
commodation,  and  with  the  most  reasonable  tolls,  to  ren- 
der the  expense  of  its  construction  a  profitable  investment. 
Both  the  time  and  the  manner  of  executing  the  improve- 
ment are  with  the  wisdom  of  the  Legislature.  That  it 
should  be  encouraged  by  the  Government,  and  speedily 
commenced,  I  cannot  hesitate  to  recommend.  A  joint 
concern  with  a  corporation  to  be  created,  on  a  subscrip. 
tion  to  some  proportion  of  stock,  by  the  State,  would 
unite  the  vigilance  of  individual  interest  with  a  confidence 
in  public  agency,  and  ensure  its  most  ejQfectual  prosecu- 
tion. 

From  the  greater  extent  of  labors  to  be  performed  up- 
on the  Routes  from  the  City  of  Boston  to  the  Hudson,  al- 
though much  progress  has  been  made  in  the  work,  no 
precise  and  definite  results  are  to  be  expected,  at  the  pre- 
sent time.  The  intermediate  distance  of  country  between 
the  surveys,  which  were  reported  to  the  last  Legislature, 
has.  been  examined,  and  the  profiles  and  plans  of  that 
Route  completed.  But  other  routes  promising  a  favora- 
ble comparison,  if  not  a  preference  in  direction,  are  yet  to 
be  attended  to.  Considerable  advances  have  also  been 
made  towards  an  estimate  of  the  expense  of  construction 
and  the  probable  amount  of  transportation.  The  magni- 
tude of  the  object,  and  the  great  interest  it  excites,  de- 
mand a  cautious  and  most  faithful  and  thorough  course  of 
investigation.     Sufficient,  however,  has  been  ascertained 


GOVERNOR'S  SPEECH.  27 

to  confirm  a  previous  opinion,  that  a  Rail  Road  from  the 
City  of  Boston  to  the  Hudson,  by  at  least  one  ronte,  is  rea- 
sonably practicable,  and  to  justifj^  the  Legislature  in  con- 
tinuing those  measures  of  examination  and  enquiry,  which 
are  indispensable  to  a  judicious  and  satisfactory  decision 
upon  the  expediency  and  best  mode  of  its  construction. 
In  relation  to  so  great  an  enterprize,  those  general  con- 
siderations of  advantage  to  country,  from  facilities  to  in- 
tercommunication between  distant  places,  from  affording 
new  markets  to  produce,  enhancing  the  value  of  property, 
encouraging  industry  and  increasing  population  by  afford- 
ing employment  to  labor,  aie  more  especially  to  be  re- 
garded, than  any  direct  and  immediate  profits  from  the 
interest  of  money,  which  shall  be  expended.  All  these 
benefits  may  confidently  be  looked  for  in  the  work  which 
has  been  proposed.  Nothing  short  of  a  personal  knowl- 
edge of  the  country  can  furnish  a  proper  and  adequate 
estimate  of  its  immense  capacity  for  business  and  im- 
provement. An  interior  trade,  tenfold  its  present  amount, 
might  be  had  with  the  sea-board,  but  for  the  expense  of 
transportation.  Lands  would  receive  a  richer  and  more 
general  cultivation,  if  their  products  could  reach  a  market. 
Manufactures  would  be  established,  wherever  the  tax  upon 
the  carriage  of  materials  and  of  fabrics  did  not  overbalance 
the  economy,  otherwise,  of  their  inland  location.  It  may 
safely  be  assumed,  that  to  many  of  these  existing  estab- 
lishments, the  saving  of  expense  in  transportation,  by  a 
Rail  Road,  would  exceed  the  value  of  all  the  protection 
which  the  most  liberal  tariff  of  duties,  ever  proposed, 
would  afford.  Here  then  is  a  measure  of  encouragement 
to  domestic  industry  within  our  own  control; — a  system 
of  internal  improvement,  opposed  to  no  constitutional  scru- 


28  GOVERNOR'S  SPEECH. 

pies,  of  which  no  interest  can  complain,  and  by  which  all 
interests  will  be  promoted. 

The  Legislature  of  New  York,  in  the  spirit  of  liberal 
and  enlightened  enterprize,  which  has  ever  so  highly  dis- 
tinguished the^Councils  of  that  great  State,  on  being  made 
acquainted  with  the  proceedings  which  had  been  had  in 
,  Massachusetts,^  forthwith  passed  a  law,  providing  fcr  the 
appointment  of  Commissioners,  wath  the  most  ample  pow- 
ers in  relation  to  all  measures  necessary  to  be  adopted,  in 
exploring  routes,  completing  surveys,  and   locating   the 
road  from  the  point  of  intersection  with  the  line  of  the 
State  to  its  termination  on  the  Hudson ;  and  by  explicit 
enactment,  further  pledged  the  Legislature,  that,  "  if  the 
"  State   of  Massachusetts   shall  construct  a  Rail  Road 
''^  from  Boston  to  the  Eastern   Boundary   of  this   State^ 
'^  either  directly,  or  through  the  medium  of  an  incorpora' 
"  ted  Company,  the  Legislature  of  this   State   will  con- 
"  struct  it  from  thence  to  the  Hudson  River,  or  grant  to 
"  the  State  of  Massachusetts,  or  some  authorized  Compa- 
"  ny,  the  right  of  so  doing  and  taking  tolls  thereon,  un- 
"  der  proper  restrictions  as  to  jurisdiction.''''  Thus  encour- 
aged and  strengthened  to  the  undertaking,  new  induce- 
ments are  added,  to  desire  and  to  seek  its  accomplish- 
ment. 

A  sense  of  duty  impels  me  to  throw  myself  upon 
your  indulgence,  in  earnestly  directing  your  attention,  at 
this  unusual  period,  to  the  state  of  the  Treasury.  The 
obligation  upon  the  Executive,  continually  to  regard  the 
concerns  of  the  Commonwealth,  requires  him  to  be  pos- 
sessed, at  all  times,  of  that  knowledge  of  its  condition, 
which  can  only,  occasionall}^,  be  communicated  to  other 
departments  of  the  Government,    The  fiscal  concerns  of 


GOVERNOR'S  SPEECH.  29 

the  State  have,  commonly  and  most  conveniently,  been 
the  subject  of  arrangement,  in  the  winter  session,  and  the 
annual  exhibit  of  the  Treasury  then  made,  is  usually  the 
basis  of  the  necessay  provision  of  revenue  for  the  year. 
But  any  omission  in  this  respect,  at  one  opportunity,  may 
well  be  supplied  at  another,  and  the  occasion  for  doing  it, 
at  this  time,  I  now  beg  leave  respectfully  to  submit  to 
your  consideration,  and  to  the  responsibleness  of  your  de- 
cision. 

At  the  close  of  the  last  year,  the  balance  in  the  Treasu- 
ry but  little  exceeded  the  sum  of  Twenty  Thousand  Dol- 
lars.    This  amount  was  then  chargeable  with  arrearages 
of  dues  from  the  Commonwealth,  for  which,  almost  imme- 
diately, it  was  absorbed  in  warrants  presented  for  pay- 
ment.    It  was  shown,  by  reference  to  the  accounts  of  sev- 
eral preceding  years,  that  the  annual  expenditures  had 
considerably  exceeded  the  receipts,  and  from  official  esti- 
mates of  the  Treasurer  it  was  made  apparent,  that,  in  the 
neglect  to  provide  additional  income,  a  deficiency  would 
continue  to  result  and  must  be  constantly    augmenting. 
To  meet  the  pressing  occasions  of  the  Government,  at 
that  time,  the  Treasurer  was  authorized  to  borrow,  to  the 
amount  of  One  hundred  and  fifty  thousand  Dollars,  in  an- 
ticipation of  the  receipts  available  from  the  Auction  du- 
ties and  the  semi-annual  payment  of  the  Bank  tax,  in  A- 
pril.     This  authority  has  been  exercised,  almost  to  its  full 
extent.     It  now   appears,   that   after   applying   Seventy 
thousand  Dollars  of  the  Bank  taxes  and  Auction  duties 
subsequently  received,  towards  the  repayment  of  the  Loan, 
and  with  a  balance  of  cash  in  the  Treasury,  less  than  at 
the  commencement  of  the  year,  there  remains  a  debt  against 
the  Commonwealth  of  Sixty  Thousand  Dollars.     It  must 


30  GOVERNOR'S  SPEECH. 

be  well  understood,  that  nothing  is  again  payable  into  the 
Treasury,  except  an  inconsiderable  sura  of  Auction  duties, 
until  the  serai  annual  instalraent  of  the  Bank  tax,  in  Octo- 
ber next.  In  the  mean  time,  the  debit  will  be  increased 
by  the  expenses  of  the  present  session  of  the  Legislature, 
the  accruing  charges  of  the  civil  list,  and  such  special  ap- 
propriations as  the  service  of  the  Government  may  be 
found  to  require.  There  can  be  little  doubt,  that,  at  the 
end  of  the  year,  unless  some  extraordinary  relief  is  now 
afforded,  a  large  balance  of  debt  will  exist,  beyond  any 
funds  in  the  Treasury  to  redeem,  or  any  appropriations 
to  satisfy.  With  what  views  of  policy  this  can  be  per- 
mitted, I  am  wholly  unable  to  comprehend.  It  would 
seem  hardly  consistent  with  the  dignity  and  independent 
sovereignty  of  a  State,  in  the  midst  of  plenty  and  abun- 
dant resources,  to  be  constantly  anticipating  a  periodical 
receipt  of  means,  by  a  resort  to  temporary  expedients,  in 
credits  and  loans,  and  like  an  improvident  and  thriftless  in- 
dividual, to  be  alternately  borrowing  and  paying,  and  in 
debt  and  dependence  to  the  last.  From  such  humiliation 
there  will  be  no  escape,  but  in  meeting,  fairly  and  ]»rompt- 
ly,  the  occasion  of  our  wants,  and  effectually  drawing  up- 
on the  resources  of  the  State  for  their  constant  and  ade- 
quate supply.  I  am  not  aware,  that  there  is  an}'^  thing  of 
prodigality  in  the  expenditures  of  the  Government  to  be 
reformed,  or  that  much  would  usefully  be  saved  by  any 
measures  of  retrenchment  which  can  be  proposed.  It  is 
true  indeed,  that  the  public  servants,  those  laborers,  who, 
of  all  others,  if  faithful,  are  most  worthy  of  their  hire, 
might  be  stinted  in  their  reward ; — that  the  munificence 
of  the  Government,  in  that  noble  deed  of  charity  which 
supports  and  educates  a  class  of  the  most  unfortunate  of 


GOVERNOR'S  SPEECH.  31 

our  Fellow  Beings,  might  be  withheld ; — that  the  liberali- 
ty which  gives  encouragement  to  Agriculture  and  Manu- 
factures, might  be  withdrawn,  and  all  appropriations  for 
public  improvements  henceforth,  be  denied.  But  what 
wise  man  would  desire,  or  what  independent  enlightened 
Legislature  could  consent  to  this  ?  The  present  embar- 
rassment has  not  so  much  resulted  from  unusual  appro- 
priations, as  from  the  defect  of  former  sources  of  revenue. 
The  loss  of  interest  upon  a  large  amount  of  public  stocks, 
expended  in  the  late  war,  and  the  omission  of  the  grant 
of  an  annual  State  tax,  for  several  successive  years,  are 
its  more  obvious  occasions.  Had  only  this  latter  custom- 
ary measure  been  continued,  there  would  have  been  no 
deficit.  I  now  distinctly  recommend  a  recurrence  to  it, 
for  a  sufficient  amount  to  supply  the  exhausted  Treasury. 
If  a  tax  shall  be  granted  at  the  present  session,  the  as- 
sessment of  it  may  conveniently  be  added  to  the  other 
taxes  of  the  3'ear,  for  municipal  purposes,  and  its  collec- 
tion seasonably  made,  to  meet  a  new  loan  on  short  cred- 
it, which  it  will  be  indispensably  necessary  immediately 
to  obtain.  It  is  much  truer  of  Governments  than  of  Indi- 
viduals, that  the  want  of  money  is  the  absence  of  power. 
It  has  a  tendency,  in  the  former,  to  repress  the  public  en- 
ergies, to  discourage  a  generous  spirit  of  enterprize,  and 
to  produce  contracted  and  false  views  of  obligations  to 
Country.  It  is  anxiously  to  be  looked  to,  that  such  ef- 
fects upon  the  great  and  growing  interests  of  this  Com- 
monwealth are  not  now  experienced.  That  mere  pover- 
ty of  the  Treasury,  while  there  is  abundance  in  the  Com- 
munity, shall  not  be  suffered  to  defeat  purposes  of  the 
most  desirable  accomplishment.  That  a  profitless  objec- 
tion of  want  of  present  means,  with  no  effort  to  obtain 


32  GOVERNOR'S  SPEECH. 

them,  may  not  arrest  the  progress  of  those  improvementi^i 
which  will  create  wealth,  multiply  resources,  and  give  in-^ 
creased  prosperity  to  the  State.  Whatever  difficulty  yet 
exists,  is  within  the  immediate  power  of  the  Legislature 
to  control.  Let  a  requisition  be  made  for  the  necessary 
supplies,  and  the  hands  and  hearts  of  the  people  are  open 
to  afford  them. 

The  early  recurrence  of  the  constitutional  period  for 
the  choice  of  President  and  Vice  President  of  the  United 
States  requires  the  performance  of  an  important  duty  by 
the  Legislature,  at  the  present  session,  in  directing  the 
manner  of  appointing  Electors  on  the  part  of  this  Com- 
monwealth. With  a  knowledge  of  the  almost  universal 
sentiment  of  your  Constituents  to  direct  you,  this  will  be 
no  difficult  service.  Confidence  in  the  republican  princi- 
ples and  eminent  qualifications  of  the  present  Chief  Mag- 
istrate, experience  of  his  capacity  and  devoted  fidelity  in 
the  discharge  of  the  high  trusts  with  which  he  has  been 
invested,  and  a  cordial  approval  of  the  measures,  general- 
ly, of  his  administration,  have  created  for  him  a  prefer- 
ence with  the  people  of  Massachusetts,  which  they  will 
doubtless  claim  the  opportunity  fully  to  express.  Yet 
we  cannot  be  indifferent  to  the  diversity  of  opinion  which 
exists  among  our  Fellow  Citizens,  in  other  parts  of  the 
Union.  It  is  indeed  deeply  to  be  lamented,  that,  on  a  sub- 
ject of  common  and  equal  concern  to  the  whole  nation^  a 
spirit  should  any  where  be  indulged,  in  reference  to  com- 
petitors for  this  exalted  station,  unfavorable  to  the  patri- 
otic exercise  of  the  important  duty  of  selection; — that  the 
bitterness  of  discordant  feelings,  a  jealousy  of  sectional 
interests,  political  prejudices,  and  the  exclusiveness  of 
party  associations,  should  be  excited,  to  impair  the  force 


GOVERNOR'S  SPEECH.  33 

of  considerations  of  personal  qualification,  and  to  endan- 
ger a  just  regard  being  had  to  capacity  for  the  public  ser- 
vice. With  whatever  anxiety  the  election  may  be  re- 
garded, the  sentiments  which  are  expressed,  and  the 
measures  which  may  be  pursued  to  effect  the  issue,  will 
be  of  more  eventful  moment.  Republicans  have  no  fears 
that  the  virtue  of  the  people  will  not  be  effectual  to  re- 
strain, or  to  correct,  the  abuses  of  a  brief  official  authori- 
ty. They  have  no  threats  against  possible  disappoint- 
ment in  the  canvass.  Exercising  their  privileges  with  in- 
telligence, and  discharging  their  duty  independently  as 
freemen,  they  will  respectfully  acquiesce  in  any  constitu- 
tional result.  They  are  not  of  the  class  of  politicians  who 
would  set  the  value  of  the  Union  against  the  issue  of  a 
ballot.  Those  who  would  madly  do  this,  know  little  of 
its  cost.  Theirs  were  not  the  sacrifices  at  which  it  was 
purchased,  nor  theirs  the  blood  with  which  it  is  cemented. 
Better  spirits  formed,  and,  thank  Heaven,  there  are  brave 
spirits  yet,  to  defend  it.  The  idle  practice,  upon  every 
occasion  of  discontent  or  excitement,  of  threatening  the 
dissolution  of  the  Union,  should  be  indignantly  reproved. 
The  admonitory  counsels  of  the  Father  of  his  Country 
should  be  reiterated  to  the  ear,  and  to  the  heart,  of  every 
Citizen  of  the  Republic.  The  people  otherwise  may  not 
heed,  because  they  will  not  see  the  danger,  until  that 
which  is  made  familiar  in  word  shall  come  to  be  endured 
in  very  deed. 

And  who  are  they  who  would  sacrifice  this  fair  inheri- 
tance of  freedom,  of  civil  institutions,  of  personal  security, 
and  of  national  happiness,  to  the  fierce  dominion  of  party, 
or  to  the  fancied  advantages  of  a  predominating  sectional 
power  ?     Will  the  hardy  and  vigorous  Yeomanry  of  the 


34  GOVERNOR'S  SPEECH. 

land,  the  intelligent  and  enterprising  Artizans,  Manufac- 
turers and  Mechanics,  in  the  busy  workshops  of  industry 
and  invention,  whose  arms  are  nerved  to  labor,  and  whose 
independence  is  in  their  condition,  be  the  only  sufferers  ? 
Can  the  salutary  protection  of  a  presiding  General  Gov- 
ernment be  withdrawn  from  one  portion  of  Country,  and 
the  authority  of  local  Sovereignties  be  exercised,  with 
more  benignant  influences,  in  another  ?  Let  there  be  no 
such  delusion.  It  is  the  very  extent  of  our  territory,  the 
variety  of  its  soil  and  products,  and  the  diversity  of  habits 
and  pursuits  among  the  people,  giving  occasion  for  trade, 
exchange  and  intercourse,  which  create  necessity  for  un- 
ion. The  baleful  consequences  of  division  will  be  confin- 
ed to  no  section  of  country.  They  will  be  visited  in  par- 
alizing  jealousies,  alike  upon  the  East  and  upon  the  West. 
They  will  overwhelm  with  appalling  apprehensions  the 
white  population  of  the  South.  There  is  no  security  to 
liberty,  but  in  this  bond  of  connection.  In  a  mutuality  of 
interests  and  the  obligation  to  common  protection  consist 
our  only  strength — the  prosperity,  as  much  and  as  truly, 
of  the  parts  as  of  the  whole,  of.each  particular  State,  as  of 
the  entire  Nation.  Let  him  then  be  accounted  an  enemy 
to  his  Country,  who  would  lightly  esteem  the  integrity  of 
the  Union ;  false  to  the  people,  who  would  arrest  their 
career  of  glory,  by  inculcating  sentiments,  or  inducing  to 
measures,  which  may  tend  to  its  destruction. 

The  official  promulgation  of  a  Convention,  which  has 
been  entered  into  between  the  Governments  of  the  Uni- 
ted States  and  of  Great  Britain,  pursuant  to  an  article  in 
the  Treaty  of  Ghent,  respecting  the  settlement  of  our 
North  Eastern  Boundary,  affords  a  favorable  prospect  of 
the  ultimate  amicable  termination  of  a  controversy,  which 


GOVERNOR'S  SPEECH.  35 

has  seriously  threatened  to  impair  the  enjoyment  of  the 
rights  of  this  and  a  sister  State,  and  to  disturb  the  peace 
of  the  Nation.  Under  the  management  of  the  very  able 
Commissioners  who  have  been  appointed  by  the  General 
Government  to  vindicate  our  just  claims  to  the  Territory 
in  dispute,  we  may  confidently  rely,  that  the  interest  which 
this  Commonwealth  has  in  the  lands,  will  be  faithfully 
protected.  There  probably  will  be  no  occasion  for  any 
Legislative  action,  on  our  part.  That  this  question,  how- 
ever, may  be  fully  presented  to  your  consideration,  such 
correspondence  as  I  have  had  on  the  subject,  with  the 
documents  which  I  have  received,  not  before  communi- 
cated to  the  Legislature,  will  be  laid  before  you.  Upon 
the  suggestion  of  the  Secretary  of  State  of  the  United 
States,  I  have  already-  caused  an  examination  to  be  made 
in  the  archives  of  this  Commonwealth,  for  such  ancient 
records  and  papers  as  were  supposed  to  be  important  to 
the  maintenance  of  our  title,  and  have  forwarded  copies, 
duly  authenticated,  for  the  use  of  the  Commissioners. 

I  have  to  advise  the  Legislature,  that  a  vacancy  has 
occurred  in  the  office  of  Major  General  of  the  seventh 
Division  of  Militia,  by  the  resignation  and  honorable  dis- 
charge of  Major  General  John  Whiting,  who,  for  many 
years,  has  sustained  that  command  with  distinguished 
reputation  and  public  usefulness. 

There  are  other  topics  of  great  interest  and  moment, 
which  cannot  fail  to  receive  your  attention,  at  the  earliest 
convenient  season.  In  a  session,  by  usage  almost  exclu- 
sively appropriated  to  the  organization  of  the  Govern- 
ment, and  for  the  disposal  of  such  subjects  only,  as  do  not 
admit  of  postponement,  it  would  be  practically  useless  to 
press  upon  you  their  discussion.     Whenever  measures, 


36  GOVERNOR'S  SPEECH. 

which  have   already  repeatedly  been  proposed,  for  the 
advancement  of  the  system  of  education,  for  the  greater 
encouragement  of  domestic   skill   and  industry,  for  the 
relief,  reform,  and  higher  efficiency  of  the  Militia,  and  for 
an  adequate  supply  of  revenue  from  established  and  per- 
manent sources,  can  be   matured  by  the  councils  of  the 
Legislature,  I  doubt  not,  they  will  meet  your  most   ready 
adoption.     In  the  early   arrangements   of  our  ancestors, 
having  reference  to  these   objects,  the  foundations  were 
laid  of  that  prosperity  and  glory,  which   have   hitherto  so 
highly  distinguished  the  condition  of  the  Commonwealth. 
The  happiness  of  the  people  rests  on  the  basis  o^  pro- 
gressive improvement.     In  the  advance  of  society,  with 
a  rapid   increase  of  population,  in  the   multiplied  pur- 
suits and  infinitely  varied  interests  of  an  enterprizing  com- 
munity, there  needs  must  be  occasion  for  enlarged  capac- 
ities for  intellectual  attainment,  and  a  wider  scope  for  the 
exercise  of  phjsical  energies  and  action.     To  provide  for 
these  is  the  privilege  of  the  present   age.     The  example 
of  our  venerated  Fathers  and  Predecessors  has  pointed  to 
us  the  course,  and  their  principles  will  guide  us  to  the  end 
of  all  our  public  duties.     Their  footsteps  were  ever  in  the 
pathv/ay  of  a  noble  disinterestedness.     In  severe  priva- 
tions, and  through  sacrifices  and  sufferings,  they  attained 
to  the  possessions,  which,  without  toil  and   in   personal 
comfort,  we  receive  as  an  inheritance.      If  we  are  but 
faithful  to  their  counsels  and  just  to   our  true  interests, 
with  the   continuance  of  that  divine  blessing  which  con- 
ducted them  in  safety,  and  on  which  we  would  humbly 
rely,  we  too  shall  find  security  to  our  present  enjoyments, 
and  have  the  best  assurance  of  providing  for  the  happi- 
ness, and  meriting  the  gratitude  of  our  posterity. 

LEVI  LINCOLN, 


MESSAGE.— COUNTY  COMMIS.  IN  ESSEX.  37 


CHAP.  L 

To  the  Honorable  Senate,  and 

House  of  Representatives. 

The  Secretary  of  the  Commonwealth  will  lay  before 
you  the  Documents  relating:  to  the  North  Eastern  Boun- 
dary, referred  to  in  the  communication  which  I  had  the 
honor  personall}'  to  offer  to  your  consideration. 

LEVI  LINCOLN. 

Council  Chamber y  June  3,  1828. 


CHAP.  IF. 

Resolve  for  a  special  session  of  County  Commissioners  in 

Essex. 

June  3,  1828. 

Resolved,  That  the  County  Commissioners,  for  and  with- 
in the  County  of  Essex  be,  and  they  hereby  are  authorized 
and  empowered  to  hold  a  special  meeting,  at  the  Court 
House  in  Ipswich,  in  said  County,  on  the  second  Tuesday 
of  June  next,  for  the  purpose  of  acting  upon  all  such  busi- 
ness as  would  have  regularly  come  before  them  if  the 
meeting  of  said  Commissioners  had  been  holden  on  the 
second  Tuesday  of  April  now  last  past,  agreeable  to  the 
provisions  of  an  Act  passed  the  twenty  sixth  day  of  Feb- 
ruary in  the  )'ear  of  our  Lord  one  thousand  eight  hundred 
and  twenty  eight,  entitled  "  An  Act  to  establish  County 
Commissioners,  and  to  repeal  the  several  Acts  establish- 
ing Courts  of  Sessions,  and  in  addition  thereto,  and  the 
Act  establishing  Commissioners  of  Highways." 


38     F.  WILBY.— J.  BARD  WELL,  &  OTHERS. 

CHAP.  HL 

Resolve  in  favour  of  Francis  Wilby. 

June  7,  1828. 

Resolved,  On  the  petition  of  Francis  Wilby,  and  for  the 
reasons  therein  set  forth,  that  the  Sheriff  and  Gaoler  of 
the  County  of  Suffolk  be,  and  they  hereby  are  authorised 
and  directed,  to  release  the  said  Wilby  from  confinement, 
under  and  by  virtue  of  a  judgment  and  execution  obtain- 
ed against  him  by  this  Commonwealth ;  and  that  no  exe- 
cution issued,  or  to  be  issued  hereafter,  upon  or  by  virtue 
of  the  said  judgment,  or  upon  or  by  virtue  of  any  judg- 
ment that  may  be  thereon  obtained,  shall  be  levied  on  the 
body  of  said  Wilby ; — Provided,  that  nothing  herein  con- 
tained shall  operate  as  a  release  or  discharge  of  the  judg- 
ment aforesaid. 


CHAP.  IV. 

Resolve  on  the  Petition  ofJosiah  Bar  dwell  and  others. 

June  7,  1828. 

On  the  Petition  of  Josiah  Bardwell,  of  South  Hadley, 
Guardian  of  all  the  minor  children  of  Bathsheba  Wail,  late 
of  said  South  Hadley,  deceased,  and  Silas  Stedman,  of 
Springfield,  Guardian  of  Titus  Cooley,  minor  son  and  on- 
ly heir  of  Titus  Cooley,  late  of  said  Springfield,  deceased, 
and  Chloe  Cooley,  Guardian  of  all  the  children  and  heirs, 
being  minors,  of  Calvin  Cooley,  late  of  said  Springfield, 
deceased,  all  which  minors  are  grandchildren  of  Ariel  Cool- 


JOSIAH  BARDWELL,  &  OTHERS.  39 

ey,  late  of  said  South  Hadley,  deceased  ; — for  reasons  set 
forth  in  said  Petition, — 

Resolved,  That  said  Josiah  Bard  well,  Silas  Stedraan, 
and  Chloe  Coole}',  Guardians  as  aforesaid,  be  and  here- 
by are  authorised  and  empowered,  in  conjunction  with 
the  heirs  of  said  Ariel  Cooley  who  are  of  age,  to  con- 
sent, on  behalf  of  said  minor  children,  to  the  rescinding 
and  annulling  a  certain  contract  made  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  six,  by  and  between 
the  said  Ariel  Cooley,  and  the  Proprietors  of  the  Locks 
and  Canals  on  Connecticut  River,  and  the  cancelling  the 
Indentures  in  evidence  of  said  contract  ;  and  in  order  to 
carry  into  effect  an  agreement  made  by  and  between  the 
heirs  of  said  Ariel  Cooley,  who  are  of  age  and  now  living, 
and  the  said  Josiah  Bardwell,  vSilas  Stedman  and  Chloe 
Cooley,  Guardians  of  said  minor  children,  and  the  said 
Proprietors  of  the  Locks  and  Canals  on  Connecticut  Riv- 
er, that  the  said  Josiah  Bardwell  be  and  hereby  is  author- 
ised and  empowered,  in  his  said  capacity,  to  grant,  bar- 
gain and  convey  to  said  Proprietors,  all  the  right,  interest 
and  estate,  which  the  minor  children  of  said  Bathsheba 
have  in  a  certain  tract  of  land,  and  the  buildings  thereon 
lying  and  being,  in  said.  South  Hadley,  and  bounded  as 
follows,  viz.  beginning  on  the  east  bank  of  Connecticut 
River  at  the  south  west  corner  of  Ephraim  and  Eldad 
Smith's  land,  thence  east  five  degrees  north  by  said 
Smith's  land,  eighteen  rods  to  a  stake  and  stones,  thence 
southerly  by  land  of  the  heirs  of  Moses  Gay  lord,  twenty 
six  rods,  thence  easterly  by  land  of  said  heirs,  thirteen 
and  an  half  rods,  thence  south  2°  20'  east  about  seventy 
five  rods,  to  a  point  forty  feet  from  the  Canal  of  said  Pro- 
prietors, thence  northerly  by  said  Canal,  and  forty  feet 
distant  therefrom,  to  the  north  end  of  the  same,  thence 
west  to  said  River,  thence  northerly  b}^  said  River,  to  the 
first  bounds  ; — and  that  said  Josiah  Bardwell,  Silas  Sted- 
raan, and  Chloe  Cooley,  in  their  capacity  as  Guardians  of 
said  minor  children,  respectively,  be  and  hereby  are  au- 
thorised and  empowered  to  grant,  bargain,  sell  and  con- 
vey to  the  Proprietors  of  the  Locks  and  Canals  on  Con- 
necticut River,  all  the  right,  interest  and  estate  the  said 


40  JOSIAH  BARD  WELL,  &  01  HERS- 

minor  children  respectively  now  have  in  and  to  the  fol- 
lowing tracts  and  pieces  of  land,  to  wit,  six  acres  of  land 
being  parti}'  in  Northampton  and  partly  in  West  Spring- 
field, lying  together  and  bounding  easterly  on  Connecticut 
River ;  also  all  the  land  in  South  Hadley  lying  between 
the  said  Canal  and  Connecticut  River,  from  the  head  or 
northerly  end  of  said  Canal  and  the  land  of  Josiah  Bard- 
well,  near  the  southerly  end  of  said  Canal  ; — also  in  and 
to  a  certain  farm  of  land  in  West  Springfield,  bounding 
easterly  on  Connecticut  River  at  the  Falls  of  Willimansit, 
called  and  known  by  the  name  of  Ingram  Farm,  and  lying 
all  together,  and  containing  about  one  hundred  and  twen- 
ty acres,  and  the  buildings  thereon  standing ; — and  that 
said  Josiah  Bardwell,  Silas  Stedman,  and  Chloe  Cooley 
be  authorised  and  empoivered  to  make,  execute  and  deliv- 
er sufficient  deeds  of  the  interest,  right  and  estate  of  those 
for  whom  they  are  Guardians,  as  aforesaid,  according  to 
their  respective  interests,  rights  and  estates  in  said  lands 
to  the  said  Proprietors ;  they,  the  said  Josiah,  Silas,  and 
Chloe,  severally  giving  bonds,  with  sufficient  surety  or 
sureties,  to  the  Judges  of  Probate,  by  whom  their  respect- 
ive letters  of  Guardianship  were  issued,  to  account  for 
such  sums  of  money  as  they  may  respectively  receive  in 
consideration  of  the  said  lands  so  conveyed ;  Provided, 
that  the  said  Judges  of  Probate  respectively  shall  first 
certify,  in  writing,  their  opinion  to  each  of  said  Guardians, 
of  the  expediency  of  making  said  sales  and  conveyances 
as  aforesaid ;  and  it  shall  be  the  duty  of  the  Judges  of 
Probate  aforesaid,  to  examine,  approve  or  disallow  such 
bonds  as  may  by  said  Guardians  be  presented,  as  in  their 
discretion  they  may  see  fit. 


MESSAGE.  41 


CHAP.  V. 


To  the  Honorable  Senate,  and 

House  of  Representatives  ; 

I  herewith  transmit  a  Report  made  to  me  b}'  the  Com- 
missioners appointed  to  audit  the  accounts  of  the  State 
Prison,  which  exhibits  a  detailed  statement  of  the  result 
of  their  investigations,  so  far  as,  under  the  authority  given 
to  them,  they  are  enabled  to  proceed.  But  as  they  sug- 
gest, that  it  is  not  in  their  power  to  make  a  full  and  com- 
plete Report  of  the  situation  of  the  finances  of  the  Prison, 
by  a  retrospective  relation  to  the  precise  state  and  value 
of  the  stock  on  hand,  credits  and  property  of  the  Institu- 
tion, on  the  first  of  April  last,  to  which  period  their  inves- 
tigations were  limited  by  the  Resolve  of  the  Legislature; 
and  that,  by  carrying  forward  the  accounts  to  the  30th  of 
September  next,  when  the  annual  statement  will  be  made 
up,  the  desired  result  may  be  satisfactorily  obtained.  I 
recommend  an  extension  of  their  Commission,  in  such 
manner,  as  to  afford  them  opportunit}^  to  pursue  their  ex- 
amination to  the  end  of  the  year,  and  make  their  Report 
accordingly. 

LEVI  LINCOLN. 

Council  Chamber f  June  7,  1828. 


42  CALEB  V.  ALLEN. 


CHAP.  VI. 

Resolve  on  the  petition  of  Caleb  V.  Jlllen^  of  Mendon^  in 
the  County  of  Worcester,  Guardian  ofJsTathan  George, 
a  minor. 

Juue  9,  1828. 

Resolved,  That  the  said  Caleb  V.  Allen,  for  reasons  set 
forth  in  said  petition,  be,  and  he  hereby  is  authorised  and 
empowered,  to   make   and  execute  to  Welcome  Farnum 
and  Darius  D.  Farnum  of  said  Mendon,  a  deed,  with  suit- 
able covenants,  conveying  to  them,  their  heirs  and  assigns, 
the  right,  easement  and  privilege,  of  erecting,  keeping 
and  maintaining,  at  all  times  hereafter,  a  good  and  suffi- 
cient dam  upon  the  land  of  the  said  Nathan  George,  situ- 
ate in  the  southerly  part  of  JVIendon,  extending  on  said 
land  from  the  north  bank  of  the  Blackstone  River  to  the 
thread  or  centre  of  said  River,  where  it  comes  to  land   of 
the  said  Farnums,  and  on  the  same  site   where   the   dam 
erected  by  the  said  Farnums  above  their  mills  on  said  riv- 
er now  stands,  also  the  privilege  of  using  forever  hereafter 
the  head  of  water,  that  may  be  raised  and  kept  up  by  said 
dam,  for  the  purpose  of  driving  and  carrying  any  mills  or 
water  works  that  have  been,  or  shall   be   erected  by  the 
said_  Farnums,  their  heirs  or  assigns,  and   of  passing  and 
repassing  in  and  upon  the  land  of  the  said  Nathan  George, 
adjacent  to  said  dam,  for  the  sole  purpose  of  erecting,  re- 
paiiing  and  maintaining,  at  all  times,  a  dam  of  the  descrip- 
tion and  on  the  site  above  specified,  said  deed  to  be  made 
upon  payment,  by  the  said  Farnums,  of  the   sum  of  five 
hundred  dollars,  and  interest  theieon,  from  April  15,  18^5, 
and  not  otherwise.     And  such  deed,  so  made  bv  the  said 
Caleb  V.  AlU'p,  as  Guanlian  as  aforesaid,  shall  pass  a  good 
and  valid  title  to  the  said   Welcome,  and  Darius   IX  Far- 
num, their  heirs  and  assigns.     Provided,   the  said   Caleb 
V.  Allen,  first  give  a  bond  to  the  Judge  of  Probate  for  the 
County  of  Worcester,  with  sufficient  sureties,  in  the  pen- 


SELECTM.  OF  E.  BRIDG.— TREAS.  OF  COM.  43 

alty  of  one  thousand  dollars,  conditioned  that  he  will  vest 
the  proceeds  of  said  sale  in  some  safe  and  productive 
stock,  or  put  the  same  out  at  interest,  on  good  security, 
and  that  he  will  faithfully  account  for  the  same,  when  the 
said  minor  shall  arrive  at  full  age. 


CHAP.  VII. 

Resolve  on  the  Petition  of  the  Selectmen  o/East  Bridgwater. 

June  9,  1828. 

On  the  Petition  of  the  Selectmen  of  East  Bridgwater, 
praying  for  the  appointment  of  a  Guardian  to  Anna  Rich- 
ards, a  native  Indian  of  the  Pembroke  tribe  ; — 

Resolved,  That  Azor  Harris,  of  East  Bridgwater,  in  the 
County  of  Plymouth,  be,  and  he  is  hereby  appointed  a 
Guardi?n  to  said  Anna  Richards,  with  all  the  powers  which 
are,  by  tfie  laws  of  this  Commonwealth,  given  to  Guardi- 
aijs  in  other  cases;  Provided,  that  said  Azor  Harris  do 
first  give  sufficient  bonds  to  the  Judge  of  Probate  for  the 
County  of  Plymouth,  for  the  faithful  performance  of  the 
trust  reposed  in  him  by  said  appointment. 


CHAP.  VIII. 

Resolve  atithorising  the  Treasurer  of  the  Commonwealth 
to  borrow  the  sum  of  one  hundred  thousand  dollars. 

June  9,  1828. 

Resolved,  That  the  Treasurer  of  this  Commonwealth 
be,  and  he  is  hereby  authorised  and  directed,  to  borrow  of 


44         INDEXES  TO  JOURNALS  OF  H.  R. 

any  of  the  Banks  in  this  Commonwealth,  or  any  Corpora- 
tion therein,  or  of  any  individual  or  individuals,  such  sum 
or  sums  as  may  from  time  to  time  be  necessary  for  the 
payment  of  the  ordinary  demands  on  the  Treasur}^,  at  any 
time  before  the  meeting  of  the  next  session  of  the  present 
General  Court,  and  that  he  pay  any  sum  he  may  borrow, 
as  soon  as  money  sufficient  for  the  purpose,  and  not  oth- 
erwise appropriated,  shall  be  received  into  the  Treasury. 
Provided^  however,  that  the  whole  amount  borrowed  by 
authority  hereof,  and  remaining  unpaid,  shall  not  at  any 
time  exceed  the  sum  of  one  hundred  thousand  dollars. 


CHAP.  IX. 

Resolve  to  pay  for  the  Indexes  to  the  Journals  of  the  House 
of  Representatives^ 

June  10,  1828. 

Resolved,  Tliat  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth,  to  Pelliam  W.  Warren, 
Clerk  of  the  House  of  Representatives,  for  his  labor  and 
services  in  preparing  Indexes  to  the  Journals  of  the  House, 
from  the  adoption  of  the  Constitution,  and  also  a  General 
Index  to  the  same,  under  the  order  of  the  House,  of  June 
19,  182G,  four  dollars  for  each  and  every  day  during  which 
he  has  been  or  shall  be  actually  employed  in  said  service, 
during  the  recesses  of  the  Legislature  : — and  His  Excel- 
lency the  Governor,  with  advice  of  Council,  is  hereby 
authorised  to  draw  his  warrant  or  warrants  on  the  Treas- 
ury accordingly. 


ELECTORAL  RETURNS.        45 


CHAP.  X. 

Resolve  prescribing  the  form  of  returns  of  Electoral  Votes. 

June   11,  1828. 

liesolved,  That  the  annexed  form  of  a  return  of  votes 
for  Electors  of  President  and  Vice  President  of  the  Uni- 
ted States,  may  be  used,  and  that  the  Secretary  of  the 
Commonwealth  be  directed  to  furnish  each  town,  district 
and  city  in  the  Commonwealth,  with  two  copies  thereof, 
and  to  procure  a  sufficient  number  to  be  printed  for  that 
purpose,  and  that  he  also  furnish  each  town,  district  and 
city  with  a  copy  of  this  Resolve,  and  of  the  Act  directing 
the  mode  of  choosing  Electors  of  President  and  Vice 
President  of  th<i  United  States  ; — And  that  the  Mayor  and 
Aldermen  of  the  City  of  Boston  shall  have  like  power  as 
is  hereby  granted  to  the  Selectmen  of  the  respective 
towns  in  the  Commonwealth,  and  with  the  further  power 
to  vary  this  form,  so  far  as  their  corporate  character  may 
require. 

Form  of  the  Return  of  Votes  given  for  Electors  of  Presi- 
dent and  Vice  President  of  the  United  States. 

At  a  legal  meeting  of  the  Inhabitants   of  the  (Town, 

District  or  City,  as  the  case  may  be)  of ,  in  the 

County  of ,  qualified  according  to  the  Constitu- 
tion, to  vote  for  Representatives  in  the  General  Court, 
liolden  on  the  first  Monday  of  November,  one  thousand 
eight  hundred  and  twenty -eight,  for  the  purpose  of  giving 
in  their  votes  for  Electors  of  President  and  Vice  Presi- 
dent of  the  United  States — The  whole  number  of  votes 
given  in  were  received,  sorted,  counted,  and  declared,  and 
record  thereof  made  in  open  town  meeting,  as  directed  by 
the  Act  passed  June  10th,  A.  D.  1828,  and  were  for  the 
following  persons : 


46  ELECTORAL  RETURNS. 

Electors  at  Large. 

Electors  for  Suffolk  District. 

Electors  for  Essex  South  District. 

Electors  for  Essex  .North  District. 

Electors  for  Middlesex  District 

Electors  for  Worcester  South  District. 

Electors  for  Worcester  North  District. 

Electors  for  Franklin  District. 

Electors  for  Hampden  District. 

Electors  for  Berkshire  District. 

Electors  for  Norfolk  Distrit:t. 

Electors  for  Plymouth  District. 

Electors  for  Bristol  District. 

Electors  for  Barnstable  District. 


Selectmen  of 


Town  Clerk. 


N.  B. — Insert  the  number  of  votes  in  words  at  full 
length,  and  not  in  figures. 


D.  DAVIS  &  OTHERS.— CYRUS  LELAND.    47 

CHAP.  XL 

Resolve  on  the  Memorial  of  Daniel  Davis,  and  others. 
June  11,  1828. 

Whereas,  the  Commissioners,  appointed  pursuant  to  a 
Resolve  of  the  Legislature,  approved  on  the  twenty-sixth 
day  of  February,  A.  D.  1828,  to  inquire  into,  and  decide 
upon  the  claim  set  forth  in  William  Simpson's  Petition, 
were  required  by  said  Resolve  to  report  to  this  Legisla- 
ture, at  its  present  session  ;  and  it  appears  to  be  desira- 
ble that  tlie  said  Commissioners  should  have  further  time 
in  which  to  make  their  Report :  therefore  ; — 

Resolved^  That  the  said  Commissioners  be  allowed  fur- 
ther time,  until  the  next  session  of  this  Legislature,  in 
which  to  make  report  upon  the  matters  refeired  to  them 
by  the  aforenamed  Resolve  ;  and  that  all  the  other  provi- 
sions contained  in  said  Resolve  be  continued  in  force. 


CHAP.  XH. 

Resolve  on  the  Petition  of  Cyrus  Leland. 
June  11,  1828. 

On  the  Petition  of  Cyrus  Leland,  Trustee  of  the  Graf- 
ton tribe  of  Indians  : 

Resolved^  That  the  said  Cyrus  Leland  be,  and  he  here- 
by is  authorised  and  empowered  to  sell,  and  pass  deeds 
to  convey,  such  part  of  the  real  estate  of  Lucy  Gimbee, 
otherwise  called  Lucy  Hector,  and  the  heirs  of  Moses 


48    COM.  ON  STATE  PRISON.— T.  STEDMAN. 

Gimbee,  situate  in  Grafton,  in  the  County  of  Worcester, 
as  he  shall  judge  best  for  their  interest,  provided  he  shall 
invest' the  proceeds  thereof  in  other  real  estate  adjoining 
thereto,  for  their  benefit. 


CHAP.  XIII. 

A  Resolve  extending  the  Powers  and  Duties  of  the  Commis- 
sioners for  auditing  the  accoimts  of  the  State  Prison. 

June  11,  182S. 

Resolved^  That  the  duties  and  powers  of  the  Commis- 
sioners, appointed  to  audit  the  accounts  of  the  State  Pris- 
on, in  pursuance  of  the  Resolve  of  March  4,  1828,  be  en- 
larged and  extended,  so  as  to  carry  forward  the  accounts 
to  the  thirtieth  da}'  of  September  next,  inclusive,  and  that 
they  make  their  Report  accordingly. 


CHAP,  XIV. 

Resolve  on  the  Petition  of  Thomas  Stedman. 

June  11,  1828. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth  to  Thomas  Stedman,  of 
Tyringham,  the  sum  of  twelve  dollars  and  eighty-four 
cents,  in  full  compensation  for  his  services,  and  for  money 
paid,  in  procuring  testimony,  to  be  laid  before  the  Legis- 


WARDEN  OF  STATE  PRISON.  49 

lature,  in  relation  to  the  conduct  of  the  Selectmen  of  Tyr 
ringham,  in  improperly  charging  the  Commonwealth  with 
the  support  of  certain  paupers,  and  b}^  which  a  consider- 
able sum  has  already  been  repaid  into  the  Treasury, — and 
His  Excellency  the  Governor  is  hereby  authorised  and 
requested,  by  and  with  the  advice  of  Council,  to  draw  his 
warrant  on  the  Treasurer,  in  favor  of  said  Thomas  Sted- 
man,  for  the  aforesaid  sum. 


CHAP,  XV. 

Resolve  on  the  Petition  of  Thomas  Harris,  Warden  of  the 

State  Prison. 

June   11,   1828. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth,  to  Thomas  Harris,  War- 
den of  the  State  Prison,  the  sum  of  ten  thousand  dollars, 
for  the  purpose  of  erecting  a  new  Prison,  as  authorised 
by  law.  And  His  Excellency  the  Governor,  by  and  with 
the  advice  and  consent  of  Council,  is  hereby  authorised 
and  requested  to  draw  his  warrant  on  the  Treasury  for 
that  amount. 


50  PAY  OF  MEMBERS.— FUEL. 


CHAP.  XVI. 

Resolve  for  the  pay  of  the  CounciU  Senate,  and  House  of 
Representatives. 

June   11,  1828. 

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  attendance,  as  such,  the  present  political  year,  and 
the  like  sum  of  two  dollars,  for  every  ten  miles  travel 
from  their  respective  places  of  abode,  once  in  each  ses- 
sion, to  the  place  of  the  sitting  of  the  General  Court ; — 
and  also  to  each  member  of  the  Council,  two  dollars  for 
each  day's  attendance  at  that  Board,  at  every  session 
thereof,  during  the  present  political  year,  and  the  like  sum 
of  two  dollars,  for  every  ten  miles  travel,  from  their  re- 
spective places  of  abode,  once  in  each  session  thereof; — 
and  to  the  President  of  the  Senate,  and  Speaker  of  the 
House  of  Representatives,  each,  two  dollars  for  each  and 
every  day's  attendance,  in  addition  to  their  pay  as  mem- 
bers. 


CHAP.  XVH. 

Resolve  authorising  the  purchase  of  fuel,  and  other  articles 
for  the  use  of  the  Commonwealth. 

June  11,  1828. 

Resolved,  That  there  be  paid,  out  of  the  Treasury  of 
this  Commonwealth,  to  Jacob  Kuhn,  Messenger  of  the 
General  Court,  the  sum  of  one  thousand  dollars,  to  enable 


COMMITTEE  ON  ACCOUNTS.  51 

him  to  purchase  fuel,  and  such  other  articles,  as  may  be 
necessary  for  the  use  of  the  General  Court,  together  with 
the  Governor's  and  Council's  Chamber,  the  Secretary's, 
Treasurer's,  Adjutant  General's  offices,  and  also  for  the 
Land  office,  he  to  be  accountable  for  the  expenditure  of 
the  same  :  and  His  Excellency  the  Governor  is  requested 
to  draw  his  warrant  on  the  Treasurer  of  the  Common- 
wealth accordingly. 


CHAP.  XVHI. 

Resolve  in  favor  of  the  Committee  on  Accounts, 

June   II,  1828. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
public  Treasury,  to  the  Committee  appointed  to  examine 
and  pass  on  accounts  presented  against  this  Common- 
wealth, for  their  attendance  on  that  service  during  the 
present  session,  the  sum  of  one  dollar  per  day,  in  addition 
to  their  pay  as  members  of  the  Legislature  ; — viz. 

To  John  Keyes,  four  days,  four  dollars. 

Elihu  Hoyt,  eight  days,  eight  dollars. 

Robert  Rantoul,  eight  days,  eight  dollars. 

Caleb  Rice,  eight  clays,  eight  dollars. 

Benjamin  C.  Perkins,  eight  days,  eight  dollars. 


52  PAY  OF  CLERKS.— JACOB  KUHN. 

CHAP.  XIX. 

Resolve  for  the  pay  of  the  Clerks  of  the  tivo  Houses. 

June  11,   1828. 

Resolved^  That  there  be  paid,  out  of  the  Treasury  of 
this  Commonwealth,  to  the  Clerk  of  the  Senate,  eight  dol- 
lars per  day,  to  the  Clerk  of  the  House  of  Representatives, 
ten  dollars  per  day,  and  to  the  assistant  Clerk  of  the  Sen- 
ate, six  dollars  per  day,  for  each  and  every  day's  attend- 
ance, 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.  XX. 

Resolve  providing  for  the  pay  of  Jacob  Kuhn. 

June   11,   1828. 

Resolved,  That  there  be  allowed  and  paid,  out  of  tjie 
public  Treasur}^,  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,  in- 
cluding those  mentioned  in  a  Resolve  passed  on  the  nine- 
teenth day  of  October,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  fourteen,  for  the  year  commencing 
the  thirtieth  day  of  May  last,  the  sum  of  one  thousand 
dollars,  payable  quarterly ;  and  His  Excellency  the  Gov- 
ernor, with  the  advice  of  Council,  is  requested  to  draw  his 
warrant  accordingly. 


JOHN  V.  LOW.— THOMAS  BARCLAY.       53 

CHAP.  XXI. 

Resolve  in  favour  oj  John  V.  Low. 

June   11,  1828. 

Resolved,  Tliat  there  be  allowed  and  paid,  from  the 
Treasur}'^  of  this  Commonwealth,  to  John  V.  Low,  Assis- 
tant Messenger  to  tlie  Governor  and  Council,  two  dollars 
per  day,  for  each  and  ever}^  day  he  has  been  or  may  be 
emploj'ed  in  that  capacity,  during  the  present  session  of 
the  Council  ;  and  His  Excellency  the  Governor,  with  the 
advice  of  Council,  is  authorised  and  requested  to  draw  his 
warrant  on  the  Treasury  accordingly. 


CHAP.  XXH. 

Resolve  authorising  Thomas  Barclay  to  convey,  as  Guar- 
dian, certain  real  estate. 

June   12,  1828. 


On  the  petition  of  Thomas  Barclay,  and  the  heirs  of 
Mary  Gibbs,  deceased,  praying  that  said  Barclay  may  be 
authorised  to  convey  all  the  legal  right  and  title  which 
Hugh  Swinton  Ball,  of  Charleston,  in  the  State  of  South 
Carolina,  and  Anna  Elizabeth  Ball,  his  wife,  in  her  right, 
both  minors,  under  the  Guardianship  of  said  Barclay,  have 
in  and  to  certain  real  estate  hereafter  referred  to,  of  which 
the  legal  title  was  in  Walter  Channing,  late  of  Boston,  de- 
ceased, father  of  the  said  Anna  Elizabeth,  as  a  mere  trus- 
tee of  the  late  Mar}^  Gibbs,  deceased,  he,  the  said  Walter 


54  THOMAS  BARCLAY. 

in  his  life  time  being  without  any  equitable  interest  in 
said  estate  ; — 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Thomas  Barclay  be,  and  he  is  hereby  authorised  and 
empowered,  by  his  deed,  duly  executed,  acknowledged 
and  recorded,  to  pass  and  convey,  to  any  person  or  per- 
sons duly  appointed  trustee  or  trustees  under  the  will  of 
the  said  Mary  Gibbs,  all  the  right  and  title  which  the  said 
Hugh  Swinton  Ball,  and  Anna  Elizabeth  Ball,  his  wife,  in 
her  right,  as  heir  to  her  late  father,  Walter  Channing, 
have  in  and  to  a  certain  tract  of  land,  with  the  appurten- 
ances, situate  in  the  town  of  Charlestown,  in  this  Com- 
monwealth, commonly  called  and  known  as  the  Ten  Hills 
Farm,  and  also  a  certain  store,  with  the  land  and  appur- 
tenances thereto  belonging,  situate  on  Derby's  Wharf,  in 
Salem,  in  this  Commonwealth,  which  estates  were  former- 
ly the  property  of  Elias  Haskett  Derby,  of  said  Salem, 
and  by  him  conveyed  to  said  Walter  Channing,  and  for 
the  butts  and  bounds  and  further  description  of  said  es- 
tates, reference  is  to  be  had  to  the  instrument  or  instru- 
ments of  conveyance  from  the  said  Derby  to  said  Chan- 
ning ; — Provided,  however,  that  this  Resolve  be  substan- 
tially recited  in  the  deed  or  deeds  contemplated  to  be 
given  by  the  said  Barclay,  as  Guardian  aforesaid,  and  that 
the  said  Hugh,  and  Elizabeth  his  wife,  both  indorse,  under 
their  respective  hands,  in  presence  of  two  disinterested 
witnesses,  their  unqualified  consent  to  the  conveyance  or 
conveyances  which  the  said  Barclay  may  make,  pursuant 
to  the  authority  hereby  given. 


INTERNAL  IMPROVEMENTS.  55 


CHAP.  XXIII. 

A  Resolve  to  enable  the  Board  of  Directors  of  Internal  Im- 
provements to  complete  the  business  of  their  appointment. 

June  12,  1828. 

Resolved,  That  his  Excellency  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Council,  shall  have 
power  to  draw  his  warrants  on  the  Treasurer  of  this  Com- 
monwealth, in  favor  of  the  Board  of  Directors  of  Internal 
Improvements,  for  any  sum  or  sums,  not  exceeding  eight 
thousand  dollars  in  the  whole,  in  addition  to  the  sum  here- 
tofore granted  them,  for  the  purpose  of  defraying  the  ne- 
cessary expenses  and  services  contemplated  by  an  act  en- 
titled "An  Act  to  provide  for  Internal  Improvements,  by 
Rail  Roads,"  passed  March  eleventh,  one  thousand  eight 
hundred  and  twenty  eight. 


ROLL,  No.  99 ...MAY,  1828. 


The  Committee  on  Accounts  having  examined  the  se- 
veral accounts  presented  to  them,  ileport, 

That  there  is  due  to  the  several  Corporations  and  Per- 
sons 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 
mentioned  ;  which  is  respectfully  submitted, 

By  order  of  said  Committee, 

EIJHU  HOYT,  Chairman. 


PAUPER  ACCOUNTS. 

Adams,  for  the  support  of  Philena  Hill,  Jemmy 
Derry  and  wife,  Robert  Harris,  Ebenezer  Lil- 
ley,  Sarah  Goodrich,  Uriah  Carpenter,  Sarah 
Dodge,  and  Molly  Dimon,  to  June  1,  1828,        $170  10 

Amherst,  for  the  support  of  Jane  and  Polly  Rich- 
ardson, and  Jerusha  Douglass,  to  June  1, 1828,       48  60 

Abington,  for  the  support  of  David  Jack  and 

wife,  and  Antonio  Julio,  to  June  9,  1828,  51  30 


PAUPER  ACCOUNTS.  57 

Blandford,  for  the  support  of  John  H.  Dunham, 
Susan  Burdick,  and  Lettice  Brewster,  to  May 
2G,  1828,  no  70 

Belchertown,  for  the  support  of  Armeida  Barden, 
Fidelia  Barden,  and  Hannah  Gearsons,  to  June 
],  1828,  41   24 

Becket,  for  the   support  of  Elizabeth  Hamlin, 

John  Reed,  and  Sam'l  Johnson,  to  June  2, 1828,       28  89 

Bridgewater,  for  the  support  of  John  Chestnut 
and  his  wife,  and  Joanna  Regnier,  to  June  7, 
1828,  54  00 

Boston,  for  the  support  of  sun<hy  paupers  in  the 
House  of  Correction  for  the  quarters  ending 
Dec.  31,  1827,  and  March  31,  1828,  728  07 

Boston,  for  the  sui)port  of  paupers,  to  Ma}'  31, 

1828,  inclusive,  -  1295  25 

Boston,  for  the  support  of  sundry  paupers  in  the 
House  of  Employment  for  Juvenile  Offenders, 
to  May  31,  1828,  inclusive,  254  64 

Boston,  for  the  support  of  sundry  paupers  in  the 

House  of  Industrj',  to  May  31,  1828,  inclusive,  3855  20 

Beverly,  for  the  support  of  Dolly  Claxton,  Ann 
Francis,  David  Murph}^,  Henry  Mason,  Mary 
Conant,  and  John  Kelly,  to  June  1,  1828,  43  86 

Brimfield,  for  ihe  support  of  John  Shelburn, 
Thomas  Corbur,  and  James  Hunter,  to  June 
4,  1828,  98  20 

Barre,  for  the   support  of  Danah  Barker,  and 

James  Davis,  Jun.  to  June  2,  1828,  23  59 

Chester,  for  the  support  of  Benjamin  Powers, 

Ann  Butolph,  Jeremy  Hardy,  to  June  1,  1828,       71    10 

Coleraine,  for  the  support  of  Peter  M.  Hart,  Sam- 
uel Dean,  Sally  Hart,  Mary  Hart,  Stephen 
Hart,  Betsey  Hart,  and  three  children,  Cate 
Van  Vottenburg,  Lucy  Freeman,  John  and  Lu- 
cy, the  children  of  said  Lucy,  to  May  19,  1 828,     160  20 

Cummington,  for  the  support  of  Prister  Peirce, 

to  May  19,  1828,  63  90 

Concord,  for  the  support  of  John  Scot,  to  May 

29,  1828,  and  funeral  expenses,  24  29 

8 


58  PAUPER  ACCOUNTS. 

Cheshire,  for  the  support  of  Ephraim  Richard- 
son, Noel  Randall,  Polly  Cooper,  Joseph  Wil- 
liams and  funeral  charges,  and  Samuel  Tracy, 
to  May  23,  1828,  66  20 

Charlestown,  for  the  support  of  sundry  paupers, 

to  June  10,  1828,  2088  74 

Cambridge,  for  the  support  of  sundry  paupers, 

to  June  10,  1828,  1191   72 

Dudley,  for  the  support  of  Allsbury  Reynolds, 
Sarah  Reynolds,  and  William  Slocum,  to  May 
27,  1828,  48   30 

Dennis,  for  the  support  of  John  Bloom,  to  Feb. 

21,  1828,  and  funeral  expense,  10  65 

Danvers,  for  the  support  of  John  Fitzgerald, 
Owen  Mellen,  Thomas  Littlewood,  John  Hen- 
ly,  Csesar  Wilcox,  James  W^allace,  Ruth  Par- 
sons, Morris  Foley,  Catharine  Marshall,  Mary, 
Agnes,  John  and  William,  children  of  Thomas 
and  Catherine  Marshall,  and  John  Webber,  to 
June  4,  1828,  164  88 

Edgartown,  for  the  support  of  Emanuel  Salvars, 

to  June  1,  1828,  46  80 

Enfield,  for  the  support  of  Deborah  Butterworth, 

to  April  8,  1828,  46  80 

Essex,  for  the  support  of  Catherine  Hall  and  fu- 
neral expense,  to  May  26,  1828,  33   16 

Foxborou.s^h,  for  the  support  of  Sally  Donaldson 

and  Nancy  Bartlett,  to  May  27,  1828,  29  40 

Goshen,  for  the  support  of  Hannah  Day,  to  April 

3,  1828,  11  70 

Gill,  for  the  support  of  Sarah  Lyon,  and  Mary 

Lawson,  to  May  22,  1828,  54  13 

Granville,  for  the  support  of  Samuel  Gallup,  and 

Sally  Stewart,  to  May  31,  1828,  37  80 

Great  Barrington,  for  the  support  of  Philip  Vos- 
burg,  and  funeral  expense,  Graves  and  funeral 
expense,  Isaac  Hoose,  Mary  Hoose,  Joanna 
Porter,  Lucy  Porter,  Temperance  Sears,  Ann 
Wells,  Mary  Ann  Wells,  Edward  Wells,  and 
Amarilla  Wells,  to  May  27,  1828,  133  40 


PAUPER  ACCOUNTS.  59 

Grafton,  for  the  support  of  Joseph  Phillips,  Sa- 
rah Phillips,  Stephen  Phillips,  Eletha  Johns, 
Catharine  Green  and  child,  to  May  28^  1828,       172  40 

Gloucester,  for  the  support  of  sundry  paupers, 

to  June  1,  1828,  381  50 

Hancock,  for  the  support  of  Sally  Shipman,  Silas 
Shipman,  Israel  Clark,  John  H.  North,  Jane 
North,  and  three  children  of  Asa  Jones,  to 
May  28,  1828,  81   07 

Haverhill,  for  the  support  of  Charles  Field,  Eli- 
za Field,  Charles  Field,  Jr.  Wm.  Henry  Field, 
and  Alexander  Mcintosh,  to  April  6,  1828,  46  03 

Hopkinton,  for  the  support  of  Marv  Bryant,  and 

Susan  Parker,  to  June  8,  1828,   *  36  80 

Leyden,  for  the  support  of  Arnold  Clark,  Tacy 
Fuller,  Ruth  x\bel.  Joseph  Abel,  and  Hannah 
Cole,  to  May  26,  1828,  ^  90  00 

Lenox,  for  the  support  of  Moses  M.  Gaw,  Ma- 
ria Palmer,  Edward  Hulbert,  Samuel  I3oid, 
Caroline  Weaver,  Lucinda  Hulbert,  Aurelia 
Hulbert,  Samuel  Bell,  Lucretia  Hulbert,  and 
funeral  expense,  Jane  Austin,  and  Dayton  Ful- 
ler, to  May  26,  1828,  159  36 

Lee,  for  the  support  of  sundry  paupers,  to  May 

20,  1828,  107  26 

Lanesborough,  for  the  support  of  sundry  pau- 
pers, to  May  20,  1828,  256  74 

Montague,  for  the  support  of  Edward  Totter, 
Sarah  Potter,  Anna  Sinclair,  and  funeral  ex- 
pense for  Potter  and  wife,  May  28.  1828,  42  40 

Montgomery,  for  the  support  of  Willard  Con- 
verse, to  June  1,  1828,  19  52 

Mount  Washini^ton,  for  the  svpV^^^   ^^  Robert 

Baker,  to  June  8,  1828,  14  79 

Mendon,  for  the  support  of  John  Ager,  Andrew 
Sloan,  James  Shays,  FiiHp  Owens,  John  Bill, 
John  Bates,  James  Harford,  John  Harrington, 
Thomas  Welch,  Margaret  Carney,  Hugh  Car- 
ney, Ellen  Carney,  Joanna  Delanthy  and  her 
children  Mary,  Eleanor,  John,  Catharine  and 


60  PAUPER  ACCOUNTS. 

Margaret,  Martha  Newell,  Isabella  Kelley, 
Lewis  Young,  John  Appleford's  wife,  and  Ma- 
ry Ann  Culver,  to  June  1,  1828,  269   12 

Monson,  for  the  support  of  Mary  Allen,  Flora 
Story,  Roxana  Wallis,  Dickinson  Wallis,  and 
Benjamin  Wallis,  to  May  1,  1828,  63  93 

Milton,  for  the  support  of  Archibald  McDonald, 
James  Bowman,  John  J.  Miyers,  George  Ham- 
ilton, and  Nancy  Hamilton,  to  June  9,  1828,  60  75 

Newbury,  for  the  support  of  sundry  paupers,  to 

June  I,  1828,         '  564  03 

Newburyport,  for  the  support  of  sundry  paupers, 

to  June  1,  1828,  756  61 

Northborough,  for  the  support  of  Abiel   Stacy, 

and  funeral  expense,  March  20,  1828,  15  80 

New  Bedford,  for  the  support  of  sundry  pau- 
pers, to  April,  1,  1828,  "  907  42 

North  BrookfielcJ,  for  the  support  of  Esther  John- 
son, to  May  26,  1828,  18  00 

Northampton,  for  the  support  of  sundry  paupers, 

to  June  1,  1828,  "  730  47 

Pittsfield,  for  the  support  of  John  Gabriel,  wife, 

and  their  children,  to  May  1,  1828,  55  39 

Plymouth,  for  the   support  of  John  M.  Roap, 

John  Walping,  and  Jame^  Reed,  to  June  9,1828,      54  38 

Rowley,  for  the  support  of  Elle  Collins,  Trypho- 
sa  Knight,  Louisa  Price,  Alphonso  Knight, 
Ann  Maria  Knight,  William  Davis,  Orna  Da- 
vis, Jane  Davis,  and  Catharine  Davis,  to  May 
26,  1828,  102  80 

Rowe,  for  the  support  of  Betsey  Carpenter,  Pa- 
tience Carpenter,  Almira  Wilcox,  Mary  Wil- 
cox, and  Noah  Wilcox,  to  May  30,  1828,  150  80 

Russell,  for  the  support  of  John  Carroll,  Mary 
Newton,  Mary  Stebbins,  and  Sally  Harring- 
ton, to  June  3,  1828,  ^  76  74 

Roxbur}^  for  the  support  of  Emanuel  Swasie, 
Peter  Chapman,  John  Guirn  and  wife  and  four 
children,  Edward  Shehane,  Jane  Landers,  El- 
len and  John  Holland,  Patrick  Collins,  Robert 


PAUPER  ACCOUNTS.  61 

Clew,  Terrence  Riley,  and  Sally  Brown,  to 

June  3,  1828,  211  35 

Richmond,  for  the  support  of  Uriah  Fuller,  Sam- 
uel Hill,  Nancy  Jessup,  Martha  Hagair,  Susan 
Darling,  Amos  Darling,  and  Sarah  Ann  Dar- 
ling, to  June  9,  1828,  121   00 

Southwick,  for  the  support  of  Daniel  Marlow,  to 

June  1,  1828,  46  80 

Salem,  for  the   support  of  sundry   paupers,  to 

June  1,  1828,  1095  48 

Swansey,  for  the  support  of  Mary  Ann  Mason, 
Martha  Dowsnips,  Thomas  McCarter,  and 
Jude  his  wife,  Olive  Freeman,  Rosella  Free- 
man, Diadema  Boiston,  and  Susanna,  to  May 
€4,  1828,  152  00 

STielburne,  for  the  support  of  Mary  Bates,  and 

Elizabeth  Lane,  to  May  27,  1828,  67   10 

Southampton,  for  the  support  of  John  Cockran, 

and  Timothy  Fitts  Charles,  to  May  26,  1828,         34  71 

Sandisfield,  for  the  support  of  Abigail  Pierce 
and  funeral  expense,  and  Richard  Dickson  and 
Phillis  his  wife,  to  May  24,  1828,  53  20 

Shirley,  for  the  support  of  Jenny  Mitchell,  and 

Lucretia  Hazard,  to  May  31,  1828,  141   50 

Stockbridge,  for  the  support  of  Samuel  Rath- 
bone,  Margery  Curtis,  Mary  Ann  Hagar,  Di- 
nah Elkey,  Naomi  Thaxter,  Abraham  Spike- 
man,  and  funeral  expenses,  and  Wm.  Porter, 
to  June  1,  1828,  133  91 

Sheffield,  for  the  support  of  sundry  paupers,  to 

June  8,  1828,  268  76 

Siiaron,  for  the  support  of  Susannah  Rider,  Ed- 
ward Ellis,  and  Elizabeth  Ellis,  to  June  4,  1 828,      3 1   50 

Southbridge,  for  the  support  of  Joseph  Dorus,  Jr. 

and  wife,  to  March  16,  1828,  8  12 

Topsfield,  for  the  support   of  Philis   Esty,  and 

Phillis  Emerson,  to  May  30,  1828,  93  60 

Taunton,  for  the  support  of  sundry  paupers,  to 

June  1,  1828,  197  80 


62  PAUPER  ACCOUNTS. 

Townsend,  for  the  support  of  Miranda  Jackson, 
Samuel  B.  Jackson,  and  Henry  S.  Jackson,  to 
June  1,  1828,  32  34 

West  Hampton,  for  the  support  of  Mary  Ann 
Sherman,  Filia  Sherman,  Jane  Gay,  Harry 
Miller  and  wife,  and  Margaret  Ellis  and  her 
child,  to  May  22,   1828,  80  50 

West  Stockbridge,  for  the   support   of  sundry 

paupers,  and  funeral  expenses,  to  May  24,1828,     182  15 

West  Springfield,  for  the  support  of  Hannah  She- 
voy,  Louis  Shevoy,  Laura  Chapin,  Rodney 
Benedict,  and  Hugh  Lynch,  to  May  31,  1828,        69  02 

Williamstown,  for  the  support  of  sundry  pau- 
pers, to  May  17,  1828,  173  26 

Westfield,  for  the  support  of  John  N.  Berry,  Es- 
ther Berry,  Theodotia  Gillet,  Asceneth  Gib- 
son, Mary  Parks,  Mary  Ann  1  barker,  Aaron 
Burr,  George  Gibson.  Robert  Livingston,  Dol- 
ly Ann  St.  Paul,  to  June  1,  1828,  169  26 

Ward,  for  the  support  of  Sarah  Wiser,  to  May 

10,  1828,  46  80 

Watertown,  for  the  support  of  Rebecca  Rowen, 
Samuel  Latch  and  wife,  Henry  Brown,  Rob- 
ert Francis,  Philip  Morer,  Edmund  Dada,  Wni. 
Rogers  and  wife,  John  Williams,  Wm.  Dely, 
Gilbert  Kerker  and  wife  and  four  children,  viz. 
Martha,  Sarah,  Abigail  and  Margaret,  to  June 
1,  1828,  145  98 

Western,  for  the  support  of  Thomas  Humphry, 

and  Joseph  R.  Trim,  to  May  26,  1828,  70  20 

Williamsburg,  for  the  support  of  John  Cook,  to 

May  25,  1828,  39  47 

West  Newbury,  for  the  support  of  sundry  pau- 
pers, to  May  8,  1828,  74  84 

Wrentham,  for  the  support  of  Jane  Donaldson, 

and  Nancy  Donaldson,  to  April  29,  1828,  24  00 

Wilbraham,  for  the  support  of  Eunice  Davis,  Ma- 
ry Walker,  Alice  Dodge,  Bathsheba  Butter- 
field,  Mary  Jane  Butterlield,  and  Simeon  L. 
Butterfield,  to  May  21,  1828,  239  20 


PRINTERS'  &  MISCEL.  ACCOUNTS.        63c 

Yarmouth,  for  the  support  of  Thomas  Peters,  and 

Black  Let,  to  May  29,  1828,  93  CO 


PRINTERS'  AND  MISCELLANEOUS  ACCOUNTS. 

MAY,    1828. 

Archibald,  George,  for  furniture  for  State  House, 

May  26,  1828,  70  00 

Adams,  AVra.  for  furniture  for  State  House,  June 

10,  1828,  34  15 

Andrews,  Sam'lG.  for  newspapers  to  June  1,1828,        1  44 
Bowles,  Samuel,  for  printing  laws  to  ending  Jan- 
uary, 1828,  16  66 
Blaney,  Henry,  for  repairs  to  State  House  to 

June  10,  1828,  30  99 

Burditt,  James  W.  for  articles  furnished  the  Gen- 
eral Court,  and  the  several  offices  in  the  State 
House,  to  June  10,  1828,  218  37 

Badger  &  Porter,  for  newspapers  to  June  1,  1828,       44  52 
Ballard  &  Wright,  for  printing  laws  and  news- 
papers to  June  11,  1828,  35  42 
Bacon,  Henry,  for  assistini;  Messenger  to  Gen- 
eral Court  to  June  11,  1828,          "  34  00 
Colton,  Samuel  H.  &  Co.  for  printing  laws  to 

June  1,  1828,  16  67 

Cutting,  Elijah  W.  for  assisting  Messenger  to 
General  Court,  for  himself  and  son,  to  June 
10,  1828, 
Clapp,  W.  W.  for  newspapers  to  June  10,  1828, 
Chase,  Warren,  for  assisting  Messenger  to  Gen- 
eral Court  to  June  11,  18^28, 
Dutton  &  Wentworth,  for  State  printing  to  June 

10,  1828, 
Davis,  James,  for  paper  for  State  House  to  June 

6,  1828,  93  69 


43 

00 

6 

58 

34 

00 

1691 

04 

64      SHERIFFS'  &  CORONERS'  ACCOUNTS. 

Goodrich,  I.  W.  for  sundries  for  Secretary  of  State 

to  June  5,  1828,  33  50 

Howe,  James  F.  for  newspapers  to  June  11, 1828,      29  24 
Hale,  Nathan,  for  newspapers  and  printing  to 

June  7,   1828,  ^  35  72 

Kuhn,  Jacob,  for  balance  of  account  to  June  10, 

1828,  146  25 

Kuhn,  Jacob,  Jr.  for  assisting  Messenger  to  June 

11,  1828,  30  00 

Lindsay,  Benjamin,  &  Son,  for  publishing  laws 

to  May,   1828, 
Mudge,  Benjamin,  for  newspapers  to  June  1 1,1828, 
Pitts,  Sarah,  for  services  of  her  son  as  Page  to 

the  House  of  Representatives  to  June  11, 1828, 
Palfrej',  Warwick,  publishing  laws  to  Ma}',  1828, 
Russell,  J.  B.  for  newspapers  to  June  9,  1828, 
Reed,  David,  for  newspapers  to  June  9,  1828, 
Saxton,  J.  A.  for  publishing  laws  to  June  1, 1828, 
Snelling,  Enoch  H.  for  repairs  to   State  House 

to  June  10,  1828,  49  37 

True  &  Greene,  for  newspapers  and  printing  to 

June  7,  1828,  29  25 

Webster,  Charles,  for  printing  laws   to  June    1, 

1828,  16  66 

Wheildon  &.  Raymond,  for  newspapers  and  print- 
ing to  June,  1828,  18  81 
Webl3,  Daniel,  for  newspapers  to  June  10,  1828,       22  25 
Wheeler,  John  H.  for  repairs  to  State  House  to 

June  4,  1828,  225  94 

Young  &  Minns,  for  newspapers  and  printing  to 

Mav,  1828,  "  26  87 


16 

67 

40 

38 

13 

00 

16 

66 

5 

48 

4 

15 

16 

67 

SHERIFFS'  AND  CORONERS'  ACCOUNTS. 

MAY,     1828. 

Austin,  Nathaniel,  Sheriff  of  Middlesex  County, 
for  returning  votes  for  1827  and  1828  to  June 
1,  1828,  1  60 


x\IILITARY  ACCOUNTS.  65 

Drew,  Benjamin,  Coroner  of  Pl3^mouth,  for  fees 

of  inquisition  to  June  1,  1828,  12  40 

Hojt,  Epaphras,  ShtriflT  of  Franklin  County,  for 

returninij;  votes  to  June  1,  1828,  8  00 

Oliver,  John,  Island  Keeper,  for  his  fees  to  Dec. 

31,  1827,  and  for  the  annual  allowance  of  wood 

to  the  same  time,  ^  104  44 

Pease,  Josiah  D.  Sheriff  for  the  County  of  Dukes 

County,  lor  returning  voles  to  May  24,  1828,  8  00 

Phelps,  John,  Sheriff  of  Hampden  County,  for 

returning  votes  to  June,  1828,  91   20 

Snow,  Prince,  Jr.  as  one  of  the  Coroners  of  the 

County  of  Suffolk  from  Feb.  6,  to  June  5,  1828,       69  20 


MILITARY  ACCOUNTS. 

MAY,    1828. 

For  Courts  Martial. 

H olden  at  Paxton  on  the  18th  March,  1828. 

Jonas  A.  Marshall,  President^ 
Welcome  Wardsworth,  Courts 
Elijah  Stoddard,  " 

Willard  Rice,  « 

Lewis  Mills,  " 

John  G.  Thurston,  Marshall, 
George  Bowen,  Orderly  Setjeant, 
Aaron  Brooks,  Jr.  Judge  Advocate, 
Abel  Bartlett,         Witness, 
Nathaniel  Pike,  " 

Silas  D.  Harrington    " 
Nathaniel  Crocker,     " 
Bradley  W.Li vermore,  " 
Horace  Knight,  " 

9 


11 

80 

8 

20 

8 

30 

6 

80 

7 

50 

8 

00 

3 

.00 

14 

20 

1 

90 

1 

66 

1 

16 

1 

54 

1 

74 

50 

66  MILITARY  ACCOUNTS. 

Holden  at  Williamstown,  on  the  27th  March,  1828. 

Samuel  M.  McKay,  President, 
Elijah  M.  Bissell,  Court, 
Stoddard  Hubbell,     « 
Wm.  Porter,  Jr.  Jtiffge  Advocate, 

Ephraim  B.  Danforth,  Witness. 

Rensalaer  Salmon,  " 

Kenjon  Salmon,  " 

Frederic  Mnnroe,  " 

Sylvanus  Thomas,  " 

Robert  Noble,         '  " 

James  Noble,  " 

Russell  Pratt,  « 

Eli  Wellington,  Jr.  " 

Selden  Cone,  " 

James  Meachum,  " 

Luther  Bartlett,  « 

Henry  Suby,  '« 

Elkanah  Cronk,  " 

Elisha  Brooks,  « 

Samuel  Burchard,  " 

William  Burchard,  " 

Stephen  Petritt,  « 

Julius  E.  Towner,  " 

AllTed  Walker,  " 

Alfred  Monroe,  " 

Chester  Stone,  " 

Sherman  Curtiss,  " 

Horace  Perry,  " 

Albert  Williams,  " 

Thomas  Stewart,  " 

John  Albright,  " 

Albert  G.  W.  Smith,  « 

Daniel  Stephens,  " 
Wm.  Porter,  Judge  Advocate,  for  Stationary, 
James  Wakefield,  for  serving  notices, 

Jabez    Hall,   summoning   2  witnesses, 

JosephusBordwell, "         28  " 

Solomon  Buckley,    "            1  " 

Ephraim  B.  Danforth,  «        2  « 

William  Waterman,  for  fuel  and  room, 


11  00 

8  00 

7  50 

\b   00 

1  58 

1  82 

1  82 

1  08 

1  70 

1  04 

54 

54 

1  50 

82 

1  54 

1  04 

I  66 

1  12 

1  04 

1  04 

1  04 

54 

54 

54 

I  04 

1  12 

1  70 

1  70 

1  12 

1  20 

58 

1  04 

1  12 

72 

66 

80 

40 

18 

36 

00- 

-16  12 

MILITARY  ACCOUNTS.  67 

Nathan  Heard,  for  services  by  order  of  the  Gen- 
eral order,  15  April,  1828,  in  relation  to  the 
election  of  Elsworth  Child,  5  00 

Caleb  Gushing,  Judge  Advocate  of  2d  Division, 
for  fees  in  the  case  of  JViaj.  John  Stickney, 
April  19,  1828,  10  00 

Brigade  Majors  and  Inspectors. 

Wyman  Richardson,  to  6  June,  1828, 
Joseph  Butterfield,      "   1     " 

Adjutants. 

Watson  Gore,  to  Dec.  31,  1827, 
John  Towne,  to  May  21,  1828, 
Joseph  Hooper,  Jr.  to  March  11,  1828, 
Samuel  Woodburn,  Jr.  to  Dec.  31,  1827, 
E.  A.  How?ird,  to  June  1,  1828, 
William  Ware,  to  April  1,  1828, 
Willard  Day,  to  Dec.  31,  1827, 
Timothy  Jokcs,  to  June  1,  1828, 

Hauling  Artillery. 

Abijah  Thompson,  1827, 
H.  H.  Bordwell,  1827, 
Joseph  Alien,  1827, 


40 

00 

56 

66 

25 

00 

25 

00 

30 

00 

25 

00 

25 

00 

12 

50 

25 

00 

25 

00 

12 

00 

10 

00 

9 

17 

AGGREGATE  OF  RO£L  STo.  99. 

MAY,     1828. 

Expense  of  State  Paupers,  20418  37 

'•  "  Sheriffs  and  Coroners,  294  84 

"  "  Printers  and  Miscellaneous,  3147  40 

"  "  Brigade  Majors  and  Inspectors,  96  66 

"  «  Adjutants,  192  50 

"  «  Hauling  Artillery,  31    17 

"  «  Courts  Martial  &  Courts  of  Enquiry,     182  58 

Amount  of  Roll  No.  99,  %  24363  52 


68  llESOLVE. 

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  their  names 
respectively,  amounting  in  the  whole  to  twenty  four  thou- 
sand, three  hundred  and  sixty  three  dollars,  fifty  two  cents, 
the  same  being  in  full  discharge  of  the  accounts  and  de- 
mands to  which  they  refer. 

In  Senate,  June  11,  1828. — Read  twice  and  passed, 
Sent  down  for  concurrence. 

SH.  LELAND,  President. 

In  House  of  Representatives,  June  11,  1828. — Read 
twice,  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker. 

June  12,  1828. 

Approved, 

LEVI  LINCOLN. 


eommon^eaUft  of  S^HmHtfiumttu. 


SECRETARY'S  OFFICE,  JULY  25,  1828. 

I  HEREBY  CERTIFY,  that  T  havc  Compared  the  Resolves 
printed  in  this  pamphlet,  with  the  original  Resolves  pass- 
ed by  the  Legislature  in  June  last,  and  that  they  appear 
to  be  correct. 

EDWARD  D.  BANGS, 

Secretary  of  the  Commonwealth, 


I]\^DEX 

TO  THE  RESOLVES  OF  MAY  AND  JUNE  SESSION,  1828. 


A. 

Accounts,  Committee  on,  paid  for  services,  .         .  .51 

Roll  of,  No.  99, 56 

Allen,  Caleb  V.  guardian,  empowered  to  convey  interest  of  Na- 
than George,  a  minor,        ......     42 

B. 

Barclay,  Thomas,  guardian,  authorised  to  convey  estate  of  cer- 
tain minors,       ........     53 

Bardwell,  Josiah,  and  others,  guardians,  empowered  to  convey 

estate  of  certain  minors,  &c.       .         .         .  .  .38 

C. 

Clerks  of  Senate  and  House,  compensation  of,         .  ...     52 

Commissioners  on  William  Simpson's  petition,  allowed  further 

time  to  make  report,  .  .  .  .47 

*'  on  accounts  of  State  Prison,  their  power  and 

duty  extended,  .  .  .  .          .48 

Committee  on  Accounts  paid  for  services,       .  .     '     .  .51 

«  "         "         their  Roll,  No.  99,  ...     56 

County  Commissioners,  in  Essex,  to  hold  special  session,         .     37 

D. 

Davis,  Daniel,  and  others,  Commissioners   on  William   Simp- 
son's claim,  allowed  further  time  to  make  report,  .     47 
Directors  of  Internal  Improvements,  appropriation  in  favor  of,        55 


INDEX.  ii 

E. 

East  Bridgwater,  petition  of,  granted,  for  appointment  of  a  guar- 
dian to  a  native  Indian,       .  .  .  •  .  .43 
Electoral  Votes,  form  of,  &ic.  prescribed,        .          .          .          .45 
Essex,  County  of,  special  session  of  County  Commissioners  to 

be  holden  in,  .......     37 

F. 

Fuel,  &tc.  for  use  of  government,  appropriation  for,  .  .     50 

G. 

General  Court,  pay  of  Members  of,  provided  for,              .  .     50 

Governor's  Speech,  at  beginning  of  the  Session,      .          .  .21 

"          Message,  transmitting  Documents,  relating  to  N.  E. 

boundary,       .          .          .          .  .37 

"                "         transmitting  Report  of  Commissioners  on 

State  Prison  accounts,     .          .  .41 

Grafton  Indians,  certain  estate  of,  may  be  sold  by  Trustee,  47 

H. 

Harris,  Azor,  appointed  guardian  to  Anna  Richards,  an  Indian,     43 
Harris,  Thomas,  Warden  of  State  Prison,  grant  to,  for  erection 

of  new  prison,  .......     49 

I. 

Internal  Improvements  ;  further  appropriation  for  surveys,         .     55 
Journals  of  House  of  Representatives,  compensation  for  prepar- 
ing index  of,     .  .         .         .         .         .         .         .44 

K. 

Kuhn,  Jacob,  Messenger  to  General  Court,  pay  of,  provided  for,     52 

Li. 

Leland,  Cyrus,  trustee  of  Grafton   Indians,  empowered  to  sell 

certain  real  estate,      .  .  .  •  •  .  .47 

Low,  John  V.  Messenger  to  Governor  and  Council,  pay  of,  pro- 
vided for.  ........     53 


iii  INDEX. 


M. 


Members  of  Council,  Senate  and  House,  pay  of,  provided  for,  50 
Message  of  Governor,  transmitting  documents  respecting  N.  E. 

boundary,     .  .  .  .  .37 

"  "  "  transmitting  report  of  Commissioners  on 

accounts  of  State  Prison,        .  .41 

Messenger  of  General  Court,  grant  to,  for  purchase  of  fuel,  &£c.     50 


President  and  Vice  President,  form  of  votes  for  Electors  of,  &tc. 

prescribed,        ........     45 

R. 

Roll  of  Accounts,  No.  99, 56 

-s. 

Secretary  directed  to  furnish  towns  with  forms  and  copies  res- 
pecting choice  of  Electors  of  President,  he.  .  .     46 
Simpson,  William,  Commissioners  on  his   claim,    allowed   fur- 
ther time  to  make  report,             .          .          .          .  .47 

Speebh  of  Governor,  to  Senate  and  House,  .  ,  .     21 

State  Prison,  report  of  Commissioners  On  accounts  of,  transmitted,    41 
"         "      Commissioners  on  accounts  of,  their  power  and  du 

ty  extended,        .  .  .  .  .  .48 

"  "       grant  for  erecting  new  building  at,        .  .  .     49 

Stedman  Thomas,  paid  for  services  in  procuring  testimony  rela- 
tive to  certain  accounts  of  town  of  Tyringham,     .  .     48 

T. 

Treasurer  of  Commonwealth,  empowered  to  borrow  money,     .     43 

W. 

Warren,  Pelham  W.  paid  for  preparing  index  to  Journals  of 

H.  of  R .          .  .44 

Wilby,  Francis,  discharged  from  imprisonment,        .  .38 


RESOLVES 


P. 


THE    GENERAL  COURT 


OF    THE 


PASSED  AT  THEIR  SESSION, 

WHICH  COMMENCED   ON   WEDNESDAY,  THE   SEVENTH   OF  JANUARY,   AND 

ENDED  ON  WEDNESDAY,  THE  FOURTH  OF  MARCH,  ONE  THOUSAND 

EIGHT   HUNDRED   AND   TWENTY-NINE. 


Published  agreeably  to  a  Resolve  of  i6th  January,  1812. 


TRUE  AND  GREENE,  PRINTERS  TO  THE  STATE. 
1829. 


RESOLVES 

OF 

THE  GENERAL  COURT, 

OF    THE 

COMMONWEALTH  OF  MASSACHUSETTS^ 

PASSED  AT  THEIR  SESSION, 

WHICH     COMMENCED     ON     WEDNESDAY,    THE    SEVENTH    OF     JANUARY) 

AND    ENDED    ON    WEDNESDAY,    THE    FOURTH    OF    JtfARCH,    ONE 

THOUSAND    EIGHT    HUNDRED   AND   TWENTY-NINE. 


GOYERNOR'S  MESSAGE. 


His  Excellency  the  Governor  sent  down  from  the  Courts 
cil  Chamber^  by  the  Secretary  of  the  Commonwealth,  to 
the  Senate  and  House  of  Representatives,  the  following 

MESSAGE : 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Representatives : 

On  re-assembling,  as  the  Representatives  of  a  free  peo- 
ple, for  the  discharge  of  public  duties,  in  the  adoption  of 
measures  to  promote  the  future  welfare  of  the  Republic, 
we  are  naturally  led  to  a  review  of  those  social  and  polit- 
ical blessings,  in  the  enjoyment  of  which  we  have  enter- 
ed upon  a  new  year,  and  to  devout  acknowledgments  of 
gratitude  to  the  Sovereign  Ruler  of  the  Universe,  for  that 
10 


72  GOVERNOR'S  MESSAGE. 

benevolent  providence,  which  has  sustained  the  Nation  in 
peace  and  happiness,  through  the  year  which  has  just 
closed.  The  recent  full  and  lucid  exposition  of  our  pub- 
lic concerns,  which  is  given  in  the  kite  official  communi- 
cation of  the  President  to  Congress,  affords  satisfactory 
assurance  of  the  increasing  prosperity  of  our  widely  ex- 
tended Country,  and  by  reference  to  measures  and  events, 
is  the  best  vindication  of  the  ability,  wisdom,  pure  and 
devoted  patriotism,  with  which  the  administration  of  its 
affairs  has  been  conducted.  To  no  other  people  on  earth 
has  so  large  a  portion  of  personal  and  public  happiness 
been  vouchsafed.  Of  no  nation  does  the  history  of  past 
or  of  present  time  exhibit  such  a  picture  of  true  moral 
grandeur.  A  great  people,  self-governed  by  their  own  in- 
telligence and  moderation,  appointing  their  Agents  through 
the  forms  of  a  voluntary  compact,  directing  the  policy  of 
their  Government  by  opinion,  sustaining  or  impeaching  an 
administration  according  to  the  dictates  of  sentiment  or 
of  interest,  and  by  a  rotation  in  the  offices  of  power  and 
of  trust,  in  the  peaceful  exercise  of  the  right  of  suffrage, 
producing  changes  of  men  in  the  highest  stations,  which, 
in  other  countries,  are  rarely  effected  but  by  desperate 
achievements  of  revolution  and  bloodshed.  To  the  char- 
acter of  our  republican  Institutions  we  are  indebted,  under 
Heaven,  for  whatever  is  thus  enviable  in  our  condition. 
The  continuance  of  our  public  enjoyments  must  depend 
upon  the  purity  in  which  these  Institutions  are  preserved, 
through  the  cultivated  intelligence  of  the  Citizens.  In 
the  progress  of  the  country  in  wealth  and  power,  and 
their  too  inseperable  accompaniments,  individual  luxury 
and  pride,  patriotism  will  require  many  sacrifices.  Per- 
sonal ambition  must  be  restrained  to  a  subserviency  to 


GOVERNOR'S  MESSAGE.  n 

the  general  interest.  Local  objects  must  be  surrendered 
to  the  common  good. — Above  all,  sectional  jealousies,  ex^ 
elusive  party  considerations,  and  the  factious  designs  of 
restless  and  turbulent  men,  must  be  repressed,  by  the  se- 
verest rebukes  of  a  patriotic  spirit,  while  national  feeling, 
reverence  for  the  constitution,  and  an  inviolable  adherence 
to  the  principles  of  the  confederacy,  should  be  inculcated 
and  insisted  upon,  at  all  times,  whenever  and  wherever 
there  may  be  opportunit}^  and  by  all  the  motives  and, 
sanctions,  which  love  of  freedom  and  allegiance  to  coun- 
try can  suggest. 

These  reflections,  I  trust,  will  not  be  regarded  as  a  de- 
parture from  the  course  of  remark  w^hich  is  appropriate 
to  an  official  communication,  on  occasions  like  the  present. 
In  the  discharge  of  our  obligations  to  the  Commonwealth, 
as  a  member  of  the  great  national  famih^  we  are  bound 
to  recognize  the  relation,  and  to  cherish  sentiments  of  at- 
tachment to  the  Union.  The  utmost  fidelity  to  the  inter- 
ests of  the  State,  is  not  inconsistent  with  the  performance 
of  every  enjoined  duty  to  the  Nation.  If  indeed  it  be 
otherwise,  then  are  the  devices  of  our  forms  of  govern- 
ment a  delusion,  and  the  valor  and  wisdom  of  those  who 
established  them,  with  the  happy  experience  of  a  half 
century  in  their  administration,  have  deceived  and  betray- 
ed us.  I  am  aware  that  a  note  of  alarm  has  been  sound- 
ed loudly  on  this  subject,  and  that  some  of  the  powers 
claimed  by  the  General  Government  have  been  charo-ed 
as  flagrant  violations  of  the  rights  of  the  States.  But  a 
recurrence  to  the  fundamental  principles  of  the  Union 
may  prevent  much  misapprehension.  The  preamble  to 
the  articles  in  the  Constitution  of  the  United  States,  adopt- 
ed subsequently  to  the  formation  of  the  Constitutions  of 


U  GOVERNOR'S  MESSAGE. 

the  several  States,  which  were  original  parties  to  the  com- 
pact, is  an  express  declaration  by  the  People,  that  "  in  or- 
der to  form  a  more  perfect  union,  establish  justice,  ensure 
domestic  tranquillity,  promote  the  general  welfare,  and  se- 
cure the  blessings  of  liberty  to  themselves  and  their  pos- 
terity," they  did  ordain  and  establish  the  frame  of  the 
Federal  Government.  The  Independent  Sovreignties, 
which  before  existed,  connected  together  by  the  feeble 
bond  of  the  old  Confederation,  were  found  incompetent  to 
secure  these  high  objects.  For  their  accomplishment,  it 
was  deemed  necessary,  by  the  States  themselves,  that  the 
National  Government,  in  its  present  form,  and  with  ade- 
quate powers,  should  be  established,  and  it  is  not  too 
much  to  pronounce,  that  whenever  the  existence  of  these 
powers  shall  successfully  be  denied,  or  their  discreet  ex- 
ercise effectually  resisted,  all  the  ends  for  which  they  were 
granted,  union,  justice,  domestic  tranquillity,  the  general 
welfare,  and  the  blessings  of  liberty,  will  be  endangered. 
Nor  let  this  be  regarded  as  any  admission  that  a  latitudi- 
narian  construction  may  be  given  to  the  Constitution. 
On  the  contrary,  the  political  axiom,  that  the  authority 
which  is  not  delegated  to  the  General  Government  is  re- 
served to  the  States,  cannot  too  scrupulously  be  regarded. 
The  States,  independently  of  each  other  and  of  the  Union, 
possess  every  attribute  of  original  sovereignty  with  which 
they  have  not  voluntarily  parted,  and  neither  their  rights 
of  jurisdiction,  more  than  the  extent  of  their  territory  can 
be  abridged,  within  the  utmost  of  their  present  limits,  but 
by  their  further  consent. 

A  reference  to  the  General  Government  associates  with 
it  a  recognition  of  the  issue  of  the  late  Presidential  Elec- 
tion.    Massachusetts,  on  this  occasion,   has  given   an   op- 


GOVERNOR'S  MESSAGE.  75 

posing  vote  to  the  successful  Candidate.     In  this,  she  has 
but  exercised  the  right  of  preference  for  a  Statesman  of 
known  ability,  profound  learning,  great  experience,  and 
long  and  approved  trust  in  the  civil  departments  of  Gov- 
ernment, over  a  Fellow  Citizen,  hitherto  more  eminent  in 
other   distinctions.     A  Republican   People,   having  cast 
their  ballots  with  the  independence  becoming  Freemen, 
will  be  just  to  the  principles  of  their  Government,  in  yield- 
ing a  respectful  submission  to  the  constitutional  result. 
Although  they  may  have  withheld  expressions  of  confi- 
dence  in    the   qualifications   of  the  Candidate,  they  will 
judge  with  unprejudiced  minds  the  conduct  of  the  Officer. 
The  succeeding  Administration  will  be  looked  to,  with 
that  jealous  vigilance,  which  is  induced  by  a   solicitous 
concern  for  the  character  of  our  institutions.     If  it  shall 
respect  the  limitations   of  authority,   be  directed  by  the 
dictates  of  a  pure  and  elevated  patriotism,  promote  with 
faithfulness  and  impartiality  the  interests   of  the  whole 
people,  preserve  domestic  tranquillity,  and  maintain  the 
peace  and  honor  of  the  nation,  it  will  find  here  a  support, 
as  efficient  and  sincere,  as  though  it  had  been  pledged  to 
the  snccess  of  the  election.     We  owe  this  to  our  country, 
as  well  as  to  him,  who,  by  the  suffrages  of  his  fellow  citi- 
zens, has  the  high  honor  of  having  been  called  to  preside 
over  their  public  affairs. 

Several  subjects  of  peculiar  concern  to  the  interests  of 
the  Commonwealth,  on  which  I  had  the  honor  to  offer  my 
sentiments  to  your  consideration,  at  the  commencement 
of  the  political  year,  remain  in  the  custody  of  the  Legis- 
lature, upon  the  Reports  of  Committees,  and  by  orders  of 
reference,  to  be  acted  upon  at  the  present  session.  Of 
these,  the  most  urgent,  is  that  which  relates  to  the  Reve^ 


76  GOVERNOR'S  MESSAGE. 

nue,  and  I  hope  to  be  excused  in  again  earnestly  pressing 
it  upon  your  attention.  Since  the  omission  of  the  annual 
grant  of  a  State  Tax,  the  receipts  into  the  Treasury  have 
been  constantly  insufficient  to  meet  the  ordinary  expenses 
of  Government.  The  deficiency  of  the  year  1827  ex- 
ceeded the  sum  of  sixty  three  thousand  dollars,  and  near- 
ly exhausted  the  remaining  balance  of  former  years.  The 
accounts  of  the  Treasurer,  for  the  past  year,  made  up  to 
the  first  instant,  state  the  receipts,  exclusive  of  money 
obtained  upon  loans,  at  two  hundred  and  forty  thousand, 
twenty  six  dollars  and  thirty  two  cents,  and  the  expendi- 
tures at  three  hundred  and  seven  thousand,  seven  hundred 
and  sixty  nine  dollars,  three  cents,  making  an  excess  of 
the  latter  over  the  former,  of  sixty  seven  thousand,  seven 
hundred  forty  two  dollars,  and  sevent}-  one  cents,  which, 
after  crediting  the  balance  of  the  last  preceding  account, 
produces  an  actual  debt  of  large  amount  against  the 
Commonwealth,  to  be  provided  for  and  paid  hereafter. 

It  is  obvious,  that,  without  the  interposition  of  the  Leg- 
islature, which  can  alone  authorize  competent  supplies 
from  the  abundant  resources  of  the  State,  this  debt  must 
be  rapidly  and  fearfully  augmenting.  To  the  deficiency 
of  each  current  year  will  be  added  that  .of  the  preced- 
ing, with  accruing  interest,  until  a  burthen  will  be  found 
to  exist,  as  difficult  to  be  removed,  as  it  was  once  unneces- 
sary to  be  created.  Against"  permitting  this  state  of 
things,  the  experience  of  other  times  conveys  the  most 
impressive  admonitions.  It  is  no  less  repugnant  to  the 
sentiments  of  a  Republican  People,  than  it  is  unfavoura- 
ble to  the  advancement  of  the  interests  of  the  State,  that 
adequate  contributions  should  be  withheld  from  the  sup- 
port of  Government.     At  present,  the  Treasury  depends 


GOVERNORS  MESSAGE.  77 

almost  exclusively  upon  the  Bank  taxes,  and  Auction  du- 
ties, while  every  other  object  and  interest  are  exempt 
from  assessment.  Happily  the  condition  of  the  Common- 
wealth does  not  demand  this  immunity.  Her  riches  and 
her  resources,  the  business  and  the  habits  of  the  people, 
afford  ample  means  for  the  supply  of  every  occasionj 
whether  of  present  need,  or  for  purposes  of  future  im- 
provement. A  moderate  State  Tax,  of  just  and  equal  ap- 
portionment, has  never  been  objected  to,  in  principle,  as  a 
measure  of  Revenue,  and  resort  to  it  seems  now  to  have 
become  indispensably  necessary,  to  replenish  an  exhaust- 
ed Treasur}^,  and  provide  against  future  deficiency. 

In  reference  to  a  permanent  relief  of  the  Treasury,  to 
some  extent,  the  propriety  of  taxing  the  business  in  the 
Probate  Courts,  towards  tlie  expense  of  that  part  of  the 
administration  of  the  law,  is  suggested.  In  every  other 
department  of  jurisprudence,  the  charges  are,  at  least, 
partially  defrayed,  in  the  shape  of  fees  for  the  entry  of 
actions,  trials,  &c.  while  here,  large  estates  are  settled, 
the  rights  of  creditors  secured,  distributions  made  among 
heirs,  and  many  of  the  most  difficult  and  complicated  con- 
cerns of  property  and  of  parties  adjusted,  altogether  at 
the  public  cost.  With  a  compassionate  regard  to  the  con- 
dition of  the  destitute  widow,  and  of  those  who  are  left 
with  little  inheritance,  it  is  yet  believed,  that  a  rate  of  fees 
might  be  established,  which,  in  application  to  estates  of 
magnitude,  would  be  just  in  themselves,  as  an  equivalent 
for  the  services  rendered  by  the  officers  of  governmentj 
and  in  their  aggregate  amount,  would  satisfj-  no  inconsider- 
able proportion  of  the  expense  of  this  tribunal  of  Justice^ 

I  feel  it  my  duty  to  transmit  for  your  consideration 
copies  of  all  the  Reports  which  have   been  made  to  the 

n 


78  GOVERNOR'S  MESSAGE. 

Executive,  by  the  officers  of  the  State  Prison,  during  the 
last  year.  It  is  with  deep  regret  that  I  find  occasion  to 
inform  you,  that  the  Institution  is  not  yet  placed  in  a  situ- 
a  ion  to  afford  satisfaction,  although  there  is  reason  to  be- 
lieve that  the  system  of  government  which  is  contempla- 
ted to  be  introduced  upon  the  completion  of  the  new 
building,  and  which  is  postponed  only  to  that  event,  will 
be  attended  with  the  happiest  effects.  Less  progress  has 
been  made  upon  this  structure,  during  the  past  season, 
than  was  desired,  or  had  been  anticipated.  By  the  late 
law,  the  direction  of  the  work,  with  the  entire  control  of 
the  labor  of  the  convicts,  was  given  to  the  Warden,  and 
he  has  judged,  upon  his  exclusive  responsibility,  how  far 
the  interests  of  the  State  would  justify  a  delay  in  the  fin- 
ishing of  the  Prison,  for  the  sake  of  profit  upon  work  for 
the  market.  On  this  question,  I  have  personally  enter- 
tained the  strongest  conviction  of  the  primary  importance 
of  an  early  command  of  means  for  the  greater  restraint 
of  the  convicts,  and  I  have  not  failed,  on  every  suitable 
occasion,  to  urge  the  opinion  upon  the  attention  of  those, 
to  whom  it  might  with  propriety  be  addressed.  It  is  a 
vain  expectation,  that  either  economy  in  the  arrangements 
of  business,  or  sobriety  of  deportment  in  the  conduct  of 
prisoners,  can  be  secured,  while  mischievous  combina- 
tions, deception,  disobedience,  and  avoidance  of  labour, 
may  escape  observation  and  punishment.  The  different 
employments  of  the  convicts,  in  the  shops,  on  the  prison, 
and  in  various  parts  of  the  yard,  which  is  unavoidable 
during  the  operation  of  building,  renders  it  difficult  to 
exercise  a  suitable  watchfulness  over  them,  and  is  wholly 
unfavourable  to  a  strict  and  efficient  course  of  discipline 
for  their  control.     In  this  view  of  the  subject,  I  suggest 


GOVERNOR'S  MESSAGE.  ^0 

the  expediency  of  an  order,  by  the  Legislaturo  i.0  th? 
Warden,  to  direct  the  whole  force  of  the  prison  labour, 
which  can  be  made  beneficially  to  applj',  to  the  immediate 
completion  of  the  new  building.  The  cells  of  a  part  of 
the  third,  and  of  the  whole  of  the  fourth  story  of  the  ori- 
ginal plan,  with  a  part  of  the  exterior  walls  and  the  roof, 
yet  remain  to  be  constructed.  But  a  considerable  pro- 
portion of  the  materials  are  in  preparation,  and  the  ac- 
complishment of  the  work  is  entirely  practicable  in  the 
early  part  of  the  season. 

'i  he  Commission  constituted  under  the  authority  of  a 
Resolve  of  the  4th  of  March  last,  and  whose  powers  were 
ex^.ended  by  a  subsequent  Resolve  of  the  11th  of  June,have 
presented  to  me  a  minute,  detailed,  and  most  elaborate 
Report  of  their  examinations  of  the  Prison  Accounts,  from 
the  thirtieth  of  September  1823,  to  the  first  day  of  Octo- 
ber 1828,  and  of  the  accounts  of  the  Superintendant  of 
the  new  building.  This  document  exhibits,  probably,  for 
the  first  time,  a  perfectly  precise  and  accurate  view  of  the 
financial  concerns  of  the  Institution,  inasmuch,  as  connec- 
ted with  a  statement  of  the  annual  Receipts  and  Expen- 
ditures, is  now  to  be  found  a  particular  inventory  and  true 
estimate  of  the  value  of  every  species  of  property.  So 
thorough  indeed  have  been  the  labours  of  the  Commis- 
sioners in  the  performance  of  the  duties  assigned  them, 
that  there  can  be  no  occasion  hereafter  to  go  behind  their 
Report,  to  ascertain  the  state  of  affairs  at  the  time  of  its 
date.  The  late  Warden  of  the  Prison  having  recently  re- 
signed his  office,  I  felt  myself  justified  in  requesting  the 
Commissioners  to  continue  the  auditing  of  his  accounts 
up  to  the  day  of  his  discharge,  that  there  might  be  dis- 
tinct and  certain  data  by  which  to  determine  the  future 
accountability  of  his  successor. 


80  GOVERNOR'S  MESSAGE. 

■The  vananoy  occasioned  by  the  resignation  has  been 
supplied  by  a  new  appointment,  and  the  officer  is  now  in 
the  execution  of  the  duties  of  his  station. 

The  expenses  of  the  Prison,  the  last  year,  for  the  sup- 
port and  employment  of  the  convicts,  have  exceeded  their 
earnings  by  $12,167  07.  This  is  to  be  accounted  for,  in 
a  gieat  measure,  by  the  reduced  price  of  hammered  stone, 
and  the  successful  competition  of  persons,  abroad,  in  ob- 
taining contracts  for  work.  It  will  deserve,  however,  the 
particular  regard  of  the  responsible  officers,  how  far  a 
change  in  the  manner  of  procuring  the  rough  material, 
and  the  supplies  for  the  Prison,  may  be  made  to  diminish 
the  expense  in  future. 

In  the  month  of  August  last,  a  fire  was  communicated, 
probably  by  design  of  one  or  more  of  the  convicts,  to  the 
range  of  Brick  Work  Shops  in  the  Prison  Yard,  by  which 
the  roof  and  the  greater  part  of  the  interior,  with  some 
stock  and  moveable  propert}^  were  destroyed.  The  exte- 
rior walls  were  immediately  afterwards  reduced  to  the 
height  of  one  story,  and  the  building  altered  and  repaired 
in  such  manner,  as  better  to  answer  the  purposes  for 
which  in  future  it  will  be  wanted.  The  loss  to  the  Com- 
monwealth, exclusive  of  any  difference  there  may  be  in 
the  value  of  the  former  and  the  present  shops,  is  estima- 
ted by  the  late  Warden,  at  about  fifteen  hundred   dollars. 

During  a  violent  tempest  in  October,  a  part  of  the  old 
wall  of  the  Yard,  west  from  the  New  Prison,  was  blown 
down.  The  work  appears,  most  obviously,  to  have  been 
improperly  and  unfaithfully  constructed.  Many  years 
since,  a  different  section  of  the  same  line  of  wall  fell,  and 
was  rebuilt  from  the  foundation.  It  will  be  found  neces- 
sary to  repair  the  present  breach  in  a  like  thorough  man- 
ner.    In  the  mean  while,  until  this  can  be  done,  the  yard 


GOVERNOR'S  MESSAGE.  81 

is  made  secure  by  a  temporary  barrier,  which  has  been 
erected. 

The  examinations  and  surveys,  which  were  assigned  by 
the  Legislature  to  the  direction  of  the  Commissioners  of 
Internal  Improvement,  have  been  completed  since  the 
last  session,  and  plans  of  proposed  routes  for  Rail  Roads 
from  Boston  to  Providence,  and  from  Boston  to  the  Hud- 
son River,  with  estimates  of  the  cost  of  construction,  in 
detailed  Reports,  will  be  submitted  to  your  consideration. 
\  It  can  be  neither  useful  nor  proper,  that  I  should  occupy 
your  attention  by  anticipating  in  this  address  the  various 
information  which  will  be  afforded  by  the  doings  of  the 
Commissioners  and  Engineers.  They  will  appear  to  have 
resulted  in  an  entire  assurance  of  the  practicabilit}'^  of  the 
great  improvements  which  have  been  contemplated,  and 
in  presenting  the  strongest  inducements  to  the  Govern- 
ment and  People,  to  encourage  them  to  their  immediate 
undertaking.  Tiie  Ri^ports  will  exhibit  distances,  prefer- 
ences of  location,  difference  in  estimates  of  expense,  and 
comparative  advantages,  from  occasions  of  business,  upon 
every  direction  of  way  which  has  justified  examination, 
and  no  reasonable  ground  of  enquiry  will  remain,  to  occa- 
sion delay  in  determining  the  manner  and  time  of  pro- 
ceeding to  the  work.  Referring  the  Legislature,  as  I 
would  most  respectfully  do,  to  a  former  expression  of  my 
sentiments  to  them,  and  on  repeated  occasions  to  former 
Legislatures,  on  the  general  subject  of  this  species  of  im- 
provement, for  whatever  influence  of  opinion  it  may  be- 
come the  Executive  to  attempt,  I  beg  leave  only  to  add, 
that  every  passing  day  bears  witness,  that,  for  want  of  fa- 
cilities to  intercommunity  between  the  interior  and  the 
capital  of  the  State,  the  most  serious  diversions  of  trade 


82  GOVERNOR'S  MESSAGE. 

are  taking  ])]ace  to  other  markets.  Already  hundreds  of 
tons  of  nierchan(hse  hav^e  been  carried  from  the  ware- 
houses of  a  neighbouring  Government,  through  a  new 
channel,  into  a  central  and  populous  district  of  the  Com- 
monwealth. Within  a  few  weeks  of  impeded  and  experi- 
mental navigation  only,  in  the  very  commencement  of  the 
use  of  the  Blackstone  Canal,  nearly  four  hundred  tons  of 
freight  were  delivered  at  its  head,  while  double  that  quan- 
tity was  discharged  at  different  points  upon  the  route,  and 
a  great  amount  it  is  said,  which  was  ordered,  has  been 
left,  by  the  premature  withdrawal  of  the  boats,  to  be 
transported  with  the  opening  of  another  season.  By  this 
channel  also,  a  direct  trade  in  lumber  has  commenced 
with  the  State  of  IMaine,  and  in  goods  with  the  city  of 
New  York,  from  either  of  which  places,  water  conveyance 
fifty  miles  inland  into  Massachusetts,  is  at  half  tlie  cost  of 
land  carriage  from  Boston  to  Worcester  only.  The  occa- 
sion of  business  along  this  line  of  artificial  communication 
has  been  estimated  to  require,  for  the  next  year,  the  con- 
stant einpio}  input  of  at  least  twentij  boats,  of  a  tonnage 
of  from  20  to  30  tons  each.  It  is  not  however,  to  coun- 
teract the  success  of  this,  or  of  any  other  enterprise,  that 
diflftrent  projects  are  to  be  undertaken.  They  all  tend  to 
the  improvement  of  the  condition  of  country.  Multiply 
them,  and  additional  capacities  are  afforded  to  employ  and 
sustain  an  augmented  population ;  the  means  of  inter- 
course are  increased,  by-paths  are  made  frequent,  remote 
places  brought  near,  the  demands  of  trade  better  supplied, 
the  establishment  of  manufactures  and  the  s]iread  of  the 
useful  arts  promoted,  and  by  their  extension  new  markets 
are  created  for  the  productions  of  agriculture,  and  the  cul- 
tivation of  the  earth  is  encouraged. 


GOVERNOR'S  MESSAGE.  83 

In  answer  to  a  letter  of  inquiry  addressed  by  me  to  the 
Chairman  of  the  Board  of  Internal  Improvement,  which 
Board  was  specially  charged  with  the  examination  of  a 
Route  for  a  Canal  from  tide  waters  near  the  city  of  Bos- 
ton, to  intersect  the  Blackstone  Canal,  and  thence  to  the 
waters  of  the  Connecticut  River,  I  am  informed  that  pro- 
gress has  been  made  in  executing  the  commission,  and 
that  a  report  may  be  expected  early  in  the  course  of  t!ie 
present  session.  The  engagements  of  the  Engineer  upon 
the  Rail  Road  surveys  have  necessarily-  occasioned  delay 
in  the  completion  of  this  service. 

The  present  situation  of  the  Claim  of  the  State  upon 
the  General  Government  requires,  that  it  should  be  pre- 
sented to  3'our  attention.  The  liistory  of  the  embarrass- 
ments, vexations  and  disappointments,  which  have  been 
experienced  in  its  prosecution,  need  not  be  repeated.  A 
Report  of  the  late  Secretary  of  War,  recently  published 
by  order  of  the  House  of  Representatives,  has  again 
brought  the  subject  before  Congress.  The  appeal  may 
now  be  urged  directly  to  the  wisdom  and  justice  of  the 
Nation.  It  was  time,  long  since,  that  this  question  should 
have  been  disposed  of,  and  I  hesitate  njt  to  declare,  that 
a  further  postponement  of  it  ought  not  to  be  acquiesced 
in.  The  honor  of  the  State  demands,  that  the  subject 
should  be  better  understood,  and  its  interest,  that  it  should 
be  promptly  decided.  The  merits  of  the  Claim  have 
never  yet  been  matter  of  candid  and  faithful  examination 
with  those  on  whom  it  has  devolved  to  make  provision  for 
its  pa3'ment.  Whenever  it  has  been  proposed  for  consid- 
eration, prejudiced  minds  seizing  upon  objections  to  cer- 
tain indefensible  principles  which  were  asserted  during 
the  war,  without  inquiry  into  the  extent  of  their  practical 


84  GOVERNOirS  MESSAGE. 

application,  orhoedlncr  whether  they  applied  at  all  to  the 
character  of  the  serv^ice,  have  most  unwarrantably  re- 
proached and  condemned  the  State,  its  Government,  and 
its  rights,  alike  unheard  and  misunderstood,  together.  If 
this  debt  is  not  now  to  be  satisfied,  let  there,  at  least,  be 
a  responsibility  resting  somewhere,  for  the  refusal.  A 
sovereign  State,  when  exhibiting  its  demands  at  the  bar 
of  the  Nation,  may  expect  to  learn  wherefore  they  are 
resisted.  It  is  not  within  the  obligation  of  loyalty,  tame- 
ly to  submit  to  a  denial  of  justice.  In  a  Republican  Gov- 
ernment, it  is  the  right  of  the  humblest  individual  to  be 
heard,  and  much  more  is  that  measure  of  respect  due  to 
a  constituent  member  of  the  Union,  which  shall  secure  a 
patient  and  faithfid  attention  to  its  representatives. 
Whatever  should  or  might  have  b(;en  attempted  by  the 
Executive  of  the  State  to  procure  an  allowance  of  the 
claim,  it  is  believed,  has,  at  no  time,  been  neglected.  By 
the  Report  of  the  Secretary,  the  whole  case  is  now  with- 
in the  view  of  Congress.  The  accounts,  the  vouchers, 
all  the  papers,  and  all  the  means  of  information  which 
ever  can  be  afforded  to  an  explanation  and  understanding 
of  the  charges,  are  at  their  control.  Neither  the  short" 
ness  of  tlie  present  session,  nor  the  pressure  of  other 
business,  should  be  a  reason  for  not  giving  precedence 
to  this  investigation.  It  is  among  the  oldest,  and  in  mag- 
nitude of  pecuniary  and  of  political  interest,  is  one  of  the 
most  important  concerns,  which  can  be  presented  for  dis- 
cussion. I  recommend  to  the  Legislature  to  adopt  a  me- 
morial or  other  mode  of  address,  ^\hich  shall  express  with 
firmness  and  energy,  the  sense  entertained  by  the  Gov- 
ernment of  Massachusetts,  of  the  rights  of  the  State,  of 
the  injustice  and  prejudice  already  suffered  from  delay  in 


GOVERNOR'S  MESSAGE.  85 

the  allowance  of  the  claim,  and  which  shall  insist  upon  its 
immediate  payment,  as  the  fulfilment  of  the  obligation  of 
the  General  Government  to  provide  for  the  common  pro- 
tection and  defence,  and  to  do  equal  justice  to  every  State 
of  the  Union.  Let  this  be  accompanied  with  a  request 
to  the  Delegation  in  both  Houses  of  Congress,  to  enforce 
the  demand  by  the  utmost  of  their  exertions.  It  will 
strengthen  their  hands  to  the  task.  It  will  give  them 
confidence  in  the  success  of  their  efforts.  It  will  author- 
ize them  to  speak  in  the  name  of  the  People,  and  with 
the  voice  of  the  sovereignty  of  Massachusetts  ;  and  if 
this  ancient  Commonwealth,  the  earliest  and  foremost  of 
the  parties  to  the  confederacy,  which  poured  out,  with 
profusion,  its  blood  and  treasure,  to  achieve  the  Indepen- 
dence of  the  Nation,  and  which,  at  all  periods,  has  made 
liberal  contributions  of  talent,  patriotism,  and  service,  to 
the  support  of  the  Constitution,  and  the  administration  of 
the  Government,  is  to  be  regarded,  that  voice  will  not  be 
uttered  in  vain. 

The  Report  of  the  Secretary  of  War,  to  which  I  have 
alluded,  will  be  laid  before  you.  It  will  be  found  to  con- 
tain injurious  discriminations  in  the  items  of  account,  but 
these  may  be  the  subject  of  correction  before  Congress, 
or  an  occasion  for  future  attention  with  some  branch  of 
the  Executive  Department  of  the  Nation. 

The  Land  Agent  of  the  Commonwealth,  who,  by  virtue 
of  sundry  Resolves,  is  vested  with  important  powers  in 
the  management  of  the  property  in  the  public  lands, 
within  the  limits  of  the  State  of  Maine,  will  report,  di- 
rectly to  the  Legislature,  his  proceedings  in  the  discharge 
of  the  trusts  committed  to  him.  The  sales  of  timber,  the 
last  year,  have  been  considerable,  and  have  probably  sav- 
12 


S6  GOVERNOR'S  MESSAGE. 

ed  so  much  from  the  depredations  to  which  the  lands, 
from  their  exposed  situation  in  the  neighborhood  of  large 
Rivers,  and  there  remoteness  from  protection,  are  liable. 
It  is  unquestionably  for  the  interest  of  the  Commonwealth, 
that  permits  for  the  cutting  of  timber  should  continue  to 
be  given,  where  the  lands  are  thus  situated  ;  and  the  ex- 
perience and  fidelity  of  the  Agent,  with  his  personal 
knowledge  of  the  country,  are  an  assurance,  that  the  con- 
fidence which  has  been  reposed  in  his  discretion,  will  not 
fail  to  be  justified.  Under  the  authority  of  a  Resolve  of 
the  22d  of  February  last,  the  Land  Agent,  with  the  Treas- 
urer of  the  Commonwealth,  acting  as  joint  special  Com- 
missioners, have  disposed  of  several  Townships  near 
Moosehead  Lake  and  south  of  the  Monument  Line,  to  an 
amount  in  price,  of  about  twenty  six  thousand  dollars. 
The  proceeds,  in  payments  required  upon  the  purchase 
and  in  securities  for  instalments  of  the  balance,  have  been 
passed  into  the  Treasury,  and  the  money,  as  received,  is 
mingled  with  the  receipts  from  the  ordinary  sources  of 
revenue.  It  has  often  been  proposed,  and  it  cannot  but 
deserve  the  most  serious  consideration,  that  the  sales  of 
the  public  lands  should  be  made  to  constitute  a  permanent 
fund  for  the  support  of  schools,  and  the  encouragement  of 
learning,  or  for  general  purposes  of  public  improvement. 
If  the  Government  shall  ever  intend  this  disposition  of 
the  property,  it  seems  necessary  that  the  appropriation 
should  be  made,  as  the  sales  proceed,  and  before  the  Cap- 
ital shall  be  further  materially  diminished.  The  State  is 
now  constantly  consuming  the  principal,  and  defeating  a 
hope  which  has  been  anxiously  indulged,  that,  from  this 
source,  there  might  be  an  income,  at  some  future  period, 
which   should   be   pledged   to   sustain   and   cherish   the 


GOVERNOR'S  MESSAGE.  87 

most  valuable  institutions  and  best  interests  of  the  com- 
munity. 

It  cannot  but  afford  the  highest  satisfaction  to  the  Leg- 
islature, to  be  informed,  that  the  benefit  of  a  Resolve,  pas- 
sed on  the  fourth  of  March  last,  in  favor  of  the  non-com- 
missioned Officers  and  Soldiers  of  the  Revolutionary  Ar- 
my, who  were  returned  as  a  part  of  this  Slaters  quota,  and 
who  served  three  years  and  ivere  honorabhj  discharged, 
has  been  claimed  by  numbers  of  the  survivors  of  that  pa- 
triotic and  gallant  Band,  or  the  Descendants  and  Repre- 
sentatives of  such  as  have  deceased.  From  a  Report  of 
the  Land  Agent,  it  appears,  that  there  remain  but  nine 
lots  undrawn,  in  the  Township  of  Mars-hill,  which  was 
appropriated  to  satisfy  the  grants  to  the  Soldiers,  while 
there  is  reason  to  believe,  that  there  are  many  more  cases 
in  which  claims  to  the  bounty  will  be  exhibited  and  allow- 
ed. It  hence  becomes  necessary,  that  a  further  assign- 
ment of  lands  from  which  lots  may  be  drawn  should  be 
made  by  the  Legislature,  and  for  this  purpose  I  recom- 
mend the  subject  to  your  early  attention. 

An  interesting  communication  from  Mr.  Gallaudet,  Prin- 
cipal of  the  Asylum  of  the  Deaf  and  Dumb  at  Hartford, 
received  through  the  Department  of  State,  is  with  pleas- 
ure referred  to  your  notice.  There  are  now  Jifty  four 
Beneficiaries  of  the  Commonwealth,  in  an  equal  number 
of  males  and  females,  supported  and  in  a  course  of  edu- 
cation at  that  Institution.  With  Thirty  two  of  these,  the 
limited  term  of  pupilage  will  expire  in  the  course  of  the 
present  year,  and,  from  past  observation,  there  is  reason  to 
believe,  that  there  will  not  be  a  sufficient  number  of  ap- 
plicants, within  the  description  of  the  Act  of  the  Legisla- 
ture, to  supply  their  places.     If  such  should  be  the  fact, 


88  GOVERNOR'S  MESSAGE. 

the  propriety  of  permitting  a  longer  continuance   at  the 
Asylum,  of  such  of  the  pupils  as  should  be   selected   for 
their  talents  and  proficiency,  and  who,  by   further  oppor- 
tunities for  instruction,  might  themselves  become  qualified 
to  teach,  or  be  otherwise  particularly   useful,  is  recom- 
mended to  your  favorable    regard.      This    humane   and 
charitable  indulgence  is  strongl}^  enforced  by  the    obser- 
vation of  the  Principal,  that  "  four  3^ears  affords  but  a  very 
imperfect  opportunity  for  the  education  of  those,  who,  like 
the  Deaf  and  Dumb,  begin  at  the  very  alphabet  of  learn- 
ing, and  have  to  be  taught  systematically,  in   the   school- 
room, a  great  deal  that  other  children  acquire  by  promis- 
cuous^conversation  and  intercourse  with   Society."     It  is 
to  be  recollected,  that  these  Beneficiaries,  without  instruc- 
tion, are  not  only,  from  their  natural   defects,  the  most 
helpless  and  dependant  of  our  Fellow  Beings,  but,  from 
their  condition  in  society,  and  the  poverty  of  those,  who 
otherwise  would  be  bound  to  provide  for  their  support, 
must  be  sustained  by  the  public  bounty.     It   is  cheering 
to  the  heart  of  the  Philanthropist  to  witness   the   benign 
charities  of  the  Government  interposed  for  their  relief; — 
to  know,  that  while  the   ear  is  dead  to  sound  and  the 
tongue  lost  to  speech,  the  mind  is  opened  to  acquisitions 
of  knowledge,  and  life  made  a  blessing  by  new  powers  of 
Communication. 

The  acts  for  the  encouragement  of  Agriculture  and 
Manufactures  will  expire  by  their  limitation,  on  the  20th 
of  February  next.  The  question  of  continuing  the  patron- 
age of  the  Government  to  these  important  interests, 
through  the  Agency  of  the  Agricultural  Societies,  will 
therefore,  at  this  time,  require  decision.  Before  the  next 
Legislature,  the  usual  and  convenient  season  for  issuing 


GOVERNOR'S  MESSAGE.  89 

proposals  of  premiums,  for  the  current  year,  will  have 
passed,  and  without  the  aid  of  Government,  it  may  be 
feared,  that  many  of  the  societies  will  be  unable  to  hold 
their  customary  exhibitions. — To  those  who  have  had  op- 
portunities to  witness  the  certain  and  beneficial  influence 
of  the  bounty  which  has  been  distributed  by  these  insti- 
tutions, it  would  be  matter  of  regret  that  it  should  now 
cease.  It  has  diffused  a  spirit  of  improvement  from  the 
Treasury  Office  to  the  remotest  parts  of  the  Common- 
wealth. No  public  bestowment  was  ever  more  faithfully 
applied,  and  none  will  be  found  to  have  made  richer  re- 
turns to  the  source  from  which  it  was  derived.  As  a 
measure  of  political  economy,  it  has  yielded,  annually,  an 
hundred  fold  its  amount  in  the  increase  of  taxable  capital. 
A  comparative  view  of  the  state  of  Agriculture  in  Massa- 
chusetts, at  the  time  of  the  passage  of  the  original  act  for 
its  encouragement,  and  the  present,  or  the  relative  valua- 
tion of  agricultural  prodiicts  to  other  property,  then  and 
now,  will  not  fail  to  show  the  impulse  which  has  been 
given  to  this  vital  interest  of  the  Country.  The  direct 
countenance  of  the  Legislature  to  the  occupations  of  hus- 
bandry has  had  the  effect  to  elevate  the  condition  of  the 
practical  Farmer.  His  interests  have  been  brought  more 
distinctly  into  view.  He  has  found  higher  rewards  in  his 
employment,  and  honor  in  the  success  of  his  labors.  Ex- 
perience too  has  shown,  that  improved  cultivation,  rather 
than  extent  of  territory,  will  best  sustain  increased  popu- 
lation, and  the  promotion  of  domestic  industry  add  most 
to  the  strength,  safety  and  happiness  of  a  people. 

If  the  Legislature  shall  judge  proper  to  renew  the  ap- 
propriation, some  modification  in  the  manner  of  its  distfH 


90  GOVERNOR'S  MESSAGE. 

bution  is  si'i2;g;ested.  Since  the  incorporation  of  the  New 
Er)2;land  Society  for  the  promotion  of  Manufactures  and 
the  Mechanic  Arts,  these  interests  are  brought  more  es- 
pecially within  the  notice  of  that  Institution,  and  the  en- 
couragement which  is  intended  for  them,  can  there  be  di- 
rected to  a  wider  scope  for  competition,  and  with  better 
discrimination  in  the  results  of  skill  and  of  useful  inven- 
tion. The  metropolis,  which  is  the  place  of  market  for 
the  productions  of  the  manufactory  and  the  work  shop,  is 
the  convenient  place  also  for  their  examination  for  pre- 
mium, and  it  has  rarely  been  found  that  they  are  exhibi- 
ted, in  variety  or  quantity,  elsewhere.  The  proportion  of 
bounty  which  shall  be  due  to  agriculture  and  the  house- 
hold will  continue  to  be  distributed  by  the  County  Socie- 
ties, with  most  satisfaction. 

The  Constitution  and  the  laws  impose  high  and  respon- 
sible duties  upon  certain  municipal  and  executive  Officers, 
in  relation  to  the  returns  of  elections.  It  has  been  notic- 
ed with  concern,  that  there  is  great  remissness  in  the  dis- 
charge of  these  obligations.  The  returns  from  the  Con- 
gressional Districts  have  often  been  incomplete  ;  and  in 
the  late  Presidential  Election,  by  the  omission  of  seasona- 
ble returns  from  numerous  Towns,  the  votes  of  hundreds 
of  citizens  were  lost,  on  one  of  the  most  interesting  and 
deeply  exciting  questions  of  political  moment.  Indeed, 
the  results  of  elections  are  put  at  hazard,  by  the  neglects 
of  those  whose  duty  it  is  made  to  transmit  the  returns. 
A  greater  offence  to  the  rights  and  privileges  of  Freemen 
can  hardly  be  committed.  It  may  defeat  an  election,  ac- 
tually made  by  a  majority  of  the  votes  of  the  people,  and 
create  the  occasion  and  trouble  of  another  canvass  ;  or  it 


GOVERNOR'S  MESSAGE.  91 

may  determine  a  choice  upon  a  minority  of  the  votes 
which  are  cast,  and  give  office  to  those  who  are  not  the 
Representatives  of  the  will  of  their  Constituents. 

The  consequences  are  a  direct  violation,  in  its  very 
worst  form,  of  the  security  of  the  right  of  suffrage.  It 
is  in  vain  that  the  ballot  is  given,  if  it  remains  untold  in 
the  count  Individuals  may  find  redress  for  a  wrongful 
rejection  of  their  votes,  even  from  honest  error  in  the 
presiding  officers  at  elections,  bu-t  it  is  of  little  avail,  if 
the  returns  of  whole  communities  are  lost  with  scarce  an 
enquiry,  and  without  reprehension.  In  relation  to  the 
past  I  have  nothing  to  propose,  but  I  beg  leave  to  submit 
to  your  consideration,  that  it  should  be  made  the  duty  of 
the  Secretary  of  the  Commonwealth,  at  the  session  next 
after  the  return  day  of  an  election,  to  report  the  names  of 
the  towns  from  which  returns  were  not  received,  or  were 
unseasonably  received,  with  a  note  of  the  time  and  man- 
ner of  the  reception,  that  every  neglect  may  be  made 
known  to  the  Legislature,  and  in  their  discretion  be  re- 
ferred to  the  prosecuting  officers  of  the  Government,  for 
animadversion  and  correction  by  the  Courts  of  law. 

For  the  great  length  of  this  communication  I  trust  an 
apology  may  be  found  in  the  importance  of  the  topics  to 
which  it  relates.  Whatever  subjects  may  occur  during 
the  session,  to  require  it,  will  be  faithfully  referred  to  your 
attention,  as  they  present  themselves,  by  special  Message. 

LEVI  LINCOLN. 

Council  Chamber,  Boston,  January  7,  1S29, 


92         DIRECT.  INT.  IMPROV.— MESSAGE. 


CHAP.  XXIV. 

Resolve  authorizing  the  Directors  of  Internal  Improvements 
to  cause  their  report  to  be  printed. 

January   12,  1820. 

Resolved,  That  the  Board  of  Directors  of  Internal  Im- 
provements be,  and  hereby  are  authorized,  to  cause  to  be 
printed  for  the  use  of  the  State,  such  number  of  copies  of 
their  Report,  as  tliey  may  judge  expedient,  together  with 
such  plans  and  documents,  exliibiling  the  surveys  and  es- 
timates made  under  their  direction,  as  they  may  deem  ne- 
cessary, and  that  the  expenses  thereby  incurred  shall  be 
defrayed  out  of  the  monies  already  appropriated,  for  the 
purposes  for  which  the  said  Board  was  constituted,  after 
being  allowed  by  the  Governor  and  Council,  in  the  same 
manner  as  the  other  expenses  incurred  under  the  direction 
of  the  said  Board. 


CHAP.    XXV. 

To  the  Honourable  the  House  of  Representatives  ; 

In  compliance  with  the  request  of  the  House  of  Repre- 
sentatives on  the  14th  inst.  I  transmit  copies  of  all  the 
Certificates  on  file  in  the  Secretary's  Office,  made  by  Com- 
missioners appointed  to  inspect  the  Capital  Stock  paid  in- 
to the  several  Banks,  within  three  years  last  past,  pursu- 
ant to  the  provisions  contained  in  their  respective  Char- 
ters. LEVI  LINCOLN. 

Council  Chamber,  January  17,  1829. 


IVI!i:SSAGE.— TREASURER.  93 


CHAP.  XXVI. 

To  the  Honorable  Senate  and 

House  of  Representatives  ; 

The  office  of  Major  General  of  the  Third  Division  of 
Militia  is  made  vacant  by  the  resij^nation  and  honorable 
discharge  of  Major  General  Nathaniel  Austin. 

LEVI  LINCOLN. 

.  Council  Chamber i  January  21,  1829. 


CHAP.  XXVII. 

Resolve  authorizing  the  Treasurer  of  the  Commonwealth 
to  borroiD  any  sum  not  exceeding  one  hundred  and  fifty 
thousand  dollars. 

January  24,  1829. 

Resolved^  That  the  Treasurer  of  this  Commonwealth, 
be,  and  he  is  hereby  authorized  and  directed,  to  borrow  of 
any  of  the  Banks  of  this  Commonwealth  or  any  Corpora- 
tion therein,  or  of  any  individual  or  individuals,  such  sum 
or  sums,  as  may,  from  time  to  time,  be  necessary  for  the 
payment  of  the  ordinary  demands  on  the  Treasury,  at  any 
time  before  the  meeting  of  the  next  General  Court  ;  and 
that  he  pay  any  sum  he  ma}'  borrow,  as  soon  as  meney 
sufficient  for  the  purpose,  and  not  otherwise  appropriated, 
shall  be  received  in  the  Treasury  :  Provided^  however,  that 
the  whole  amount,  borrowed  by  authority  hereof,  and  re- 
maining unpaid,  shall  not,  at  any  time,  exceed  the  sum  of 
one  hundred  and  fifty  thousand  dollars. 


AZOR  HARRIS.— DANIEL  LOMBARD, 


CHAP.  XXVIII.  ^ 

Resolve  on  the  Petition  of  Azor  Harris. 
January  27,  1829. 

On  the  Petition  of  Azor  Harris,  Guardian  to  Anna  Rich- 
ards, of  East  Bridgwater,  in  the  Count}-  of  Plymouth,  an 
Indian ; — 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
said  Harris,  be,  and  he  hereby  is  authorized  and  empow- 
ered, to  sell  at  Public  Auction,  so  much  of  the  real  estate 
of  said  Anna  Richards,  as  will  raise  the  sum  of  six  hun- 
dred dollars,  for  the  payment  of  the  just  debts  of  said 
Anna,  and  incidental  charges,  and  to  execute  and  deliver 
good  and  sufficient  deed  or  deeds,  to  convey  all  the  right, 
title  and  interest  which  the  said  Indian  has  in  the  same  : 
Provided,  said  Harris  first  give  bond,  with  sufficient  sure- 
ty, in  such  sum  as  the  Judge  of  Probate  of  said  County  of 
Plymouth  may  direct,  to  the  said  Judge  and  his  successors 
in  said  office,  conditioned,  that  he  will  use  his  best  judgment 
in  selling  and  disposing  of  said  property,  for  the  benefit  of 
said  Indian,  and  make  return  of  his  doings  therein  to  the 
Probate  office,  within  one  year  after  such  sale  shall  be  made. 


CHAP.  XXIX. 

Resolve  on  the  Petition  of  Daniel  Lombard. 

January  27,  '829. 

On  the  Petition  of  Daniel  Lombard,  administrator  of 
Quartus  Stebbins,  late  of  Springfield,  in  the  County  of 
Hampden,  deceased. 


MESSAGE.— T.  H.  PERKINS  &  OTHERS.      95 

Resolved^  For  reasons  set  forth  in  said  Petition,  that 
Daniel  Lombard,  of  Springfield,  in  the  County  of  Hamp- 
den, be,  and  he  is  hereby  authorized,  to  convey,  by  deed, 
to  Samuel  Osgood  of  said  Springfield,  Pew  number 
eighty  six,  on  the  ground  floor,  and  Pew  number  fifteen, 
in  the  gallery  of  the  Meeting-house  of  the  first  parish  in 
said  Springfield,  being  Pews  formerly  belonging  to  Quar- 
tus  Stebbins,  late  of  said  Springfield,  deceased. 


CHAP.  XXX. 

Gentlemen  of  the  House  of  Representatives  ; 

In  reply  to  a  request,  contained  in  an  order  of  the  House 
of  Representatives  of  the  26th  inst.  for  information  of  the 
progress  made  by  the  Commissioners  appointed  pursuant 
to  a  Resolve  passed  February  26,  1828,  upon  the  claim  of 
William  Simpson  against  the  Commonwealth,  I  have 
the  honor  to  transmit  a  copy  of  a  note  addressed  to  me 
by  the  Chairman  of  the  Commissioners,  which  is  the  only 
communication  I  have  received  on  the  subject. 

LEVI  LINCOLN. 

Council  Chamber,  January  27,  1829. 


CHAP.  XXXL 

Ijesolve  on  the  Petition  of  Thomas  H.  Perkins  and  others. 

January  28,  1829. 

Upon  the  Petition  of  Thomas  H.  Perkins,  Samuel  G. 
Perkins,  and  William  H,   Gardiner,  as  the  Executors  of 


96  MESSAGE. 

the  last  will  and  testament  of  James  Perkins,  Junior,  late 
of  Boston,  in  the  County  of  Suffolk,  deceased,  and  the 
Trustees  named  in  said  Will,  to  take  and  hold  the  Real 
Estate  of  said  James  deceased,— prayinsj  for  authority  to 
convey  certain  real  estate  therein  described; — 

Resolved,  That  the  said  Thomas  H.  Perkins,  Samuel 
G.  Perkins,  and  William  H.  Gardinei",  for  the  reasons  set 
fortii  in  their  Petition,  and  the  survivor  or  survivors  of 
them,  be,  and  they  are  hereby,  authorized  and  empower- 
ed, by  any  deed,  made  and  executed  by  them  in  due  form 
of  law,  to  pass  and  convey,  to  such  person  or  persons  and 
for  such  consideration  as  Daniel  Crommelin  and  Sons,  of 
Amsterdam  in  the  Kingdom  of  the  Netherlands,  the  ben- 
eficiary proprietors  of  said  real  estate,  or  their  agents, 
may  in  writing  designate,  all  the  right,  title  and  estate  of 
which  the  said  James  Perkins,  Junior,  died  seized,  in  and 
to  one  third  part,  in  reversion,  of  about  three  acres  of 
land,  with  a  dwelling  house  and  other  buildings  thereon 
standing,  situated  in  Dorchester,  in  the  County  of  Nor- 
folk, and  bounded  westwardly,  on  the  old  Plymouth  road, 
Nothwardly  and  Southwardly,  on  land  of  the  heirs  of  Pe- 
latiah  Glover,  deceased,  and  Eastwardly  on  the  Dorchester 
Turnpike,  and  that  such  deed,  so  executed  by  the  peti- 
tioners or  the  survivor  or  survivors  of  them,  shall  have 
the  full  effect  in  law  to  pass  all  the  right  which  the  said 
James  held  in  the  premises,  at  his  decease,  to  the  pur- 
chaser or  purchasers  thereof,  his  or  their  heirs  and  assigns 
forever. 


CHAP,  xxxir. 

To  the  Honorable  Senate,  and 

House  of  Representatives : 

I  comply  with  the  request  of  His  Excellency  the  Gov- 
ernor of  Georgia,  in  laying  before  you  a  printed  copy  of 
a  Report  and  Resolutions  of  the  General  Assembly  of 


WESLEYAN  ACADEMY.  97 

that  State,  on  certain  Resolutions  of  South  Carolina  and 
Ohio,  in  relation  to  the  powers  of  the  General  Govern- 
ment and  State  Ri«»;hts. 

The  origitial  Resohitions  to  which  the  proceeding's  of 
the  State  of  Georgia  refer,  were  communicated  l>y  me  to 
the  Legislature  of  this  Commonwealth,  by  special  Mes- 
sages, on  the  4th  and  29th  of  February,  1828. 

I  also  transmit  a  Remonstrance,  addressed  by  the  Le- 
gislature of  the  State  of  Georgia  to  the  States  in  favor  of 
the  Tariff,  wliich  has  been  forwarded  to  me,  for  the  pur- 
pose of  being  presented  to  your  consideration. 

LEVI  LLNCOLN. 

Council  Chamber^  January  29,  1829. 


CHAP.  XXXIIL 

Resolve  on  the  Petition  of  the  Trustees  of  the  Wesley  an 
Jlcademy^  in   Wilbraham. 

January  30,   1829. 

Resolved,  That  the  said  Trustees  of  said  Academy  be 
excused  fron^  a  compliance  with  the  condition  contained 
in  the  first  Proviso  of  a  Resolve  of  the  Legislature  of  this 
Commonwealth,  granting  a  half  township  of  Land  to  said 
Academy,  passed  11th  of  March,  A.  D.  1828,  which  re- 
quires said  Trustees,  within  five  years  from  and  after  the 
laying  out  and  location  of  said  half  township,  to  cause 
ten  families  to  be  settled  thereon. 

Resolved,  That  the  Trustees  of  said  Academy  be  al- 
lowed to  select  the  half  township  of  land,  granted  to  them 
by  the  Resolve  of  March  1  Ith,  1828,  from  any  other  lands 
belonging  to  this  Commonwealth,  south  of  the  Monument 
Line,  so  called,  and  which  may  be  unappropriated  at  the 
time  of  selection  ;  reserving  four  hundred  and  eighty 
acres  for  the  purposes  usual  in  similar  grants,  instead  of 


98    THANKFUL  WADE  &  SAM'l.  HENRY  Jun. 

four  hundred,  as  provided  in  the  aforementioned  Resolve  : 
Provided^  tlie  said  Trustees  shall  comply  with  the  other 
requisitions  of  said  Resolve. 


CHAP.  XXXIV. 

Resolve  on  the  Petition  of  Thankful  Wade  and  Samuel 
Henry  Junior. 

February  2,  1829. 

On  the  Petition  of  Thankful  Wade,  Administratrix  of 
William  Wade,  late  of  Chester,  in  the  Count}^  of  Hamp- 
den, deceased,  and  Samuel  I-Ienr3%  Junior,  of  said  Chester, 
praying  that  the  said  'I'hankful  may  be  authorized  to  con- 
vey to  said  Samuel  certain  real  estate,  which  was  bargain- 
ed by  said  William  to  said  Samuel,  and  partly  paid  for  by 
said  Sajnuel : 

Resolved,  That  Thankful  Wade,  of  Chester,  in  the 
County  of  Hampden,  Administratrix  of  the  goods  and 
estate  of  William  Wade,  late  of  said  Chester,  deceased, 
be,  and  she  hereby  is,  authorized  and  empowered  to  con- 
ve}',  by  deed,  to  Samuel  Henr}^  Junior,  of  said  Chester, 
a  tract  of  land  lying  in  said  Chester,  called  the  Henry 
Tavern  Stand,  and  containing  seventy  acres,  bounded  as 
follows,  viz  :  beginning  oPi  the  river,  six  rods  North  of 
Walker's  Brook  Bridge,  thence  running  up  the  river  to 
Charles  Shepherd's  land,  thence  W,esterly,  to  the  West 
end  of  said  lot,  thence  Southerl}^  to  the  Northwest  corner 
of  the  School  lot,  thence  Easterly,  to  the  Northeast  cor- 
ner of  the  School  lot,  thence  Southerly,  to  the  Turnpike, 
thence  on  said  Turnpike,  to  the  first  bounds,  with  the 
buildings  thereon  :  Provided,  the  said  Thankful  first 
give  bond,  with  sufficient  surety,  to  the  Judge  of  Probate 
for  said  County  of  Hampden,  to  account  to  the  said  Judge 


RAIL  ROAD  REPORT.  90 

of  Probate  for  such  part  of  the  consideration  of  the  pur- 
chase of  said  land,  agreed  upon  between  the  said  William 
and  said  Samuel,  as  was  not  paid  by  said  Samuel  in  the 
life  time  of  said  William. 


CHAP.  XXXV. 

Resolve  for  the  Distribution  oj  the  Copies  of  the  Report 
of  the  Board  of  Directors  of  Internal  Improvements. 

February  2,  1829. 

Resolved,  That  the  remaining  copies  of  the  "  Report 
of  the  Board  of  Directors  of  Internal  Improvements  of 
the  Stale  of  Massachusetts,  on  the  practicability  and  ex- 
pediency of  a  Rail  Hoad  from  Boston  to  the  Hudson 
River,  and  from  Boston  to  Providence,"  printed  for  the 
use  of  Uie  Legislature,  be  delivered  to  the  Secretary  of 
the  Commonwealth,  and  by  him  be  distributed  as  fol- 
lows, viz  : 

2  copies  to  each  member  of  the  Senate  and  House  of 
Representatives. 

2  copies  to  each  member  of  the  Council. 
20  copies  to  His  Excellency  the  Governor. 

5  copies  to  His  Honor  the  Lieutenant  Governor. 
12  copies  to  each  of  the  members  of  the  Board  of  Di- 
rectors of  Internal   Improvements,   and  to   each  of   the 
principal  Engineers  on  the  Providence  and  Western  Rail 
Road  surveys. 

2  copies  to  the  City  of  Boston,  and  to  each  of  the 
Towns  in  this  Commonwealth. 

1  copy  to  each  of  the  Senators  and  Representatives  of 
this  Commonwealth,  in  the  Congress  of  the  United  States. 

1  copy  to  the  Executive  of  each  State  of  the  United 
States. 


100  VINA  ROBBINS. 

6  copies  to  be  deposited  in  the  Library  of  the  Congress 
of  the  United  States. 
10  copies  to  be  deposited  in  the  Library  of  this  State. 

2  copies  each  to  the  Boston  Athseneum,  Massachusetts 
Historical  Society,  American  Antiquarian  Society,  and 
the  Pilgrim  Society  at  Plymouth,  and  the  Essex  Historical 
Society. 

1  copy  each  to  the  Athaeneum  in  Salem,  Athseneum  in 
Newburyport,  and  to  each  of  the  incorporated  Academies 
in  this  Commonwealth. 

1  copy  to  each  of  the  Chaplains  and  to  each  of  the 
Clerks  of  the  two  branches  of  the  Lei2;islature. 

2  copies  to   each  University    and  College    within  this. 
Commonwealth.  I 

400  copies  to  be  reserved  for  the  future  disposition  of 
the  Legislature,  and  tlve  remaining  copies  to  be  distrib- 
uted as  His  Excellency  the  Governor  may  direct. 


CHAP.  XXXVL 

Resolve  on  the  Petition  of  Vina  Robbins. 

February  2,  1829. 

Resolved^  for  reasons  set  forth  in  said  Petition,  that 
there  be  allowed  and  paid  unto  Vina  Robbins,  widow  of 
William  Robbins,  late  of  Mill  bury,  in  the  County  of  Wor- 
cester, deceased,  the  sum  of  four  dollars  and  eighty  cents, 
the  same  being  the  amount  of  fees  which  accrued  to  the 
said  William,  as  a  witness,  at  the  June  term  of  the  Court 
of  Common  Pleas  for  said  County  in  1822,  and  which  has 
been  paid  by  the  Treasurer  of  said  County  into  the  Trea- 
sury of  the  Commonwealth, — and  His  Excellency  the 
Governor,  by  and  with  the  advice  of  Council,  is  requested 
to  draw  his  warrant  on  the  Treasury  of  this  Common- 
wealth for  the  abovementioned  sum. 


MKSSAGE.— WILLIAM  EATON.  101 


ClIAP.  XXX VIL 

To  the  Honourable  Senate,  and 

House  of  Representatives  i 

Since  the  communication  by  my  Message  of  tlie  29th 
of  January,  a  Document,  purporting  to  be  a  "  Memorial 
on  the  subject  of  the  late  Tariff,  addressed  by  the  General 
Assembly  of  the  State  of  Georgia  to  the  Anti-Tariff 
States,"  has  been  received  by  me,  which  I  deem  it  my 
dut}^  to  lay  before  you,  alike,  from  a  regard  to  the  proba- 
ble design  of  its  transmission,  and  the  obvious  propriety^ 
that  all  the  public  proceedings  and  avowed  purposes  of  a 
Sister  State,  on  the  same  occasion,  should  be  made  known 
to  you,  while  she  proposes  any  part  of  her  measures  as 
subjects  for  your  official  action. 

LEVI  LINCOLN. 

Council  Chamber,  February  4,  IS29* 


CHAP.    XXXVIII. 

Resolve  on  the  Petition  of  William  Eaton. 

February  5,  1829. 

On  the  Petition  of  William  Eaton,  Esquire,  of  Worces- 
ter, praying  for  compensation  for  his  services  and  expen- 
ses in  apprehending  and  prosecuting  to  conviction  Mark 
Winslow,  of  Boston,  for  having  in  his  possession  divers 
false, forged  and  counterfeit  bills,  purporting  to  have  been 
issued  by  Banks  not  incorporated  within  this  Common- 
wealth, with  intent  to  utter  and  pass  the  same  : 
14 


102  JAMES  MORRILL. 

Resolved^  for  reasons  set  forth  in  said  Petition,  that 
there  be  allowed  and  paid  unto  the  said  William  P^aton, 
the  sum  of  forty  dollars,  for  his  services  and  expenses  in 
causing  the  said  Mark  Winslow  to  be  apprehended  and 
convicted  as  aforesaid  ;  and  His  Excellency  the  Governor 
is  hereby  requested  to  draw  his  warrant  on  the  Treasurer 
of  this  Commonwealth,  in  favour  of  the  said  William 
Eaton,  for  the  aforesaid  sum. 


CHAP.  XXXIX. 

Resolve  on  the  Petition  of  James  Morrill  and  others. 

February  5,  1829. 

On  the  Petition  of  James  Morrill  and  others  : — 

Resolved^  That  there  be  paid  to  James  Morrill  and 
others,  owners  of  the  Turpentine  Factory  in  Chadestown, 
out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated, the  sum  of  three  hundred  and  sixty  dollars, 
which  sum  shall  be  in  full  for  the  use  and  occupation,  by 
the  Agents  of  the  Commonwealth,  of  a  piece  of  ground 
adjoinmg  the  State  Prison,  from  March  1804,  to  the  pre- 
sent time.  And  His  Excellency  the  Governor,  with  the 
advice  of  Council,  is  requested  to  draw  his  warrant  on 
the  Treasurer,  in  favour  of  the  said  James  Morrill,  as 
Agent  of  the  said  Company,  for  the  aforesaid  sum. 


HOUSE  OF  R.— DEAF  AND  DUMB.    103 


CHAP.  XL. 

A  Resolve  providing  for  the  payme7it  for  the  repairs  in 
the  Hall  of  the  House  of  Representatives, 

February  5,  1829. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Corn mon wealth,  to  J.  H.  Wheeler,  Wil- 
liam Marden,  and  SafFord  &  Low,  five  hundred  and  eighty 
two  dollars  and  seventy  eight  cents ; — To  J.  W.  Wheeler 
twelve  hundred  and  twenty  four  dollars  and  two  cents; — 
To  Gore  &  Baker  five  hundred  and  forty  nine  dollars  and 
nineteen  cents ; — and  to  William  Hancock  twenty  two 
dollars  and  fifty  cents,  in  full  for  repairs  by  them  made  in 
the  Hall  of  the  House  of  Representatives ;  and  His  Ex- 
cellency the  Governor  is  requested  to  draw  his  warrant 
accordingly. 


CHAP.  XLL 

Resolves  respecting  the  Deaf  and  Dumb. 

February  7,  1829. 

Resolved,  That  John  Oliver  David,  and  William  S. 
Smith,  two  of  the  pupils  now  at  the  American  Asylum  at 
Hartford,  be  continued  at  said  Asylum,  as  beneficiaries  of 
the  State,  for  any  term  not  exceeding  two  years  from  and 
after  the  expiration  of  the  term  of  four  years  from  the 
time  of  their  admission  respectively,  according  as  the  Ex- 
ecutive of  this  Commonwealth  may  determine  to  be  ne- 
cessary for  their  complete  education. 


104  PHINEAS  S.  NUTTING. 

Resolved^  That  whenever  the  Principal  of  said  Institu- 
tion shall  think  it  necessary  for  the  complete  education 
of  any  pupiK  that  now  is  or  hereafter  may  be  a  beneficia- 
ty  of  this  State  at  said  Institution,  that  he  or  she  should 
remain  a  pupil  therein  for  a  longer  term  than  four  years 
from  the  time  of  his  or  her  admission,  the  Executive  of 
this  Commonwealth  shall  have  authority  to  extend  the 
term  of  instruction  of  such  pupils  beyond  the  period  of 
four  years  :  Provided,  that  no  beneficiary  of  this  State,  at 
said  Institution,  shall  remain  a  pupil  thereof  for  a  longer 
time  than  six  years  from  his  or  her  admission. 

Jlesolved,  That  there  be  paid,  annuallj/,  from  the  Treas-- 
\iry  of  this  Commonwealth,  upon  the  warrant  of  the  Gov- 
ernor, out  of  an}'  monies  not  otherwise  appropriated,  so 
much  as  may  be  necessary  to  carry  into  effect  the  fore^^o- 
ing  Resolve  :  Provided,  that  the  total  sum  so  paid  shall 
not  exceed  aimually   six   thousand   five  hundred  dollars. 

Resolved,  That  no  beneficiary  of  this  State,  after  enter- 
ing said  Asjdum,  shall  be  withdrawn  therefrom,  but  with 
the  consent  of  the  proper  authorities  cf  said  Institution, 
or  of  the  Governor  of  this  Commonwealth. 


CHAP.  XLII. 

Resolve  on  the  Petition  of  Phineas  S.  JSTuiting. 

February  9,  1829. 

On  the  Petition  of  Phineas  S.  Nutting,  of  Ashburnhani, 
in  the  County  of  Worcester,  stating,  that  at  a  Regimental 
lieview,  on  the  twenty  second  day  of  October  last,  while 
in  the  line  of  his  duty,  as  a  private  in  the  regiment  com^ 
manded  by  Col.  Jonas  A.  Marshall,  his  musket  accidental- 
ly went  off,  by  which  he  lost  his  right  eye,  and  his  face 
was  otherwise  much  lacerated  and  injured ; — 


M.  HOUSE,  &c.  CHRISTIANTOWN.  105 

Resolved,  For  reasons  set  forth  in  said  Petition,  that 
there  be  allowed  and  paid,  out  of  the  Treasury  of  this 
Commonwealth,  to  the  said  Phineas  S.  Nutting,  the  sum 
of  one  hundred  and  fifty  dollars,  in  consideration  of  the 
wound  aforesaid,  and  the  consequent  expenses  and  loss  of 
time;  and  his  Excellency  the  Governor  is  hereby  request- 
ed to  draw  his  \varrant  on  the  Treasury,  in  favour  of  the 
said  Phineas  S.  Nutting,  for  the  aforesaid  sum. 


CHAP.  XLHI. 

Resolve  granting  three  hundred  dollars  to  build  a  house 
for  Public   Worship  and  School  House,  at  Christian- 
town. 

February  9,  1829. 

♦On  the  Petition  of  Frederick  Baylies,  a  Missionary 
among  the  Indians  on  Martha's  Vineyard,  praying  for  an 
appropriation  from  the  Treasury  of  the  State,  to  build  a 
Meeting  House  and  School  House,  for  the  use  of  the 
Indians  at  Christiantown : 

Resolved,  That  there  be  paid  out  of  the  Treasury  of 
this  Commonwealth  to  Daniel  Fellows,  Jr.  of  Edgartown, 
Esquire,  Guardian  of  the  Indians  on  Martha's  Vineyard, 
the  sum  of  three  hundred  dollars,  to  be,  by  him,  expend- 
ed in  the  building  of  a  House  at  Christiantown,  suitable 
for  Public  Worship  and  a  School  House,  for  the  use  of 
the  Indians  inhabiting  that  place.  And  His  Excellency 
the  Governor  is  requested  to  draw  his  warrant  on  the 
Treasury  for  the  same  :  the  said  Daniel  Fellows,  Junior, 
to  render  to  the  Governor  and  Council  a  true  account  of 
his  expenditures  in  the  premises,  to  be  by  them  examined 
and  allowed. 


106        IJNDIANS  ON  ISLAND  OF  CHAPPE. 


CHAP.  XLIV. 

iiesolve  providing  for  the  cotnpensaiion  of  the  Commis- 
sioners, appointed  to  make  partition  of  the  lands  belong- 
ing to  the  Indians  and  people  of  colour^  inhabitants  of 
the  Island  of  Chappequiddic,  and  Christiantown,  in 
Dukes  County. 

February  10,  1829. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth,  to  the  several  Commis- 
sioners appointed  tn  make  partition  of  the  lands  belong- 
ing to  the  Indians  and  People  of  Colour,  inhabitants  of 
the  Island  of  Chappequiddic,  and  Christiantown,  in  Dukes 
County,  the  respective  sums  following  to  wit :  to  John 
Hancock,  one  hundred  twent}'  six  dollars  and  six  cents ; 
Thomas  Fish,  one  hundred  twenty  three  dollars  and  sev- 
enty three  cents ;  Jeremiah  Pease,  one  hundred  sixty  six 
dollars  and  fort}^  eight  cents ;  in  full  of  all  their  expenses, 
sums  paid  in  full  to  assistants  and  chain  bearers,  and  for 
their  services,  and  all  other  expenses  by  them  in  anywise 
incurred,  in  and  about  the  duties  enjoined  on  them  by 
their  commission,  which  issued  pursuant  to  an  act  of  this 
Commonwealth  ;  and  that  his  Excellency  the  Governor, 
be,  and  is  hereby  authorized  and  requested,  to  draw  his 
warrant  on  the  Treasurer,  in  favour  of  t!ie  said  several 
persons  respectively,  for  the  several  sums  aforesaid. 


xMESSAGE.  107 


CHAP.  XLV. 

To  the  Honorable  Senate  and 

House  of  Representatives  : 

The  Commissioners  of  the  Board  of  Internal  Improve- 
ment, to  whom  the  Legislature  by  a  Resolve  of  the  2d  of 
March,  1827,  assigned  the  duty  of  making  a  survey  of  a 
Route  for  a  Canal  from  Boston  to  the  Blackstone  Canal, 
and  to  the  line  of  the  State  of  Connecticut,  to  meet  a  pro- 
posed Canal  leading  from  Norwich  in  that  State,  and 
thence  to  extend  their  survey  to  Western,  in  the  County 
of  Worcester,  have  transmitted  to  me  their  Report,  with 
accompanying  Plans,  Profiles,  and  Estimates  of  expense, 
which  I  hasten  to  present  to  your  examination. 

The  Route  preferred  by  the  Commissioners,  is,  through 
Brighton  and  Wtitertovvn  to  Newton  Lower  Falls,  thence 
through  Natick  and  Medway,  generally  by  the  course  of 
the  Charles  River,  to  the  summit  level  in  Bellingham,  3(5 
miles  from  Boston  and  2 lO  feet  above  tide  waters;  and 
thence  7^  miles  further,  by  a  descent  of  20  feet,  to  the  in- 
tersection with  the  Blackstone  Canal  inMendon;  making 
the  whole  distance  from  Boston  to  the  Canal  43j  miles. 
The  Route  is  then  with  the  Blackstone  Canal  to  Worces- 
ter, about  26  miles.  Here,  leaving  the  Canal,  it  proceeds 
by  a  summit  level  in  Ward,  throiigh  part  of  Oxford  and 
Dudley,  into  Thompson  in  the  State  of  Connecticut,  and 
to  the  wattrs  of  the  Quinabang,  and  up  the  valley  of  that 
River,  through  Southbridge  and  Sturbridge,  to  a  summit 
level,  nearly  at  the  height  of  the  level  of  the  Podunk  Pond 
in  Brookfield ;  and  thence  down  the  Quabog  River,  a 
branch  of  the  Chickopee,  to  Western. 

The  distance  from  Worcester  fo  Western,  on  the  line  of 
the  survey,  is  50  miles,  with  a  lockage  of  about  .500  feet. 
The  line  extended  to  Springfield,  at  the  estimated  distance 
of  24  miles,  will  make  the  whole  Route,  from  Boston  to 
that  place,  about  46  miles  further  than  the  present  sta^^e 


108   COUNTY  TAX  FOR  BERKSHIRE  CO. 

road,  and  from  Boston  to  Worcester,  about  26  miles  great- 
er than  by  the  Turnpike. 

The  expense  of  constructing  the  Canal  is  estimated  by, 
the  Commissioners,at  10,200  dolls,  per  mile,  on  the  Eastern 
Section,  from  Boston  to  the  point  of  intersection,  with  the 
Blackstone  Canal ;  and  on  the  Western  Section,  from  the 
Canal  in  Worcester,  over  the  Ward  summit,  by  Thompson 
in  Connecticut,  to  Western,  at  13,500  dollars  per  mile;  or 
an  average  of  about  $  12,000  per  mile  for  the  whole  distance 
of  93^  miles  of  new  construction  from  Boston  to  Western, 
exclusive  of  damages  for  land. 

Abundant  supplies  of  water,  in  the  opinion  of  the  Com- 
missioners, may  be  obtained  for  the  purposes  of  the  Canal, 
upon  each  section  of  the  Route,  without  prejudice  to  ex- 
isting hydraulic  works. 

The  Commissioners  state,  thai  the  limited  appropriation 
of  One  Hundred  Dollars,  to  extend  the  survey  from  Wes- 
tern to  Connecticut  River,  by  the  route  of  the  valley  of 
the  Chickopee,  would  not  adtnit  of  their  completing  that 
service,  witiiin  the  condition  of  the  Resolve  of  the  11th  of 
March  last. 

The  Reports  of  the  Commissioners  and  Engineer,  with 
the  very  beautiful  Maps  from  actual  surveys,  presented  by 
the  latter,  will  be  found  to  afford  much  topographical  in- 
formation alike  interesting  and  useful  to  the  public. 

LEVI  LIiNCOLX. 

Council  Chamber,  February  11,  1829. 


CHAP.  XLVI. 

A  Resolve  confirming  the  assessment  of  a  County  Tax  for 
the  County  of  Berkshire. 

Febuary  11,  1829. 

Whereas,  an  estimate  of  a  County  Tax  was  made  and 
adopted  by  the  Court  of  Sessions  for  the  County  of  Berk- 


COUNTY   TAXES.  109 

shire,  v^t  the  September  term  of  said  Court  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  twenty  sev- 
en, amounting  to  seventeen  thousand  and  five  liundred 
dollars,  and  whereas  the  same  was  duly  transmitted  by 
the  Clerk  of  said  Court  to  the  Secretary  of  this  Com- 
monwealth, and  by  said  Secretar}'  delivered  to  the  Com- 
mittee on  County  estimates,  in  due  season  to  be  acted  on 
by  the  Legislature  at  their  January  session  A.  D.  1828. 
And  whereas  the  same  was  mislaid,  so  that  no  Resolve  of 
the  Legislature  was  passed,  authorizing  the  levying  and 
collecting  said  Tax,  and  whereas  the  Clerk  of  said  Court 
did  issue  warrants  for  the  levying  and  collecting  said  Tax 
of  seventeen  thousand  and  five  hundred  dollars,  directed 
to  the  Selectmen  or  Assessors  of  the  several  towns  in  the 
Count}^  of  Berkshire,  by  which  warrants  said  taxes  were 
made  payable  into  the  County  Treasury  bv  the  first  day 
of  November  A.  D.  1828.  Therefore^  Resolved,  that  the 
doings  of  the  Clerk  in  issuing  said  warrants,  and  of  all 
persons  acting  under  the  same  be  confirmed,  and  that  the 
same  be  as  valid  as  if  they  had  issued  by  virtue  of  a  Re- 
solve of  the  Legislature. 


CHAP.  XLVIL 

Resolve  granling  Taxes  for  the  several  Counties. 

February  11,  1829. 

Whereas  the  Treasurers  of  the  following  Counties  have 
laid  their  accounts  before  the  Legislature,  which  accounts 
have  been  examined  and  allowed ;  and  the  Clerks  of  the 
County  Commissioners,  for  the  said  Counties,  liave  exhib- 
ited estimates  made  by  said  Commissioners,  of  the  neces- 
sary charges  which  may  arise  within  their  respective 
Counties  for  t?!ie  year  ensuing,  and  of  the  sums  necessary 
to  discharge  the  debts  of  the  said  Counties. 
15 


110  JAMES  TABER,  ESQ. 

Resolved,  That  the  suras  annexed  to  the  several  Coun- 
ties contained  in  the  following  Schedule,  be,  and  the  same 
are  hereby  granted  as  a  Tax  for  each  County  respective- 
ly, to  be  apportioned,  assessed,  paid,  collected  and  appli- 
ed, for  the  purposes  aforesaid,  according  to  law,  viz  : 
'*^he  County  of  Essex,  thirty  thousand  dollars,  $30,000 
Middlesex,  fourteen  thousand  dollars,  14,000 

Worcester,  twelve  thousand  dollars,  12,000 

Hampshire,  ten  thousand  dollars,  10,000 

Franklin,  fifteen  thousand  dollars,  15,000 

Hampdsn,  five  thousand  dollars,  5,000 

Berkshire,  fourteen  thousand  dollars,  14,000 

Norfolk,  eleven  thousand  eight  hundred  and 

fifty  dollars,  11,850 

Bristol,  twenty  thousand  dollars,  20,000 

Plymouth,  six  thousand  dollars,  6,000 

Barnstable,  four  thousand  six  hundred  and 

fifty  dollars,  4,650 

Dukes  County,  six  hundred  dollars,  600 


CHAP.   XLVHI. 

Resolve    to  pay  expenses   of   Sickness   and  Funeral  of 
James  Taber,  Esquire. 

February  11,  1829. 

Resolved,  That  the  sum  of  two  hundred  and  six  dollars 
be  paid  out  of  the  Treasury  of  this  Commonwealth,  to 
Jacob  Kuhn,  Messenger  of  the  General  Court,  in  order  to 
defray  the  expenses  of  the  last  sickness  and  funeral  of 
James  Taber,  Esquire,  late  a  Member  of  the  House  ;  said 
Kuhn  to  account  therefor,  and  that  His  Excellency  the 
Governor  be  requested  to  draw  his  warrant  for  the  same 
ojft  the  Treasurer. 


MESSAGE —JOSEPH  N.  HOWE.  1 1 1 


CHAP.  XLIX. 

To  the  Honourable  Senate,  and 

House  of  Representatives  .^ 

I  herewith  transmit  a  Report  of  the  Commissioners  ap- 
pointed pursuant  to  a  Resolve  of  the  26th  of  February, 
1828,  upon  the  Claim  of  William  Simpson,  against  the 
Commonwealth,  which  presents  a  statement  of  facts  in 
the  case,  and  results  in  an  expression  of  the  unanimous 
opinion  of  the  Commissioners,  that  no  compensation,  in- 
demnity or  payment  is  due,  in  law  or  equity,  from  this 
Commonwealth,  to  the  Petitioner. 

LEVI  LINCOLN; 

Council  Chamber,  February  12,  1829. 


CHAP.  L. 

Resolve  on  the  Petition  of  Joseph  JY.  Howe  and  others. 

February  13,  1829. 

Whereas,  Mary,  the  wife  of  Thomas  Smith,  formerly  of 
Boston,  gardner,  deceased,  was  seized  of  certain  parcels 
of  land  in  Boston,  herein  described,  in  fee  simple,  and 
whilst  she  was  living,  and  the  wife  of  said  Thomas^  was  in 
such  circumstances  as  rendered  it  necessary  that  the  said 
lands  should  be  sold  for  her  support,  but  was  unable  to 
join  in  said  sale,  or  execute  the  deeds  thereof,  and  the 
said  Thomas,  by  his  several  deeds,  conveyed  the  same  to 
sundry  persons,  to  wit  : — to  James  Burdakin,  by  deed 
dated  the   sixteenth  da)'  of  October,  A.  D.  1793,  a  lot  of 


112  JOSEPH  N.  HOWE. 

land  bounded  south-east  on  Pleasant  street,  there  meas- 
uring fift}^  feet  ;  north-westerly  on  land  then  of  James 
JBlake  ;  north-westerly  on  the  sea  or  salt-water  ;  and 
north-easterly  on  land  of  Thomas  Whitmarsh,  carrying 
the  same  width  from  front  to  rear  ; — and  to  Jeremiah 
Leaming,  by  deed  dated  the  twenty-ninth  day  of  August, 
A.  D.  1795,  a  small  gore  of  land,  bounded  westerly  or 
north-westerly  on  Pleasant  street,  there  measuring  four- 
.  teen  feet ;  northerly  or  north-easterly  on  Eliot  street,  one 
hundred  feet,  and  diminishing  in  breadth  till  it  comes  to  a 
point,  at  that  distance  from  Pleasant  Street. 

And  whereas,  the  said  Mary  Smith  is  alleged  to  have 
died  without  issue,  and  without  any  heirs  at  law,  by  means 
whereof,  and  of  her  not  having  signed  the  said  deeds,  the 
said  lands  did  escheat  and  revert  to  the  Commonwealtfi. 

And  whereas,  the  said  lots  of  land,  by  sundry  mesne 
convej'ances,  have  come  to  the  possession  of  certain  |)er- 
sons,  named  Joseph  N.  Howe,  Deborah  Parker,  Joseph 
W.  Revere  and  Isaac  Parker,  all  of  Boston,  who  severally 
hold  parcels  thereof,  for  valuable  considerations  paid  by 
them  respective!}',  and  who  have,  by  petition,  prayed  for 
relief  from  the  General  Court  in  this  behalf, — wherefore 
in  consideration  of  the  premises  ; 

Resolved,  That  the  Commonwealth  of  Massachusetts 
doth  hereby  release  unto  the  said  Joseph  N.  Hov/e,  Deb- 
orah Parker,  Joseph  W.  Revere,  and  Isaac  Parker,  re- 
spectively, and  their  respective  heirs  and  assigns,  all  the 
right,  claim  and  interest  which  this  Commonwealth  hath 
in  and  to  the  afor^^described  lots  of  land,  to  have  and  to 
hold  the  several  parcels  thereof  now  in  the  possession  of 
the  said  Joseph  N.  Howe,  Deborah  Parker,  Joseph  W. 
Revere,  and  Isaac  Parker,  respectively,  unto  them  and 
each  of  them,  their,  his  or  her  respective  heirs  and  as- 
signs, in  the  same  manner  as  they  would  have  done,  if 
the  deeds  aforesaid  had  been  duly  and  legally  executed 
by  the  said  Mary  Smith,  with  her  said  husband  Thomas 
Smith. 


INDEPENDENCE.— REV.  SOLDIERS.       113 


CHAP.  LI. 

Resolve  to  repeal  former  Resolves  relating  to  the  celebra- 
tion of  our  JYaiional  Independence. 

February  14,  1829. 

Resolved^  That  a  Resolve  passed  on  the  30th  day  of 
June,  1786,  entitled  a  Resolve  on  the  Governor's  Mes- 
sage, for  commemorating  the  4th  of  July,  1786,  request- 
ing His  Excellenc}^  to  order  a  discharge  of  cannon,  and 
desiring  the  Chaplain  to  officiate  in  the  religious  exerci- 
ses of  the  da}',  and  requesting  the  Governor,  with  the 
advice  of  Council,  on  future  occasions,  to  cause  the  day 
to  be  thus  celebrated  ;  and  also  a  Resolve,  passed  March 
1,  1826,  entitled  "  a  Resolve  making  an  approf)riation  for 
celebrating  the  anniversary  of  our  National  Indepen- 
dence," be  and  the  same  are  hereby  repealed. 


CHAP.  LII. 

Resolve  relating  to  Lands  granted  to  Revolutionary  Sol- 
diers, 

February  18,  1829: 

The  Committee  on  Public  Lands,  to  whom  was  referred 
that  part  of  His  Excellency's  Message  relating  to  the 
further  assignment  of  lands  to  those  Soldiers  of  the  Rev- 
olutionary Army,  who  are  entitled  to  lots  under  previous 
Resolves,  from  which  they   may  continue  to  draw  their 


114  REVOLUTIONARY  SOLDIEFiS. 

lots, — have  had  the  subject  under  consideration,  and  ask 
leave  to  report  the  following  Resolves. 

THOMAS  WELSH,  Jr.  Chairman. 

JResolved,  That  the  Land  Agent  be,  and  he  hereby  is, 
authorized  to  coiive}^  by  good  and  sufficient  deeds,  to 
each  non-commissioned  officer  and  soldier,  (who  has  not 
already  received  land  or  money  under  the  provisions  of 
the  Resolves  of  the  5th  day  of  March,  1801,  and  4th  day 
of  March,  1828)  who  enlisted  into  the  American  army,  to 
serve  in  said  army  from  the  date  of  his  enlistment  during 
the  remaining  period  which  the  Revolutionary  War  with 
Great  Britain  should  continue,  and  shall  have  completed, 
conformably  to  said  enlistment,  a  term  of  time  not  less 
than  three  years,  and  who  was  honourabl}^  discharged, 
and  to  their  heirs  and  assigns,  two  hundred  acres  of  land, 
to  be  drawrt  within  four  j^ears  from  the  date  hereof,  from 
any  of  the  remaining  undrawn  lots  in  Mars  hill  township, 
or  two  hundred  acres  each,  fi  om  each  of  the  following 
townships,  viz  ;  Township  No.  4,  of  the  2d  range  of 
townships  in  the  County  of  Somerset,  north  of  Bingham's 
Kennebeck  Purchase  ;  or  Township  No.  2,  of  the  7th 
range  of  townships  in  the  County  of  Penobscot,  west  of 
the  Monument,  so  called,  all  in  the  State  of  Maine  :  Pro- 
vided, that  no  more  than  20  lots  shall  be  drawn  from 
either  of  said  townships,  and  the  same  shall  be  drawn  in 
such  maimer  as  will  reserve  intermediate  lots  to  the  Com- 
monwealth. 

Resolved,  That  said  Agent  cause  said  Township  No. 
2,  7th  range,  to  be  surveyed  into  lots  of  two  hundred 
«cres  for  the  purpose  aforesaid. 


LANDS  IN  MAINE.  115 


CHAP.    LIII. 

Resolve  concerning  Gores  and  Slips  of  Land,  in  Maine. 

February   18,  1829. 

Whereas,  it  has  been  represented  that  tfiere  are  several 
gores  and  small  tracts  of  land  in  different  parts  of  the 
State  of  Maine,  which  escaped  the  knowledge  of  the 
Commissioners  appointed  under  the  Act  of  Separation,  at 
the  time  tliey  were  making  a  division  of  these  small  rem- 
nants, consequently  they  remain  the  undivided  property 
of  this  Commonwealth  and  the  State  of  Maine,  and  are 
not  considered  to  be  of  much  value, 

The  Committee  on  Public  Lands  ask  leave  to  report 
the  following  Resolve. 

THOMAS  WELSH,  Jr.  Chairman. 

Resolved,  That  the  Land  Agent  of  this  Commonwealth, 
conjointly  with  the  Land  Agent  of  the  State  of  Maine,  be 
and  he  is  hereby  authorized  and  empowered  to  sell  and 
convey,  by  deeds  of  quitclaim,  all  such  small  tracts  or 
gores  of  land,  in  the  State  of  Maine,  from  time  to  time, 
as  they  shall  come  to  his  knowledge,  for  the  benefit  of 
the  two  States  of  Massachusetts  and  Maine,  provided  i$ 
appears  evident  the  same  are  owned  by  said  States, 


116  SALE  OF  PUBLIC  LANDS. 


CHAP.  LIV. 

Resolve  relating  to  the  Sale  of  Public  Lands. 

February  18,  1829. 

The  Committee  on  Public  Lands,  to  whom  was  referred 
the  RejDort  of  the  Land  Agents  of  the  sales  they  have 
made  of  the  Public  Lands,  by  which  it  appears  they  have 
sold  or  have  agreed  to  sell  the  six  townships  they  were 
authorized  to  dispose  of  by  virtue  of  a  Resolve  passed 
the  22d  day  of  February  last,  and  that  further  sales  may 
be  advantageously  made  ; — The  Committee,  therefore,  ask 
leave  to  report  the  following  Resolve. 

THOMAS  WELSH,  Jr.  Chairman, 

Resolved,  That  said  Agents  be,  and  they  are  hereby 
authorized  and  empowered,  to  make  sale  of  six  townships 
more  of  the  lands  belonging  to  this  Commonwealth,  sit- 
uate in  the  State  of  Maine,  lying  south  of  the  Monument 
Line,  so  called,  and  around  Moosehead  Lake,  either  at 
public  or  private  sale,  on  such  terms  and  conditions  fis 
they  may  judge  will  best  subserve  the  interest  of  this 
Commonwealth,  with  authority  to  convey  the  same  by 
good  and  sufficient  deeds. 


COM.  vs.  TYR.— N.  STEARNS,  &c.  11 


CHAP.  LV. 

Resolve  directing  the  Solicitor  General  relative  to  an 
Action  in  the  name  of  the  Commomvealth  against  the 
Town  of  Tyringham. 

February  18,  1829. 

Resolved,  That  the  Solicitor  General  be,  and  hereby  is, 
directed  to  discontinue  an  action  now  pending  before  the 
Supreme  Judicial  Court  for  the  County  of  Suffolk,  in  the 
name  of  the  Commonwealth  against  the  Town  of  Tyring- 
ham, instituted  by  him  under  a  Resolve  passed  February, 
1828,  and  to  commence  another  action  against  said  Town 
in  the  Coanty  of  Berkshire,  under  the  same  Resolve. 


CHAP.  LVI. 

Resolve  on  the  Petition  of  JYathaniel  Stearns,  Guardian 
of  Edwin  Mears  and  Charles  Mears,  minors,  and  John 
Baldwin,  Guardian  of  Lucy  Jinn  Mears,  JVathan  Mears, 
and  Elbert  Mears,  minors,  praying  for  leave  to  sell  cer- 
tain parcels  of  Real  Estate,  belonging  to  said  minors. 

February  19,  1829. 

Resolved,  for  the  reasons  set  forth  in  said  Petition,  that 
Nathaniel  Stearns,  of  Billerica,  in  the  County  of  Middle- 
sex, Guardian  of  Edward  Mears  and  Charles  Mears, 
minors,  and  John  Baldwin,  of  said  Billerica,  Guardian  of 
Lucy  Ann  Mears,  Nathan  Mears  and  Elbert  Mears, 
minors,  be,  and  they  are  hereby  authorized  and  empower- 
16 


118  STATE  PRISON. 

ed  to  sell  at  private  sale,  all  the  right,  title  and  interest  of 
said  minors,  in  and  to  a  certain  tract  of  land  and  water 
privilege,  situate  in  said  Billerica,  at  the  Canal  Mills,  so 
called,  and  known  by  the  name  of  the  "jBlacksmith's  Forge 
and  Iron  Woiks;"  also,  all  the  right,  title  and  interest  of 
said  minors  in  and  to  a  certain  other  tract  of  land  and 
water  privilege,  situate  at  the  said  Canal  Mills,  called  the 
"  Little  Factory,"  or  "  Woollen  Factory  ;"  also,  one  undi- 
vided third  part  of  about  one  acre  of  land,  with  a  dwelling 
house,  barn,  and  out  buildings  thereon,  situate  at  the  said 
Canal  Mills,  called  the  "Fessenden  Place;"  also,  one 
undivided  third  part  of  about  twenty-nine  acres  of  wood 
land  ;  also,  one  undivided  half  of  about  half  an  acre  of 
land  in  said  Billerica,  called  the  "  Sims'  Place,"  and  to 
make  and  execute  good  and  sufficient  deeds  to  the  pur- 
chaser or  purchasers  thereof:  Provided,  the  said  guar- 
dians respectively,  before  making  sale  as  aforesaid,  give 
bonds  to  the  Judge  of  Probate  for  the  said  County  of 
Middlesex,  with  sufficient  sureties,  that  they  will  conduct 
faithfully  in  all  things  relating  to  the  same,  and  will  ac- 
count for  the  proceeds  of  such  sale  or  sales  whenever 
thereunto  legally  required. 


CHAP.  LVII. 

Resolve  making  an  appropriation  for  the  State  Prison. 

February  20,  1829. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Public  Treasur}^  for  the  use  of  the  State  Prison,  the  sum 
of  twenty-four  thousand  nine  hundred  and  thirty  dollars, 
and  sixty-eight  cents,  to  be  drawn  from  the  Treasury  by 
the  Warden  of  said  Prison,  in  such  sums  as  the  Governor, 
with  the  advice  of  Council,   shall,  from  time  to  time,  di- 


ABNER  BIRD— CHRIST.  IiNDIANS.         119 

rect  ;  and  His  Excellency  the  Governor,  with  the  advice 
of  the  Council,  is  hereby  authorized  and  requested  to 
draw  his  warrant  on  t!ie  Treasury  for  the  said  sum  ac- 
cordingly. 


CHAP.   LVIII. 

Resolve  on  the  Petition  of  Ahner  Bird, 

February  20,  1829. 

Resolved^  That  Samuel  Allen,  Esquire,  Treasurer  of  the 
County  of  Worcester,  be,  and  he  is  hereby  authorized  and 
required  to  remit  to  Abner  Bird,  the  sura  of  one  hundred 
and  fifty  dollars,  on  the  judgment  recovered  by  said  Allen 
as  Treasurer  aforesaid,  on  a  note  given  by  said  Bird  in 
satisfaction  of  a  recognizance  entered  into  by  Emory 
Thompson  to  the  Commonwealth. 


CHAP.  LIX. 

Resolve  providing  for  the  settlement  of  the  ^^ccounts  of 
the  former  Guardians  of  the  Christiantown  Indians. 

February  20,  1829. 

Resolved,  That  there  be  allowed  and  paid  out,  of  tlie 
Treasury  of  this  Commonwealth  the  sum  of  thirty-eight 
dollars  and  eighty-seven  cents  to  John  Cottle  and  Benja- 
min Allen,  in  full  for  the  balance  of  all  accounts,  and  for 


120  MASS.  SOC.  FOR  AGUICULTURE. 

all  services  performed  b}'-  them  as  the  former  Guardians 
of  the  Christiantown  Indians  in  Dukes  County,  and  that 
His  Excellency  the  Governor,  with  the  advice  of  Council, 
is  hereby  authorized  and  requested  to  draw  his  warrant 
accordingly  :  Provided^  that  the  said  John  Cottle  and 
Benjamin  Allen  shall  produce  a  certificate  of  the  present 
Guardian  of  said  Indians,  certifying  that  they  have  satis- 
factorily accounted  for  the  sum  of  fourteen  dollars  and 
forty  cents,  received  by  them  for  the  rent  of  Olive  How- 
wosweis  land,  for  the  years  1816  and  1817. 


CHAP.   I.X. 

Resolve  on  the  Petition  of  the  Trustees  of  the  Massachu- 
setts Society  for  promoting  Agriculture. 

February  21,   1829. 

Resolved,  That  there  be,  and  hereby  is,  granted  to  the 
Trustees  of  the  Massachusetts  Society  for  promoting 
Agriculture,  one  half  of  a  township  of  land,  the  contents 
of  six  miles  by  three  miles,  for  the  support  and  mainte- 
nance of  the  Massachusetts  Professorship  of  Natural  His- 
tory, (in  lieu  of  a  township  granted  for  the  same  purpose 
by  a  Resolve  dated  the  fourth  day  of  March,  1809)  to  be 
located,  surveyed  and  assigned  under  the  direction  of  the 
Land  Agent,  at  the  expense  of  said  Trustees,  within  five 
years  from  the  date  hereof,  from  any  of  the  unappropri- 
ated lands  lying  south  of  the  JMonument  Line,  so  called, 
which  shall  belong  to  this  Commonwealth  at  the  time 
when  said  survey  shall  be  made.  And  the  Land  Agent 
is  hereby  authorized  to  make  a  deed  of  conveyance  to 
said  Trustees,  or  their  assigns,  subject,  however,  to  a 
reservation  of  three  lots,  of  one  hundred  and  sixty  acres 
each,  for  the  following  uses,  viz  : — one  lot  for  the  first 


M.  WHEELOCK.— WM.  ROBINSON.         I2f 

settled  Minister,  his  heirs  and  assii^ns  ;  one  lot  for  the 
use  of  the  Ministry  ;  and  one  lot  for  the  use  of  Schools  in 
said  half  township. 


CHAP.  LXI. 

Resolve  on  the  Petition  of  Martin  Wheelock,  granting  a 
renewal  and  continuance  of  his  Pension. 

February  21,  1829. 

On  the  Petition  of  Martin  Wheelock.  of  Conway,  in 
the  County  of  Franklin,  praying  for  the  renewal  and  con- 
tinuance of  his  Pension,  on  account  of  a  wound  which  he 
received  while  on  Militia  duty  : 

Resolved^  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  the  said  Martin 
Wheelock,  the  sum  of  thirty  dollars  a  year  for  the  term 
of  three  years,  from  the  12th  day  of  June,  A.  D.  1827, 
should  he  li\  e  so  long,  in  full  for  a  wound  which  he  re- 
ceived when  on  military  duty,  in  October,  1818. 


CHAP.  Lxn. 

Resolve  on  the  Petition  of  William  Robinson,    Guardian 
to  the  Dudley  Indians,  so  called. 

February  24,   1829. 

Resolved,  That  the  said  William  Robinson,  for  reasons 
set  forth  in  his  Petition,   be,    and  hereby  is,   discharged 


122  MOSES  WHITNEY. 

from  said  trust,  from  and  after  the  first  day  of  March 
next  ;  and  that  the  Governor  of  this  Commonwealth  be 
authorized  and  empowered  to  appoint,  from  time  to  time, 
Guardians  of  said  Indians  ;  and  the  said  Guardians,  so  ap- 
pointed, shall  be  vested  with  the  full  powers  and  author- 
ity which  have  been  heretofore  vested  in  the  Guardians 
of  said  Indians,  and  to  be  in  the  same  manner  accountable 
to  this  Legislature.  The  said  Guardians  shall,  each  and 
every  year,  in  the  month  of  January,  exhibit  imd  lay  their 
accounts  for  articles  delivered,  or  services  performed,  for 
said  Indians,  before  the  Selectmen  of  the  town  of  Dudl&3% 
for  the  time  being,  whose  duty  it  shall  be  to  examine  and 
certify  their  opinion  on  said  accounts,  whether  the  whole, 
or  what  part  thereof,  ought  to  be  allowed  ;  which  account 
and  certificate  shall  be  presented  to  the  Committee  on 
Accounts,  and  allowed,  according  to  the  provisions  of  a 
Resolve  for  selling  said  Indians' land,  passed  June  the  7th, 
one  thousand  seven  liundred  and  ninety-seven,  any  Law 
or  Resolve  to  the  contrary  notwithstanding. 


CHAP.  LXIIL 

Resolve  on  the  Petition  of  Moses  Whitney^  for  permission 
to  perpetuate  evidence  of  notice  of  the  sale  of  cei^tain 
Real  Estate. 

February  25,  1829. 

Resolved^  for  reasons  set  forth  in  said  Petition,  that 
Moses  Whitney,  of  Stow,  in  the  County  of  Middlesex, 
administrator  of  Abraham  Priest,  late  of  said  Stow,  de- 
ceased, be,  and  he  is  hereby,  authorized  and  empowered 
to  file  in  the  Probate  Office  within  said  County,  at  any 
time  within  two  months  from  and  after  the  passage  of  this 
Resolve,  an  affidavit  that  he  gave   notice  of  the   sale  of 


RAIL  ROAD.  123 

certain  Real  Estate  of  said  deceased,  situate  in  Marlbor- 
ou£^h,  pursuant  to  a  license  of  the  Judge  of  Probate  for 
said  Count}' ;  and  such  affidavit,  being  so  filed,  shall  be 
evidence  of  said  notice,  and  of  the  time,  })]ace  and  man- 
ner in  wiiich  the  same  was  given,  as  effectually  as  if  such 
affidavit  had  been  made  and  fded  in  the  said  Probate 
Office  witiiin  the  time  prescribed  by  law 


CHAP.  LXIV. 

Resolve  Jor  the  survey  of  a  Rail  Road  from  Plymouth  to 
Wareham,  in  the  County  of  Plymouth. 

February  25,  1829. 

Resolved,  That  the  Board  of  Commissioners  of  Inter- 
nal Improvements,  appointed  in  pursuance  of  a  Resolve 
passed  on  the  22d  day  of  February,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  twenty-seven,  be 
directed  to  survey  a  route  for  a  Rail  Road  from  Plymouth 
to  Wareham,  in  the  County  of  Plymouth ;  and  said  Com-' 
missioners  are  directed  to  make  their  report  to  the  Gov- 
ernor and  Council,  as  soon  as  conveniently  may  be,  after 
completing  said  survey,  and  that  the  Governor  cause  the 
same  to  be  laid  before  the  Legislature  at  the  first  session 
thereof  next  ensuing :  Provided^  the  expenses  of  the 
said  survey  shall  not  exceed  the  sum  of  two  hundred  and 
fifty  dollars. 


1^4        FILES  Sf  RECORDS.— TH.  HARRIS. 


CHAP.  LXV. 

Resolve  relating  to  the  Files  and  Records  of  this   Com- 

monivealth. 

February  25,  1829. 

Resolved,  That  the  Secretary  of  tlie  Commonwealth  be, 
and  he  hereby  is,  directed  to  take  into  his  care  and  keep- 
ing, all  books  and  papers  belonging  to  the  Common- 
wealth, not  already  under  the  care  of  some  other  officer 
of  the  Government,  excepting  those  belonging  to  the 
Executive,  or  to  one  of  the  two  branches  of  the  Legisla- 
ture ;  and  that  he  proceed  to  put  the  same,  together  with 
the  papers  now  in  his  office,  not  in  that  condition,  into 
proper  order  and  regular  files,  and  to  make  out  a  list  of 
said  files,  and  of  all  the  papers  therein  contained,  as  soon 
as  may  be,  consistently  with  the  proper  discharge  of  the 
other  duties  of  his  office. 


CHAP.  LXVL 

Resolve  for  the   settlement  of  the  Accounts  of  Thomas 

Harris, 

February  2r),  1829. 

Resolved,  That  Thomas  Harris,  late  Warden  of  the 
State  Prison,  be,  and  he  is  hereby  required  to  exhibit  his 
Account  for  expenditures  for  the  new  Prison  at  Charles- 
town,  and  the  several  vouchers  therefor,  to  the  Governor 


Q.  M.  G.'s  DER— JOHN  S.  POPKIN.  125 

and  Council,  who  are  hereby  authorized  and  empowered 
to  audit  and  settle  the  Accounts  of  the  said  Harris  in  re- 
lation to  the  new  Prison. 


CHAP.  LXVH. 

Resolve  makmg  an  appropriation  for  the  Quarter  Master 
GeneraVs  Department, 

February  25,  1829. 

On  the  Memorial  of  William  H.  Sumner,  Acting  Quar- 
ter Master  General  :  ofj    ^jiiiiiji')! 

Resolved,  That  the  sum  of  four  thousand  iseveil"  hufif- 
dred  and  three  dollars  and  eighty-five  cents,  be,  and  hereby 
is,  appropriated  to  defray  the  expenses  of  the  Quarter 
Master  General's  Department ;  and  that  His  Excellency 
the  Governor,  by  and  with  advice  of  Council,  be  re- 
quested to  draw  his  warants  on  the  Treasurer  for  the 
same,  for  such  sums  and  at  such  times  as  the  public  ser- 
vice? shall  require,  in  favor  of  the  Acting  Quarter  Master 
General,  for  the  faithful  application  of  which  he  is  to  be 
accountable. 


CHAP.    LXVHI. 

Resolve  on  the  Petition  of  John  S.  Popkin. 

February  26,  1829. 

On  Ihe  Petition  of  Jolin  S.  Popkin,  of  Cambridge,  in  the 
County  of  Middlesex,  Doctor  of  Divinity,  as  Guardian  of 
17 


126  JOHN  S.  POPKIN. 

Ebenezer  W.  Popkin,  of  Maiden,  in  said  County,  a  non 
compos  mentis  person,  praying  for  leave  to  sell,  at  public 
or  private  sale,  the  undivided  share  of  said  Ebenezer,  of 
and  in  the  real  estate  therein  and  hereinafter  described, 
and  to  convey  the  same  accordingly  ; 

Resolved^  for  ^,he  reasons  set  forth  in  said  Petition,  that 
said  John  S.  Popkin,  as  such  Guardian  of  said  Ebenezer 
W.  Popkin,  be,  and  he  hereby  is,  fully  authorized  and 
empowered  to  sell,  at  public  or  private  sale,  all  the  right, 
title  and  interest  of  said  Ebenezer  in  and  to  nine  undivid- 
ed sixteenth  parts  of  said  real  estate,  consisting  of  about 
seven  acres  of  land  and  a  wooden  dwelling  house,  barn 
and  corn  crib  thereon,  situate  in  the  northwesterly  part 
of  the  village,  (so  called)  in  New  Bedford,  in  the  County 
of  Bristol,  in  this  Commonwealth,  and  bounded  and  de- 
scribed as  follows,  to  wit : — west,  by  the  old  County  road, 
leading  from  Clark's  Cove  to  the  head  of  Accushnet 
River  ;  north,  by  land  now  owned,  or  lately  owned,  by 
William  Rotch  ;  east,  by  a  town  lot,  and  south,  by  a  cross 
street ;  and  by  deed,  duly  executed,  acknowledged  and 
recorded,  to  convey  the  same  accordingly  to  the  purcha- 
ser or  purchasers  thereof,  in  as  full  and  ample  a  manner 
as  said  Ebenezer  could,  if  he  were  of  sound  mind,  and 
capable  of  selling  and  conveying  real  estate  :  Provided, 
the  said  Guardian  first  take  an  oath  before  the  Judge  of 
Probate  in  and  for  the  County  of  Middlesex,  to  act  faith- 
fully and  impartially,  according  to  his  best  skill  and  judg- 
ment, in  making  said  sale,  and  give  bond,  with  sufficient 
sureties,  to  the  said  Judge,  to  act  as  aforesaid  in  making 
said  sale,  and  to  account  for  and  make  payment  of  the 
proceeds  of  said  sale,  agreeably  to  the  rules  of  law. 


CLERKS— CANAL  FROM  B.  H.  TO  N.  BAY.    127 


CHAP.  LXIX. 

Resolve  providing  for  the  pay  of  Clerks. 

February  26,    1829. 

Resolved,  That  there  be  paid,  out  of  the  Treasur}"  of 
this  Commonwealth,  to  the  Clerk  of  the  Senate,  eight 
dollars  per  day;  to  the  Clerk  of  the  House  of  Represen- 
tatives, ten  dollars  per  day  ;  and  to  the  assistant  Clerk  of 
the  Senate,  six  dollars  per  day  ;  for  each  and  every 
day's  attendance,  they  have  been  or  may  be  emplo3'ed  in 
that  capacity  during  the  present  Session  of  the  Legisla- 
ture, and  that  there  be  further  paid,  to  the  Clerk  of  the 
Senate  and  the  Clerk  of  the  House  of  Representatives, 
one  hundred  dollars  each,  for  copying  the  Journals  for  the 
Library  as  required  by  the  orders  of  the  two  Branches  of 
the  Legislature ;  and  his  Excellency  the  Governor  is  re- 
quested to  draw  his  warrant  accordingly. 


CHAP.  LXX. 

Resolve  relating  to  Survey  for  a  Canal  from  Boston  Har- 
bour to  JVarragansett  Bay. 

February  26,  1829. 

The  Committee  on  Railways  and  Canals  have  examin- 
ed the  Report  of  the  Commissioners,  appointed  to  attend 
the  Engineer  ordered  by  the  General  Government  to  sur- 
vey a  Canal  Route  from  Boston  Harbour  to  Narragansett 
Bay ;  from  which  it  appears,  that  in  the  years  of  1827  and 


128     COMMITTEE  TO  AT.  U.  S.  ENGINEERS. 

1828,  the  Government  of  the  United  States  caused  sur- 
veys to  be  made  of  the  country  lying  between  Boston 
Harbour  and  Narrao;ansett  Kay,  for  the  i)urpose  of  ascer- 
taining the  practicabilit}'  of  constructing  a  Canal,  and  as 
the  information  obtained  in  prosecuting  such  surveys  may 
prove  of  much  benefit  to  the  people  of  this  State,  tiiey 
would  respectfully  submit  the  following  Resolve. 

JOHN  W.  LINCOLN,  Chairman. 

Resolved^  That  his  Excellency  the  Governor  be  re- 
quested to  apply  to  the  Secretary  of  War  for  a  copy  of 
the  Report  of  the  Engineers,  who,  by  authority  of  the 
General  Government,  made  the  surveys  for  a  Canal  Route 
from  Boston  Harbour  to  Narragansett  Bay,  together  with 
a  copy  of  such  plans,  maps  or  estimates  as  may  accompa- 
n}'^  such  Report. 


CHAP.  LXXL 

Resolve  for  paying  the  Committee  appointed  to  attend 
United  States  Engineers  in  surveying  routes  for  a  Ca- 
nal from  Boston  Harbour  to  JVarragansett  Bay. 

.     February  26,    1829. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth,  to  the  several  persons 
appointed  as  "  a  Committee  to  attend  such  Engineers  as 
may  be  appointed  by  the  General  Government,  and  to 
point  out  to  them  the  various  routes  which  have  been  pro- 
posed for  the  purpose  of  uniting  the  waters  aforesaid," 
the  respective  sums  following  to  wit  : 

To  Minot  Thayer,  the  sum  of  one  hundred  dollars. 
To  Benjamin  Hobart,  the  sum  of  one  hundred  dollars, 
To  William  Mason,  the  sum  of  one  hundred  dollars. 
Which  said  several  sums  shall  be  in  full  for  all  claim  for 


THANKFUL  WADE,  AND  OTHERS.         129 

services  or  expenses,  under  the  order  of  the  two  branches 
of  the  L(<i;i!slature  by  which  they  were  appointed,  and  his 
Excellency  tlie  (governor,  by  and  with  the  advice  of  the 
Council,  is  hereby  authorized  and  requested  to  draw  iiis 
several  warrants  upon  the  Treasury  in  favor  of  the  said 
Minott  Thayer,  Benjamin  Hobart,  and  William  Mason,  for 
the  several  sums  aforesaid. 


^^i  ^fi'M 


CHAP.  LXXH. 

Resolve   07i   the   Petition    of  Thankful   Wade^  Jonathan 
D wight,  Junior^  and  Edmund  Dtvighf. 

Febuary  26,  1829. 

On  the  petition  of  Thankful  Wade,  of  Chester,  in  the 
County  of  Hampden,  Administratrix  of  William  Wade, 
late  of  said  Chester,  deceased,  Jonathan  Dvvi2;ht,  Jimior, 
of  Sprin^^jfield,  in  said  County,  and  Edmund  Dwii^ht,  of 
Boston,  in  the  County  of  Suffolk,  setting  forth,  that  the 
said  petitioners  were  partners  in  trade,  doiijt;  business  in 
said  Chester,  and  that  said  William  died  solely  seized  of 
certain  real  estate,  the  property  of  said  copaitnership,  and 
to  which  said  Jonathan  and  Edmund  were  entitled,  each 
to  one  fourth  part; — 

Resolved^  For  reasons  set  forth  )in  said  petition,  that 
the  said  Thankful  Wade,  be,  and  slie  hereby  is,  authori- 
zed, ly  proper  deeds,  to  convey  to  the  said  Jonathan 
Dwight,  Junior,  and  Edmund  Dwiglit,  their  heirs  and  as- 
sign:%  each,  one  fourth  part  of  tiie  following  described  es- 
tates, or  to  sell  and  convey  the  whole  interest  of  the  said 
William,  Jonathan  and  Edmund  therein,  as  she  ma}^  judoe 
for  the  interest  of  all  concerned  therein,  either  at  public 
or  private  sale,  viz  :  one  tract,  jjartl}-  in  said  Chester,  and 
partly  in  Norwich,  bounded  easterly,  on  private  land  of 
said  William,  northerly,  on  land  of  said  Wdliam  and  Plin 


130        THANKFUL  WADE,  AND  OTHERS. 

Day,  westerly,  on  the  road,  and  southerly,  on  a  ridge  of 
rocks,  witli  the  buildings  thereon,  containing  ten  acres, 
conveyed  to  said  William  by  John  Jackson;  one  tract  in 
the  second  division  of  lots  in  said  Chester,  being  the  north 
half  of  a  lot  of  one  hundred  and  fifty  five  acres,  the  whole 
of  which  is  bounded  as  follows,  beginning  at  the  south- 
east corner  of  Samuel  French's  fifty  acre  lot,  at  a  hem- 
lock and  stones,  thence  westerly,  on  said  Frenchs'  south 
line  1 10  rods,  thence  th(i  same  course,  by  other  lands,  thir- 
ty rods  to  a  stake  and  stones,  thence  south,  one  hundred 
and  seventy  and  a  half  rods,  to  land  of  Crewster  and  Silas 
Freeman,  Junior,  thence  east,  one  hundred  and  forty  rods 
to  the  west  line  of  tiie  Fobes  farm,  thence  south,  to  the 
first  bounds,  conveyed  to  said  Wade  by  Slierebiah  Butts; 
one  tract  in  said  Chester,  hounded  as  follows,  beginning 
at  a  stake  and  stones  on  the  road  from  Norwich  bridge  to 
Chester  meeting-house,  thence  west,  fifteen  degrees  south 
one  hundred  and  seven  rods,  thence  north,  ten  degrees 
west  sixty  rods,  to  land  of  Walkley  and  Leonard,  thence 
east,  on  said  Walkley  and  Leonarcl  to  said  road,  thence 
south,  on  said  road  to  tlie  first  bounds,  containing  thirty 
five  acres,  conveyed  to  said  Wade  by  Edmund  Dwight; 
one  tract  in  said  Chester,boiinded  souther]y,on  the  meeting- 
house lot  and  burying  ground,  easterly,  on  a  county  road, 
westerly  on  the  turnpike,  and  northerly,  running  to  a  point 
at  the  intersection  of  said  roads,  containing  half  an  acre 
of  land  with  the  buildings  thereon,  conveyed  to  said  Wade 
by  William  Dickinson  ;  one  tract  in  Blandford,  beginning 
at  a  birch  staddle  in  a  small  brook  near  the  eighth  Massa- 
chusetts Turnpike,  thence  west,  thirty  two  and  a  half  de- 
grees south  twelve  and  a  half  rods,  to  a  stake  and  stones, 
thence  south,  thirty  two  and  a  half  degrees,  east,  thirteen 
rods  to  a  stake  and  stones,  thence  east,  thirty  two-  and  a 
half  degrees  north,  twelve  and  a  half  rods  to  a  stake  and 
stones,  on  the  bank  near  said  turnpike,  thence  on  said 
turnpike  to  the  first  bounds,  containing  one  and  a  half 
acres,  with  the  buildings  thereon,  conveyed  to  said  Wade 
by  Abraham  Nutts;  also  an  old  potash  building  in  Bland- 
ford,  on  the  road  from  Falley's  ^  roads  to  Blandford 
meeting-house ;  also  a  tract  of  land  in  Norwich,  bounded 


THANKFUL  WADE,  AND  O  I  HERS.         13 1 

northerly,  on  private  land  of  said  Wade,  westerly  on  land 
of  Leonard  Williams,  southerly  on  the  County  road  to 
Northampton,  and  easterly,  on  the  highway,  containing 
half  an  acre,  with  the  buildings  thereon,  conveyed  to  said 
Wade  by  Walter  Bodurtha;  also  a  tract  in  said  Chester, 
bounded  westerly,  on  West  river,  northerly  on  Aaron 
Hunter,  east  and  south  on  land  formerly  William  Tiffany's, 
convened  to  said  Wade  by  Samuel  Phelps  ;  also  a  tract 
in  Russell,  containing  one  and  a  half  acres,  with  a  factor}', 
mills  and  house  thereon,  formerly  owned  by  John  Gould  : 
also  a  tract  in  said  Chester,  called  the  Fry  lot,  being 
woodland,  and  containing  thirty  three  acres;  also  a  tract 
in  said  Chester,  set  off  on  execution  against  Joseph  A. 
Rust,  bounde<l  as  follows,  viz.  beginning  at  the  northwest 
corner  of  said  Rust  Farm,  and  running  thence  east  ten 
degees  north,  thirteen  rods  and  twelve  and  a  half  links  to 
a  stake  and  stojies,  by  a  wall,  thence  south  seventeen  de- 
grees east  forty  one  and  a  half  rods  to  a  stake  and  stones, 
thence  west,  eighteen  degrees  south  fourteen  rods,  thence 
north,  twenty  eight  degrees  west,  four  rods  and  fifteen 
links,  thence  west,  twenty  eijdU  degrees  south  six  rods, 
thence  north,  eleven  degrees  west,  thirty  five  rols,  thence 
north,  fifteen  degrees  east  six  rods  to  the  first  bounds, 
containing  five  acres ;  and  the  said  Thankful  is  hereby  au- 
thorized and  empowered  to  convey  to  the  said  Jonathan 
and  Edmund,  or  either  of  them,  the  whole  of  such  portion 
of  said  lots  as  will  be  equivalent  in  value  to  the  interest 
of  them  or  either  of  them  in  said  copartnership:  Provi- 
ded,  the  said  Thankful,  before  sale  of  the  interest  which 
of  right  would  belong  to  the  estate  of  said  William  Wade 
therein,  as  such  partner,  shall  give  bond  with  sufficient 
surety  to  the  Judge  of  Probate  for  said  County  of  Hamp- 
den, conditioned  to  account  for  the  proceeds  thereof  in 
the  settlement  of  the  account  of  her  administration  on 
the  estate  of  said  William,  and  shall  also  account,  with  the 
said  Jonathan  and  Edmund,  for  the  proceeds  of  any  part 
of  Iheir  interest  therein  sold  in  pursuance  of  the  authori- 
ty herein  given. 


132      STAT.  OF  WASH.— BLIND  PERSONS. 


CILIP.  LXXIII. 

Resolve  respecting  the  Statue  of  JVashingfojt. 

February  27,  1829. 

Resolved,  That  his  Excellency  the  Governor,  with  the 
advice  of  Council,  be  authorized  and  requested  to  make 
such  repairs  of  the  walls  and  pavement  of  the  appendage 
to  the  State  Flouse  in  whicli  is  erected  the  Statue  of  Wash- 
inojtoii,  as  he  shall  deem  necessary,  and  to  draw  his  war- 
rant on  tlie  Treasurer  for  the  amoiant  of  the  expenditure 
in  such  repairs. 


CHAP.  LXXIV. 

Resolves  for  ascertaining  the  nitr/iher  of  Blind  Persons  in 
this  Commonwealth. 

February  28,  1829. 

Resolved,  That  the  Mayor  and  Aldermen  of  the  City  of 
Boston,  and  the  Sele('tmen  of  the  several  Towns  in  this 
Commonw^ealth,  be  directed  to  ascertain  and  report  to  the 
Secretary,  on  or  before  the  first  day  of  June  next,  the 
number  of  blind  persons  in  their  respective  towns,  their 
ages,  sex,  and  also  their  pecuniary  circumstances,  to  tiie 
end  that  the  Legislature  may  ascertain  how  far  it  is  expe- 
dient to  provide  for  their  instruction. 

Resolved,  That  the  Secretary  cause  an  attested  copy  of 
the  above  resolution  to  be  furnished  to  the  Mayor  and  Al- 
dermen of  the  City  of  Boston,  and  the  Selectmen  of  the 
several  Towns  of  this  Commonwealth,  on  or  before  the 
first  day  of  May  next. 


LAND  AGENTS.- JOHN  V.  LOW.  133 


CIIAP.  LXXV. 

Resolve  mi  the  Accounts  of  the  Land  Agents. 

February  28,  1829. 

Resolved,  That  George  W.  Coffin  and  Joseph  Sewall, 
Ksquires,  Assents  of  the  Commonwealth  for  selling  the 
Public  Lands  in  the  Slate  of  Maine,  and  also  for  the  gen- 
eral care  and  management  thereof,  be,  and  the}^  hereby 
are,  discharged  from  the  payment  of  the  sum  of  tuenty- 
eight  thousand  one  hundred  and  twenty-four  dollars  and 
ninety-eight  cents,  specified  in  their  account  presented  to 
the  Senate  on  the  2d  day  of  February,  instant.  And  the 
Governor,  with  the  advice  of  Council,  is  hereby  request- 
ed to  draw  his  warrant  in  favor  of  the  said  George  W. 
Coffin,  for  the  sum  of  twelve  dollars  and  thirty-three  cents 
in  full  balance  of  the  same  account. 


.iir/xxj 

CHAP.   LXXVL 

Resolve  for  paying  John  V.  Low. 

March  2,  1829. 

Resolved,  That  there  be  allowed  and  paid  from  this 
Treasury  of  this  Commonwealth  to  John  V.  Low,  Assist- 
ant Messenger  to  the  Governor  and  Council,  two  dollars 
per  day  for  each  and  every  day  he  has  been,  or  may  be, 
employed  in  that  capacity,  during  the  present  session  of 
the  Council  ;  and  His  Excellency  the  Governor,  with  the 
advice  of  Council,  is  authorized  and  requested  to  draw  his 
warrant  on  the  Treasury  accordingly. 
18 


134  RET.  OF  VOTES.— WM.  PERRY. 


CHAP.  LXXVIl. 

Resolve  relating  to  Returns  of  Votes  to  the  Office  of  the 
Secretary  of  the  Commonwealth. 

March  3,  1829. 

Resolved^  That  it  shall  be  the  duty  of  the  Secretary  of 
the  Commonwealth  to  report  to  the  Legislature,  at  each 
session,  the  names  of  all  towns,  the  returns  of  whose 
votes  shall  not  hereafter  be  duly  and  seasonably  made  to 
his  Office,  in  all  cases  in  which  such  returns  are  required 
by  the  Constitution  or  Laws  of  this  Commonwealth  ;  and 
to  state  the  time  and  manner  in  which  any  such  returns, 
made  unseasonably,  shall  have  been  received. 


CHAP.    LXXVHI. 

Resolve  on  the  Petition  of  Esther  JS'^ichols  and  others^ 
pray  in  f:^  that  William  Perry  be  authorized  to  establish 
the  boundary  line  of  the  estate  of  certain  minor  chil- 
dren of  Israel  JYichols,  late  of  Leominster ^  in  the  Coun- 
ty of  Worcester. 

Blarch  3,  1829. 

Resolved^  For  the  reasons  set  forth  in  said  Petition,  that 
William  Perry,  Esquire,  of  Leominster,  in  the  County  of 
Worcester,  be,  and  he  is  hereby  authorized,  upon  such 
terms  as  he  rnay  deem  equitable  and  just,  to  convey  the 
interest  and  title  of  the  said,  minors,  in  so  much  of  their 
real  estate,  on  the  west  side  of  the  north  branch  of  the 


JACOB  KUAN.— INDEX  TO  JOUR.  135 

river  Nashua,  in  said  Leominster,  as  may  be  necessary  to 
quiet  their  title,  and  establish  a  just  and  convenient  boun- 
tlary  line  between  said  premises  and  the  land  adjoining 
thereto,  owned  by  Jonas  Kendall  and  others  :  Provided, 
that  such  conveyance  be  made  with  the  approbation  of 
tliQ  Judge  of  Probate  for  the  County  of  VV^orcester. 
9ih  . 


CHAP.  LXXIX. 

Resolve  for  allowing  a  sum  of  money  to  Jacob  Kuhn. 

March  3,  1829. 

Resolved,  That  there  be  allowed  and  paid,  to  Jacob 
Kuhn  the  >:um  of  forty  dollars,  as  a  compensation  for  ar- 
ranging and  labelling  the  files  of  the  Senate  since  the 
3'ear  1822,  in  compliance  with  the  order  of  that  Board  of 
the  I3th  of  March,  1828,  and  that  His  Excellency  the 
Governor  be  requested  to  draw  his  warrant  on  the  Trea- 
sury for  the  same. 


CHAP.  LXXX. 

Resolve  to  pay  for  the  Indexes   to  the  Journals  of  the 

Senate. 

March  3,   1829. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth,  to  Paul  Willard,  Clerk 
of  the  Jienate,  for  his  labour  and  services  in  preparing 


136  CHAPLAINS. 

Indexes  to  the  Journals  of  the  Senate,  from  the  adoption 
of  the  Constitution,  and  also  a  general  Index  to  the  same, 
under  the  order  of  the  Senate  of  March  3,  1827,  four  dol- 
lars for  each  and  every  day,  during  which  he  has  been,  or 
shall  be,  actually  employed  in  said  service,  during  the  re- 
cesses of  the  Legislature  *  Provided,  that  the  aggregate 
amount  paid  to  the  said  Wi'.lard  shall  not  exceed  the 
amount  paid  to  Pelham  W.  Warren  for  preparing  Indexes 
to  the  Journals  of  the  House;  and  His  Excellency  the 
Governor,  with  advice  of  Council,  is  hereby  authorized 
to  draw  his  warrant  or  warrants  on  the  Treasury  accord- 
ingly. 


CHAP.  LXXXL 

Resolve  for  paying  the  Chaplains  of  the  two  Houses, 

March  3,  1829. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth,  to  Rev.  William  Jenks, 
Chaplain  of  tlie  Senate,  the  sum  of  seventy  dollars,  for 
his  services  the  present  political  year,  and  to  Rev.  Daniel 
Sharp,  Chaplain  of  the  House  of  Representatives,  the 
sum  of  fifty  dollars,  for  his  services  the  present  session 
of  the  General  Court  ;  and  that  His  Excellency  the  Gov- 
ernor be,  and  he  hereby  is,  authorized  to  draw  his  warrant 
on  the  Treasury  for  the  payment  of  the  sums  aforesaid. 


ROLL,  No.  100 JANUARY,  1829. 


The  Committee  on  Accounts  having  examined  the  sev- 
eral accounts  presented  to  them,  Report, 

That  there  is  due  to  the  several  Corporations  and  Per- 
sons hereafter  mentioned,  the  suras  set  to  their  names  re- 
spect! vel}^  which,  when  allowed  and  paid,  will  be  in  full 
discharge  of  the  said  accounts,  to  the  dates  therein  men- 
tioned ;  which  is  respectfully  submitted, 

By  order  of  said  Committee, 

JOHN  KEYES,  Chairman. 


PAUPER  ACCOUNTS. 


Attleborouijjh,  for  the  support  of  Thomas  Riley, 
Mary  Montjgomer}',  E.  M.  Montgomery,  Ann 
Bromley  and  her  children,  Samuel,  Mary,  Bet- 
sey, Eleanor  and  James,  to  January  1,  1829,        286  07 

Amesbury,  for  the  support  of  Robert  Barker  and 

Ann  Read,  to  January  2,  1829,  50  65 

Andover,  for  the  support  of  sundry  paupers,  to 

January  1,  1829,  211   30 

Ashburnham,  for  the  support  of  Mrs.  Stinegar, 
William  Stinegar  and  Hiram  Stinegar,  and  fu- 
neral cost  omitted  in  the  last  bill,  to  January 
19,  1829.  124  60 


138  PAUPER  ACCOUNTS. 

Adams,  for  the  support  of  Philena  Hill,  Jemmy 
Dersy  and  wife,  Robert  Harris,  Ebenezer  Lil- 
ley,  Sarah  Goodrich,  Uriah  Carpenter,  Sarah 
Dodge,  Molly  Dimon,  Agnes  Morris,  Doctor 
Carpenter  and  funeral  cost  to  February  1,  1829,     348  47 

Belchertown,  for  the  support  of  Armeida  Barden, 
Fidelia  Barden,  Hannah  Leavens,  and  Ellena 
Lucinda  McKee,  to  January  1,  1829.  64  60 

Billerica,  for  the  support  of  James  Dunn,  Thom- 
as Jones,  David  Cain,  to  January  12,  1829,  /i?   iT) 

Becket,  for  the  support  of  Elizabeth  Hamlin,  to 

January  2,  1829,  27  52 

Beverl}',  for  the  support  of  Dolly  Claxton,  Ira 
Hammond,  Jacob  Wheeler,  Lemuel  Ham- 
mond, Richard  Dorain,  Catharine  Dorain,  Na- 
thaniel Winslow,  and  John  Kell}',  to  January 
I,   1829,  43   37 

Bradford,  for  the  support  of  Eliza  Brown,  to  Oc- 
tober 16,  1828,  13  50 

Berkley,  for  the  support  of  Jacob  Toney,  John 

Polly  don  Bowers,  to  January  1,  1829,  70  20 

Burlington,  for  the  support  of  John  A.  Parker, 
Thomas  Hard  man  and  funeral  cost,  to  January 
25,  1829,  62  60 

Bridgwater,  for  the  support  of  John  Chestnut 
and  his  wife,  and  Joanna  F.  Bigmi,  to  January 
24,  1829.  89   10 

Braintree,  for  the  support  of  Titus,  a  coloured 
man,  Christopher  Joseph,  Ann  Gowith  and 
their  children,  Joseph,  Mary  Ann,  and  Ann 
Maria,  to  January  1,  1829,  218  40 

Barre,  for  the  supportof  Dinah  Barker,  and  James 

Davis,  Jun.  to  January  26,  1829,  47  60 

Boston,   City    of,   for   the  support  of    Juvenile 
Offenders,   to   December     31,     1828,    inclu- 
sive, $383  50 
For  the  support  of  Paupers  to  same 

date,  1219  02 

For  the  House  of  Industry  to  same 

date,  4986  99  6589  51 


PAUPER  ACCOUNTS.  139 

Brimfieki,  for  the  support  of  Thomas  Corban, 
John  Shelburn  and  James  Hunter,  to  January 
28,  1829,  91   80 

Brighton,  for  the  support  of  John  T.  Baker,  to 

January  7,  1829,  46  80 

County  of  Essex,  for  the  support  of  sundry 
Paupers  in  the  House  of  Correction,  to  Octo- 
ber 14,  1828,  821   83 

County  of  Norfolk,  for  the  support  of  sundry 
Paupers  in  the  House  of  Correction  to  De- 
cember 2(3,   1828,  153  42 

Coleraine,  for  the  support  of  sundry  Paupers,  to 

January  5,  1829,  293  70 

Concord,  for  the  support  of  Jane  Niiihtin^ale 
and  funeral  cost,  Daniel  Bishop  and  funeral 
co5t,  to  January  1,  J  829,  20  64 

Chesterfield,  for  the  support  of  Sarah  Polly  and 

funeral  cost,  to  January  1.  1829,  45  05 

Conwa}^  for  the  support  of  Sally  McMurphy, 
Martha  McMurphy,  and  funeral  cost,  Hannah 
Hall  and  Enoch  Grover  and  funeral  cost,  to 
January  1,   1829,  90  48 

Cheshire,  for  the  support  of  Ephriam  Richard- 
son, Noel  Randall,  Polly  Cooper,  and  Silas 
Hunt,  to  January  9,  1829,  95  40 

Charlestown,  for  the  support  of  sundry  Paupers, 

to  January  13,  1829,  2829  24 

Canton,  for  the  support  of  Hannah  Buckley,  to 

January  22,  1829,  36  90 

Cambridge,  for  the  support  of  sundry  Paupers,  to 

January  26,  1829,  2431  61 

Duxbury,  for  the  support  of  Lydia  Dow,  to  Jan- 
uary 12,  1829,  46  80 

Dalton,  for  the  support  of  Charles  McKee,  and 

Ricl^ard  Horn,  to  May  5,  1828,  35   16 

Dracut,  for  the  support  of  Moses  Freeman 
Knowles.  Lucy  Hadley  and  three  children,  to 
January  10,  1829,  122  47 

Deerfiehl,  for  the  support  of  Dolly  Roberts,  Dan- 
iel Ellis,  Lovina  Wetherell,  Prince  Manuel  and 


140  PAUPER  ACCOUNTS. 

James  Cook,  and   funeral  for  D.  Roberts,  to 
January  1,  1829,  172  02 

Dighton,  for  the  support  of  Mollv  Fisk,  to  Jan- 
uary 1,  1829.       '  "  46  80 

Danvers,  for  the  support  of  John  Fitzgerald, 
Owen  Mellen,  Caesar  Wilcox,  James  Wallace, 
Ruth  Parsons,  Morris  Foley,  John  Henly, 
Thomas  Littlewood,  Catharine  Marshall,  Mary, 
Agnes,  John  and  William,  cliildren  of  TImmas 
and  Catharine  Marshall,  John  Webber,  John 
Kierman,  Ann  M.  Francis,  John  Dour3%  Brien 
McLauijhlin,  and  Duniel  Coval,  to  January 
28,  1829,       '  303  36 

Dudley,  for  the  support  of  AUsbury  Reynolds, 
Sarah  Reynolds,  and  William  Sloam,  to  Jan- 
uary 27,  i829,  80  50 

Egremont,  for  the  support  of  Benjamin  Dale}^, 
Betsey  Daley,  Reuben  Vanquilder,  Isaac  Free- 
man, Harriet  Kline,  Albert  Kline,  Nancy  and 
William  Race,  to  Januar}^  14,  1829,  and  for  an 
error  in  the  account  of  1828,  303   17 

Eastham  for  the  support  of  Benjamin   F.  John-  '-  ' 

son,  to  January  1,  1829,  46  8b^ 

East   Bridgwater,   for  the    support    of  Liicinda^i.'-'''^ 
Nero     and    child,    Betsy     Chase,    Nathaniel 
Sumner,    Elisha    Stevens   and  Meribah   Wil- 
liams, to  January  17,  1829,  216  84 

Essex,  for  the  support  of  Samuel  Coleman,  to 

November  26,  1828,  23  40 

Freetown  for  the  support  of  an  Indian,  Abigail, 

and  Hannah  her  child  to  January  22,  1829^  60  29 

Fairhaven  for  the  support  of  Akus  Sisson,  John 
Bissemore,  Philip  VVing,  Sarah  Carr,  and  John 
Carr,  a  child,  to  January  i,  1829,  258  98 

Foxborou<>;h  for  the  sup{)ort  of  Nancy  Bartlett, 

and  Sally  Donaldson,  to  January  6,  1829,  21    14 

Falmouth  for  the  support  of  Kdward  Edwards,  to 

January  19,  1829,  46  80 

Framingham  for  the  support  of  Allick  Taylor^ 
Daniel  Campbell  and  Julia  Blake,  to  Januarv 
9,  1829,  '         84  35 


PAUPEIl  ACCOUNTS.  141 

Gloucester  for  the  support  of  sundry  Paupers,  to 

January  12,  1829,  476  80 

Greenfield  for  the  support  of  Olive  Bates'  child, 

to  January  1,  1829,  26  00 

Great  Barrington,  for  the  support  of  Isaac  Hoose, 
Mary  Hoose,  Joanna  Porter,  Lucy  Porter,  and 
Temperance  Sears^  and  funeral  cost  of  Betsey 
Dodge,  to  January  7,  1829,  149  90 

Granville  for  the  support  of  Samuel  Gallup,  and 

Sally  Stewart,  to  January  3,  1829,  Sf)  80 

Groton  for  the  support  of  Richard  Benton,  Eunice 
Benstrardt,  Mary  Rolf  and  Sarah  Conn,  to  Jan- 
uary 10,  1829,  158  40 

Grafton  for  the  support  of  Joseph  Philips,  Sarah 
Philips,  2d.  Stephen  Philips,  and  Francis  L. 
Whitaker,  to  January  27,  1829,  62  50 

Hancock  for  the  support  of  Silas  Shipman  and 
his  wife,  Israel  Clark,  and  John  H.  Norton,  to 
January  5,  1829,  101   48 

Haverhill  for  the  support  of  sundry  Paupers,  to 

January  5,  1829,  '  26  28 

Hadley  for  the  support  of  Reuben  Allen,  to  Jan- 
uary J,  1829,  46  80 

Hanson  for  the  support  of  Elizabeth  Jore,  to  Jan- 
uary 1,  1829,  30  68 

Hingham  for  the  support  of  John    Despare,   to 

November  29,  1828,  22  49 

Ipswich  for  the  support  of  John  O.  Brien,  Thos. 
Powers,  and  Michael  O.  Neal  and  funeral  cost, 
to  February  1,  1829,  78  80 

Kingston  for  the  support  of  Sophia  Holmes,  to 

December  12,  1828,  46  80 

Lee  for  the  support  of  Sarah  Ross,  Rebecca  Wil- 
son, Sidney  and  John  McKey,  Cornelius  Post, 
John  Summers  and  wife,  to  January  6,  1829,         80  06 

Lanesborough  for  the  support  of  sundry  Paupers, 

to  January  6,  1829,  320   10 

Lenox  for  the  support  of  sundry  Paupers,  to  Jan- 
uary 5,  1829,  223  50 
19 


112  PAUPER  ACCOUNTS. 

Ludlow  for  the  support  of  Harvey  Olds,  and  Orra 

Bube,  to  December  31,  1828,  63  81 

Leyden  for  the  support  of  Arnold  Clark,  Tacy 
Fuller,  Hannali  Cole,  Riitli  Abel,  and  Joseph 
Abel,  to  January  6  &  7,  182Q,  191  45 

Leveret,  for  the  support  of  John  Ganzy,  to  Jan- 
uary 1,  1829,  46  80 

Leicester,  for  the  support  of  sundry  Paupers,  to 

January  1,  1829,  350  00 

Lunenburg,  for  the  support  of  William  Shearer, 

to  March  22,  1828,  53  36 

Longmeadow,  for  the  support  of  Dorcas  Coville, 
James  liall,  William  Cornill  and  funeral  cost, 
to  January  1,  1829,  62  60 

Lynn,  for  the  support  of  John  Battes,  Francis  M. 
Henry,  Eliza,  Ann,  James,  John  and  Robert 

0.  Neal,  Ann  and  John  Farrell,  to  February 

1,  1829,  135  00 
Lowell,  for  the  support  of  Thomas  Hart,  Moses 

B.  Gibart,  Florence  McCarty,  Martha  Harvey, 
Susan  Eaton  and  Thomas  Harris,  to  Decem- 
ber 5,  1828,  31   34 

Montgomery,  for  the  support  of  Willard  Con- 
verse, to  January  1,   1829,  27  52 

Millbury,  for  the  support  of  Philip  Condey,  Mar- 
tin and  Isaac  Flood,  to  May  26,  1828,"  28  80 

Methuen,  for  the   support  of  William  Richards 

and  Mary  Ann  Richards,  to  January   1,   1829,       83  00 

Medford,  for  the  support  of  Dorothy  Lyman, 
Thomas  Payzart,  Robert  Wheeler  and  wife, 
William  White  and  John  Rodo;ers,  to  January 
1,  1829,  "  92  20 

Medfield,  for  the  support  of  George   Turner,  to 

November  25,  1828,  46  80 

Milton,  for  the  support  of  Archibald  McDonald, 
James  Bowman,  John  J.  Meyer,  George  Ham- 
ilton, Hannah  Cunningham,  to  February  2, 
1829,  '  107   10 

Monson,  for  the  support  of  Mary  Allen,  Flora 
Story,  Roxana  Wallis,  Dickinson  Wallis,  Ben- 


187 

89 

-H 

113 

03 

419 

40 

558 

69 

742 

35 

73 

80 

4G 

80 

PAUPER  ACCOUNTS.  143 

jarain  Wallis,  Elizabeth  Whittier  and  five  chil-  ,'n/l1 

dren,  viz:  Samuel,  Heni'}',  George,  Maiy  and 
Caroline,  to  January  1,  1829, 

Middleborougli,  for  the  support  of  sundry  Pau- 
pers, to  Januar}^  17,  1829, 

Nantucket,  for  the  support  of  sundr}'  Paupers, 
to  Januarj^  1,  1829, 

Northampton,  for  the  support  of  sundry  Paupers, 
to  January  1,  1829, 

Newbury,  for  the  support  of  sundry  Paupers, 
from  June  1,  1828,  to  January  I,   1829, 

New  Ashford,  for  the  support  of  Patience  Miles, 
to  December  29,  1828, 

Nortliborough,  for  the  support  of  Jacob  West, 
to  January  1,  1829, 

Norton,  for  the  support  of  Nancy  Barton,  to  Jan- 
uary 10,  1829,  35   10 

Norwich,  for  the   support  of  Ruth   Sanford,  to 
January  15,  1829, 

Newburyport,  for  the  support  of  sundry  Pau- 
pers, to  Januar}"^  1,  1829, 

New  Braintree,  for  the  support  of  Mary  Rogers, 
to  January  3,  1829, 

North  Bridgwater,  for  the  support  of  James 
Dorrin  and  William  Lewis,  to  January  10, 
1829, 

North  Brookfield,  for  the  support  of  Esther 
Johnson,  to  January  12,  1829, 

Overseers  of  Marshpee  Indians,  to  January  11, 
1 829, 

Otis,  for  the  support  of  sundry  Paupers,  to  Jan- 
uary 1,  1829,  ' 

Paxton,  for  the  support  of  William  Fisk,  to  Jan- 
uary, 13,    1829, 

Pelham,  for  the  support  of  William   Banks   and 

Harriet  Whipple,  to  December  24,  1828,    o)  .r(o);32  GO 

Phillipston,  for  the  support  of  Abraham   Scholl,'   '' 

to  January  1,  1829,  46  80 

Pembroke,  for  the  support  of  Rhoda  Prince  and         \uitir^ 
Mary  Gifford,  to  January  23,  1829,  62  ^17 


46 

80 

831 

77 

46 

80 

72 

80 

29 

70 

526 

80 

,69. 
122 

.68 
L 
40 

144  PAUPER  ACCOUNTS. 

Plymouth,  for  the  support  of  John  M.  Roap,  John 
Worthing,  James  Read.  Thomas  M.  Smithson, 
to  February  2,  1829,     '  103  36 

Richmond,  for  the  support  of  Uriah  Fuller,  Sam- 
uel Hill,  Nancy  Jessup,  Martha  Hagar,  Susan 
Darling,  Amos  Darling,  and  Sarah  Ann  Dar- 
ling, to  January  12,  1829,  170  50 

Rojalston,  for  the   support  of  Olive  Clements, 

to  January  13,  1829,  46  80 

Rochester,  for  the  support  of  Edward  B.  San- 
ford,  and  wife,  and  children,  viz  :  Alfred,  Amos, 
Charles  and  Edward,  to  January  1,  1829,  197  OO 

Rowley,  for  the  support  of  sundiy   Paupers,  to 

January  6,  1829,  221   25 

Rowe,  for  the  support  of  Betsey  Carpenter,  Pa- 
tience Carpenter,  Almira  Wilcox,  Mary  Wil- 
cox and  Noah  Wilcox,  to  January  3,  1829,  89  90 

Roxburj',  for  the  support  of  sundry  Pauper;?,  to 

January  3,  1829,  339  72 

Robinson,  William,  for  tiie  Dudley   Indians,  to 

May  27,  1828,  105  63 

Rehoboth,  for  the  support  of  Aaron  Freeman, 
Lucy  Kelly,  John  Kell}^  Rosana  Freeman,  Jo- 
seph Austin,  Catharine  Jackson,  John  Hop- 
kins and  Nancy  Greene,  to  December  30,  1828,     209  51 

Sheffield,  for  the  support  of  sundry  Paupers,  to 
January  8,  1829,  232  80 

Seekonk,  for  the  support  of  William  Greene, 
Elizabeth  Cowden,  Hannah  Robbins,  Susan- 
nah Mattison  and  Reuben  Frost,  to  January 
2,  1829,  197  09 

Sutton,  for  the  support  of  James   Norburv,  to 

January  7,  1829,  "  46  80 

Saugus,  for  the  support  of  Susan  Walton,  Rox- 
ana  Walton,  Graty  G.  Walton,  and  Hannah 
Walton,  to  January  12,  1829,  33  60 

Sandisfield,  for  the  support  of  Richard  Dickson 

and  Phillis  his  wife,  to  January  3,  1829,  57  (iO 

Sturbridge,  for  tlie  silpport  of  Anna  Stedman, 
Christian    Williams    and   child,    and    Joshua 


PAUPER  ACCOUNTS.  145 

Buckinhaiu   and   funeral  cost,  to  January   1, 

1829,  72  72 

Stockbridge,  for  the  support  of  Abraham  Par- 
mela,  i^Jarijery  Ciu'tis,  Dinali  Ellery,  William 
Porter,  Martha  Doud  and  Samuel  Rathbone, 
to  December  J,  1828,  171  40 

Salem,   for  the   support  of  sundrj-   Paupers,  to 

December  31,  1828,  1421    19 

Somerset,  for  the  support  of  Ruth  and  Polly 
Dill,  Ann  McGivens  and  three  children,  viz  : 
Aim,  Thomas  and  Alice,  to  January   3,    1829,     218  40 

Southampton,  for  the  support  of  John  Cockran, 
Timothy  Fisk,  Charles  Patrick  Quintan,  to 
January    1,   1829,  44  10 

Stoughton,  for  the  support  of  Isaac  Williams,  Jr. 

and  Michael  Myron,  to  January  8,  1829,  93  60 

South  Hadley,  for  the  support   of  Elizabeth  and 

Cordelia  Benjamin,  to  December  13,  1828,  9  80 

Shewsbury,  for  tiie  support  of  William  Kerr  and 

funeral  cost,  to  January  G,  1829,  10  53 

Springfield,  for  the  support  of  sundry  Paupers, 

to  January  1,  1829,  253  52 

Shutesbur}',  for  the  support  of  Peter  Jackson 
and  wife,  and  Sarah  Finmore  and  children,  to 
January  2,  1829,  199  20 

Shelburn,  for  the  support   of  Mar}'   Bates   and 

Elizabeth  Bates,  to  January  14,   1829,  46  60 

Sharon,  for  the  support  of  Edward  Ellis,  Eliza- 
beth Ellis,  and  Susannah  Rider,  to  January 
21,    1829,  97  20 

Sandwich,  for  the  support  of  Hannah  Griffin,  to 
January  14,  1829,  and  Fillis  Loring,  to  Janua- 
ry 25,  1829,  and  Partrick  Powers  and  Jeremi- 
ah Dean,  to  same  date,  146  03 

Spencer,  for  the  support  of  MilinzasTheophilus, 
Eleanor  Freeman  and  Susanna  Cowland,  to 
January  16,  1829,  124  80 

Swanzey,  for  the  support  of  Martha  Dousnips, 
Thomas  McCarter  and  his  wife  Inde,  and  Su- 
sannah, an  Indian,  to  February  1,  1829,  129  60 


146  PAUPER  ACCOUNTS. 

Townsend  for  the  support  of  Miranda  Jackson, 
Samuel  13.  Jackson,  Henry  Jackson,  children  of 
Margaret  Jackson,  to  January  1,  1829,  45  84 

Taunton.for  the  support  of  sundry  Paupers,  to 

January  1,  1829,  2r)9  06 

Tisbury  for  the  support  of  Ela  Marks    and    her 

child  to  xViay  16,  1828,  16  80 

Tj^ringham  for  the  support  of  Richard  Gardner 
and  wife,  Asa  Thompson,  Elizabeth  Hicks, 
Samuel  Humphrey,  Hannafj  Ayers,  Martha 
Rogers,  Rebecca  and  Olive  Porter,  and  Jona- 
than Porter,  from  January  7,  1827,  to  January 
7,  1829,  549  22 

Upton  for  the  support  of  John  Brown  and  fune- 
ral cost,  to  August  10,  1828,  34  70 

West  Newbury  for  the  support  of  sundry  Pau- 
pers, to  January  1,  1829,  169  42 

Washington  for  the  support  of  James  Lamb,  Ol- 
ive Clark  and  two  children,  James  Robbins  and 
Nancy  Robbins,  to  January  1,  1829,  132  40 

West  Bridgwater   for   the    support    of  Thomas 

Quindley  to  January  1,  1829,  46  80 

Western  for  the  support  of  Thomas  Humphrey 
and  wife,  and  Cyrus  Humphre}',  and  funeral 
cost  for  said  Thomas,  to  August  19,  1828,  34  35 

West  S[)ringfield  for  the  support  of  Hannah  and 
Louis  Shevo}",  Laura  Cliapin,  and  Rodney 
Benedict,  to  January  3,  1829,  "        98  99 

Williamstown  for  the  support  of  sundry  paupers, 

to  January  2,  1829,  263  79 

Windsor  for  the   support  of  Robert  Burgess,  to 

January  1,  1829,  33  43 

West  Hampton  for  the  support  of  Mary  Ann  Sher- 
man, Filia  Sherman,  Jane  Gay,  Harry  Miller 
and  funeral  cost,  Sylvia  Miller  and  John  Cock- 
rane,  to  January  1,  1829,  118   13 

Westford,for  the  support  of  Ephraim  Spaulding,to 

January  8,  1829  and  funeral  cost  of  Sarah  (/Om,       51   80 

Winchendon  for  the  support  of  Richard  Furlong, 

to  January  2,  1829,  and  funeral  cost,  49  00 


PRINTERS'  &  MISCEL.  ACCOUNTS.         147 

Walpole  for  the  supy)ort  of  James    Cotteral,  to  r 

December  29,  18-28,  18  00 

West  Stockbriclge  for  the  support  of  sundry  Pau- 
pers to  Januar}'  !,  1829,  207  47 

Westfield  for  the  support  of  John  N.  Berr}',  Es-  f 

ther  Berry,  Asceneth  Gil)son,  Mary  Parks,  Ma- 
ry Ann  Baker,  Aaron  Bun-,  George  Gibson, 
Robert  Livingston,  Hepzebah  Brewer,  and 
John  Butter  to  January  1,  1829,  and  funeral 
charo;es  for  two  paupers,  236  45 

Warwick  for  the  support  of  J.  C.  Miller,  to  Jan- 
uary 26,  1829,  50  00 

Wenham  for  the  support  of  Pomp..^y   Porter  to 

January  1,  1829,  46  80 

Watertown  for  the  support  of  Samuel  Latch,  Ma- 
ry Latch,  Wm.  Deley,  ilcniy  Boom,  Tliomas 
Powers,  Patrick  Dowa,  Gilbert  Kirker.Rosana 
Kirker  and  four  children,  and  Sally  Ellis,  and 
funeral  cost,  to  January  31,  1829,  179  08 

Yarmouth  for  the  support  of  James  Wall,  Thomas 

Peters,  and  Black  Bets,  to  January  2,  1829,  91  80 


PRLNTERS'  AND  MISCELLANEOUS  ACCOUNTS. 

JANUARY,     1829. 

Allen,  Phineas,  for  publishing  laws,  <^c.  to  Janua- 
ry 3,  1829,  16  67 

Allen,  E.  W.  for  printing  laws,  to  August  1,  1828,       16  66 

Adams,  W^m.  &  iJo  for  repairs  about  State  House, 

to  January  27,  1829,  47  65  / 

Burditt,  James  W.  for  Stationary,  to  January  29, 

1829,  "  24P,  83 

Ballard  and  Prince,  for  furniture  for  State  House,        ,i,!..cj 
to  Dec.  26,  1828,  68  ^1 

Blaney,  Henr}',  for  work  about   State  House,   to 

January  26,  1829,  182  57 

Boston  for  repairs  to  Rainsford  Island,  to  January 

12,  1829,  "      172  19 


148        PRINTERS'  &  MISCEL.  ACCOUNTS. 

tJradlee,  Samuel,  for  repairs  of  State  House,  to 

January  6,  1«29,  21   80 

Carter,  Andre WvS  &  Co.  for  printing  laws,  to  Jan- 
uary I,  1828,  '  16  66 

Danforth  and  Thurber,  for  printing  laws,  to  Jan- 
uary I,  1829,  33  33 

Denny,  Austin,    for   printing  laws,  to    May  31, 

1828,  16  67 

Dutton  &  Wentworth,  for  printing  1000  co})ies 
of  Report  of  Directors  of  Internal  Improve- 
ment, to  June  12,  1828,  20  00 

Farmer  &  Brown,  for  printing  laws,  to  January 

1,  1829,  16  67 

Gore  &  Baker,  for  repairs,  &c.  to  State  House,  to 

May  20,  1828,  22  20 

Goodrich,  I.  W.  for  stationary  to  January  1,  1829,       58  87 

Griffin  &  Morrill,  for  printing  laws   to  June    15, 

1828,  16  67 
Hilliard,  Gray  &  Co.  for  blank  book,  27  50 
Hancock,  William  for  repairs  to  State  House   to 

December  8,  1828,  26  32 

Judd,  Sylvester  Jr.  for  printing  laws  to  May  28, 

1829,  '  16  67 
Loring,  James  for  Registers  to  January  2,  1829,  10  00 
Mann,  J.  &  W.  H.  for  printing  laws,  to  January 

1,  1829,  16  67 

Oliver,  John,  Island  keeper  for  Rainsford  Island, 
including  ten  cords  wood,  at  SCO  to  January 

I,  1829,"  104  44 
Parrott,  Wm.  W.  for  settling  with   Treasurer   of 

the  Commonwealth  to  June  30,    1828,  14  00 

Phelps  &  Clark,  for  printing  laws  to  January    1, 

1829,  16  67 

Russell,  Benjamin,  for  printing  laws  &c.  to  June 

II,  1828,  and  for  newspapers  and  advertising,  62  91 
Rantoul,  Robert,  for  settling  with  the  Treasurer 

of  the  Commonwealth  to  June  30,  1H28,  14  00 

Shute,  John  B.  for  printing  laws   to  November 

1,  1827,  16  67 

Strong,  Henry  K.  for  printing  laws  to  January 

16,  1829,  *         16  66 


SHERIFFS'  AND  CORONERS'  ACCOUNTS.  149 

Savage,  James,  for  ssttling  with  the  Treasurer 

of  the  Common wealtli  to  June  30,  1828,  14  00 

Snellincr,  Enoch  W.  for  repairs  about  State  House 

to  January  20,  1829,  72  dl 

Tannett,  A.  G.  &  Co.  for  printing  laws   to  May 

I,  1828,  33  34 

Thornton,  John,  for  printing  laws  to  January   1, 

1829,  '  16  b6 

Tufts,  Turrell,  for  settling  with  the  Treasurer  of 

the  Commonwealth  to  June  30,    1828,  14  00 

Thaver,  A.  W-  for  printing   laws  to  January   1, 

1829,  "  16  67 

Warren  &  Wilsor,  to  printing  laws  to  Novem- 
ber, 1828,  16  67 

Wheeler,  John  H.   for  repairs  about  the   State 

House,  to  January  30,  1829,  159  42 


SHERIFFS'  AND  CORONERS'  ACCOUNTS. 

JANUARY,  1829. 

Bowen,  Nathan,  Coroner,  for  fees  of  Inquisition, 

to  January  1,1829.  12  40 

Cottle,  James,  Coroner,  for  fees  of  Inquisition  to 

December  29,  1828,  12  40 

Crocker,  David,  for  returning  votes  to  January 

1,  1829,  23   10 

Folger,  Peleg,  Coroner,  for  i'ees  of  Inquisition 

to  January  1,  1829,  37  20 

Foote,  Enocli,  Coroner,  for  fees  of  Inquisition  to 

January  1,  1829,  7  40 

Gardner,  Israel,  Coroner,  for  fees  of  Inquisition 

to  December  6,  1828,  12  40 

Gardner,  Uriah,  for  returning  votes  to  January 

1,  1829,  10  80 

Hoyt,  Epaphras,  for  returning  votes  to  January 

1,  1829,  25  00 

Leonard,  Horatio,  for  returning  votes  to  January 

1,  1829,  13  20 

20 


i  D(f  MILITARY  ACCOUNTS. 

Lj'man,  Joseph,  for  returning  votes  to  January 

1,1829,  33  00 

Metcalf,  Eliab  W.  Coroner,  for  fees   of  Inquisi- 
tion to  November  1,  1828,  22  20 

Pease,  Peter,  Jr.  Coroner,  for  fees  of  Inquisition 

to  November  28,  1828,  11  40 

Page,  Edmund,  Coroner,  for  fees  of  Inquisition 

to  January  1,1829,  16  CO 

Pease,  Josiah  D.  for  returning  votes  to  January 

1,  1829,  25  00 

Shears,  Edwin,  Coroner,  for  fees  of  Inquisition 

to  December  25,  1828,  17  30 

Sumner,  C.  P.  for  sundry  services  to  Januarv  1, 

1829,  13  16 

Wade,  W.  Foster,  Coroner,  for  fees   of  Inquisi- 
tion to  January  2,  1829,  7  40 

Whitman,  Levi  F.  Coroner,  for  fees  of  Inquisi- 
tion to  January  12,  1829,  12  40 

Willard,  Calvin,  for  returning  votes  to  January 

1,  1829,  13  86 

Young,  Asa,  Coroner,  for  fees  of  Inquisition  to 

December  25,  1828,  21  80 


MILITARY  ACCOUNTS. 


JANUARY, 

182». 

Hauling  Artillery. 

Joseph  B.  Toule, 

10  80 

Thomas  M.  Field, 

11  00 

George  W.  Saunders, 

20  00 

Charles  Hearsey, 

30  00 

Paul  Hildreth, 

10  50 

Jeremiah  P.  Fowler, 

13  00 

Henry  Haskell, 

5  00 

William  Haskell, 

10  00 

Timothy  Brown, 

10  00 

Enoch  Pierce, 

22  50 

Reuben  Frye, 

32  00 

MILITARY  ACCOUNTS. 


151 


Simeon  Southwick, 
Martin  Wilder, 
Phillip  Russell, 
John  Boynton, 
Simeon  Jefts, 
George  Gardner, 
George  Washburn, 
Frederick  Fowler,  Jr. 
David  P.  King, 
George  Shepherd, 
Harvej'  Torrey, 
Elias  W.  Pratt, 
Nathaniel  Shaw, 
Simeon  Blandin, 
David  Sylvester, 
Alpheus  White, 
Seneca  Colbourn, 
George  Turner, 


^ids  de  Camp. 
to  December 


31, 


1828, 


Seth   B.   Thayer, 
Nathan  Brown, 
Samuel  Etheridge, 
Edward  Dickinson, 
Aaron  Brooks,  Jun. 
William  A.  F.  Sproat, 


Brigade  Majors. 
Seth  F.  Thayer,  to  July  14,  1828, 
Frederick  W.  Lincoln,  to  Dec.  31,  1828, 
George  W.  Adams,  to  Dec.  31,  1828, 
Jabez  W.  Barton,  to  Dec.  31,  1828, 
Alanson  Clark,  to  Dec.  31,  1828, 
Sylvanus  Hatch,  Jun.  to  Dec.  31,  1828, 
Otis  Adams,  to  Dec.  31,  1828, 
William  A.  F.  Sproat,  to  March  1,  1828, 
George  B.  At  wood,  to  Dec.  31,  1828, 


30  00 
12  00 
17  85 
25  00 

12  00 

13  CO 
15  00 


11 

9 

11 


25 
50 
50 


15  00 

30  50 
20  50 

27  50 

49  75 
20  00 
10  00 

6  50 

511~65 

28  47 
25  00 

50  00 
25  00 
25  00 

20  83 

174  30 

21  55 
40  00 
20  00 
40  00 
40  00 
40  00 
40  00 

6  66 

31  89 

280  10 


IS2  MILITARY  ACCOUNTS. 

Adjtdants. 

Jonathan  VV^eld,  Jr.  to  Se{)t.  12,  1827, 
Stephen  Hall,  to  Dec.  31,  1828, 
Josiah  N.  Bird,  to  Dec.  31,  1828, 
Stephen  Westcott,  to  Dec.  31,  1828, 
Stephen  Sandford,  to  Dec.  31,  1828, 
Sumner  Crosby,  to  Dec.  31,  1828, 
Daniel  W.  Roarers,  to  Dec.  31,  1828, 
Andrew  Mansfield,  Jr.  to  Dec.  31,  1828, 
Oliver  Whipple,  to  Dec.  31,  1828, 
Joseph  P.  Turner,  to  Dec.  31,  1828, 
Stephen  Adams,  Jr.  to  Dec.  31,  1828, 
Nathaniel  J.  Lord,  to  Dec.  31,  1828, 
Reuben  Evans,  to  Dec.  31,  1828, 
John  Davis,  to  Dec.  31,  1828, 
Joseph  Hooper,  Jr.  to  Dec.  31,  1828, 
William  Flanders,  to  Dec.  31,  1828, 
Joseph  Meriam,  Jr.  to  Dec.  31,  1828, 
Josiah  Clark,  to  Dec.  31,  1828, 
iFrancis  Conant,  to  Dec.  31,  1828, 
Charles  Howard,  to  Dec.  31,  1828, 
Samuel  Reynolds,  to  Dec.  31,  1828, 
James  B.  Porter,  to  Dec.  31,  1828, 
John  K.  Henry,  to  May  30,  1828, 
Julius  Ward,  to  Dec.  31,  1828, 
George  B.  Woods,  to  Dec.  31,  1828, 
Wm.  W.  Partridge,  to  March  1,  1827, 
Elihu  C.  Hunt,  to  Dec.  31,  1828, 
John  I.  Graves,  to  Dec.  31,  1828, 
Horatio  N,  Ward,  to  Dec.  31,  1828, 
Lucius  Graham,  to  Dec.  31,  1828, 
Joseph  Tyler,  to  Dec.  31,  1828, 
William  Brown,  to  Dec.  31,  1828, 
Ezra  W.  Sampson,  to  Dec.  31,  1828, 
Enoch  Train,  to  Dec.  31,  1828, 
William  Tidd,  to  Dec.  31,  1828, 
Spencer  Gloyd,  to  Dec.  31,  1828, 
Arad  Thompson,  to  Dec,  31,  1828, 
Thomas  E.  Gage,  to  Dec.  31,  1828, 
feleg  Seabury,  to  Dec.  31,  1828, 


17 

50 

15 

00 

'48 

46 

46 

54 

25 

00 

25 

00 

25 

00 

25 

00 

15 

00 

15 

00 

25 

00 

25 

00 

25 

00 

25 

00 

12 

07 

15 

00 

16 

66 

25 

00 

25 

CO 

25 

00 

25 

00 

25 

00 

10 

42 

25 

00 

25 

00 

4 

17 

45 

83 

25 

00 

25 

00 

25 

00 

25 

00 

25 

00 

25 

00 

25 

00 

25 

oc 

25 

0( 

25 

0( 

25 

0( 

11 

5: 

RESOLVE.  153 


William  Ide,  to  June  1,  1828, 
Theodore  Keen,  to  Dec.  31,  1828, 
Dan  Hill,  to  Dec.  31,  1828, 
Israel  Putnam,  Jr.  to  Dec.  31,  1828, 
Ebenezer  Frost,  to  April  4,  1828, 
Carter  Gates,  to  Dec.  31,  1828, 
Edmund  H.  Nichols,  to  Dec.  31,  1828, 
Edmund  Bush,  to  Dec.  31,   1828, 
Charles  B.  Boynton,  to  Dec.  20,  1828, 
Horatio  Byington,  to  Dec.  31,  1828, 
Socrates  Squier,  to  Dec.  31,  1828, 
Simeon  W.  Wright,  to  Dec.  31,  1828, 
George  W.  Campbell,  to  Dec.  31,  1828, 
George  C.  Richardson,  to  Dec.  31,  1828, 
Thomas  Parker,  to  July  7,   1828, 
Horace  Collamore,  to  Dec.  31,  1828, 


30 

00 

25 

00 

25 

00 

31 

60 

6 

50 

25 

00 

4 

29 

25 

00 

15 

00 

26 

29 

50 

00 

25 

00 

25 

25 

11 

11 

19 

86 

25 

00 

g  1,293  08 


AGGREGATE  OT  RO££  XO.  100. 

JANUARY,  1829. 

Expense  of  State  Paupers,  $  33,265  67 

"  Siieriffs  and  Coroners,  348  02 

"  Printers  and  Miscellaneous,  1,654  43 

"  Brigade  Majors  and  Inspectors,  280   10 

«  Adjutants,  1,293  08 

"  Hauling  Artillery,  511   65 

"  Aids  de  Camp,  174  30 


Total,     g!  37,527  25 

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  Corpo- 
rations and  persons  names  respectively,  amounting  in  the 
whole  to  thirty  seven  thousand,  five  hundred  twenty  sev- 
en dollars,  twent}^  five  cents,  the  same  being  in  full  dis- 
charge of  the  accounts  and  demands  to  which  they  refer. 


154  RESOLVE. 

In  Senate^  February  5,  1829. — Read  twice  and  passed, 
Sent  down  for  concurrence. 

SH.  LELAND,  President, 

In  House  of  Representatives ,  February  7,  1829. — Read 
twice,  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker, 

February  7,  1829. 

Approved, 

LEVI  LINCOLN. 


ROLL,  No.  100. 

NO.  2,  FOR  JANUARY  SESSION,  1829. 


The  Committee  on  Accounts  having  examined  the  sev- 
eral accounts  presented  to  them,  Report, 

That  there  is  due  to  the  several  Corporations  and  Persons 
hereinafter  mentioned,  the  sums  set  against  their  names 
respectively,  which,  when  allowed  and  paid,  will  be  in  full 
discharge  of  said  accounts,  to  the  dates  therein  mentioned  ; 
which  is  respectfully  submitted. 

JOHN  KEYES,  Chairmmu 


PAUPER  ACCOUNTS. 


Alford,  for   the   support  of  sundry  Paupers,  to 

January  1,  1829,  224  29 

Attleborough,  for   the   support  of  Eleanor  M. 

Montgomery,  to  January  1,  1828,  26  00 

Boxford,  for  the  support  of  Mehitable   Hall,    to 

January  1,  1829,'  93  60 

Boston,  City  of,  for  the  support  of  sundry  Pau- 
pers in  the  House  of  Correction,  to  December 
31,  1828,  1234  22 

Carver,  for  the  support  of  Martin  Grady,  to  Jan- 
uary 1,  1829,  46  80 


156  PAUPER  ACCOUNTS. 

Chelsea,  for  the   support  of  Betsey  Jones  and 

John  Buck,  to  January  7,  1829,  64  40 

Digliton,  for  the  support  of  Hannah  Tew,  to  De- 
cember 18,  1828,  47  43 

Hatfield,  for  the  support  of  Jesse  Jewett,  to  Jan- 
uary 1,  1829,  45  00 

Harwich,  for  the  support  of  Jaraes  Robertson,  to 

February  1,  1829,  45    14 

Hard  wick,  for  the  suj)port  of  Charles  Collins  and 

Elizabeth  Walker,  to  January  4,  1829,  90  90 

Hubbardston,  for  the  support  of  Daniel  Mundell, 

to  January  24,  1829,  40  91 

Littleton,  for  the  sujjport  of  Josej.^h   Dav^enport 

and  John  Putnam,  to  February  15,  1829,  116   10 

Lexington,  for  the  support  of  Ann  Varnum,   to 

January  26,  1829,  15  04 

Montague,  for  the  support  of  Anna  Sinclair,    to 

February  10,  1829,  33  30 

Marshfield,  for  the   support  of  Samuel   Holmes 

and  John  Baker,  to  December  23,  1828,  93  60 

Maiden  for  the  support  of  sundry    Paupers,    to 

February  25,  1829,  174  40 

Newton,  for  the  support  of  sundry  Paupers,  to 

January  1,  1829,  183  89 

Northfield,  for  the  support  of  Joel  M.  Plum,   to 

January  5,  1829,  46  80 

Pittsfield  for  the  support  of  sundry  Paupers,   to 

January  1,  1829,  183  80 

Pawtucket,  for  the  support  of  Jane   Donaldson, 

and  her  daugiiter  Ann,  to  February  5,  1829,  56  00 

Russell,  for  the  support  of  Sally  Harrington, 
Mary  Newton,  Mary  Stebbins  and  funeral 
cost  of  M.  Stebbins,  to  December  30,  1828,  84  20 

Scituatc,  for  the  support  of  Jeremiah  Gundoway 

and  Francis  Robbins,  to  February  5,  1828,  8    10 

Warwick,  for  the  support  of  Samuel  Gun,  Molly 
Gun  and  their  children,  George  and  Charles 
Gun,  to  January  21,  1829,        '  5  60 

U>  Hi. 


16 

67 

14 

00 

96 

00 

48 

52 

16 

66 

16 

67 

PRINTERS'  &  MISCEL.  ACCOUNTS.        157 


PRINTERS'  AND  MISCELLANEOUS  ACCOUNTS. 

JANUARY,     1829. 

Atwell,  Herman,  for  printing  laws  to  December 
31,   1828, 

Briggs,  Peter,  for  services  examining  the  pauper 
account  of  Washington,  per  resolve. 

Bacon,  Henry,  for  assisting  messenger  to  the 
General  Court  to  February  26,  inclusive,  48 
days, 

Buckingham,  Joseph  T.  for  newspapers  to  Feb- 
ruary 24,  1829, 

Congdon,  B.  F^  for  printing  laws  to  January  1, 
1829. 

Chapin,  Jacob,  for  printing  laws  to  January  i, 
1829, 

Chase,  Warren,  for  assisting  messenger  to  the 
General  Court  to  February  26,  inclusive,  48 
days,  96  00 

Cutting.  E.  W.  for  assisting  messenger  to  the 
General  Court  to  February  26,  inclusive,  46 
days,  and  for  his  sons  services  as  Page  to  the 
Senate  same  term,  46  days,  136  00 

Kuhn,  Jacob,  Jr.  for  assisting  messenger  to  the 
General  Court  to  February  26,  inclusive,  46 
days,  32  00 

Massachusetts  Agricultural  Society,  under  the 
Resolve  of  February  15,  1814,  to  February  23, 
1829,  1600  00 

Pitts,  Sarah,  for  her  sons  service  as  Page  to  the 
House  of  Representatives  to  February  26,  in- 
clusive, 44  days,  44  00 

Rawson,  Alonzo,  for  printin2;  laws  to  January  1, 

1829,  "  16  67 

Russell,  John  B.  for  newspapers  to  February  25, 

1829,  70  72 

Stearns,  B.  G.  for  copying  bill  on  Banks  &c.  1829,         3  50 
2i 


158  MILITARY  ACCOUNTS. 

True  &  Greene,  for  printing  per  contract,  and 

for  newspapers  amounting  to  $  82  77,  696  40 


CORONERS'  ACCOUNTS. 

Prince  Snow,  for  fees  of  Inquisitions,  to  January 

3,   1829,  203  60 


MILITARY  ACCOUNTS. 

Brigade  Majors   and  Inspectors. 

Bradford  L.  Wales,  to  Dec.  31,  1828, 
Joseph  L.  Low,  to  Dec.  31,  1828, 
George  N.  Briggs,  to  Dec.  31,  1828, 

Adjutants. 

Francis  Holden,  to  Dec.  31,  1828, 
Francis  D.  Holbrook,  to  Dec.  31,  1828, 
Calvin  Fisher,  Jr.  to  June  24,  1828, 
Wm.  Chamberlain,  to  Dec.  31,  1828, 
Ebenezer  Sutton,  to  Dec.  31.  1828, 
Homer  Tilton,  to  Dec.  31,  1828, 
Guy  C.  Haynes,  to  Dec.  31,  1828, 
Samuel  Woodburn,  Jr.  to  Dec.  31,  1828, 
Daniel  L.  Callender,  to  June  9,  1828, 
Leander  Lovell,  to  Dec.  31,  1828, 
Samuel  N.  Dyer,  to  Dec.  31,  1828, 
Jonathan  Wheaton,  Jr.  to  Dec.  31,  1828, 
Asa  Wood,  to  Dec.  31,  1828, 
William  Blackinton,  to  Dec.  31,  1828, 
Samuel  Shiverick,  to  Dec.  31,  1828, 
Holmes  Amidown,  to  Dec.  31,  1828, 
Phineas  T.  Bartlett,  to  Dec.  31,  1828, 
Isaac  Bartlett,  to  Dec.  31,  1828, 
Willard  Day,  to  Sep.  15,  1828, 
Henry  Newton,  to  July  14,  1828, 


18 

45 

40 

(0 

64 

88 

25 

00 

7 

98 

7 

25 

15 

00 

25 

00 

25 

00 

25 

00 

25 

00 

11 

04 

25 

00 

15 

00 

25 

00 

25 

00 

25 

00 

15 

00 

39 

03 

12 

50 

11 

25 

17 

71 

13 

47 

RESOLVE. 

159 

Hauling  Artillery. 

Jerre  Otis  Pond, 

182B, 

10  00 

John  O.  Wood, 

4( 

.30  00 

John  Stacy, 

(( 

20  00 

Charles  Trowbridge, 

(( 

15  00 

H.  B.  Bordwell, 

t; 

21    80 

Charles  A.  Callender, 

(( 

21    50 

David  Bradford, 

(C 

31   87 

John  Corbett,  Jr. 

a 

20  00 

Abraham  Tobey,  Jr. 

n 

6  50 

Aggregate  of  the  additional  Roll  No.  100. 

JANUARY  SESSION,  1829. 

State  Pauper  Accounts,  S  2059  52 

Printers'  and  Miscellaneous,  3063  8 1 

Coroners,  203  60 

Brigade  Majors  and  Inspectors,  123  33 

Adjutants,  390  23 

Hauling  Artillery,  176  67 

Total,     $6917   16 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
public  Treasury,  to  the  several  persons  and  Corporations 
mentioned  in  this  Roll,  the  sums  set  against  their  names 
respectively,  amounting  in  the  whole  to  the  sum  of  six 
thousand,  nine  hundred  and  seventeen  dollars,  and  sixteen 
cents,  the  same  being  in  full  discharge  of  all  the  accounts 
and  demands  to  which  they  refer. 

In  Senate,  February  25,  1829. — ^Read  twice  and  passed, 
Sent  down  for  concurience. 

JAxMES  FOWLER,  President  pro  tempore. 

In  House  of  Representatives,  February  26,  1829. — Read 
twice,  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker. 
February  26,  1829, 

Approved, 

LEVI  LINCOLN. 


^ommonix^tuUfi  of  M^^^^tf^nntttu^ 


SECRETARY'S  OFFICE,  APRIL  15,  1829. 

I  HEREBY  CERTIFY,  that  I  havc  Compared  the  impression 
of  the  Resolves  contained  in  this  pamphlet,  with  the  ori- 
ginal Resolves,  as  passed  by  the  Legislature,  at  their  Ses- 
sion commencing  in  January  last,  and  find  the  same  to  be 
correctly  printed. 

EDWARD  D.  BANGS, 

Secretary  of  the  Commonwealth. 


IJVI>EX 

TO  THE  RESOLVES  OF  THE  SESSION  IN  JANUARY, 
FEBRUARY,  AND  MARCH,  1829. 


A. 

Academy,  Wesleyan,  in  Wilbraham,  grant  of  land  to,   modifi- 
ed, Sec.         ------         -  97 

Accounts,  Roll  of,  No.  100, 137 

"  "  Supplementary  to  No.   100,  -          -  155 

Agents  for  selling  public  lands,  accounts  of,  adjusted,  -  133 

Agricultural  Society,  Massachusetts,  grant  of  land  to,  instead  of 

former  grant,  ______  120 

Allen,  Benjamin,  and  another,  allowance  to,  as  former  guardians 

of  Christiantown  Indians,         -          -          -         -  119 

Allen,  Samuel,  Treasurer  of  County  of  Worcester,  directed  to 

remit  certain  sum  to  Abner  Bird,     -         -         -         119 

Asylum  for  Deaf  and  Dumb,  at  Hartford,  certain  pupils  in,  to 

be  supported  by  Commonwealth,      -         -         -         103 

B. 

Berkshire,  County  of,  Tax  for  1828,  confirmed,         -         -  108 

Bird,  Abner,  sum  due  from,  to  Commonwealth,  remitted,  119 

Blind  Persons,  provisions  for  ascertaining  number  of,  132 

C. 

Canal,  survey  of  route  for,  from  Boston  to  Blackstone   Canal, 

report  concerning,  transmitted,         -         -  107 


ii  IINDEX. 

Canal,  from  Boston  Harbour  to  Narragansett  Bay,  copy  of  Re- 
port respecting  survey  of,  to  be  requested   from  U. 
S.  government,      -         -         -         -         -         -         127 

"  from  Boston  Harbour  to  Narragansett  Bay,  Commit- 
tee appointed  to  assist  in  surveying  route  of,  paid  for 
services,       --___--  128 

Chaplains  of  the  Senate  and  House,  compensation  of,  for  their 

services,  ______  136 

Chappequiddic  and  Christiantown  Indians,  Commissioners  for 

dividing  lands  of,  paid  for  services,  -         -  106 

Christiantown  Indians,  Meeting  and  School  House  to   be   built 

for  use  of,  _         -         »         »  105 

'*  "  allowance  to  former  guardians  of,      -         119 

Clerk  of  Senate, compensation  of,for  preparing  indexes  to  journals,  13'5 

Clerks  of  Senate  and  House,  pay  of,  provided  for,     -          -  127 

Committee  on  Accounts,  their  Roll  No.  100,     -         -         -  137 

"  "  "  their  supplementary  Roll,       -         -  155 

Cottle  John,  and  another,  allowance  to,  as  former  guardians  of 

Christiantown  Indians,  -          -         -          -  119 

County  taxes  granted,  _.__--  109 

D. 

Deaf  and  Dumb,  further  provisions  for  support  of,     -         -         103 
Dudley  Indians,  further  provisions  respecting  guardians  of,  121 

E. 

Eastern   Lands,  grants  of,  to  old    Soldiers,   further  provisions 

concerning,  -         -         -         -         -         113 

"         "         small  gores  and  slips  of,  undivided,  to  be  sold,  116 

"  "  six  townships  to  be  sold  by  Agents,  -  116 

"  "  Agents  for  sale  of,  their  accounts  adjusted,        133 

Eaton,  William,  allowance  to,   for    procuring    conviction    of  a 

criminal,      -         -         -         -         -         -         -         101 


INDEX.  iii 

P. 

Fourth  of  July,  former  Resolves  respecting  Executive  celebra- 
tion of,  repealed,  -         -         -         -         -         113 

G. 

Governor,  authorized  to  appoint  guardians  to  Dudley  Indians,      121 
"         requested  to  apply  to   Secretary  of  War  of  U.    S. 
for   copies   of  Report,  &;c.  respecting  survey  of  a 
route  for  a  Canal  from  Boston  Harbour  to  Narragan- 
sett  Bay,       -------  127 

"          requested  to    cause   repairs  in   building    containing 

Statue  of  Washington,  -  -  132 

Governor's  Message,  at  opening  of  the  Session,          -         -  71 

"  "  transmitting  Copies  of  Certificates   made 

by  Commissioners  for  examining  specie  in 
Banks,  -          -         -          -         -  92 

"  "  informing    of    the    resignation    of    Major 

General  Nathaniel  Austin,  of  3d  division 

of  Militia, 93 

"  «'  transmitting    information    respecting    pro- 

ceedings   of  Commissioners    on    William 
Simpson's  claim,       -         -         -         -  95 

"  "  transmitting     documents    received     from 

Governor  of  Georgia,        -         -         -  96 

"  "  transmitting    additional    documents    from 

Georgia,  -         -  -  -         -  101 

"  «'  transmitting  Report  of  Commissioners  of 

Internal  Improvement,       _         -         -  107 

"  "  transmitting  Report  of  Commissioners  on 

William  Simpson's  claim,  -         -  1 1 1 

H. 

Harris,  Azor,  guardian,  authorized  to  sell  estate  of  Anna  Rich- 
ards, an  Indian,     ------  94 


iv  INDEX. 

Harris  Thomas,  late  Warden  of  State  Prison,  his  accounts  to  be 

audited  by  Governor  and  Council,  -         -  124 

Howe,  Joseph  N.  and  others,  Commonwealth's  right  in  certain 

land  released  to,    -         -         -         -         -         -         111 


Independence,  former  Resolves  respecting  Executive  Celebra- 
tion of,  repealed,  -         -         -         -         -  113 

Indexes  to  journals  of  the  Senate,  Paul  Willard  Esq.  paid  for 

preparing,     -         -         -          -          -         -  -  135 

Indians  at  Christiantown,  Meeting  and  School  House  to  be  built 

for  use  of,  -         _         _          _  105 

**          "  "  Commissioners  for  dividing   lands  of,         , 

paid  for  services,  _          _         -  106 

"  "  "  allowance  to  former  guardians  of,  119 

"     at  Dudley,  further  provisions  respecting  guardians  of,        121 

InternaHmprovements,  Report  of  Directors  concerning,  to  be 

printed,       -----  92 

"  "  Report  of   Directors  concerning,  how 

distributed,  -          -          -          -  99 

"  "  Report  of  Commissioners  concerning, 

transmitted,  -         -         -          -  107 

"  "  Commissioners  of,  to  survey  route    for 

Rail  Road  from  Plymouth  to  Wareham,   123 
"  "  Copy  of  Report  concerning,  as  respects 

Canal  from  Boston  Harbour  to  Narra- 
gansett  Bay,  to  be  procured,  -  127 

K. 

Kuhn,  Jacob,  paid  for  services  in  arranging  files  of  the  Senate,   135' 

L. 

Lands  in  Maine,  grants  of,  to  old   Soldiers,  further  provisions 

concerning,  -         -         -         -         -         113 

"  "         small  gores  and  slips  of,  undivided,  lo  be  sold,   115 


INDEX.  Y 

Lands  in  Maine,  six  townships,  to  be  sold  by  Agents,          -  116 

"  "  Agents  for  sale  of,  their  accounts  adjusted,  133 
Lombard,  Daniel,  Administrator,  authorized  to  convey  pews  in 

first  Parish  Meeting  House  in  Springfield,  -  94 
Low,  John  V.  assistant  Messenger   to   Governor   and   Council, 

paid  for  services,             -          -          ~          -         -  133 

M. 

Massachusetts  Agricultural  Society,  grant  of  land  to,  instead  of 

former  grant,  --  -          -         -         -  120 

Message  of  Governor,  at  opening  of  the  Session,         -         -  71 

«  "  transmitting  Copies  of  Certificates   made 

by  Commissioners  for    examining    specie 
in  Banks,       _---.-  92 

"  "  informing  of  the  resignation  of  Maj.  Gen. 

Nath'l.  Austin,  of  3d  Division  of  Militia,       93 
"  •'  transmitting    information   respecting  pro- 

ceedings of  Commissioners 
on  Wm.  Simpson's  claim,  95 

"  "  "  Documents    received    from 

Governor  of  Georgia,       -  96 

"  "  "  additional  Documents   from 

Georgia,  -          -         -        101 

"  "  "  Report  of  Commissioners  of 

Internal  Improvement,  107 

"  "  "  Report  of  Commissioners  on  .,  ; 

WiUiam  Simpson's  claim,         111 
Morrill  James,  and  others,  allowance  to,  for  use  of  piece  of  land 

by  the  State,  -         ^         ^  _         _         _  io2 

N. 

Nichols,  Esther,  and  others,  land   belonging  to,  in   Leominster, 

boundary  line  of,  to  be  established,  &;c.       -  134 

22 


vi  INDEX. 

Nutting,  Phinehas  S.  allowance  to,  on  account  of  a  wound  when 

on  military  duty,  _          _  _  -          _  104 


Perkins,  Thomas  H.  and  others,  Executors,  authorized  to  con- 
vey certain  real  estate  in  Dorchester,  -         -  96 

Perry,  William,  authorized  to  convey  land  of  certain  minors,  in 

order  to  quiet  their  title,  Stc.     -         -         -  _  134 

Plymouth,  rail  road  fi-om,  to  Wareham,  route. of,  to  be  surveyed,   12c 

Popkin,  J.  S.  guardian,  authorized  to  sell  estate  of  certain  minor,     125 

Q 

Quarter  Master  General's  Department,  appropriation  for,  125 

R. 

Hail  Road  Report,  to  be  printed  for  use  of  State,        -          -  92 

*'       "          "         distribution  of,  directed,        _         -         -  99 

"       "     route  of,  to  be  surveyed,  from  Plymouth  to  Wareham,  123 

Records  and  Files,  in  Secretary's  Office,  directions  concerning,  124 

Representatives'  Chamber,  payment  for  repairs  in,  provided  for,  103 
Returns  of  Votes,  information  respecting,  when  not   seasonably 

made,  to  be  given  to  Legislature,        -          -         -  134 
Revolutionary    Soldiers,    further  provisions    respecting   former 

grants  of  land  to,                -          -         -         -         -  113 

Robbins,  Vina,  allowance  to,            -----  100 

Robinson,  William,  discharged  as  guardian  of  Dudley  Indians,  121 

S.  tjiL  iii'ijot; 

Secretary  of  Commonwealth,    directed,    respecting    public  re- 
cords, &ic.  -         -         _         124 
"                         "                directed  to  inform   Legislature  of 
tlje  names  of  towns  which  w^ake;  no,  returns  j^Off.Yota^ioj /: 
or  make  them  unseasonably,      -         -         -         -         134 


INDEX.  iiifii 

Solicitor  General,  further  directed,  relating,  to lacttom against  the 

Town  of  Tyringham,        -       '  V-  JnRf5  -ormol     -  117 

State  Prison,  appropriation  for  sujjport  ofj    ^i  o-i        .41  J.  <-ijIo:)tiI<iF8 
"  "       late  Warden  of,  to  exhibit  bis' accodfitsrito  Gover- 

nor and  Council,      -         -        ^**  •        -        '*♦•/    .:•»*  '  .  ;filfif4 
Statue  of  Washington  ;  provisionsi  for  repair  of  (building  iff  which:  (i7f 
-■  it  is  erected,  -  -  tc^  i-.u -jo'.'orr'io     -  132 

Stearns,  Nathaniel,  and  another,    guardians,  atftfebrizdd  40  feel!'"  '^^ 
estate  of  certain  minors,  -          -  -         -  117 


Taber,  James,  Esq.  late  Representative,  funeral  expenses.  Sic. 

of,  paid,        -  _--  ___  no 

Tax  of  Berkshire  County,  for  1828,  assessment  of,  confirmed,   108 
Taxes  granted  for  the  several  Counties,  -         -          -  109 

Thayer,  Minot,  and  others,  paid  for  services   as   Committee   to 
attend  survey  of  route  for  a  Canal  from  Boston  Har- 
bour to  Narragansett  Bay,        -          -  _         »  128 
Treasurer  of  Commonwealth,  authorized  to  borrow  money,  93 
Tyringham,  action  against  town  of,  further  directions  concerning   117 

V-. 

Votes,  Returns  of,  directions  respecting,  when  not  seasonably 

made,  __-_-__  134 

W. 

Wade,  Thankful,  Administratrix,  authorized  to  convey   certain 

real  estate,     -          -          -  93 

"  **  "  further  authorized   to  convey 

real  estate,     -          -          -  129 

Wareham,  rail  road  to,  from  Plymouth,  route  of,  to  be  surveyed,   123 
Washington,  Statue  of;  building  in  which  it  is  erected,  to  be  re- 
paired, -          -         -         -         -          -         -  132 


viii  INDEX. 

Wesleyan  Academy,  in  Wilbraham,  further  provisions  respecting 
7 :  !  former  grant  of  land  to,  -         -          -     -    -  97 

Wheeler,  J.  H.  and  others,  payment  to,  for  repairs   in   Repre- 
sentatives' Chamber,        -  -  -        .  -          -  103 
VVheelock,  Martin,  pension  of,  renewed,            _          -          _          121 
Whitney,  Moses,  Administrator,  allowed  to  perpetuate  evidence 

of  notice  for  sale  of  real  estate,        _         -  -  123 

Willard,  Paul,  Clerk  of  Senate,  compensation  of,  for  preparing 
"i  indexes  to  journals,         -----         135 


RESOLVES 

or 

THE  GENERAL  COURT 

OF    THE 

Commontoealtf)  of  M^ss^tijmttts, 

PASSED  AT  THEIR  SESSION, 


WHICH  COMMENCED  ON  WEDNESDAY,    THE  TWENTY-SEVENTH  OF  MAY,  AND  RNDF.D 

ON  FRIDAY',  THE  TWELFTH  OF  JUNE,  ONE    THOUSAND   EIGHT  HUNDRED 

AND  TWENTY-NINE. 


Published  agreeably  to  a  Resolve  of  the  I6th  January ^  1812. 


DUTTON  AND  WENTWORTH,  PRINTERS  TO  THE  STATE 


1829, 


CIVIL  GOVERNMENT 

OF  THE 
FOR  THE  POLITICAL  YEAR  1829 30. 


HIS  EXCELLENCY 

LEVI  LINCOLN,  EHaUIRE; 


GOVERNOH. 


HIS  HONOR 

THOMAS  L.  WINTHROP,  ESQ. 

ZiIZiUTEZTAITT  GOVJERITOn. 


COUNCIL. 

HON.  AARON  HOBART, 
JOHN  MASON, 
BEZALEEL  TAFT,  Jdn. 
SAMUEL  C.  ALLEN, 
GEORGE  HULL, 
JAMES  SAVAGE, 
JOSEPH  E.  SPRAGUE, 
NATHAN  BROOKS, 
HENRY  A.  S.  DEARBORN. 


EDIVARD  D.  BANGS,  ESatlIRE, 

Secretary  of  the  Commonwealth. 

JOSEPH  SEWAI.Ii,  ESaUIRE, 

Treasurer  and  Receiver  General  of  the  Commonwealih. 


SENATE. 


HON.  SAMUEL.  liATHROP, 

PRESIDENT. 


SUFFOLK  DISTRICT. 

Hon.  John  Pickering,  Hon.  Charles  Wells, 

Jacob  Hall,  Pliny  Cutler, 

Nathan  Hale,  Daniel  Baxter. 

ESSEX  DISTRICT. 

Hon.  Amos  Spaulding,         Hon.  James  H.  Duncan, 
John  Merrill,  Rufus  Choate. 

William  Thorndike, 

MIDDLESEX  DISTRICT. 

Hon.  Benjamin  F.  Varnum,  Hon.  Francis  Winship, 
James  Lewis,  Thomas  I.  Goodwin. 

Charles  Train, 

PLYMOUTH  DISTRICT. 

Hon.  Seth  Sprague,  Jr.         Hon.  Charles  I.  Holmes. 

,      NORFOLK  DISTRICT. 

Hon.  Christopher  Webb,        Hon.  Sherman  Leland. 
Thomas  French, 


SENATE. 

BRISTOL  DISTRICT. 

Hon.  William  Wood,  Hon.  John  A.  Parker, 

Howard  Lothrop, 

WORCESTER  DISTRICT. 

Hon.  John  W.  Lincoln,         Hon.  Samuel Mixter, 

Lovell  Walker,  William  S.  Hastings. 

David  Wilder. 

HAMPSHIRE  DISTRICT.     • 
Hon.  Philo  Dickinson,  Hon.  Oliver  Warner. 

HAMPDEN  DISTRICT. 
Hon.  James  Fowler,  Hon.  Samuel  Lathrop. 

FRANKLIN  DISTRICT. 
Hon.  Elihu  Hoyt,  Hon.  Sylvester  Maxwell. 

BERKSHIRE  DISTRICT. 
Hon.  Samuel  M.  McKay,     Hon.  Robert  F.  Barnard. 

BARNSTABLE  DISTRICT. 
Hon.  Elisha  Pope. 

NANTUCKET  DISTRICT. 
Hon.  Barker  Burnell. 


Paul  Willard,  Esq.  Clerk, 
W.  P.  Gragg,  Esq.  Assistant  Clerk. 
Rev.  R.  W.  Emerson,  Chaplain. 
William  H.  Cutting,  Page, 


HOUSE  OF  REPRESENT ATIVSS. 


HON.  WILLIAM  B.  CALHOUN. 

SPEAKER. 

COUNTY  OF  SUFFOLK. 

Boston,  Cyrus  Alger, 

Andrew  J.  Allen, 
Samuel  Appleton, 
Samuel  Aspinwall, 
Samuel  Austin,  Jr. 
Benjamin  Bangs, 
Levi  Bartlett, 
Daniel  Baxter,  Jr. 
Adam  Bent, 
John  P.  Bigelow, 
George  Blake, 
William  W.  Blake, 
James  Bowdoin, 
David  L.  Child, 
David  W.  Child, 
Daniel  Denny,  Jr. 
Joseph  H.  Dorr, 
Ezra  Dyer, 
Joseph  Eveleth, 
Otis  Everett, 
Henry  Farnam, 
William  Foster, 


HOUSE  OF  REPRESENTATIVES. 


Boston, 


Chelsea, 


John  C.  Gray, 
Lemuel  P.  Grosvenor, 
Prentiss  Hobbs, 
Francis  Jackson, 
Thomas  Kendall, 
Edmund  Kimball, 
Seth  Knowles, 
William  Lawrence, 
Winslow  Lewis, 
Heman  Lincoln, 
John  Lowell,  Jr. 
William  P.  Mason, 
Thomas  Melvill, 
James  G.  Merrill, 
Thomas  Minns, 
George  Morey,  Jr. 
Henry  J.  Oliver, 
William  F.  Otis, 
Isaac  Parker, 
Abner  Phelps, 
Thomas  W.  Phillips, 
Benjamin  T.  Pickman, 
John  P.  Rice, 
Benjamin  Russell, 
Lemuel  Shaw, 
Robert  G.  Shaw, 
William  Sturgis, 
Israel  Thorndike,  Jr. 
Thomas  W.  Ward, 
John  D.  Williams, 
Nathaniel  L.  Williams, 
Simon  Wilkinson, 
Edmund  Wright,  Jr. 
Joseph  Stowers. 


HOUSK  OF  REPRESENTATIVES. 


COUNTY  OF  ESSEX. 


Amesbury, 
Andover, 

Beverly^ 


Boxford, 
Bradford, 

Danvers, 

Essex, 
Gloucester, 

Hamilton, 
Haverhill, 


Ipswich, 


Lynn, 

Lynnjield, 

Manchester, 

Marblehead, 

Methuen, 

Middleton, 


Robert  Patten, 
Patten  Sargent, 
Stephen  Sargent,  Jr. 
Stephen  Abbot, 
WilUam  Johnson, 
Samuel  Merrill, 
Gayton  P.  Osgood, 
Henry  Larcom, 
Josiah  Lovett,  2d 
Robert  Rantoul, 
Amos  Sheldon, 

Eliphalet  Kimball 
George  Savory, 
Elias  Putnam, 
Jonathan  Shove, 
Jonathan  Story,  3d 
Elias  Davison, 
Samuel  Lane, 
Azor  Brown, 
WilUam  Bachelor, 
John  Brickett,  Jr. 
Thomas  Harding, 
Ebenezer  Cogswell, 
Joseph  Dennis, 
Stephen  Pearson,  Jr. 
Jacob  Ingalls, 
Josiah  Newhall, 
John  Upton,  Jr. 
John  Cheever,  2d. 
Joseph  W.  Green,  ' 
John  Russ, 
Pelatiah  Wilkins, 


HOUSE  OF  REPRESENTATIVES. 


Newbury, 

Moses  Little, 

Silas  Little, 

Silas  Moody, 

Newburyportj 

William  S.  Allen, 

Charles  H.  Balch, 

William  Far  is, 

y    Henry  Frothingham, 

Stephen  W.  Marston, 

Abner  Wood, 

Roivley, 

Solomon  Nelson, 

Samuel  Pickard, 

Salem, 

Gideon  Barstow, 

Benjamin  Crowninshield, 

John  Dike, 

Asahel  Huntington, 

Elisha  Mack, 

Warwick  Palfray,  Jr. 

Francis  Peabody, 

David  Putnam, 

Richard  S.  Rogers, 

William  Ropes, 

Leverett  Saltonstall, 

Salisbury, 

Daniel  Blasdell, 

Benjamin  W.  Lowell, 

Saugus, 

Abijah  Cheever, 

Topsjield, 

Jacob  Towne,  Jr. 

Wenham, 

Paul  Porter, 

West  Newbury, 

Ehphalet  Emery. 

COUNTY  OF  MIDDLESEX. 

Acton, 

Stevens  Hayward, 

Ashby, 

Ezekiel  L.  Bascom, 

Bedford, 

William  Webber, 

Billerica, 

Marshal  Preston, 

HOUSE  OF  REPRESENTATIVES. 


Brighton, 

Edward  Sparhawk, 

Burlington, 

William  Winn, 

Cambridge, 

Francis  Dana, 

Royal  Makepeace, 

William  Parmenter, 

Ralph  Smith, 

John  Trowbridge, 

William  J.  Whipple, 

Carlisle, 

Charlestown, 

Leavitt  Corbet, 

John  Harris, 

Oliver  Holden, 

Josiah  S.  Hurd, 

Leonard  M.  Parker, 

Benjamin  Whipple, 

Chelmsford, 

Joel  Adams, 

Concord, 

Reuben  Brown,  Jr. 

Samuel  Burr, 

Dracut, 

Coburn  Blood,  Jr. 

Life  Hamblet, 

Dunstable, 

East  Sudbury, 

Micah  M.  Rutter, 

Framingham, 

Luther  Belknap, 

Groton, 

Luther  Lawrence, 

WiUiam  Livermore, 

Holliston, 

Hopkinton, 

Thomas  Bucklin, 

Matthew  Metcalf, 

Lexington, 

Samuel  Fisk, 

Lincoln, 

Littleton, 

Lowell, 

John  S.  C.  Knowlton, 

John  P.  Robinson, 

HOUSE  OF  REPRESENTATIVES. 


Maiden  t 

Ebenezer  Nichols, 

Isaac  Stiles, 

Marlboro^ 

Eli  Rice, 

Daniel  Stevens, 

Medfordj 

Turell  Tufts, 

Natick, 

William  Farriss, 

NewtoUt 

William  Jackson, 

John  Kenrick, 

Pepperell, 

William  Buttrick, 

Arnold  Hutchinson, 

Readings 

Eliab  Parker,  Jr. 

Warren  Perkins, 

Sherburne, 

Shirley, 

Adolphus  Whitcorab, 

South  Reading, 

Thomas  Emerson, 

Stoneham, 

Darius  Stevens, 

Stow  and  Boxboro^ 

Lyman  Biglow, 

Sudbury, 

Abel  Wheeler, 

Tewksbury, 

Josiah  Brown, 

Townsend, 

Tyngsborough, 

Simon  Thompson, 

Waltham, 

Jonas  Clark, 

Watertown, 

Charles  Bemis, 

John  Clark, 

West  Cambridge, 

Benjamin  Locke, 

Westford, 

Abram  Prescott, 

Weston, 

Jonas  Cutter, 

Wilmington, 

Woburn, 

Marshall  Fowle, 

John  Wade. 

COUNTY  OF  WORCESTER. 

Ashburnham, 

Joseph  Jewett, 

Athol, 

Ebenezer  Chaplin, 

house:  of  representatives. 


Bane, 

Nathaniel  Jones, 

Charles  Sibley, 

Berlin, 

Bolton, 

Silas  Holman, 

Boylston, 

Ward  Cotton, 

Brookfield, 

Simeon  Draper, 

Alanson  Hamilton, 

Ebenezer  Merriam, 

Charlton, 

John  Hill,  Jr. 

Samuel  D.  Spurr, 

Dana, 

Nathaniel  Williams, 

Douglas, 

Amos  Humes, 

Dudley, 

John  Brown, 

William  Winsor, 

Fitchburg, 

Oliver  Fox, 

Isaiah  Putnam, 

Gardner, 

Smyrna  Glazier, 

Grafton, 

Harry  Wood, 

Samuel  Wood, 

Hardwick, 

Samuel  Billings, 

Ebenezer  Perry, 

Harvard, 

Holden, 

Silas  Flagg, 

Hubbardston, 

Henry  Prentiss, 

Lancaster, 

Solon  Whiting, 

Leicester, 

John  Hobart, 

Leominster, 

Wilder  Carter, 

Joel  Crosby, 

Lunenburg, 

Daniel  Putnam, 

Mendon, 

Aaron  Burdon, 

Warren  Rawson, 

Daniel  Thurber, 

Milford, 

John  Claflin,  Jr. 

Millbury, 

Amos  Hill, 

HOUSE  OF  REPRESENTATIVES. 


Millbury, 

Aaron  Pierce, 

New  Braintree, 

Philip  Delano, 

Northboro^ 

Jonas  Bartlett, 

Northbridge, 

Adolphus  Spring, 

North  Brookjield, 

William  Adams, 

Oakham, 

Oxford, 

Jonathan  Davis, 

Richard  Olney, 

Paxton, 

Tyler  Goddard, 

Petersham, 

Joseph  Gallond, 

Micajah  Reed, 

Phillipston, 

Joseph  Knowlton, 

Princeton, 

Charles  Russell, 

Royalston, 

Rufus  Bullock, 

Rutland, 

Robert  Munroe, 

Shrewsbury, 

Southborough, 

Jonas  Ball, 

Southbridge, 

John  Mc  Kinstry, 

Spencer, 

Rufus  Adams, 

James  Draper, 

Sterling, 

Jacob  Conant, 

Thomas  Wright, 

Sturbridge, 

Penuel  Belknap, 

Sutton, 

Jonas  Sibley, 

Daniel  Tourtellot, 

Templeton, 

Leonard  Stone, 

Upton, 

Ezra  Wood, 

Uxbridge, 

Daniel  Carpenter, 

Joseph  Thayer, 

Ward, 

Samuel  Boyden, 

Westboro^ 

Charles  Parkman, 

West  Boylston, 

Joseph  Hinds, 

Western, 

Pardon  Keyes, 

Westminster, 

Charles  Hudson, 

Westminster, 
TVinchendon, 
Worcester, 


HOUSE  OF  REPRESENTATIVES. 

Cyrus  Winship, 


Charles  Allen, 
Benjamin  Chapin, 
William  Eaton, 
Rejoice  Newton, 
Frederick  W.  Paine. 


COUNTY  OF  HAMPSHIRE. 

Amherst,  Elijah  Boltwood, 

Daniel  Dickinson, 
Samuel  M.  Worcester, 
Belchertown,        »  Justus  Forward, 

Jonathan  Olds, 
Chesterfield,  Dyar  Bancroft, 

Cummington,  William  Swan, 

Easthampton,  John  Ludden, 

Enfield,  Joshua  Crosby, 

Granhy,  William  Belcher, 

Goshen,  Joshua  Simmons, 

Greenwich,  John  Warner, 

Hadley,  Giles  C.  Kellog, 

Charles  P.  Phelps, 
Hatfield,  Israel  Billings, 

Middlefield,  George  W.  Mc  El  wain, 

Northampton,  John  H.  Ashmun, 

Chauncey  Clark, 
Charles  Hooker, 
William  W.  Thompson, 
Norwich,  Samuel  Kirkland, 

Pelham,  Ziba  Cook, 

Plainfield,  John  Mack, 

Prescott,  Samuel  Henry, 

Southampton,  Elisha  Edwards,  Jr. 


HOUSE  OF  REPRESENTATIVES. 


South  Hadley, 
Ware, 

Westhampton, 
Williamsburg, 
Worthington, 


Daniel  Warner, 
Aaron  Gould, 
Samuel  Phelps, 
Bela  P.  Clapp, 
Elisha  Hubbard,  Jr. 
Josiah  Mills. 


Blandford, 
Brimfield, 

Chester, 

Granville, 

Longmeadow, 

Ludlow, 

Monson, 

Montgomery, 

Palmer, 

Russell, 

Southwick, 

Springfield, 


Tolland, 

Wales  and  Holland, 

West  Springfield, 


COUNTY  OF  HAMPDEN. 

Reuben  Boies,  Jr. 
Oliver  Blair, 
John  Wyles, 
Isaac  Whipple, 
James  Cooley, 
Seth  Taylor, 
Alexander  Mc  Lean, 
Jonathan  Torrey, 
Benjamin  Phillips,  Jr. 
John  Sedgwick, 
Reuben  Palmer, 
Joseph  M.  Forward, 
Gideon  Stiles, 
William  B.  Calhoun, 
WiUiam  H.  Foster, 
Ithamar  Goodman, 
Charles  Howard, 
Jesse  Pendleton, 
William  Rice, 
Eleazer  Williams, 
Launcelot  Granger, 
John  Wallis, 
Reuben  Champion,  Jr. 
Warren  Chapin, 
Robert  Ely, 
Spencer  Flower, 


HOUSE  OF  REPRESENTATIVES. 


Westfield, 

Henry  Douglas, 

Jesse  Farnum, 

Eli  B.  Hamilton, 

Wilbraham, 

Luther  Brewer, 

Jacob  B.  Merrick. 

COUNTY  OF  FRANKLIN. 

Ashfield, 

Roswell  Ranney, 

Enos  Smith, 

BarnardstoUj 

John  Brooks, 

Buckland, 

John  Porter, 

Charlemont, 

Obadiah  Dickinson, 

Coleraine, 

Michael  Mc  Lallen, 

Samuel  Pierce, 

Conway, 

Joseph  Avery, 

Samuel  Warren, 

Deerfield, 

Rufus  Saxton, 

Asa  Stebbins, 

Gill, 

Joel  Lyon, 

Greenfield, 

Ambrose  Ames, 

Luther  Wells, 

Hawley, 

Moses  Smith, 

Heath, 

Ephraim  Hastings, 

Leverett, 

Eliphalet  S.  Darling, 

Leyden, 

Elisha  Chapin, 

Montague, 

Jonathan  Hartwell, 

Monroe, 

New  Salem, 

William  Whitaker, 

Northfield, 

Ezekiel  Webster,  Jr. 

Orange, 

Parley  Barton, 

JRowe, 

Samuel  H.  Reed, 

Shelburne, 

Theophilus  Packard, 

Shutesbury, 

Nathaniel  Macomber, 

Sunderland, 

Erastus  Graves, 

HOUSE  OF  REPRESENTATIVES. 


Warwick, 

Joseph  Stevens, 

Wendell, 

Jonathan  Whitaker, 

Wliately, 

Lemuel  P.  Bates. 

COUNTY  OF  BERKSHIRE. 

Adams, 

Richmond  Brown, 

Thomas  Farnum, 

Edward  Richmond, 

Alford, 

George  C.  Tickner, 

Becket, 

Benjamin  C.  Perkins, 

Cheshire, 

James  Brown, 

Clarksburg, 

Dalton, 

Grenville  D.  Weston, 

Egremont, 

Wilbur  Curtis, 

Florida, 

Great  Barrington, 

Charles  W.  Hopkins, 

Hancock, 

Caleb  Eldridge, 

Hinsdale, 

Ichabod  Emmons, 

Lanesborough, 

Henry  Shaw, 

Lee, 

Riley  Loomis, 

William  Porter,  Jr. 

Lenox, 

Oliver  Peck, 

Mount  Washington, 

New  Ashford, 

New  Marlboro^ 

Benjamin  Sheldon, 

Warren  Wheeler, 

Otis, 

Timothy  Jones, 

Peru, 

David  Tuttle, 

Pittsfield, 

Richmond, 

Erastus  Rowley, 

Sandisjield, 

Samuel  Merrill, 

Thomas  Twining, 

Savoy, 

Edward  Babbit, 

Sheffield, 

Edward  F.  Ensign, 

HOUSE  OF  REPRESENTATIVES. 


Sheffield, 

Parker  L.  Hall, 

Stockbridgd 

Richard  P.  Morgan, 

Theodore  Sedgwick, 

Tyringham, 

Eli  Hale, 

Washington, 

Stephen  W.  Newton, 

West  Stockbridge, 

Martin  Hendrix, 

Williamstown, 

Keyes  Danforth, 

Samuel  Smith, 

Windsor, 

Jephthah  Whitman. 

COUNTY  OF 

NORFOLK. 

Bellingham, 

Joseph  Rockwood, 

Braintree, 

Joseph  Richards, 

Brookline, 

Joshua  C.  Clark, 

Canton, 

Samuel  Capen, 

Thomas  Tolman, 

Cohasset, 

Henry  J.  Turner, 

Dedham, 

Richard  Ellis, 

Horace  Mann, 

Dorchester, 

Samuel  P.  Loud, 

Foxhorough, 

Seth  Boyden, 

Franklin, 

Caleb  Thurston, 

Medjield  and  Dover, 

Medway, 

Warren  Lovering, 

Milton, 

John  Ruggles, 

John  Swift, 

Needham, 

Charles  Rice, 

Quincy, 

John  Souther, 

Randolph, 

Seth  Mann, 

John  Porter, 

Roxbury, 

Isaac  Davis, 

Samuel  Guild, 

Elijah  Lewis, 

Adam  Smith, 

Benjamin  P.  Williams, 

HOUSE  OF  REPRESENTATIVES. 


Sharon, 

Stoughton, 

Abner  Drake, 

Richard  'I'albot, 

Walpole, 

Joseph  Hawes, 

Weymouth, 

Ebenezer  Humphreys, 

Wrentham, 

Allen  Tillinghast. 

COUNTY 

OF  BRISTOL. 

Attleborough, 

Elkanah  Briggs, 

Berkley, 

Samuel  French,  Jr. 

Dartmouth, 

Bradford  Howland, 

Nathaniel  Howland, 

Jesse  W.  Nichols, 

Elihu  Slocum, 

Dighton, 

Seth  Talbot, 

Nehemiah  Walker, 

Easton, 

Elijah  Howard,  Jr. 

Fairhaven, 

Rowland  Gibbs, 

Gideon  Nye, 

Joseph  Tripp, 

Freetown, 

Thomas  Bump, 

• 

John  T.  Lawton, 

Mansfield, 

Hezekiah  Skinner, 

New-Bedford, 

James  Arnold, 

Russel  Freeman, 

Thomas  A.  Greene, 

EH  Haskell, 

Charles  W.  Morgan, 

William  C.  Nye, 

Norton, 

Lemuel  Perry, 

Jacob  Shepard, 

Patvtucket, 

James  C.  Starkweather, 

Raynham, 

Amos  Hail, 

Rehohoth, 

Samuel  Bullock, 

HOUSE  OF  REPRESENTATIVES. 


Rehoboih, 

Seekonk, 
Somerset, 
Swanzey, 

Tauntoiiy 


Troy, 
Westport, 


COUNTY  OF 


Abington, 
Bridgwater, 

Carver, 
Duxbury, 

East  Bridgwater, 

Halifax, 

Hanover, 

Hanson, 

Hingham, 

Hull, 

Kingston, 

Marshjield, 


Caleb  Gushing, 
Joseph  Nichols, 
Weston  Carpenter, 
Gideon  Chase, 
Luther  Baker, 
Benajah  Mason, 
Francis  Baylies, 
Jacob  Chapin, 
Nathaniel  Fales, 
Abiathar  Leonard, 
Ichabod  Lincoln, 
James  Woodward, 
Enoch  French, 
Anthony  Mason, 
Joseph  E.  Read, 
Nathan  C.  Brownell, 
Abner  B.  GifFord, 
Daniel  Wing. 

PLYMOUTH. 

James  Bates, 
Solomon  Alden,  Jr, 
Nathan  Lazell,  Jr. 
Benjamin  Ellis, 
George  P.  Richardson, 
Gershom  B.  Weston, 
Ezra  Kingman,  Jr. 
Zadock  Thompson, 
William  Morse, 

Solomon  Lincoln,  Jr. 

Zephaniah  Willis, 
Asa  Hewit, 


HOUSE  OF  REPRESENTATIVES. 


Marshfield, 
Middlehoro\ 


North  Bridgwater^ 

Pembroke^ 
Plymouth, 
Plympton, 
Rochester, 


Scituate, 

Wareham, 

West  Bridgwater, 


Edward  P.  Little, 
John  Benson, 
Seth  Eaton, 
Zachariah  Eddy, 
William  Nelson, 
Oliver  Pierce, 
Ephraim  Ward, 
Ephraim  Cole, 
Abel  Kingman, 
Kilborn  Whitman, 

Jonathan  Parker, 
Wilson  Barstow, 
Ebenezer  Holmes, 
George  King, 
Joseph  Meigs, 
Samuel  Tolman,  Jr. 
John  B.  Turner, 
Ichabod  Leonard, 
Samuel  Dunbar. 


Barnstable, 


Brewster, 
Chatham, 

Dennis, 

Eastham, 

Falmouth, 

Harwich. 


COUNTY  OF  BARNSTABLE. 

David  Hinckley, 
Jabez  Howland, 
William  Lewis, 
Charles  Marston, 
Elijah  Cobb, 
Joseph  Atwood, 
Joseph  Young, 

Jesse  Collins, 
Thomas  Fish, 
Elijah  Swift, 
Isaiah  Chase, 


HOUSE  OF  REPRESENTATIVES. 


Harwich, 

James  Long, 

Orleans, 

Daniel  Comings, 

John  Doane, 

Provincetown, 

Isaac  Small, 

Sandvj'xh, 

Benjamin  Burgess, 

Truro, 

James  Small, 

Wellfleet, 

Benjamin  R.  Witherell, 

Yarmouth, 

James  Crowell, 

John  B.  Doane. 

DUKES  COUNTY. 


Chilmark, 

Edgartown, 

Tishury, 


Charles  Butler, 
John  P.  Norton. 


COUNTY  OF  NANTUCKET. 

Nantucket,  Hezekiah  Barnard, 

Jared  Coffin, 
George  W.  Gardner, 
James  Mitchell, 
Seth  Pinkham, 


Pelham  W.  Warren,  Esq.  Clerk. 


Jacob  Kuhn,  Messenger  to  the  General  Court, 

Elijah  W.  Cutting,  )  j,,,-,^^^^  Messengers, 

Jacob  Kuhn,  Jr.         ) 

Charles  Pitts,  Page  to  the  House. 


RESOLVES 

OF 

THE  GENERAL  COURT 

OF    THE 

COMMONWEALTH  OF  MASSACHUSETTS, 

PASSED  AT  THEIR  SESSION, 

WHICH    COMMENCF.U   ON    WF.DNESDAY,  TH  E   TWENTY    SEVENTH    OF    MAY,    AND    ENDKO 

ON    FKIDAY,   THE   TWELFTH    OF    JUNE,   ONE  THOUSAND    EIGHT 

HUNDRED   AND    TWENTY-NINE. 

GOVERNOR'S  SPEECH. 

REPRESENTATIVES'  CHAMBER,  MAY  30,  1829. 

At  VZ  0^ clock,  noon,  agreeably  to  assignment,  the  ituo 
Houses  assembled  in  Convention,  when  His  Excellency 
the  Governor  cams  in,  preceded  by  the  Sheriff  of  Suffolk, 
and  attended  by  His  Honor  the  Lieutenant  Governor, 
the  Honorable  Council,  and  the  Secretary,  Treasurer, 
and  Adjutant  General,  and  delivered  the  folloioing 

SPEECH : 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Representatives  : 
It  was  the  Declaration  of  the  Framers  of  our  Republi- 
can form  of  Government,  that  the   "  Legislature  ought 
frequently  to  assemble  for  the  redress  of  grievances,  for 
correcting,  strengthening,  and  confirming  the  Laws,  and 


164  GOVERNOR'S  SPKECH. 

for  making  new  Laws  as  the  common  good  may  re- 
quire." The  performance  of  these  duties  requires  en- 
larged and  comprehensive  views  of  the  great  interests 
of  the  Commonwealth,  and  is  the  highest  service  which 
can  bo  rendered  by  public  agents.  Whatever  may  im- 
prove the  condition  of  the  people  is  within  the  scope  of 
Legislative  action.  The  responsibility  of  preserving 
our  civil  institutions,  of  extending  the  means  of  knowl- 
edge, advancing  the  interests  of  learning,  promoting 
general  improvements  of  country,  cherishing  Agricul- 
ture and  the  Arts,  encouraging  domestic  trade  and  an 
amicable  and  advantageous  intercourse  between  the  cit- 
izens of  our  own  and  our  sister  States,  rests,  in  no  in- 
considerable degree,  with  those,  who  come  here,  more 
especially  to  deliberate  on  subjects  of  local  policy,  but 
whose  sentiments  and  measures  must  often  reach,  in 
their  influence,  beyond  the  limits  of  State  jurisdiction, 
and  greatly  aftect  the  peace,  prosperity  and  happiness 
of  the  United  Nation. 

The  Constitution,  having  appointed  the  period  for 
the  annual  organization  of  the  Legislative  and  Execu- 
tive Departments  of  the  Government,  we  are  now  con- 
vened, pursuant  to  its  positive  injunctions.  I  personal- 
ly meet  you.  Gentlemen,  on  this  occasion,  as  the  imme- 
diate Re[)rcsentatives  of  those,  to  whom  I  am  under  re- 
newed obligations,  for  distiiguished  marks  of  honor  and 
confidence,  to  express,  through  you,  to  my  Fellow  Citi- 
zens, that  becoming  sense  of  gratitude  with  which  I  am 
impressed  for  their  continued  support  and  favor,  to  give, 
here,  solemn  pledges  of  earnest  and  faithful  endeavours 
in  the  discharge  of  office,  to  proffer  to  you,  as  fellow 
servants  of  the  public,  assurances  of  co-operation  in  la- 
bors for  the  common  welfare,  and  to  unite  with  you  in 
humble  acknowledgments  of  dependeRce  upon  the  bles- 


GOVERNOR'S  SPEECH.  165 

sing  of  Almighty  God  for  the  successof  our  joint  endeav- 
ours, and  in  suppHcation  for  His  guidance  and  mercy  in 
the  fulfilment  of  the  duties  which  are  assigned  to  us,  in 
our  respective  stations. 

The    general   sentiments   entertained  by  me  of  the 
measures  of  public  policy  proper  to  be  pursued,  and 
my  estimation  of  the  character  which  the  Executive  ad- 
ministration of  the  Government  should  sustain,  for  labo- 
rious application  to  the   public  service,  for  impartiality 
and  independence  of  party  influence,  for  a  zealous  pros- 
ecution of  the    rights  and  interests  of  the  State,  for  the 
cultivation  of  a  spiritof  harmony  with  the  National  Gov- 
ernment,   and    of  patriotic    regard   to   the  indissoluble 
bond   of  the  Federal    Union,  those  frequent  and  appro- 
priate topics  of  address  on  like  occasions  with  the  pres- 
ent, I  cannot  have  need  again  to  repeat.     Nor,  regard- 
ing the  invariable  usage   of  the  Legislature    to  seek  a 
more  convenient  season  for   the  deliberate  investigation 
and  adoption  of  measures,  which   only  the  ordinary  cir- 
cumstances of  the  Commonwealth  may  require,  will  I,  at 
this  period,  detain  you  by  allusion  to  subjects  which  prob- 
ably, if  proposed,  would   be   referred,  without  prejudice 
to  the  public   interest,  to  an  adjourned  session.     I  beg 
leave  to  be  understood,  in  respectful  anticipation  of  your 
approval,  as  intentionally  postponing  to  that  opportunity 
whatever  is  omitted,  which   should  now,  otherwise,  be 
offered  by  me  to  your  consideration.      The  charge  upon 
the  Treasury,  in  its  present  condition,  from  the  unusu- 
ally large  delegation  to  the  House,  added  to  the  person- 
al inconvenience  of  members  from  any  unexpected  de- 
tention  from  their    private   affairs,  at  this  season  of  the 
year,  furnish  strong  reasons  for  declining  to  enter  upon 
matters,  which  are  not  immediately   urgent,  or  may  not 
be  promptly  matured   and  definitely   acted  upon.     But 


166  GOVERNOR'S  SPEECH. 

few  subjects,  therefore,  and  those  of  most  pressing  inter- 
est, will  be  presented  to  your  attention,  and  on  these  I 
shall  speak  in  terms  of  plainness  and  directness,  and 
with  as  much  brevity,  as  the  occasion  may  justify. 

The  last  Legislature,  by  the  adoption  of  sundry  Reso- 
lutions, submitted  to  the  decision  of  the  people,  through 
their  returns  to  the  present  General  Court,  the  disposi- 
tion which  should  be  made  of  important  propositions  for 
public  improvements,  by  Rail  Roads,  through  the  Com- 
monwealth. You  now  bring  with  you,  Gentlemen,  the 
expression  of  their  opinions,  so  far  as  they  have  been  ob- 
tained, on  this  subject.  If  favourable  to  the  encourage- 
ment of  the  contemplated  enterprizes,  or  either  of  them, 
an  early  decision  upon  the  manner  of  their  accomplish- 
ment will  hasten  their  anticipated  benefits,  by  a  season. 
I,  therefore,  now  earnestly  invite  you  to  the  discussion, 
and  to  a  knowledge  and  comparison  of  the  sentiments  of 
each  other,  and  a  mutual  communication  of  those  of 
your  respective  Constituents.  That  the  great  work  of 
a  Rail  Road  from  Boston  to  the  Hudson  River,  facili- 
tating communication  between  the  Commercial  Capital 
of  this  State  and  the  leading  highway  and  thoroughfare 
from  the  immense  regions  of  the  North  and  West  to  the 
Commercial  Capital  of  the  Union,  is  an  event  to  be  re- 
alized in  the  progress  of  time,  no  one  who  has  the  sligh- 
test acquaintance  with  the  geography  of  the  country, 
and  the  advance  of  population,  with  the  increased  and 
multiplied  occasions  of  business  consequent  upon  it,  can 
reasonably  doubt.  If  we  are  yet  unprepared  for  the  un- 
dertaking, a  generation  not  remote  will  assuredly  effect 
it.  But  we  may  at  least  accelerate  the  work  by  an  ex- 
amination of  the  objections  which  discourage  its  com- 
mencement. Inquiry  and  investigation  will  remove  ob- 
stacles, which  prejudice,  from  the  novelty  of  this  species 


GOVERNOR'S  SPEECH.  167 

of  improvement,  has  hitherto  opposed,  and  give  that 
confidence  to  its  success,  which  will,  ultimately,  either 
impel  by  a  sense  of  public  duty,  or  influence  by  motives 
of  private  interest,  to  its  execution. 

The  first  question  to  be  resolved  is,  do  the  proposed 
Rail  Roads  offer  the  best  practicable  improvement  to 
the  means  of  inter-communication  ;  and  another  enquiry 
of  not  less  complexity  and  difficulty,  in  what  manner  and 
through  what  agency  arc  they  to  be  constructed  ? 

The  information,  which  has  recently  been  diffused 
through  the  community,  of  the  facility  afforded  to  heavy 
transportation,  and  the  ease  and  rapidity  given  to  trav- 
el, by  Rail  Roads,  has  added  the  convictions  of  expe- 
rience to  a  knowledge  of  the  laws  of  matter  and  of  me- 
chanical power  in   their  favor.     If  there  be  any  thing 
which  is  rendered  certain  by  the  testimony  of  personal 
observation,  and  by   a  series  of  experiments  producing 
uniform  results,  it  is  the  fact  of  the  immense  saving  of 
labour  and  expense,  by  the    adoption  of  this  mode  of 
conveyance.     Rail  Roads  have  become  of  familiar  use 
in  England,  and  their  introduction  into  this  country,  so 
far  as  there   has  been  opportunity  for  trial,  has  satisfied 
the  most  sanguine  expectations  of  their  utihty,  here.     It 
is  a  point  now  universally  conceded,  that  wherever  the 
business  of  any  section  of  country  embraces  an  exten- 
sive internal  trade,  requiring  the  constant  transportation, 
at  all  seasons  of  the  year,  of  merchandize  and  passen- 
gers, a  Rail  Road   may  be   safely  and  advantageously 
determined  on.     The  decision  is  wisely  made  to  de- 
pend upon  a  comparison  of  the  probable  extent  of  ac- 
commodation, with  the  estimated  cost  of  construction. 
On  this  head,  in  reference  to  the  projects  now  before 
the  Legislature,  the  best  information  which  can  be  had, 
upon  a  prehminary   examination,  has  been  already  ob- 


168  GOVERNOR'S  SPEECH. 

tained.     The   facts  which  admit  of  precise  ascertain- 
ment, in   distances,  inequalities  of  surface,  preferences 
of  location,  materials,  and  expense  of  assumed  amounts 
of  labour,  are  distinctly  and  confidently  stated  by  diflfer- 
ent  Boards  of  Commissioners,  and  by  skilful  Engineers, 
who  have    presented  their  Reports   to  the  Government, 
and  who   are  officially  responsible  for   the  accuracy  of 
these  details.     Whatever   is  beyond  this,   must,  at  any 
time  hereafter,  as  at  the  present,  rest  in  the  confidence 
of  persona]  opinion.     In  works  of  magnitude,  no  greater 
assurance  of  success  can  ordinarily  be  had  in  advance, 
than  a   reasonable   probability.     The   Legislator,    who 
waits  for  more,  will  be  in  danger  of  passing  his  life  in 
fruitless   indecision,  and   to  the    end  of  it,  may  see  his 
country  without  progress  in  improvement.     Besides,  in 
public   enterprizes,  the  profitable  investment  of  capital 
is  not  the  only  motive  to  action.      Indirect,  consequen- 
tial, and  widely  diffused  benefits,  are  oftentimes  more 
weighty    considerations :     and  of  this  character,  it  is 
readily   conceded,  must  be,  in  a  great  degree,  the   in- 
ducements and  arguments  which  should  prevail   with 
the  Government  to  the  encouragement  of  the  proposed 
undertakings.     If  there  is  any  thing  sound  in  the  max- 
ims of  political  economy,  if  the  councils  of  the  wise  and 
the  conduct  of  the  prudent  can  avail  any  thing,  they 
teach   the  importance  of  facilitating   intercourse,   re- 
ducing the  cost  of  transportation,  saving  manual  labour, 
opening  new  avenues  to  trade,  and  new  markets  to  pro- 
duce.— Profitless   indeed,  useless,  and  worse  than  use- 
less,  were  otherwise  the   researches   and  labours  and 
hitherto  favoured  influences  of  those  mighty  spirits,  who 
have  led  and  are  now  directing  governments  and  indi- 
viduals to  the  accomplishment  of  enterprizes  elsewhere, 
compared  with  which  all  that  is  proposed  here,  is  truly 


GOVERNOR'S  SPEECH.  169 

but  inconsiderable.  Is  it  credible,  that  there  is  nothing 
of  public  advantage  in  works  to  which  several  of  the 
most  enlightened  States  of  the  Union  are  now  applying 
the  utmost  of  their  resources  ?  Are  the  already  con- 
structed Canals  of  New-York  of  no  account,  in  the  un- 
precedented growth  and  prosperity  of  that  powerful 
Commonwealth?  Is  Pennsylvania  wasting  on  idle  and 
valueless  objects  the  millions  appropriated  to  her  pro- 
jects of  internal  improvement?  Will  Ohio  justly  suffer 
the  reproach  of  rash  adventure  in  her  gigantic  schemes 
for  direct  communication  through  the  farthest  West  ? 
Or  shall  Maryland,  encouraged  and  sustained  by  the 
Councils  of  the  Nation,  in  the  amazing  attempts  to  span 
the  lofty  Alleghany,  both  by  Canal  and  Railway,  in  the 
achievements  of  persevering  industry,  afford  no  counten- 
ance to  the  purpose  of  our  limited  endeavour  ?  These 
and  numerous  other  examples  in  our  sister  States,  may 
inspire  us  with  confidence  in  the  character  of  works,  in 
which,  after  every  precaution  of  previous  inquiry  and 
examination,  with  an  assured  and  provident  forecast  of 
advantages,  they  have  so  deeply  and  so  nobly  engaged. 

But  the  question  recurs,  by  whom  shall  the  proposed 
Rail  Roads  in  Massachusetts  be  accomplished  ?  The 
Commissioners  have  recommended,  that  it  be  done  at 
the  charge  and  on  account  of  the  State,  and  to  this  Legis- 
lature was  referred,  by  your  predecessors,  the  responsi- 
bility of  adopting  or  rejecting  the  proposition,  of  assum- 
ing or  aiding  in  the  task,  or  refusing  the  sanction  of  the 
Government  to  it  altogether. 

It  has  been  objected,  that  the  Western  Rail  Road  is 
but  a  matter  of  local  interest,  to  benefit,  in  an  especial 
manner,  the  citizens  of  Boston  and  the  inhabitants  of  a 
narrow  district  of  country  upon  the  route  of  its  location. 
The  like  objection  might  be  applied,  with  equal  pertin- 


170  GOVERNOR'S  SPEECH. 

ency,  to  any   general  improvement.     Those    who   are 
proximate  to  a  public  accommodation,  be  it  of  what  de- 
scription it   may,  from  the  Capitol  of  the  Government, 
the  Temple  of  Worship,    or  the  Hall  of  Justice,  to  the 
School  House  of  a  District,  must  enjoy  its  advantages, 
more  directly  and  in  a   greater  degree,  than  those  who 
are  remote.     Yet  this  argument,    necessarily  resulting 
from  the   nature  of  things,    can  never  be  permitted  to 
prevail  with  liberal  and  enlightened  minds.     If  there  be 
a  place  in  the  Commonwealth  so  situate,  that  it  will  feel 
no  direct   beneficial  influence  from  the  occupation  of 
this  new  Highway,   neither  is  there  a   place  which  will 
be  prejudiced,  in  its  essential  interests,  by  its  construc- 
tion.    To  the  City  of  Boston  indeed,  it  is  believed  to  be 
of  vital  concern.     But  the  streams  of  business,  which  it 
will  pour  into  the  Metropolis,  will  be  returned  to  the  re- 
motest parts  of  the  Commonwealth,  in  the  diffusion  of 
the  treasures  which  trade  and  commerce  produce,  or  in 
a  relief  from  the  burdens  elsewhere,  to  which  accumula- 
ted wealth  will  herehe  subjected.     If  the  City  be  dispro- 
portionately enriched,  precisely  in  the  ratio  of  this  ad- 
vance, will  be  her  liabilities  to  the  contributions  of  the 
State,  and  a  corresponding  reduction  in  the  taxes  of  oth- 
er portions  of  the  Country.     On  the  other  hand,  suffer 
the  course  of  her  prosperity  to  be  arrested,  her  trade  to 
decline,   her  population   to   remove,   her  capital  to  be 
transferred   to   other   Cities,  and   where,  but   upon  the 
Country,  and  upon  whom  but  the  Yeomanry,  will  the  de- 
mands for  the  support  of  Government  be  devolved  !  It 
matters  little   whether  the    Treasury  be  replenished  by 
direct  or  indirect  assessments,  if  the  same  capital  fur- 
nish the  fund  for  the  supplies.     But  the  failure  of  trade 
must  inevitably  diminish  the  present  fund.     The  Bank 
Capital  of  the  City,  which  contributes  largely  to  the  rev- 


GOVERNOR'S  SPEECH.  171 

enue  of  the  State,  now  bears  a  much  higher  proportion 
to  that  of  the  Country,  than  the  valuation  of  the  gener- 
al property  of  the  former  to  that  of  the  latter.  That 
this  must  be  reduced,  unless  business  can  be  extended, 
will  not  be  questioned.  However  and  whenever  it  shall 
be  occasioned,  the  effect  will  immediately  be  experien- 
ced in  the  necessary  imposition  of  new  and  higher  du- 
ties on  the  people  of  the  interior,  to  make  up  the  defi- 
ciency. The  amount  to  be  raised  upon  the  general  val- 
uation will  be  increased,  and  there  may  be  danger  too, 
that  the  aggregate  of  this  valuation,  in  the  City,  may  be 
diminished,  and  the  proportion  between  Town  and 
Country  materially  changed.  It  is  no  less  essential  to 
the  prosperity  of  the  whole  body  politic,  that  the  com- 
mercial capital  of  the  Commonwealth  should  be  sustain- 
ed in  vigor,  than,  in  the  animal  structure,  that  the  heart, 
the  seat  of  life,  which  sends  forth  the  vital  fluid  to  warm 
and  animate  the  extremities,  should  beat  with  strong 
pulsations,  to  preserve  health  and  soundness  in  every  part 
of  the  natural  body. 

A  jealousy  has  unreasonably  been  manifested,  lest  a 
spirit  of  selfishness  may  influence  the  inhabitants  on  the 
route  of  the  proposed  location  of  the  road,  to  advocate 
its  construction,  in  whole  or  in  part,  by  the  Common- 
wealth. It  will  be  alike  a  service  to  the  State,  and  an 
act  of  justice  to  those  whose  motives  are  thus  distrust- 
ed, to  remove  this  unfounded  prejudice.  The  route 
recommended  by  the  Board  of  Commissioners  was  pre- 
ferred by  them,  for  reasons  which  they  have  fearlessly 
submitted  to  public  examination.  These  consist,  in  the 
saving  of  distance,  in  the  less  inequalities  of  surface,  and 
in  a  favourable  difference  in  feasibility  and  cost  of  con- 
struction. The  correctness  of  the  results,  in  these  par- 
ticulars, to  which  the  Commissioners  arrived,  has  no 


172  GOVERNOR'S  SPEECH. 

where  been  controverted.  The  influence  of  the  citi- 
zens, on  the  route,  was  not  ex:ercised  to  produce  them. 
It  so,  in  truth,  happens,  that  in  many  towns  in  this  di- 
rection, there  is  less  of  local  interest  to  induce  to  the 
proposed  improvement,  than  in  places  more  remote. 
The  people  of  no  inconsiderable  section  of  country 
through  which  the  route  passes,  now  enjoy,  by  the  boun- 
ty of  nature,  a  convenient  passage-vv^ay  to  the  Ocean 
and  the  great  markets  on  the  sea  board  ;  while  those  of 
another  section,  not  less  important,  have  opened  to 
them  an  advantageous  avenue  to  trade,  through  a  work 
of  art,  recently  executed  by  the  almost  unassisted  enter- 
prize  of  the  citizens  of  a  neighbouring  State.  The  vallies 
of  the  Connecticut  and  the  Blackstone  are  not  the  Dis- 
tricts of  Country  most  to  be  benefitted  by  the  accommo- 
dation of  Rail  Roads,  nor  will  the  Representatives  from 
those  Districts  justly  incur  suspicion,  if  they  should  be 
found  to  advocate  their  construction.  The  object  is  of 
general  concern. — The  promotion  of  the  great  interests 
of  the  Commoijiwealth, — the  extension  of  domestic 
trade, — the  saving  of  that  tax  on  labor  which  now  bears 
down  the  industry  of  the  Country,  which  leaves  agricul- 
tural produce  to  perish  on  the  land,  from  the  expense 
of  getting  it  to  market,  and  subjects  manufactures  to 
charges  in  transportation  which  absorb  all  profits  in 
their  management, — these  are  motives  for  tlie  patron- 
age of  the  Government  to  the  contemplated  works  of 
improvement.  Without  this  patronage,  exercised  to 
some  extent  in  advancements  towards  expense,  it  is 
much  to  be  feared  they  cannot  be  undertaken,  or  if  un- 
dertaken, that  it  must  be  upon  grants  of  privilege  and 
power  repugnant  to  the  sentiments  of  the  people,  incon- 
sistent with  the  genius  of  a  free  government,  and  im- 
pairing the  controul  and  future  enjoyment,  by  the  com- 


GOVERNOR'S  SPEECH.  173 

munity,  of  the  capacities  of  country  for  other  purposes, 
and  possibly,  still  higher  objects.  Let  the  subject,  then, 
be  viewed  carefully,  patiently,  and  without  excitement, 
and  if  upon  faithful  investigation  it  shall  be  found  en- 
titled to  favour,  let  that  measure  of  encouragement  and 
support  be  accorded  to  the  work,  which  shall  secure  its 
effectual  and  most  advantageous  accomplishment. 

It  cannot  but  be  my  duty,  however  painful  to  myself 
or  unacceptable  to  others,  renewedly  to  present  to  the 
notice  of  the  Legislature  the  subject  of  the  fiscal  con- 
cerns of  the  Commonwealth.  The  receipts  of  reve- 
nue continue  to  fall  short  of  the  ordinary  expenses  of 
the  administration  of  the  Government.  In  compliance 
with  a  request  addressed  by  me  to  the  Treasurer,  that 
accurate  and  vigilant  officer  has  furnished  an  abstract 
from  his  accounts  since  the  commencement  of  the  year, 
by  which  it  appears,  that  the  debt  of  the  Common- 
wealth has  been  necessarily  and  greatly  increased,  un- 
der the  authority  of  the  Legislature  to  borrow  of  the 
Banks.  On  the  first  of  January  last,  the  aggregate  sum 
due  to  those  institutions  was  seventy  thousand  dollars. 
It  now  amounts  to  one  hundred  and  three  thousand 
DOLLARS.  There  was  of  cash  in  the  Treasury,  on  the 
morning  of  the  21st  of  May,  at  which  time  the  abstract 
was  furnished,  ^^23,035:^^,  subject  however  to  demands 
for  payments  on  rolls  and  warrants  then  in  the  office, 
including  a  small  balance  of  five  per  cent  public  debt, 
of  ;^11,263  f^,  leaving  a  balance  between  the  money 
and  the  claims  upon  it,  at  that  time,  of  y$f  11,772-^ 
only.  The  Treasurer,  in  a  communication  accompany- 
ing his  statement,  observes,  that  "  for  the  current  ex- 
penses of  Government,  including  the  pay  of  the  Honor- 
able Legislature,  a  large  sum  will  probably  be  needed 
in  all  the  month  of  June,  and  it  seems  necessary  there- 


174  GOVERNOR'S  SPEECH. 

fore,  that  the  Legislature  should  renew  the  Treasurer's 
authority  to  borrow,  at  an  early  period  of  the  session." 
Upon  this  official  exposition  of  the  condition  of  the 
finances  of  the  State,  it  is  with  increased  earnestness 
and  solicitude,  that  I  recommend  to  you  the  grant  of  a 
tax,  at  the  present  session,  sufficient,  at  least,  to  pre- 
vent any  further  accumulation  of  debt,  and  to  redeem 
some  part  of  what  is  already  incurred.  A  postpone- 
ment to  the  winter  session  must  inevitably  add  the  ex- 
cess of  the  expenditures  of  the  current  year  to  the  sum 
already  to  be  provided  for.  It  must  have  become  mani- 
fest to  every  intelligent  mind,  that  a  recurrence  to  the 
former  mode  of  obtaining  revenue  by  taxes,  in  some 
proportion  to  the  amount  required  by  the  exigencies  of 
the  Government,  can  no  longer  be  dispensed  with. 
The  public  interest  demands  the  measure.  The  sys- 
tem of  assessment  is  equal,  just,  and  as  little  oppressive 
in  its  operation,  as  any  method  which  has  been,  or  can 
be  resorted  to.  From  the  establishment  of  the  Govern- 
ment, until  within  a  few  years  past,  it  was  the  invari- 
able manner  of  furnishing  supplies  to  the  Treasury 
greatly  beyond  what  are  now  required.  The  character 
of  the  State  is  reproached  by  the  occasion  of  a  continu- 
ed resort  to  loans,  from  unwilling  Corporations,  to  meet 
appropriations  for  the  most  common  purposes  of  the 
Government.  Nor  is  it  just  to  these  institutions  to  co- 
erce them  to  the  accommodation.  However  general 
are  the  terms  of  the  obligation  expressed  in  their  char- 
ters, it  was  never  designed  nor  contemplated,  that  they 
should  be  enforced  on  ordinary  occasions.  It  is  upon 
sudden  and  unforeseen  emergencies,  or  under  peculiar 
and  unusual  circumstances  only,  that  this  recourse 
should  be  had.  It  is  an  oppression  too,  upon  the  citi- 
zens, in  their  business  transactions,  which  often  depend 


GOVERNOR'S  SPEECH.  175 

upon  facilities  to  be  derived  from  Banks,  that  they  are 
subjected  to  disappointments  from  the  necessity  im- 
posed upon  the  corporations  of  a  prompt  comphance 
with  the  Treasurer's  requisitions.  If  the  occasion  for 
borrowing  cannot  now  be  provided  against,  how  is  the 
demand  for  payment,  hereafter,  to  be  met  ?  Will  the 
people  be  more  ready  to  submit  to  taxation  to  extin- 
guish a  debt,  than  they  are  to  prevent  it  from  being  con- 
tracted ?  Will  any  state  of  the  country  better  justify  a 
reasonable  exaction,  than  its  present  peaceful  and  pros- 
perous condition  ?  I  trust  there  is  but  one  sentiment  on 
this  subject,  and  that  immediate  and  adequate  provision 
will  be  made  to  relieve  the  Commonwealth  from  the 
humiliation  of  further  dependence  upon  loans,  and  the 
people,  from  the  more  grievous  apprehensions  of  a  debt, 
rapidly  accumulating,  without  reference  to  time,  or 
manner,  or  appropriation  of  funds,  for  its  redemption. 

The  Warden  of  the  State  Prison  has  recently  pre- 
sented to  the  Executive  his  semi-annual  statement  of 
the  affairs  of  the  Institution,  which,  for  its  interesting 
details,  and  the  many  important  suggestions  it  contains, 
proper  for  your  consideration,  will  be  laid  before  you. 
It  will  be  seen,  with  satisfaction,  that,  under  the  vigi- 
lant police  which  has  been  established,  and  the  scrupu- 
lous accountability  which  is  required  of  the  officers,  the 
expenses  are  gradually  diminishing ;  and  that  further 
considerable  deductions  may  reasonably  be  looked  for. 
The  New  Prison  will  probably  be  completed  in  the 
month  of  August,  when,  by  the  provisions  of  the  late 
statute,  the  number  of  officers  is  to  be  greatly  diminish- 
ed. The  anxiety  expressed  by  the  Warden,  on  this  sub- 
ject, deserves  your  particular  regard.  In  his  judgment 
the  number  of  Watchmen  proposed  to  be  retained,  will 
be  too  few,  to  afford  confidence  in  the  safe  keeping, 


176  GOVERNOR'S  SPEECH. 

and  government  of  the  prisoners.  Concurring  with  him 
in  the  opinion  that  more  officers  than  the  law  contem- 
plates, upon  the  completion  of  the  building,  will  be  re- 
quired, to  prevent  attempts  at  escape  and  enforce  dis- 
cipline, while  the  convicts  are  at  their  labor,  in  the 
manner,  and  at  the  different  places  in  the  shops,  in  the 
yard,  and  upon  the  wharves,  where  they  must  necessa- 
rily be  employed,  I  advise  to  an  alteration  of  the  stat- 
ute, so  far,  as  to  authorize  retaining  the  number  of 
watchmen  proposed  in  his  communication. 

I  recommend  also  to  your  inquiry,  the  propriety  of 
adopting  his  suggestion  for  the  appointment  of  a  super- 
intendent of  the  Hospital,  and  to  your  consideration,  his 
remarks,  in  respect  to  the  treatment  of  the  convicts 
upon  their  discharge  from  a  second  commitment.  Of 
the  expediency  of  the  first  measure,  I  am  not  sufficient- 
ly informed,  and  upon  the  latter,  the  objection  does  not 
strike  my  mind  with  the  force  which  he  expresses.  His 
opinions,  however,  are  entitled  to  much  respect,  as  his 
character  and  conduct,  as  an  intelligent,  efficient,  and 
most  devoted  officer,  is  worthy  of  all  confidence. 

Pursuant  to  a  Resolve  of  the  25th  of  February  last, 
as  soon  as  I  was  informed  of  the  arrangement  of  the 
officers  of  the  National  Government,  under  the  present 
Administration,  I  applied  to  the  Secretary  of  War,  for  a 
copy  of  the  report  of  the  surveys  made  by  the  authority 
of  the  United  States,  for  a  canal  route  from  Boston 
Harbour  to  Narragansett  Bay,  with  copies  of  such 
plans,  maps,  or  estimates,  as  might  accompany  the  re- 
port, for  the  use  of  the  Government  of  this  Common- 
wealth. The  reply  of  the  Secretary,  of  the  date  of  the 
30th  of  March,  assured  me,  that  copies  should  be  furn- 
ished as  early  as  the  same  could  be  prepared.  They 
have  not  yet  been  received 


GOVERNOR'S  SPEECH.  177 

In  execution  of  the  authority  of  a  special  Resolve, 
passed  at  the  last  session  of  the  Legislature,  the  Board 
of  Internal  Improvement  have  recently  made  examina- 
tions and  surveys  for  a  route  for  a  Rail  Road  from 
Plymouth  to  Wareham,  in  the  County  of  Plymouth. 
Their  Report  shows  the  practicability  of  the  construc- 
tion. The  distance  from  tide  waters  in  Plymouth  to 
Wareham  Landing,  by  the  proposed  route,  is  fourteen 
and  a  half  miles  ;  and  but  three  fourths  of  a  mile  great- 
er, than  by  a  right  line.  The  greatest  elevation  of  the 
road  will  not  exceed  the  rate  of  seventy  feet  to  a  mile,  and 
this  upon  a  short  section.  The  summit  elevation  above 
high  water  is  found  to  be  two  hundred  feet,  and  the  en- 
tire change  of  level,  through  the  whole  route, /our  hun- 
dred and  fifty  nine  feet.  The  expense  of  a  single  Rail- 
way is  estimated  at  from  ^7,500  to  8,000  per  mile,  the 
difference  depending  upon  the  facility  of  procuring  sup- 
plies of  granite  for  the  foundation. 

Copies  of  Resolutions  of  the  Legislature  of  Louisiana, 
proposing  that  the  Constitution  of  the  United  States,  in 
the  first  section  of  the  second  article,  be  so  amended, 
that  the  President  and  Vice  President  shall  hold  their 
offices  for  six  years,  and  that  the  President  shall  be  in- 
eligible afterwards ;  of  Resolutions  of  the  Legislature  of 
South  Carolina,  denying  the  powers  of  the  General 
Government  to  adopt  a  system  of  Internal  Improvement 
as  a  National  Measure,  and  to  regulate  duties  upon  im- 
ports for  the  purpose  of  encouraging  domestic  industry, 
and  also  the  right  of  Congress  to  patronize  the  Ameri- 
can Colonization  Society  ;  and  copies  of  the  proceed- 
ings of  the  General  Assembly  of  Virginia,  in  relation  to 
certain  other  proceedings  of  the  Legislatures  of  South 
Carohna  and  Georgia,  upon  the  subjects  of  the  Tariff 
acts  and  the  acts  for  Internal  Improvements,  have  been 
24 


178    -  GOVERNOR'S  SPEECH. 

received  by  me  from  the  Governors  of  those  States  re- 
spectively, and  will  be  submitted  to  you,  in  respectful 
compliance  with  the  requests  which  accompany  their 
transmission.  The  subjects  referred  to  in  the  proceed- 
ings of  South  Carolina  and  Virginia,  have  been  pre- 
sented to  the  attention  of  the  Legislature  of  Massachu- 
setts, on  repeated  occasions.  But  I  am  not  aware,  that 
the  proposition  contained  in  the  Resolutions  of  the  Le- 
gislature of  Louisiana,  has  ever  been  acted  upon,  by 
this  Government. 

It  has  become  my  duty  to  apprize  the  two  Branches 
of  the  Legislature,  that  a  vacancy  exists  in  the  office  of 
Major  General  of  the  Fourth  Division  of  the  Militia,  by 
the  resignation  of  Major  General  Asa  Howland,  who, 
after  an  exemplary  course  of  services  for  a  series  of 
years,  in  successive  grades  of  advancement,  has  been 
honorably  discharged. 

Matters  of  much  moment  will  urge  themselves  upon 
your  notice,  during  the  present  political  year.     Human 
ity,  justice  and  good  policy,  alike  demand  a  revision  of 
the  laws  relating  to  imprisonment  for  debt,  and  some 
relief  to  the  present  condition  of  the  honest  and  unfor- 
tunate insolvent.     An  attempt  to  reduce  within  conven- 
ient limits  the  delegation  to  the  House  of  Representa- 
tives, and   lessen  the  expense  of   legislation,  and    the 
measures  proper  to  be  adopted  to  enforce  the  claim  of 
the  State  upon  the  General  Government,  cannot  fail  to 
receive  your  earnest  attention,  at  the  fit  opportunity. 
Whatever  your  wisdom  shall  propose  in  the  disposition 
of  these  and  other  subjects  of  general  concern,  will  meet 
with  that  aid  and  support  from  me,  which  a  faithful  de- 
sire to  fulfil  acceptably,  the  duties  of  my  station,- should 

secure. 

LEVI  LINCOLN. 

State  House,  Boston,  May  30,  1829. 


MESSAGE.  179 


CHAP.  I. 


To  the  Honorable  Senate  and 

House  oj  Representatives. 

The  Secretary  is  charged  wlfti  the  delivery,  to  both 
Branches  of  the  Legislature,  of  copies  of  the  Docu- 
ments referred  to  in  my  communication  of  this  morning. 

LEVI  LINCOLN. 
Council  Chamber,  May  30,  1829. 


CHAP.  II. 

A  Resolve  authorizing  the  County  Commissioners  of  the 
County  of  Bristol  to  issue  a  Warrant  for  the  County 
tax  upon  the  town  of  Westport  in  said  County,  for  the 
year  1828. 

June  5,  1829. 

Whereas,  the  warrant  issued,  by  order  of  the  County 
Commissioners  for  the  County  of  Bristol,  on  the  first 
Tuesday  of  May  1828,  to  the  Assessors  of  the  town  of 
Westport  in  said  County,  for  their  proportion  of  the 
county  tax  for  said  year,  was  never  received  by  said 
Assessors,  and  the  tax  aforesaid  was  never  assessed  or 
paid  into  the  Treasury  of  said  County  of  Bristol ;  there- 
fore, 

Resolved,  that  the  County  Commissioners  of  the 
County  of  Bristol,  be,  and  hereby  are  authorized,  to  is- 
sue a  warrant  to  the  assessors  of  the  town  of  Westport 
in  said  County,  requiring  them  to  assess  upon  said  town 
the  sum  of  six  hundred  and  twenty  five  dollars  and  thirty 
four  Cents,  being  their  proportion  of  the  county  tax  for 
the  year  1828,  to  be  collected  and  paid  into  the  Treas- 
ury of  said  County  for  the  purposes  for  which  it  was  orig- 


180        DISTRIBUTION  OF  REPORTS. 

inally  granted  ;  and  be  it  further  Resolved^  that  the 
County  Commissioners  aforesaid,  are  hereby  authorized  to 
meet  at  Taunton,  within  and  for  said  County,  on  the  third 
Tuesday  of  June,  A.  D.  1829,  for  the  purpose  aforesaid  ; 
and  said  County  Commissioners  are  further  authorized 
to  do  and  perform  at  said  meeting  all  such  acts  as  they 
now  can  legally  do,  a:  either  of  the  regular  sessions  of 
said  Commissioners  established  by  law  in  said  County. 


CHAP.  III. 

A  Resolve  for  the  further  Distribution  of  the  Copies  of  the 
Report  of  the  Board  of  Directors  of  Internal  Im- 
provements. 

June  6,  1829. 

Resolved^  That  the  Copies  of  the  Report  of  the  Board 
of  Directors  of  Internal  Improvements,  reserved  by  the 
provisions  of  a  Resolve  dated  the  second  day  of  Febru- 
ary, one  thousand  eight  hundred  and  twenty  nine,  for 
the  future  disposition  of  the  Legislature,  be  distributed  as 
follows,  viz.  the  Secretary  of  the  Commonwealth  is 
hereby  authorized  to  deliver,  to  each  member  of  the 
Senate,  and  to  each  member  of  the  House  of  Represen- 
tatives, who  has  not  already  received  one,  a  Copy  of 
the  Report  of  the  Board  of  Directors  of  Internal  Im- 
provements of  the  State  of  Massachusetts,  on  the  practi- 
cability and  expediency  of  a  Rail  Road  from  Boston  to 
the  Hudson  River,  and  from  Boston  to  Providence." 


PAY  OF  MEMBERS.— BORROW  MONEY.    181 


CHAP.  IV. 

Resolve  for  the  pay  of  the  Council,  Senate,  and  House  of 
Representatives. 

June  8,  1829. 

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  ev- 
ery days  attendance,  as  such,  the  present  political  year, 
and  the  like  sum  of  two  dollars,  for  every  ten  miles 
travel  from  their  respective  places  of  abode,  once  in  each 
session,  to  the  place  of  the  sitting  of  the  General  Court  ; 
and  also  to  each  member  of  the  Council,  two  dollars,  for 
each  day's  attendance  at  that  Board,  at  every  session 
thereof  during  the  present  political  year,  and  the  like 
sum  of  two  dollars,  for  every  ten  miles  travel,  from  their 
respective  places  of  abode  once  in  each  session  thereof; 
and  to  the  President  of  the  Senate  and  Speaker  of  the 
House  of  Representatives,  each,  two  dollars,  for  each 
and  every  day's  attendance,  in  addition  to  their  pay  as 
members. 


CHAP.  V. 

Resolve  authorizing  the  Treasurer  to  borrow  money. 

June  9,  1829. 

Resolved,  That  the  Treasurer  of  this  Commonwealth 
be  and  he  is  hereby  authorized  and  directed  to  borrow, 
of  any  of  the  Banks  of  this  Commonwealth,  or  any  Cor- 
poration therein,  or  of  any  individual  or  individuals,  such 
sum  or  sums,  as  may  from  time  to  time  be  necessary  for 
the  payment  of  the  ordinary  demands  on  the  Treasury, 


182  MESSAGE. 

at  any  lime  before  the  next  session  of  the  present  Gener- 
al Court ;  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  in  the  Treasury  ; 
Provided  however,  that  the  whole  amount  borrowed  by 
authority  hereof,  and  remaining  unpaid,  shall  not,  at 
any  time,  exceed  the  sum  of  one  hundred  and  twenty 
thousand  dollars. 


CHAP.  VI. 

To  the  Honorable  Senate,  and 

House  of  Representatives. 

I  have  pleasure  in  communicating  to  the  Legislature, 
the  presentation,  by  Moses  Greenleaf,  Esq.  for  the  ac- 
ceptance of  the  Executive  and  Legislative  Departments 
of  this  Government,  of  three  copies  of  a  Survey  and 
Map  of  the  State  of  Maine,  recently  executed  by  him. 
The  Secretary  is  charged  with  delivering  one  copy  to 
each  Branch  of  the  Legislature,  while  the  remaining 
copy  is  retained  in  the  Council  Chamber. 

This  hberal  and  valuable  donation,  which  is  offered 
as  a  memorial,  in  the  language  of  the  donor,  "  of  the 
"  most  gratifying  recollections  of  the  favourable  notice 
*'  received  on  a  former  occasion  from  the  Legislature  of 
"  his  native  state,"  will,  doubtless,  meet  that  respectful 
regard  and  acknowledgment,  with  which  so  gratifying 
an  expression  of  his  sentiments  should  be  reciprocated. 
His  letter  accompanying  the  Maps,  is  transmitted  with 
this  communication,  for  the  notice  of  the  Legislature. 

LEVI  LINCOLN. 
Council  Chamber,  June  9,  1829. 


S.  WARRINER,  fcc— PRISON  DIS.  SOC.     183 

CHAP.  VII. 

Resolve  on  the  petition  of  Solomon  Warriner  and  others. 

June  10,  1829. 

Resolved,  That  William  H.  Sumner,  Adjutant  Gene- 
ral, be,  and  he  is  hereby  authorized  to  release  by  deed, 
to  any  person  or  persons,  all  the  right  of  the  Common- 
wealth in  and  to  a  certain  tract  of  land  in  the  town  of 
Springfield,  on  which  the  Gun  House  now  stands,  and 
which  was  conveyed  to  the  Commonwealth  by  William 
Sheldon,  on  the  sixteenth  day  of  June,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirteen,  bound- 
ed westerly  on  the  burying  ground,  northerly  on  Elm 
street,  easterly  and  southerly  by  land  formerly  of  said 
Sheldon,  now  of  Charles  Stearns  :  Provided,  that  anoth- 
er tract  of  land,  of  the  usual  dimensions  for  erecting  a 
Gun  House  thereon,  shall  be  conveyed  to  said  Common- 
wealth, which,  in  the  opinion  of  the  Adjutant  General, 
shall  be  suitable  therefor,  and  that  the  said  Gun  House 
be  removed  on  to  the  same,  and  put  into  repair  without 
any  cost  to  the  Commonwealth.     . 


CHAP.  VIII. 

Resolve  Jor  purchasing  Report  of  Prison  Discipline  Society, 

June  10,  1829. 

Resolved,  That  the  Secretary  of  the  Commonwealth 
be  authorized  to  purchase,  for  the  use  of  the  Legislature 
and  Executive,  six  hundred  copies,  of  the  Fourth  Annu- 
al Report  of  the  Prison  Discipline  Society  ;  Provided, 
that  the  price  thereof  shall  not  exceed  twenty  five  cents 
per  copy* 


184       ELISHA  LUCE.— OLIVER  HOLDEN. 

CHAP.  IX. 

Resolve  on  the  petition  of  Elisha  Luce, 
June  10,  1829. 

On  the  petition  of  Elisha  Luce,  praying  that  he  may 
be  allowed  to  build  a  wharf  in  Scippicun  harbour,  in 
Rochester,  in  the  County  of  Plymouth,  below  low  wa- 
ter mark,  and  that  he  may  enjoy  the  exclusive  use  of  the 
water  between  the  lines  of  his  land  in  said  petition  men- 
tioned, without  interfering  with  the  rights  of  others,  to  the 
Channel  of  said  harbour  ; 

Resolved,  That,  for  reasons  set  forth  in  said  petition, 
the  said  Elisha  Luce  be,  and  he  hereby  is  authorized 
and  allowed,  to  build  a  wharf  below  low  water  mark  to 
the  channel  of  said  harbour,  and  that  he  be  allowed  the 
exclusive  use  of  the  water,  for  the  use,  accommodation 
and  occupation  of  said  wharf  between  his  said  land  and 
the  main  channel  of  said  harbour,  and  within  the  direc- 
tion of  the  lines  of  his  said  land  ;  Provided,  that  this 
grant  shall  in  no  wise  affect  the  legal  rights  of  any  oth- 
er person  or  persons  whatsoever. 


CHAP.  X. 

Resolve  on  the  petition  of  Oliver  Holden,  Executor  of  the 
last  will  of  John  P.  Clark. 

June  11,  1829. 

Resolved,  For  the  reasons  set  forth  in  said  petition,  that 
Oliver  Holden  of  Charlestown,  in  the  County  of  Middle- 
sex, Executor  of  the  last  will  and  testament  of  John  P. 
Clark,  formerly  of  Boston  in  the  County  of  Suffolk,  de- 
ceased, be  and  he  hereby  is  authorized,  at  any  time 
within  two  months  after  the  passing  of  this  Resolve.  *^ 


TREASURER  TO  EXAMINE  ACCOUNTS.  185 

make  and  file  in  the  Probate  office,  in  said  County  of 
Sufiblk,  liis  affidavit,  setting  forth  the  time,  place  and 
manner  in  which  he  gave  notice  of  the  sale  of  certain 
real  estate  of  said  deceased,  situate  in  said  Boston,  and 
which  the  said  Holden  was  licensed  to  sell  by  virtue  of 
an  order  of  the  Boston  Court  of  Common  Pleas,  and 
such  affidavit  being  so  filed  shall  be  evidence  of  the 
time,  place  and  manner  in  which  such  notice  was  given, 
and  be  as  effectual  for  all  purposes,  as  if  the  same  had 
been  made  and  tiled  in  said  Probate  office,  within  the 
time  prescribed  by  law. 


CHAP.  XI. 

A  Resolve  requiring  the  Treasurer  to  examine  ami  audit 
accounts  against  the  Commonwealth. 

June  11,  1829. 

Resolved,  That  the  Treasurer  of  this  Commonwealth, 
for  the  time  being,  be,  and  he  is  hereby  required,  to  ex- 
amine and  audit  all  accounts  presented  against  the 
State,  (except  such  wherein  the  settlement  is  otherwise 
provided  for,  and  also  excepting  military  accounts  and 
the  accounts  for  the  support  of  Paupers)  and  shall  make 
a  detailed  report  thereof,  classified  under  their  appro- 
priate heads,  to  the  Legislature,  on  the  second  Monday 
of  the  first  session  and  the  fourth  Wednesday  of  the 
second  session  of  the  General  Court,  in  each  year,  of  all 
accounts  which  have  been  presented  in  the  form  pre- 
scribed by  law.  He  shall  also  in  like  manner  report 
what  claims  have  been  presented,  for  which  the  vouch- 
ers to  support  them  do  not  conform  to  the  requirements 
adopted  by  the  Legislature,  with  a  full  statement  of  all 
the  information  he  may  have  become  possessed  of  in  re- 
lation to  such  claims. 
25 


186     STATE  PRISON.— BENJAMIN  SIMON. 

CHAP.  XII. 

Resolve  making  an  appropriation  for  the  State  Prison. 

June  11,  1829. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth,  for  the  use  of  the  State 
Prison,  the  sum  of  thirteen  thousand  forty  dollars,  and 
ninety  two  cents,  to  be  drawn  from  the  Treasury  by  the 
Warden  of  said  Prison,  in  such  sums  as  the  Governor, 
with  the  advice  of  Council,  shall,  from  time  to  time,  di- 
rect ;  and  his  Excellency  the  Governor,  with  the  advice 
of  the  Council,  is  hereby  authorized  and  requested  to 
draw  his  warrant  on  the  Treasury  for  the  said  sum  ac- 
cordingly. 


CHAP.  XIII. 

Resolve  on  the  petition  of  Benjamin  Simon. 

June   11,  1829. 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
Nathaniel  Staples,  of  Middleborough  in  the  County  of 
Plymouth,  be  and  he  hereby  is  appointed  Trustee  of  the 
property  of  Benjamin  Simon  an  Indian,  with  the  same 
authority  and  power  as  was  granted  to  John  Tinkham 
Esquire,  late  of  said  Middleborough,  deceased,  in  and 
by  a  resolve  passed  the  seventh  day  of  March  1811, 
whereby  said  Tinkham  was  appointed  trustee  of  said 
property  of  said  Simon. 


PAY  OF  CLERKS.— FUEL.  187 

CHAP.  XIV. 

Resolve  for  the  pay  of  the  Clerks  of  the  tivo  Houses. 

June  11,  1829. 

Resolved,  That  there  be  paid,  out  of  the  Treasury  of 
this  Commonwealth,  to  the  Clerk  of  the  Senate,  eight 
dollars  per  day,  to  the  Clerk  of  the  House  of  Represen- 
tatives ten  dollars  per  day,  and  to  the  Assistant  Clerk  of 
the  Senate,  six  dollars  per  day,  for  each  and  every  day's  at- 
tendance, they  may  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  ac- 
cordingly. 


CHAP.  XV. 

Resolve  to  provide  fuel  and  other  articles  for  the  use  of  the 
Commonwealth. 

June  11,  1829. 

Resolved,  That  there  be  paid,  out  of  the  Treasury  of 
this  Commonwealth,  to  Jacob  Kuhn,  Messenger  of  the 
General  Court,  the  sum  of  one  thousand  dollars,  to  ena- 
ble him  to  purchase  fuel,  and  such  other  articles  as  may 
be  necessary  for  the  use  of  the  General  Court,  together 
with  the  Governor's  and  Council's  Chamber,  the  Secre- 
tary's, Treasurer's,  Adjutant  General's  Office,  and  also  for 
the  Land  Office ;  he  to  be  accountable  for  the  expendi- 
ture of  the  samej  and  the  Governor  is  requested  to 
draw  his  warrant  accordingly. 


188  JOHN  V.  LOW.— JACOB  KUHN. 

CHAP.  XVI. 

Resolve  for  pay  of  John  V.  Low. 

June  11,   1829. 

Resolved,  That  there  be  allowed  and  paid,  from  the 
Treasury  of  this  Commonwealth,  to  John  V.  Low,  As- 
sistant Messenger  to  the  Governor  and  Council,  two  dol- 
lars per  day,  for  each  and  ev^ry  day  he  has  been  or  may 
be  employed  in  that  capacity  during  the  present  session 
of  the  Council,  and  the  Governor  with  the  advice  of 
Council  is  requested  to  draw  his  warrant  accordingly. 


CHAP.  XVII. 

Resolve  for  the  pay  of  Jacob  Kuhn. 

June  11,  1829. 

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, 
including  those  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,  the  sum  of  one 
thousand  dollars,  payable  quarterly  ;  and  the  Governor 
is  requested  to  draw  his  warrant  accordingly. 


KIRK  BOOT  AND  OTHERS.— RAILROAD.    189 

CHAP.  XVIII. 

Resolve  on  the  petition  of  Kirk  Boot  and  others. 

June  11,  1829. 

Resolved,  For  reasons  set  forth  in  the  petition  of  Kirk 
Boot  and  others,  His  Excellency  be,  and  he  is  hereby  au- 
thorized to  appoint  a  competent  Engineer,  to  make  a 
survey  for  a  Railroad  from  the  Town  of  Lowell  to  the 
City  of  Boston,  the  said  Engineer  to  make  report  of  such 
survey,  together  with  a  map  thereof,  and  estimates  of 
the  expense  of  constructing  such  work,  to  the  Governor 
and  Council,  as  soon  as  may  be  after  such  survey  and 
estimates  have  been  completed,  that  the  Governor  may 
lay  the  same  before  the  Legislature  at  the  first  session 
thereof  next  ensuing.  Provided,  the  expenses  of  the  said 
survey,  map  and  estimates,  shall  not  exceed  the  sum  of 
two  hundred  and  fifty  dollars. 


CHAP.  XIX. 

Resolve  for   the   Survey  of  a  Railroad  in  the  County  of 

Bristol. 

June  12,  1829. 

Resolved,  That  the  Board  of  Commissioners  of  Inter- 
nal Improvements,  who  were  appointed  in  pursuance  of 
a  Resolve  passed  on  the  twenty  second  day  of  February, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
twenty  seven,  be  directed  to  survey  a  route  for  a  Rail- 
road from  the  town  of  Taunton  to  some  point  in  the 
route  already  surveyed  between  Boston  and  Providence, 
Provided  that  the  expense  to  the  State,  of  such  survey, 
shall  not  exceed  the  sum  of  two  hundred  and  fiftv  dol- 


190       TREAS.  OF  ESSEX.~S.  HUBBARD. 

lars.  And  said  Commissioners  are  directed  to  make 
their  report  to  the  Governor  and  Council,  as  soon  as 
may  be  after  completing  said  survey,  that  the  same  may 
be  laid  before  the  Legislature  at  the  first  session  there- 
of next  ensuing. 


CHAP.  XX. 

Resolve  in  favour  of  the  Treasurer  of  the  County  of  Essex. 

June  12,  1829. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
pubhc  Treasury,  to  William  Foster  Wade,  Esq.  Treas- 
urer of  the  County;^of  Essex,  the  sum  of  five  hundred  and 
seventeen  dollars  and  eighty  four  cents ;  being  the 
amount  paid  by  said  Treasurer  for  the  support  of  sundry 
State  Paupers  confined  in  the  House  of  Correction  in 
said  County  of  Essex,  from  the  15th  of  Oct.  1828,  to  the 
13th  of  April  1829,  agreeably  to  an  act  passed  March 
10,  1827. 


CHAP.  XXI. 

Resolve  on  the  petition  of  Samuel  Hubbard,  as  Guardian 
of  Thomas  Hancock,  a  person  non  compos  mentis. 

June  12,  1829. 

On  ^the  petition  aforesaid  ;  Resolved,  that  the  said 
Samuel  Hubbard,  for  reasons  set  forth  in  his  petition, 
be  authorized,  as  Guardian  of  said  Thomas  Hancock, 
and  he  is  hereby  authorized  and  empowered,  to  purchase 
for  said   Thomas,  on  such  terms  as   he  may  think  rea- 


PETITION  OF  SAMUEL  HUBBARD        191 

sonable,  the  life  estate  of  Mrs.  Dorothy  Scott,  in  the 
whole  or  any  part  of  the  Mansion  house  estate  of  the 
late  Governor  Hancock  in  Beacon  Street,  in  Boston,  of 
which  said  Thomas  now  owns  the  reversion. 

And  said  Hubbard  is  further  authorized  and  empow- 
ered, to  sell  and  convey  all  or  any  part  of  the  estate  and 
interest  of  said  Thomas  Hancock  in  lands  in  Beacon 
and  Belknap  Streets  in  Boston,  which  belonged  to  the 
late  Governor  Hancock,  at  public  or  private  sale,  for 
cash  or  credit,  and  on  such  terms  as  he  shall  judge  for 
the  interest  of  said  Thomas,  Provided  however,  that  said 
Hubbard  shall  first  give  bond  to  the  Judge  of  Probate 
for  the  County  of  Suffolk,  with  surety  or  sureties,  in 
such  sum  as  shall  be  satisfactory  to  said  Judge,  faithful- 
ly to  account  for  the  proceeds  of  any  sale  which  may 
be  made  under  the  provisions  of  this  Resolve. 


ROLL,  No.  101 JUNE,  1829. 


The  Committee  on  Accounts  having  examined  the 
several  accounts  presented  to  them,  Report, 

That  there  is  due  to  the  several  Corporations  and 
persons  hereinafter  mentioned,  the  sums  set  against  their 
names  respectively,  which,  when  allowed  and  paid,  will 
be  in  full  discharge  of  the  said  accounts,  to  the  dates 
therein  mentioned,  which  is  respectfully  submitted. 
By  order  of  said  Committee, 

ELIHU  HOYT,  Chairman. 


PAUPER  ACCOUNTS. 

Amesbury,  for  support  of  Robert  Baker,  and 
James  Richards,  and  Burial  of  Benjamin 
Felker,  to  May,  29,  1829.  ^42  80 

Abington,  for  support  of  David  Jack  and  wife, 
and  burial  of  said  David,  support  of  An- 
tonio  Julo,    Stephen   Long    and   wife,   to    . 
June  3,  1829,  177  16 

Amherst,  for  support  of  Jane  and  Polly  Rich- 
ardson, to  June  1,  1829,  93  60 


PAUPER  ACCOUNTS.  193 

Adams,  for  support  of  Chester  Dean,  Phila 
Hill,  Jeremy  Derry  and  wife,  Robert  Harris, 
Ebenezer  Lilly,  Sarah  Goodrich,  Uriah 
Carpenter,  Sarah  Dodge,  Molly  Dimon,  Ag- 
nes Morris,  and  Daniel  Hannah,  to  May  19, 
1829,  202  92 

Becket,  for  support  of  Siba  Hamblin  and  Ma- 
ria Parker,  to  May  25,   1829,  38  31 

Blandford,  for  support  of  John  H.  Durlam, 
Susan  Burdick,  and  Lettice  Brewster,  to 
May  26,  1829,  140  40 

Bellingham,  for  support  of  Sarah  Armlus,  to 

June  4,  1829,  12  15 

Boston  City,  for  support  of  sundry  Paupers  to 

May  31,  1829,  1627  95 

Boston  City,  for  support  of  sundry  paupers,  in 

House  of  Correction,  to  March  31,  1829,  320  41 

Boston  City,  for  support  of  sundry  paupers  in 

House  of  Industry  to  May  31,  1829,  4485  44 

Boston  City,  for  support  of  sundry  paupers  in 
House  for  Employment  and  Reformation  of 
Juvenile  Offenders  to  May  31,  1829,  266  71 

Chelmsford,  for  support  of  Joanna  Mc  Lane, 
Catharine  Brichtle,  Nancy  Brichtle,  and 
John  Richard  Brichtle,  to  Jan.  1,  1829,  78  30 

Cheshire,  for  the  support  of  Noel  Randall, 
Ephraim  Richardson,  and  Polly  Cooper,  to 
May  23,  1829,  51  30 

Colerain,  for  support  of  Peter  R.  Hart,  Samuel 
Dean,  Betsy  Hart,  and  three  children,  Kate 
Vanvoltenburg,  Lucy  Freeman,  and  two  ille- 
gitimate children  of  said  Lucy  Freeman,  to 
May  26,  1829,  140  00 

Chester,  for  support  of  Ann  Butolph,  Benj. 

Powers,  and  Jenny  Hardy,  to  June  1,  1829,     140  40 

Carlisle,  for  support  and  funeral  expenses  of 

Robert  Barber,  to  March  19,  1829,  14  64 

Clarksburg,  for  support  of  Naomi  Hill,  Doro- 
thy Hill,  aged  9,  N.  Hill,  aged  7,  and  Wil- 
liam Hill,  aged  4,  to  May  23,  1829,  170  40 

26  « 


194  PAUPER  ACCOUNTS. 

Charlestown,  for  support  of  sundry  paupers,  to 

June  2,  1829.  2136  28 

Cambridge,  for   support  of  sundry  paupers,  to 

June  8,  1829,  1609  45 

Dalton,  for  support   of  Charles  McKee,  and 

Richard  Hoose,  to  May  5,  1829,  72  80 

Dudley,  for  support  of  Betsy  Hood  and  child, 
AUsbury  Reynolds,  Sarah  Reynolds,  and 
WiUiam  Sloan,  a  child,  to  June  2,  1829,  49  80 

Deerfield,  for  support  of  Daniel  Ellis,  Prince 
Emanuel,  and  Lovina  Witherell,  to  June  1, 
1829,  58  26 

Danvers,  for  support  of  Owen  Millen,  John 
Fitzgerald,  Cesar  Wilcox,  James  Wallace, 
Moran  Foley,  John  Henley,  John  Dury, 
Ruth  Parsons,  Daniel  Covell,  and  Joel  Wes- 
son, and  burial  of  Ruth  Parsons,  to  June  3, 
1829,  169  32 

Dighton,  for  support  of  Molly  Fish,  to  June  1, 

1829,  19  29 

Edgartown,  for  support  of  Emanuel   Salvors, 

to  June  1,  1829,  46  80 

East  Bridgewater,  for  support  of  Lucinda  Ne- 
ro and  child,  Betsy  Chace,  Nathl.  Lawrence, 
Elihu  Stevens,  Meribah  Williams,  Robert 
Sever,  Joseph  S.  Perry,  and  Charlotte  Wood, 
to  May  14,  1829,  153  24 

Enfield,  for  support  of  Deborah  Buttersworth, 

and  Diana  Bosworth,  to  April  8,  1829,  84  86 

Framingham,  for  support  and  Burial  of  James 
Briggs  and  support  of  Peggy  Carroll,  to 
April  28,  1829,  20  30 

Granville,  for  support  of  Mary  Barden,  Sally 
Stuart,  Samuel  Gallup,  support  and  burial  of 
Raymond  Mc  Garra,  to  May  25,  1829,  61  92 

Greenwich,  for  support  of  Josiah  Temple  and 

family,  to  March  3,  1829,  5  96 

Gill,  for  support  of  Mary  Lawson,  to  May  21, 

1829,  '46  80 

Great  Barrington,  for  support  of  sundry  pau- 
pers, to  June  2,  1829,  296  45 


PAUPER  ACCOUNTS.  195 

Hardwick,  for  support  of  family  of  Edward 
Reney,  consisting  of  Elizabeth,  his  wife, 
Elizabeth  Harriet  aged  9,  William  aged  7, 
and  Mary  Esther,  aged  5,  to  May  1,  1829,         89  82 

Hancock,  for  support  of  Silas  Shipman,  Sally 
Shipman,  Israel  Clark,  and  John  H.  North, 
a  child,  to  May  27, 1829,  64  89 

Hatfield,  for  support  of  Daniel  Allis,  to  Dec. 

17,  1828,  13  50 

Hinsdale,  for  support  of  John  Coughran,   to 

June  1,  1829,  7  20 

Hanover,  for  support  of  Hannah  Long,  to  June 

1,  1829,  10  35 

Lenox,  for  support  of  Moses  Mc  Graw,  Ed- 
ward Hurlburt,  Samuel  Boid,  Samuel  Bell, 
Jane  Austin,  Dayton  Fuller,  and  Caroline 
Weaver,  Lucinda  Hurlbert,  and  Aurilla 
Hurlbert,  children,  to  May  31,  1829,  144  90 

Leyden,  for  support  of  Arnold  Clark,  Tacy 
Fuller,  Ruth  Abel,  Hannah  Colo,  Desire 
Stanton,  and  Jane  Golden,  to  May  28,  1829,     135  50 

Ludlow,  for  support  of  Thomas  Brainard,  to 

May  27,  1829,  7  20 

Lanesborough,  for  support  of  Eunice  Foot, 
Lucy  H.  Gormon,  Mary  Squire,  Amos 
Dodge,  Mary  Dodge,  Amelia  Bennet,  Mary 
Van  Sickle,  and  the  following  children.  Ru- 
fus  Dodge,  John  Dodge,  Amanda  Lane,  Lu- 
cinda F.  Dodge,  John  Stanborough,  and 
Harriet  Stanborough,  to  May  26,  1829,  201  50 

Also,  amount  omitted  in  Roll   of  January 
Session,  121  00 

Lee,  for  support  of  Sarah  Ross,  and  John 
Marble,  and  support  and  burial  of  Henry 
Brown,  47  55 

Milton,  for  support  of  James  Bowman,  John  J. 
Meyers,  Archibald  Mc  Donald,  Hannah 
Cunningham,  Susannah  Whiting,  George 
Lewis,  Children — George  and  Nancy  Ham- 
ilton, and  burial  of  George  Lewis,  to  June 
L  1829,  83  75 


196  PAUPER  ACCOUNTS. 

Montague,  for  support  of  Anna  Sinclair,  and 
Lydia  Wolcott,  and  removal  of  latter,  to 
May  26,  1829,  38  40 

Mendon,  for  support  of  John  Ager,  Levi  Young, 
Martha  Newhall,  and  Andrew  Sloan,  a 
child,  to  June  1,  1829,  166  40 

Montgomery,  for  support  of  VVillard  Convers, 

to  June  1,  1829,  19  42 

Milford,  for  support  of  Henry  Burley,  to  May 

20,  1829,  68  50 

Marlborough,  for  support  and  funeral  expenses 

of  David  Olds,  to  June  1,  1829,  28  40 

Monson,  for  support  of  Mary  Allen,  Flora  Sto- 
ry, Roxana  Wallis,  Dolly  Wallis,  Hannah 
Brown,  and  the  following  children — Benj. 
Wallis,  Dickinson  Wallis,  and  Biram  Wallis, 
to  May  1,1829,  95  40 

Middleborough,  for  support  of  sundry  paupers, 

to  May  1,  1829,  461  35 

New   Marlborough,  for  support  of  Jonathan 

Hill,  to  June  1,  1829,  60  94 

Norton,  for  support  of  Moses  Shute,  to  May 

29,  1829,  25  44 

Northampton,  for  support  of  sundry  paupers, 

to  June  1,  1829,  707  35 

Newburyport,  for  support  of  sundry  paupers, 

to  June  1,  1829,  841  21 

Northbridge,  for  support  of  John  Crompton, 
and  funeral  expenses  of  John  Smith,  and 
Saul  Aldrich,  to  May  10,  1829,  31  63 

Newbury,  for  support  of  sundry  paupers,  to 

June  1,1829,        '  548  43 

New  Bedford,  for  support  of  sundry  paupers, 

to  April  1,  1829,  661  05 

North  Brookfield,  for  support  of  Esther  John- 
son, to  May  18,  1829,  16  20 
Oakham,  for  support  of  Toby  Barton,  to  June 

1,  1829,  .     66  15 

Paxton,  for  support  of  Hannah  Jonah,  to  May 

25,  1829,  5  00 

Phillipston,  for  support  of  Abraham  Scholl,  to 

June  1,  1829,  19  41 


PAUPER  ACCOUNTS.  197 

Peru,  for  support  of  Robert  Burges,  to  June  4, 

1829,  19  80 

Pembroke,  for  support  of  Edward  Smith,  to 

June  4,  1829,  29  70 

Plymouth,  for  support  of  Simeon  Peat,  Stephen 
Appleford,  Phebc  Appleford,  Mary  Ann  Ap- 
pleford,  John  M.  Roap,  John  Worthing, 
James  Reed,  Maria  Harrison,  to  June  1, 
1829,  79  75 

Pawtucket,  for  support  of  Jane  Donaldson  and 
child,  Mary  Pomroy,  Robert  Butterworth, 
Zechariah  Foster,  (a  child)  and  burial  of 
John  N.  White,  to  May  28,  1829,  48  29 

Rowley,  for  support  of  Ella  Collins,  Tryphosa 
Knight,  Louisa  Pierce,  William  Davis,  Orna 
Davis,  John  Webber,  Luke  Weems,  Bridget 
Cook,  Ella  Weems,  Paul  Peterson,  John 
Mc  Carty,  and  the  following  children,  viz.  : 
Alphonso  Knight,  Maria  Knight,  Jane  Da- 
vis, Catharine  Davis,  Margaret  Cook,  and 
funeral  charges  of  Ella  Collins,  to  June  26, 
1829,  166  73 

Russell,  for  support  of  Sally  Harrington  and 

Mary  Newton,  to  May  27,  1829,  37  80 

Richmond,  for  support  of  Samuel  Hill,  Nancy 
Jessup,  Martha  Hoger,  Susan  Darhng,  Sarah 
Ann  Rollins,  (a  child)  Amos  Amosa  Darl- 
ing, (a  child)  support  and  burial  of  Uriel 
Fuller,  to  May  25,  1829,  102  95 

Rochester,  for  support  of  Edward  B.  Sandford, 
Rhoda  his  wife,  and  the  following  children 
of  said  Sandford,  viz.  Alfred,  aged  10,  Amos 
7,  Charles  5,  Edward  2,  to  June  3,  1829,  83  60 

William  Robinson,  Guardian,  for  supplies  furn- 
ished Dudley  Indians,  to  close  of  his  Guar- 
dianship, 8  99 
Saugus,  for  support  of  Susan  Walton,  Roxana 
Walton,  Graty  Walton,  and  Hannah  Wal- 
ton, to  May  25,  1829,  46  60 
Sandisfield,  for  support  of  Richard  Dixon  and 

wife,  and  Lucretia  Filley,  to  May  21,  1829,       41  91 


198  PAUPER  ACCOUNTS. 

Southampton,  for  support  of  Robert  Livings- 
ton, (a  child)  to  9  50 

Southwick,  for  support  of  Daniel  Marlow,  to 

June  1,  1829,  46  80 

Swansey,  for  support  of  Martha  Dowsnips,  Jude 
Mc  Carter,  Susannah,  an  Indian,  Olive 
Freeman,  Rozilla  Freeman,  Betsy  Lovejoy, 
and  burial  of  Jacob  Lovejoy,  to  May  30, 
1829,  141  04 

Sterling,  for  support  of  James  Lavinna,  and 
John  M.  Chambers,  and  burial  of  latter,  to 
May  15,  1829,  24  29 

Salem,  for  support  of  sundry  paupers,  to  June 

1,  1829,  941  77 

Stockbridge,  for  support  of  Abraham  Parma- 
lee,  Martha  Dowd,  Margery  Curtis,  and 
Dinah  Elky,  to  June  1,  1829,  93  60 

Sheffield,  for  support  of  Molly  Bows,  Charlotte 
Turner,  John  W.  Munroe,  and  the  following 
children,  viz.  Dennis  and  Caroline  Kelly, 
Phebe  Durant,  and  Margaret  Durant,  also 
funeral  expenses  of  Molly  Bows,  and  John 
W.  Munroe,  to  June  8,  1829,  90  87 

Sunderland,  for  funeral  expenses  of  Peter  Ol- 
iver, to  June  1,  1829,  5  00 

Shutesbury,  for  support  of  Zechariah  Fini- 
more's  family,  and  Peter  Jackson  and  wife, 
to  June  4,  1829,  125  40 

Sharon,  for  support  of  Edward  Ellis,  and  Eliz- 
abeth Ellis,  to  June  3,  1829,  34  20 

Taunton,  for  support  of  Nancy  Stella  and  chil- 
dren, Sally  Volum,  Deborah  Smith,  William 
Wilson,  Robert  Wilson,  Samuel  Shoemaker, 
Joseph  Lyon,  Patrick  Magher,  Samuel  Rose, 
Ebenezer  Easty,  James  Whawill,  and  burial 
of  an  unknown  person,  to  June  1,  1829,  201  41 

Topsfield,  for  support  and  burial  of  Phillis  Es- 
ty,  and  support  of  Phillis  Emerson,  to  May 
28,  1829,  89  47 

Tyringham,  for  support  of  Richard  Gardner 
and  wife,  Asa  Thompson,  Mary  Deskill,  and 
Pamela  Philley,  to  May  26,  1829,  90  00 


PAUPER  ACCOUNTS.  199 

Townsend,  for  support  of  Marinda  Jackson, 
Samuel  B.  Jackson,  and  Henry  S.  Jackson, 
children  of  Margaret  Jackson,  to  June  10, 
1829,  32  34 

Uxbridge,  for  support  of  Mary  Jenks,  child  of 
Phillis  Jenks,  Ezra  Comstock,  Mary  Pratt, 
Frederick  Trask  and  wife,  to  May  23,  1829,     164  20 

Williamsburg,  for  support  of  John  Cook,  James 
Turner  and  three  of  his  children,  to  June  5, 
1829,  123  72 

Ward,  for  support  of  Sarah  Wiser,  an  Indian, 

to  May  8,  1829,  46  80 

West  Newbury,  for  support  of  Mary  Renton 
and  Susan  Ann,  George  Keely,  William  Al- 
fred, and  Rebecca  Duncan,  children  of  said 
Mary  Renton,  to  May  1,  1829,  73  34 

Westfield,  for  support  of  John  N.  Berry,  Es- 
ther Berry,  Aseneth  Gibson,  Mary  Parks, 
Mary  Ann  Barker,  Hepzibah  Brewer,  George 
Gibson,  (a  child)  Melissa  White,  and  sup- 
port and  burial  of  James  Hill,  and  Matthew 
Clark,  to  June  1,  1829,  145  84 

Worthington,  for  support  of  Lemuel  Culver 
and  funeral  of  do.  support  of  Marv  Culver, 
to  May  18,  1829,  "  65  80 

Washington,  for  support  of  James  Lamb,  John 
Dinan,  Ellen  Dinan,  Achsah,  wife  of  Har- 
vey Edwards,  George  Miner,  and  five  chil- 
dren of  Harvey  Edwards,  aged  10,  8,  6,  5, 
and  2,  also  Ellen  Casey  and  her  three  chil- 
dren, aged  7,  5,  and  2,  also  John  Thomp- 
son, to  May  25,  1829,  79  05 

West  Hampton,  for  support  of  Jane  Gay,  Syl- 
via Miller,  John  Cochran,  Owen  Martin, 
and  Filia  Sherman,  and  Mary  Ann  Sher- 
man, coloured  children,  to  May  21,  1829,         91  35 

West  Stockbridge,  for  support  of  Lucy  Lane, 
James  C.  Briggs,  Ransom  H.  Briggs,  Sally 
Barton,  Ebenezer  Wood,  Abigail  Wood, 
Henry  W.  Rogers,  Mary  Mc  Clean,  Wil- 
liam Vanderburgh,  and  funeral  expenses  of 
William  Warner,  to  May  20,  1829,  152  06 


200  PAUPER  ACCOUNTS. 

West  Springfield,  for  support  of  Hannah  She- 
voy,  Louis  Shevoy,  Laura  Chapin,  and  Rod- 
ney Benedict,  (a  child)  to  May  30,  1829,  69  90 

West  Bridgewater,    for   support  of  Thomas 

Quindley,  to  June  1,  1829,  19  29 

Ware,  for  support  of  Thomas  Dennison, 
Charles  Simpson,  Jacob  Jackson,  John 
J.  Upham,  and  two  children,  viz.  George 
Mc  Booth  and  Horace  Booth,  to  June  6, 1 829,    317  40 

Wilbraham,  for  support  of  Eunice  Davis,  Mary 
Walker,  Alice  Dodge,  Bathsheba  Butter- 
field,  Mary  Jane  Butterfield,  (a  child)  and 
funeral  of  Thomas  Wilson,  to  May  21, 
1829,  160  70 

Wrentham,  for  support  of  Robert  Wilson,  Peg- 
gy Taylor,  EHza  Ann  Woodward,  (a  child) 
James  Walker,  do.  Betsy  Tew,  and  her  il- 
legitimate child ;  Grizzy  Patten,  and  her 
three  children ;  Lucy  Marsh  and  her  two 
illegitimate  children  ;  John  Clark  and  Park- 
er Wise,  to  June  1,  1829,  286  56 

Williamstown,  for  support  of  Asahel  Foot,  wife 
and  four  children,  Wealthy  Foot,  child  of  do. 
Rachel  Galusha,  Peggy  Cutt,  John  G.  Hen- 
derson, Esther  Sherman,  and  Henry  Cutt, 
to  May  22,  1829,  140  69 

Wenham,   for  support  of  Sarah  English,  to 

May  30,  1829,  63  00 

Yarmouth,  for  support  of  Thomas  Peters, 
Black  Lot,  James  Wallace,  and  burial  of 
said  Wallace,  to  May  28,  1829,  53  60 

Aggregate  of  Pauper  Account.  ;g22,265  26 


PRINTERS'  &  MISCEL.  ACCOUNTS.      201 
PRINTERS'  AND  MISCELLANEOUS  ACCOUNTS. 

MAY,  1829. 

Adams,  James  Jun.  for  newspapers,  to  June  8, 
1829,  #19  98 

Adams  &  Hudson,    for  newspapers  and  prin- 
ting Laws,  to  June  8,  1829,  143  15 

Adams,  G.  W.  &  William,  for  repairs  on  State 

House,  to  June  6,  1829,  9  70 

Bazin,  George  W.,  for  newspapers  to  June  7, 

1829,  11  00 

Reals  &.  Homer,  for  newspapers  and  publishing 

Laws,  to  June  11,  1829,  126  53 

Blaney,  Henry,  for  repairs  on  State  House,  to 

June  3,  1829,  54  88 

Badger  &  Porter,  for  newspapers  to  June  9, 
1829, 

Ballard  &  Co.  for  newspapers  to  March  4,  1829, 

Burdett,  James  W.,  for   sundries  for  different 
Departments,  to  June  8,  1829, 

Buckingham,  J.  T.  for  newspapers  to  June  9, 
1829, 

Bradlee,  Samuel  &  Son,  for  materials  for  State 
House  to  June  9,  1829, 

Bacon,  Henry,  for  services  as  assistant  mes- 
senger, to  June  13,  1829, 

Clapp,  Otis,  for  newspapers  to  June  13,  1829, 

Collier,  W.  R.  &  W.,  for  newspapers  to  June 
8,  1829, 

Child,  D.  L.  for  newspapers  to  June  10,  1829, 

Clapp,  W.  W.  for  newspapers  and  publishing 

Laws  to  June  9,  1829,  76  02 

Chace,  Warren,  for  services  as  assistant  mes- 
senger to  June  13,  1829,  40  00 

Cutting,  E.  W.,  for  services  as  assistant  messen- 
ger, and  of  his  son  as  page,  to  June  13,  1 829,        52  00 

Danforth,  Allen,  for  publishing  Laws,  to  May 

1,  1829,  33  34 

27 


194 
99 

44 
78 

342  96 

29  37 

37 

81 

40  00 
51  48 

27 
331 

52 
96 

202      PRINTERS'  &  MISCEL.  ACCOUNTS. 

Forbes,  G.  V.  H.,  for  newspapers  and  publish- 
ing Laws,  to  June  8,  1829,  89  47 
Goodrich,  I.  W.,  for  sundries,  to  June  6,  1829,       42  50 
Gore  &  Baker,  for  repairs  on  State  House,  to 

June  9,  1829,  66  80 

Hale,  Nathan,  for  newspapers,  to  June  8, 1829,     100  59 
Howe,  J.    F.  &  Co.,  for  newspapers,  to  June 

7,  1829,  110  80 

Judd,  Sylvester,  for  pubhshing  Laws  to  May 

23,  1829,  16  67 

Kuhn,  Jacob,   for  balance  on  his  account  to 

June  8,  1829,  220  52 

Kuhn,   Jacob,  jun.,  for  services  as   assistant 

messenger,  to  June  13,  1829,  36  00 

Loring,  Josiah,  for  sundries  furnished  Treas- 
urer's Office,  to  May  28,  1829,  16  37 
Loring,  Josiah,  for  sundries  to  April  30,  1829,       38  37 
Mead,  John,  for  pasting;,  folding,  &c.  of  Canal 

Maps,  to  June  6,  1829,  20  00 

Nichols,  William,  for  newspapers  to  June  6, 

1829,  19  81 

Palfray,  Warwick,  Jun.,  for  publishing  Laws,  to 

May  1,  1829,  16  66 

Pendleton,  W.  &  J.,  for  Lithographic  Engra- 
ving and  printing  plans  for  Canal,  to  June 
8,  1829,  147  OO 

Pitts,  Sarah,  for  services  of  her  son  as  Page, 

to  June  13,  1829,  16  00 

Reed,  David,  for  newspapers,  to  June  8,  1829,  44  43 
Russell,  J.  B.,  for  newspapers,  to  June  8, 1829,  13  50 
Sumner,    Frederick    A.,    for   newspapers,    to 

June  8,  1829,  22  05 

Snelling,  Enoch,  for  setting  lights,  &c.  in  State 

House,  to  June  5,  1829,  50  32 

True  &  Green,  for  printing,  to  June  9,  1829,  1058  86 
Willis  &  Rand,  for  newspapers,  to  June  6,  1 829,  42  72 
Webster,  Charles,  for  publishing  Laws,  &c.  to 

June  1,  1829,  16  66 

Wheildon,  W.  W.,  for  publishing  Laws,  &c.  to 

June  5,  1829,  19  06 


SHERIFFS'  &  CORONERS'  ACCOUNTS.  203 

Wheeler,  John  H.,  for  repairs  on  State  House, 

to  June  6,  1829,  831   13 

Yerrington,  J.  B.,  for  newspapers,  to  June  7, 

1829,  8  00 


Aggregate  of  Printers  and  Miscellaneous  Ac- 
counts, ^4786  21 


SHERIFFS'  AND  CORONERS'  ACCOUNTS. 

MAY,  1829. 

P.  S.  Folger,  Coroner  for  Nantucket,  for  sun- 
dry Inquisitions  to  April  12,  1829,  $Q7  50 

G.  W.  Metcalf,  Coroner  of  Middlesex,  for  ta- 
king Inquisitions  to  March  17,  1829,  8  41 

Josiah  D.  Pease,  Sheriff  of  Dukes  Co.,  for  re- 
turning votes,  to  April  30,  1829,  8  00 

Prince  Snow,  Jun.,  Coroner  of  Suffolk,  for 
sundry  inquisitions,  to  May  30,  1829,  54  75 

Wareham  Shepard,  Coroner  of  Hampden,  for 

sundry  inquisitions,  to  May  22,  1829,  9  24 


Aggregate,     ;gl47  90 


MILITARY  ACCOUNTS. 
MAY,  1829. 

Court  Martial. 

Division  Court  Martial  held  at  Pittsfield,  March  26,  1829. 

Members,         Col.  Lyman  Judd,  President,  6  70 

Lt.  Col.  Grenville  D.  Weston,  4  60 


204 


MILITARY  ACCOUNTS. 


Members. 


Marshal, 
Orderly, 
Judge  Adv. 


Maj.  Daniel  Tiittle, 
Maj.  C.  J.  F.  Allen, 
Capt.  Zadock  King, 
Adj.  Franklin  Root, 
Serjt.  Thomas  A.  Smith, 
Maj.  Wm.  Porter,  Jun. 


Witnesses,  Philo  P.  Pettibone, 

Elijah  M.  Bisse], 
For  Stationary,  William  Porter,  Jr, 
Serving  Notices,  James  Wakefield, 


Court  of  Enquiry. 


Holden  at  Rowley,  March  12,  1829. 


Members, 


Marshal, 
Judge  Adv. 

Witnesses. 


Maj.  Gen.  Franklin  Gregory,  Pres. 
Brig.  Gen.  Nathan  Heard, 
Brig.  Gen.  Charles  Rice, 
Lieut.  Col.  Abraham  Wilhams, 
Maj.  Caleb  Gushing, 

Benjamin  Stickney, 
Solomon  Low, 
Daniel  Moulton, 
Uriah  Bailey, 
Joseph  L.  Low, 
Nathan  Brown, 
William  S.  Marland, 
Merrill  Pettingell, 
Amos  Tappan, 
John  B.  Greely, 
Otis  Little, 

Nathaniel  Pearson,  Jun. 
John  Longfellow, 
William  Thurlow, 
Joseph  Goodrich, 
John  O.  W.  Brown, 
John  B.  Savary, 


5  40 

4  10 

6  90 

4  30 

2  32 

9  20 

^43  52 

1  64 

54 

50 

2  00 

^48  20 


58 

20 

39 

50 

36 

30 

22 

00 

53  20 

3 

12 

5  20 

5  48 

5 

14 

3 

50 

4  00 

2 

76 

3 

50 

0 

50 

0 

50 

2 

14 

0 

90 

0  58 

1 

30 

1 

90 

0  58 

1  80 


MILITARY  ACCOUNTS.  206 

Daniel  Eaton,  1  30 

Joseph  Danforth,  3  14 

Jeremiah  Coleman,  1  50 

For  Stationary^  ^c.  Caleb  Cashing,  3  25 

Fuel,  ^c.     Richard  Trusdell,  3  67 

264  96 

Serving  Process,  Richard  Trusdell,  0  90 

Attendance,  ^c.  Richard  Trusdell,  1 1  00 

Serving  Process,  Philip  Bagley,  10  88 

"            "       Moody  Bridges,  2  90 

«            "       Albert  Thompson,  1  50 

$292  14 

Brigade  Majors. 

Wyman  Richardson,  to  June  6,  1829,  40  00 

Elisha  Tucker,  to  Dec.  31,  1828,  40  00 

Parker  L.  Hall,  to  Dec.  31,  1828,  39  67 

John  F.  Laffargue,  to  Sept  26,  1828,  0  33 

^120  00 

Adjutants. 

Thomas  Adams,  to  July  22,  1828,  21  33 

John  Towne,  to  May  21,  1829,  25  00 

Israel  Longley,  to  July  28,  1828,  14  44 

Emilius  Bond,  to  Dec.  31,  1828,  41  67 

Henry  Hoyt,  to  May  28,  1829,  18  75 

Peleg  Seabury,  to  July  14,  1828,  13  47 

William  Stall,  to  March  3,  1829,  28  17 

E.  A.  Howard,  to  June  1,  1829,  25  00 

;^187  83 

Hauling  Artillery. 

William  Austin,  1828,  24  00 

David  Taylor,  1828,  10  00 


206 


RESOLVE. 

John  Porter,  1828, 

George  W.  Houghton,  1828, 

20  50 
6  00 

Aggregate  of  Military  Account, 

$60  60 
$10Q  67 

AGGREGATE  OF  ROLL,  NO.  101. 

JUNE  SESSION,  1829. 

Expense  of  State  Paupers,  |22,265  26 
Amount  of  Printers'  and  Miscellaneous  Ac- 
counts, 4,786  21 
"           Sheriffs  and  Coroners,  147  90 

Military  Accounts,  viz. 
Court  Martial,  ^48  20 

Court  of  Enquiry,  292  14 

Brigade  Majors,  120  00 

Hauling  Artillery,  60  60 

Adjutants,  187  83 

708  67  —     708  67 


Total.  $27,908  04 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Public  Treasury,  to  the  several  corporations  and  per- 
sons mentioned  in  this  Roll,  the  sums  set  against 
such  Corporations'  and  Persons'  names,  respectively, 
amounting  in  the  whole,  to  the  sum  of  twenty-seven 
thousand,  nine  hundred  and  eight  dollars  and  four  cents, 


RESOLVE.  207 

the  same  being  in  full  discharge  of  the  accounts  and 
demands  to  which  they  refer. 

In  Senate^  June  10,  1829. — Read  twice  and  passed, 
Sent  down  for  concurrence. 

SAMUEL  LATHROP,  President 

In  House  of  Representatives^  June  10,  1829. — Read 
twice,  and  passed  in  concurrence. 

W.  B,  CALHOUN,  Speaker, 
JuneW,  1829. 

Approved, 

LEVI  LINCOLN. 


^ommon^tuUf^  of  jHajsi^acliufiietts. 


SECRETARY'S  OFFICE,  JULY  23,  1829. 

I  HEREBY  CERTIFY,  thai  I  have  compared  the    im- 
pression of  the  Resolves  contained  in  this  Pamphlet,  with 
the  original  Resolves  as  passed  by  the  Legislature  in  June 
last,  and  find  the  same  to  be  correctly  printed. 
EDWARD  D.  BANGS, 
Secretary  of  the  Commenwealth, 


INDEX 


TO  RESOLVES  OF  MAV  AND  JUNE  SESSION,  1820. 


A. 

Accounts  against  Commonwealth,  to  be  audited  by  Treasurer,         185 

Roll  of,  No.  101, 192 

Adjutant  General,  empowered,  with  regard   to  land  for  a  Gun- 
House  in  Springfield,  -          -         -         -         -        -         183 

B. 

Boot,  Kirk,  and  others,  petition  of,  granted,  for  survey  of  route  for 

a  Rail  Road, 189 

Bristol  County,  Commissioners  of,  authorized  to  issue  new  war- 
rant for  tax  to  town  of  Westport,         -        -         179 
"  "         route  for  a  Rail  Road  in,  to  be  surveyed,        -         189 

C. 

Clerks  of  Senate  and  House,  compensation  of,         -        -        -         187 
28 


ii  INDEX. 

County  Commissioners  for  Bristol,  authorized  to  issue  new  war- 
rant for  tax  to  town  of  Westport,  .         ,  -  .         179 

E. 

Essex,  Treasurer  of  County  of,  allowance   to,   for   support  of 

paupers, 190 

F. 

Fuel,  &c.  for  use  of  Government,  appropriation  for,         ■        -         187 

G. 

General  Court,  pay  of  Members  of,  provided  for,  •  -  181 

Governor's  Speech,  at  beginning  of  the  Session,        ...  163 

"         Message,  transmitting  documents  referred  to  in  Speech,  179 
"               "        transmitting  copies  of  Greenleafs  Survey  of 

Maine,  «Sz;c. 182 

H 

Holden,  Oliver,  Executor,  authorized  to  file  evidence  of  sale  of 

certain  real  estate,         -         -         .         -         -         _        I         184 

Hubbard,  Samuel,  Guardian  of  Thomas  Hancock,  empowered  to 

purchase  and  convey  certain  real  estate,  ...         190 


Internal  Improvements,  Copies  of  Report  of  Directors,  concern- 
ing, how  further  distributed,  -         180 

"  "  route  for  Rail  Road  from  Lowell  to  Bos- 

ton, to  be  surveyed,  -  -         189 

"  "  route  for  Rail  Road  in  Bristol  County,  to 

be  surveyed,  -        .        .        .         189 

K. 

Kuhn,  Jacob,  Messinger  to  General  Court,  pay  of.  provided  for,       188 


INDEX.  iii 

L. 

Low,  John  V.  assistant  Messinger  to  Governor  and  Council,  pay 

of,  provided  for,        -         -         -          -         --         -         188 

Luce,  Elisha,  authorized  to  build  wharf  in  Rochester,        -      -         184 

M. 

Members  of  Council,  Senate  and  House,  pay  of,  provided  for,  181 

Message  of  Governor,  transmitting  documents   referred   to   in 

Speech, 179 

"  "  transmitting  Copies  of  Greenleafs  Sur- 

vey of  Maine,  &c,  ...         182 

Messinger  of  General  Court,  grant  to,  to  purchase  fuel,  &c.  for 

government, 187 


Prison  'Discipline  Society,  Fourth  Annual  Report  of,  to  be  pur- 
chased for  the  Legislature,  .....          jqS 

R. 

Rail  Road,  from  Lowell  to  Boston,  route  of,  to  be  surveyed,  189 

"       "       from  Taunton,  to  route  between  Boston  and  Provi- 
dence, survey  to  be  made,         ....         189 
Rail  Roads,  Reports  of  Directors  of  Internal  Improvements  con- 
cerning, how  further  distributed,          ....         180 
Roll  of  Accounts,  No.  101, -        192 

S. 

Secretary  of  Commonwealth,  authorized   to  purchase  Report  of 

Prison  Discipline  Society,  .....         183 

Speech  of  Governor,  to  Senate  and  House,  -  -  -  163 

Staples  Nathaniel,  appointed  Guardian  of  Benjamin  Simon,  an 

Indian, 186 

State  Prison,  appropriation  for,        -  -  -  .         -  180 


iv  INDEX. 

T. 

Treasurer  of  Commonwealth,  authorized  to  borrow  money,  181 

"        "  "  required  to  audit  certain  accounts 

against  the  Commonwealth,  185 

W. 

Warriner,  Solomon,  and  others,  petition  of,  granted,  with  regard 

to  land  for  a  Gun-House  in  Springfield,         -         -        .  183 

Westport,  town  of,  new  warrant  for  tax  to  be  issued  to,            -  179 

Wharf  in  Rochester,  may  be  built  by  Elisha  Luce,          -        -  184 


RESOLVES 


THE  GENERAL  COURT 


OF    THE 


Commontoealtf)  of  jEa0sac|)usetts;, 

PASSED  AT  THEIR  SESSION, 

WHICH    COMMENCED     ON    WEDNESDAY,    THE    SIXTH    OF    JANUARY, 

AND  ENDED     ON  SATURDAY,  THE  THIRTEENTH    OP    MARCH, 

ONE    THOUSAND    EIGHT    HUNDRED    AND    THIRTY. 

Published  agreeably  to  a  Resolve  of  the  \Qth  January,  1812. 


DUTTON  AND  WENTWORTH,  PRINTERS  TO  THE  STATE. 


1830. 


RESOLVES 


THE  GENERAL  COURT 

OF   THE 

COMMONWEALTH  OF  MASSACHUSETTS, 

PASSED  AT  THEIR  SESSION, 

WHICH    COMMENCED    ON   WEDNESDAY,  THE    SIXTH    OF    JANUAET,   AND 

ENDED    ON  SATURDAY,  THE    THIRTEENTH    OF    MARCH,   ONE 

THOUSAND     EIGHT    HUNDRED    AND    THIRTY. 


GOVERNOR'S  MESSAGE. 

His  Excellency  the  Governor  sent  down  from  the  Council 
Chamber,  by  the  Secretary  of  the  Commonwealth,  to  the 
Senate  and  House  of  Representatives,  the  following . 

MESSAGE: 

Gentlemen  of  the  Senate, 

and  of  the  House  of  Representatives : 

I  offer  you  my  congratulations,  that,  by  the  favour 
of  that  protecting  and  overruling  Providence  which  dis- 
poses of  the  affairs  of  communities  as  of  individuals, 
the  members  of  the  Legislative  Department  of  the  Go- 
vernment are  permitted  to  reassemble,  and  may  now 
resume,  under  circumstances  auspicious  of  the  promo- 
tion of  the  public  good,  the  discharge  of  the  important 


WW 

212  GOVERNOR'S  MESSAGE. 

and  responsible  duties,  upon  which  they  entered,  at  the 
commencement  of  the  pohticai  year.    A  more  favorable 
period  for  a  distinct  understanding  of  the  sentiments  of 
the  whole  people,  through  the  universality  of  their  rep- 
resentation, for  calm  discussion,  and  for  deliberate  and 
satisfactory  decision    upon   all  subjects  of  interest   to 
the  Commonwealth,  has  rarely,  if  ever,  been  enjoyed. 
Whatever  of  sensibility  may  have  been  manifested,  dur- 
ing the  recess,  to  measures  cither  adopted  or  antici- 
pated elsewhere,  it  is  most  certain,  that  a  spirit  of  candid 
inquiry  alone  has  occupied  the  public  mind,  in  reference 
to  objects,    exclusively  of  State  concern.     There  has 
been  uncommon  frSdom  from  the  excitement  of  local 
feeling  and  the  con|j.jfcts  of  partial  and  opposing  interests. 
A  desire  for  investigation,  and  a  pursuit  of  knowledge 
applicable  to  the  business  and  the  improvement  of  the 
condition  of  society,  eminently  mark  the  temper  of  (he 
times.      The  delegation,  having  been  originally  consti- 
tuted with  entire  disregard  to  those  distinctions  of  piarty 
arrangement,  the  season  and  the  causes  for  which  have 
long  since  ceased  together,  or  vv^hich  do  not  arise  from 
principle,  the  people  have  reposed  upon  the  virtue  and 
intelligence  of  their  Representatives,  to  fulfil  the  dic- 
tates of  disinterested  duty,  and  to  accomplish  purposes 
only  which  are  worthy  of  a  patriotic   regard.     May  it 
be  your  happiness,  Gentlemen,  to  justify  this  generous 
confidence,  and  in  whatever  degree  it  may  be  permitted 
to  me  to  participate  with  you  in  the  labors  of  the  ses- 
sion, I  shall  strive  to  manifest  that  fidelity,  which  the 
obligations  of  ofiice,  and  gratitude  for  distinguished  and 
unmerited  honors,  demand. 

The  unfinished  and  referred  business  of  the  last  ses- 
sion will  naturally  engage  your  earliest  attention.  It  is 
not  for  the  Executive,  importunately,  to  urge  the  influ- 


GOVERNOR'S  MESSAGE.  213 

ence  of  personal  sentiment  upon  a  co-ordinate  depart- 
ment of  the  government.  That  measure  of  duty  may 
already  have  been  discharged,  vv^hich  consists  in  a  dis- 
tinct and  responsible  avowal  of  official  opinion,  and  a 
respectful  recommendation  to  legislative  action.  Yet, 
until  decisions  are  had,  it  will  not  be  deemed  indeco- 
rous, and  existing  circumstances  may  render  it  proper, 
to  recur  to  important  subjects  of  previous  discussion. 
Of  the  matters  of  prominent  concern,  that  of  the  Rail- 
ways will  press  with  almost  engrossing  interest.  With 
a  reference,  therefore,  to  former  communications  to  the 
Legislature,  and  especially  to  that  which  I  had  the  honor 
to  address  to  your  consideration  at  the  commencement 
of  the  pohtical  year,  for  the  general  views  which  I 
continue,  confidently,  to  entertain,  of  the  interest  of  the 
State,  in  the  effectual  encouragement  of  those  enter- 
prises which  are  adapted  to  facilitate  intercommuni- 
cation, and  relieve  the  community  from  the  excessive 
expense  and  tedious  labor  of  the  present  mode  of  land 
transportation,  I  beg  leave  to  repeat  the  recommenda- 
tion, that  some  decisive  measures  should  promptly  be 
taken  to  give  to  the  Country,  at  no  distant  day,  such 
improvement.  A  cautious  but  faithful  policy  has  hith- 
erto wisely  required  time  for  investigation.  It  was  man- 
ifestly proper,  that  diligent  and  critical  inquiry,  into  the 
character  of  schemes  of  novel  experiment,  should  first 
satisfy  the  minds  of  those,  who  were  appealed  to  for 
their  sanction  in  adopting  them.  A  reasonable  oppor- 
tunity, it  would  seem,  has  now  been  allowed  for  this 
purpose.  The  country  has  been  explored ;  surveys 
have  been  returned  ;  plans  of  construction  and  estimates 
of  expense  submitted,  upon  all  the  routes  which  have 
been  proposed  for  the  public  accommodation  ;  and  the 
enterprising   and  liberal   spirit  of  individuals,  and   of 


214  GOVERNOR'S  MESSAGE. 

voluntary    associations   of  citizens,  have  added  to  the 
means  of  intelligence,  which  the  Government  have  em- 
ployed, until  a  mass  of  testimony  has  been  furnished  to 
the  occasion  and  the  advantages  of  Rail  Roads,  which, 
if  it  fails  to    unite   all   in   designating   the   preferable 
courses  for  their  location,  will  yet  induce,  in  every  one, 
a  desire  for  their  enjoyment.     The  astonishing  results 
of  recent  scientific  experiments  in  Europe,  in  the  appli- 
cation of  Steam  to  produce  a  moving  power,  by  which 
time,  and  distance,  and  weight,  are  alike  overcome,  to  a 
degree  almost  incredible,  may  well  inspire  a  confidence 
in  this  manner  of  conveyance,  which  neither  the  incre- 
dulity of  the  timid,  nor  the  obstinacy  of  the  prejudiced, 
can  longer  resist.     It  has  been  said,  with  probable  cor- 
rectness,  that   the   newly  invented    Steam   Carriages, 
which  are  designed  for  use  between  Manchester  and 
Liverpool,  will  bring  those  places,  though  more  than 
thirty  miles  remote  from  each  other,   nearer  together, 
in  a  social  and  commercial  point  of  view,  than  the  ex- 
tremes of  London  now  are.     The  expense  of  travelling 
by  them,  it  is  calculated,  will  be  reduced  three  fourths, 
and  the  time   two  thirds,  while  the   accommodation  to 
the  passenger  is  far  superior  to  that  afforded  by  Stage 
Coaches.     The  saving  of  cost  in  the  transportation  of 
heavy  merchandize  is  estimated  to  be  even  still  greater. 
The  progress  too  which  has  been  made  in  our  own 
country,  in  the  execution  of  those  stupendous  works  in 
which  several  of  the   States  are  engaged,  has  evinced, 
that  there   are  few  obstacles  in   nature  too  formidable 
for  a  persevering  industry  and  labor  successfully  to  re- 
move.    Surely,   after  the  experience  which  has  been 
had,  no  well  informed  man  will  question  the  practica- 
bility of  laying  Rail  Roads  over  the  roughest  places  of 
our  Commonwealth,  nor  will  any  be  found  to  deny  their 


GOVERNOR'S  MESSAGE.  215 

advantages,  if  means  can  but  well  be  provided  for  their 
accomplishment. 

This  is  truly  the  point-  of  greatest  difficulty.      The 
declension  of  important  branches  of  business,  and  the 
general   pressure   of  personal   embarrassment,  it  may 
justly  be  feared,  will  discourage- individual  subscriptions 
to  these  objects,  and  there  can  be  little  hope  that,  ex- 
cept upon  short  routes,  and  for  the  advancement  of  lo- 
cal purposes,  any  road  will,  at  present,  be  undertaken, 
without  a  pledge  of  pecuniary  aid  from  the  Government. 
Large  disbursements  will  be  required,  to  execute  either 
of  the  projects  which  are  now  before  the  public,  and, 
however  strong  may  be  the  promise  of  eventual  remu- 
neration  from   indirect   and  consequential   benefits  to 
the  community.  Capitalists  have  been  too  often  and  too 
seriously  admonished,  that  even  the  greatest  public  im- 
provement is  not  always  an  assurance  of  private  profit, 
to  be  induced,  on  their  own  account  and  risk  exclusive- 
ly, to  make  the  necessary  investments.    There  should  be 
no  false  anticipations  on  this  subject.     If  it  is  deemed, 
by  the  Legislature,  of  importance  to  the  prosperity  of 
the  State,  either  as  a  means  of  increasing  trade  or  pre- 
serving what  is  now  enjoyed,  of  encouraging  a  more 
dense  population  or  furnishing  employment  to  that  which 
may  remain,  of  giving  greater  relative  influence  to  our 
political  condition  or  securing  its  present  weight,  of  ad- 
vancing the  arts,  diff'using  the  blessings  of  knowledge, 
and  multiplying  the  sources  of  social  happiness,   that 
improved  modes  of  communication  between  the  Capi- 
tal of  this  and  other  States,  and  through  different  sec- 
tions of  the  interior  of  our  own  State,  should  speedily  be 
possessed,  the  assistance  of  the   Government,  in  some 
manner  and  to  some  extent,  in  aid  of  individual  enter- 
prise and  exertion,  must  be  given  to  the  work.     I  hesi- 


216  GOVERNOR'S  MESSAGE. 

tate  not  to  say  that,  without  this,  nothing  of  moment 
will  be  seasonably  accomplished.  Neither  a  Rail  Road 
to  Providence,  nor  Albany,  nor  even  that  more  recently 
proposed  to  Brattleborough,  which,  from  the  geogra- 
phy, population,  and  business  of  that  section  of  the 
country,  must  be  of  great  public  advantage,  can  be  ex- 
ecuted, until  a  period,  when,  from  the  want  of  these  ac- 
commodations in  the  intermediate  time,  the  strongest  in- 
ducements to  their  construction  will  be  gone  from  us  for- 
ever. I  am  not  unaware  of  the  difficulty  to  the  Legis- 
lature of  deciding  upon  this  question  of  appropriation. 
Much  responsibility  attaches  here.  But  true  moral 
courage  never  shrinks  before  the  requirements  of  duty. 
Whatever  may  be  that  responsibility,  it  is  at  some  time 
to  be  encountered,  not  indeed  lightly,  not  in  haste,  nor 
without  ample  opportunities  for  inquiry,  but  upon  the 
result  of  deliberate  investigation,  and  with  the  convic- 
tion, that  whenever  the  interest  of  the  Community  de- 
mands a  measure,  the  approbation  of  an  enlightened 
people  will  not  be  withheld  from  those,  who  faithfully, 
consistently,  and  steadily,  pursue  it. 

If  the  general  depression  of  business,  and  the  peculiar 
and  unusual  pecuniary  embarrassments  of  individuals, 
throughout  the  country,  be  objected  to  proceeding  at 
the  present  time,  it  may  be  satisfactorily  answered,  that 
it  is  to  revive  the  spirit  of  enterprise,  to  give  employ- 
ment to  labor,  to  restore  trade,  and  open  new  sources 
of  profit  and  of  wealth,  that  these  works  should  now  be 
undertaken.  The  creation  of  stock  upon  the  faith  of 
the  State,  to  such  amount  as  the  Commonwealth  may 
be  interested,  eventually  redeemable,  as  it  doubtless 
would  be,  from  the  income  and  advantages  of  the  im- 
provements, will  occasion  no  direct  tax  upon  the  peo- 
ple, beyond  the  accruing  interest,  and  to  this,  even, 


GOVERNOR'S  MESSAGE.  217 

inight  be  applied  the  proceeds  ot  the  sales  of  the  pubUc 
lands,  and  other  contingent  payments  into  the  Treasury. 

In  relation  to  a  Rail  Road  from  Boston  to  the  Hud- 
son River,  it  is  truly  a  work  of  great  National  impor* 
tance ;  and  whenever  it  shall  be  determined  upon,  the 
aid  of  the  General  Government  may  reasonably  and 
confidently  be  solicited.  There  is  wanting  but  this  sin- 
gle link  to  complete  the  long  chain  of  inland  communi- 
cation from  our  Eastern  Atlantic  Seaboard  to  the  West- 
ern Lakes,  by  which,  and  through  channels,  already,  or 
soon  to  be  opened,  the  means  of  protection  and  defence, 
in  time  of  war,  may  uninterruptedly,  and  with  safety, 
economy,  and  dispatch,  be  conveyed  to  almost  every 
assailable  point  of  our  widely  extended  country.  In 
this  respect,  it  scarcely  yields  in  interest  to  any  of  those 
great  public  works,  to  which  the  nation  has  heretofore, 
with  almost  profuse  liberality,  contributed.  It  has  been 
computed,  that  the  direct  saving  of  money  which  would 
have  been  effected  in  the  transportation  of  merchandize, 
and  of  men  and  munitions,  between  Boston  and  Albany, 
in  a  single  year  of  the  last  war,  by  the  use  of  a  Rail 
Road,  would  have  defrayed  one  third  the  whole  expense 
of  its  construction.  To  this  may  be  added  the  certainty 
and  celerity  which  would  have  been  given  to  military 
operations,  and  what  is  far  more  worthy  of  considera- 
tion, the  waste  of  strength  and  loss  of  life,  for  want  of 
seasonable  supplies  or  other  relief,  which  would  have 
been  prevented. 

Pursuant  to  a  Resolve  of  the  11th  of  June  last,  a  skil- 
ful and  experienced  Engineer  was  appointed  to  make  a 
survey  of  a  Route  for  a  Rail  Road  from  the  Town  of 
Lowell  to  the  City  of  Boston.  The  Survey  has  been 
completed,  and  the  Report  of  the  Engineer,  with  an 
29 


218  GOVERNOR'S  MESSAGE. 

accompanying  Map  and  Estimates  of  the  expense  of 
constructing  the  work,  as  required  by  the  Resolve,  are 
daily  expected. 

The  Commissioners  of  Internal  Improvements,  who, 
under  a  Resolve  of  the  12th  of  June  last,  were  charged 
with  a  survey  of  a  Route  from  Taunton  to  some  point 
on  the  Route  previously  surveyed  between  Boston  and 
Providence,  have  performed  that  service,  and  their  Re- 
port, returned  to  the  Governor  and  Council,  is  transmit- 
ted with  this  communication.  The  Survey  was  carried 
from  a  point  of  divergence  in  Canton,  on  the  Eastern 
line  of  Surveys  heretofore  made  between  Boston  and 
Providence,  by  two  Routes,  to  Wier  Bridge  Landing 
in  Taunton.  The  whole  distance,  from  Front  Street  in 
Boston  to  Taunton  Landing,  by  either  Route,  in  con- 
nexion with  the  part  included  in  the  former  Surveys,  was 
found  to  be  nearly  the  same,  and  but  little  to  exceed 
thirty  five  miles.  Both  Routes  are  represented,  by  the 
Commissioners,  to  be  not  only  practicable  for  a  Rail 
Road,  but  to  present  great  facilities,  in  the  character  of 
the  ground,  for  the  accomplishment  of  the  work. 

Such  information,  on  the  general  subject  of  Rail 
Roads,  in  the  manner  of  their  construction,  their  use 
and  advantages,  as  has  been  obtained  by  the  Directors 
of  Internal  Improvement,  in  obedience  to  an  order  of 
both  branches  of  the  Legislature,  at  the  last  Session, 
will  be  submitted  to  you,  in  a  distinct  Report  from  that 
Board. 

The  period  seems  to  have  arrived,  when  the  claims  of 
more  than  Fifty  Thousand  of  our  Fellow  Citizens  to  be 
relieved  from  unequal  and  onerous  burdens,  under  the 
present  Militia  Laws  of  the  Commonwealth,  will  not 
admit  of  further  postponement.  The  complaints  on 
this  subject  are  continually  becoming  louder  and  more 


GOVERNOR'S  MESSAGE.    •  219 

frequent.     An  official  connexion  with  this  department, 
for  nearly  five  years,  has  satisfied  me,  that  the  present 
system  cannot  continue  to  be  administered  against  the 
prevailing  tone  of  public  sentimeilt.     We  are  daily  de- 
parting, further  and  further,  from  the  spirit  of  military 
subordination,  which  the  discipline  and  dangers  of  war 
induced,  and  as  there  is  less  occasion  for  the  readiness 
of  preparation  for  service,  so  there  is  less  inclination, 
in  the  subjects  of  enrolment,  to  yield  to  the  mandate 
which  requires   it.      There    are  frequent   attempts   to 
evade  the  obligations  of  law,  and  occasional  manifes- 
tations of  a  disposition  to  bring  reproach  and  ridicule 
upon  those  who  execute  its  provisions.     A  militia  sys- 
tem, however,  of  a  modified  and  improved  character, 
better  adapted  to  the  feelings  of  the  people,  and  con- 
formed to  the  original   design  of  the  institution,  can 
never,  with  safety,  it  is  believed,  be  dispensed  with.     In 
all  periods  of  the  world,  and  under  every  form  of  go- 
vernment, an  organized  physical  force,  of  some  descrip- 
tion, has  been  found  necessary  for  the  maintenance  of 
internal  quiet,  and  for  protection  from  external  danger. 
It  is  to  the  political,  what  the  right  arm  is  to  the  natural 
body,  an  assurance  of  security  from  outrage,  in  the  very 
ability   eflfectually   to   repel  and  to   chastise   it.     The 
Founders  of  our  Republic,  gathering  wisdom  from  their 
own  experience,  as  well  as  from  the   pages  of  history, 
declared  it  to  be  a  fundamental  principle  of  free  gov- 
ernment, that  a  well  organized  Militia  was  essential  to 
the  preservation  of  National  Independence.    The  Insti- 
tution was  the  breast-work  of  Liberty,  in  the  War  of 
the  Revolution,  and  it  has  proved  an  impregnable  for- 
tress for  its  defence,  ever  since.     It  has  been  resorted 
to,  on  several  occasions,  to  enforce  an  execution  of  the 
laws,  and,  in  two  instances,  has  quelled  open  rebellion. 


220  GOVERNOR'S  MESSAGE. 

How  far  the  knowledge,  by  the  Nations  of  Europe,  that 
more  than  one  tenth  of  our  whole  free  population  are 
annually  marshalled  and  trained  to  arms,  as  a  constant 
preparation  for  resistance  to  invasion,  may  have  a  ten- 
dency to  preserve  peace  to  the  Country,  cannot  be  de- 
termined, until  by  disbanding  and  disarming  a  Citizen 
Soldiery,  our  improvidence  and  weakness  shall  invite 
aggression.  As  a  Citizen  of  Massachusetts,  I  would 
cherish  the  Militia,  for  the  moral  and  political  influence 
which  it  gives  to  the  State.  The  strength  of  an  em- 
bodied patriotic  and  hardy  Yeomanry,  capable  of  vindi- 
cating their  own  rights,  or  aiding  in  the  support  of  the 
rights  of  others,  cannot  but  be  referred  to,  when  esti- 
mating the  relative  weight  of  different  sections  of  the 
Union  ; — and  if  ever  a  mad  scheme  of  division  and  dis- 
memberment shall  be  seriously  contemplated,  the  power 
which  may  defeat  it  by  resistance,  or,  in  submitting, 
leave  the  means  of  self  protection  with  a  dissevered 
part,  will  not  fail  to  be  respected. 

A  proposition,  which  sometimes  has  been  made,  to 
dispense  by  law,  with  all  military  parade,  instead  of 
amending  the  system,  would  utterly  destroy  the  institu- 
tion. Organization  could  no  longer  be  maintained. 
No  one  would  be  found  to  accept  an  office  of  merely 
nominal  command,  a  mockery  of  title,  in  a  parchment 
authority  over  a  Muster  Roll  of  names  only.  Besides, 
the  paramount  laws  of  the  United  States,  on  this  sub- 
ject, would  be  violated,  or  evaded  in  all  their  provisions, 
by  the  effects  of  such  State  Legislation.  The  arrange- 
ment of  the  Militia,  required  by  these  statutes,  into 
Divisions,  and  distinctions  of  minor  corps,  would  soon 
be  destroyed,  and  the  obligations  of  enrolment  and 
equipment,  instruction  in  tactics,  inspections,  and 
returns,  cease  to  be  performed.     Without  officers  com- 


GOVERNOR'S  MESSAGE.  221 

missioned  to  every  grade  of  command,  military  order 
can  never  be  preserved,  nor  involuntary  service  com- 
pelled. 

The  essential  alterations,  in  accordance  with  the  lav^^s 
of  the  United  States,  which  have  occurred  to  me,  as 
promising  to  equalize,  in  the  most  satisfactory  manner, 
the  still  necessary  burdens  of  miUtia  service,  and  remove 
the  strongest  objections  to  the  present  system,  are,  to 
increase  the  penalties  for  neglect  of  duty,  to  such  ex- 
tent, as  better  to  enforce  the  obligations  to  its  personal 
performance  in  the  Train  Bands,  by  those  of  whom  it 
is  required ;  to  extend  conditional  exemption  to  minors 
and  enrolled  persons  above  the  age  of  thirty ;  and  to 
repeal,  altogether,  the  provision  for  the  payment  of 
money  as  part  of  the  condition  of  exemption.  This 
exaction  operates  with  great  injustice,  and  has  been  a 
fruitful  source  of  disaffection.  While  the  sum  required, 
is,  in  itself,  no  equivalent  to  the  time  and  expense  of 
military  duty,  and  to  the  man  of  wealth  is  of  little  con- 
sideration, to  the  poor  man  it  often  happens,  that  the 
want  of  money,  at  the  prescribed  period  for  its  pay- 
ment, leaves  no  alternative  to  the  obligation  of  personal 
service. 

The  principles  of  these  amendments,  simple  in  their 
explanation,  but  of  important  consequences  in  the  de- 
tails of  their  application  to  the  existing  system,  would 
render  necessary  a  reorganization  of  the  corps  of  the 
Militia,  by  consolidating  its  present  subdivisions,  and 
enlarging  their  territorial  limits.  In  this  manner.  Com- 
panies might  be  increased  to  efficient  numbers,  and  many 
supernumerary  and  unnecessary  officers  discharged. 
There  would  then  be  greater  distinction  given  to  com- 
mand, higher  responsibilities  would  be  felt  in  its  dis- 


222  GOVERNOR'S  MESSAGE. 

charge,  and  spirit  and  a  new  energy  infused   into  the 
whole  miUtary  body. 

One'provision  more,  above  all  others,  is  demanded  ; 
— a  prohibition,  under  severe  penalties  to  officers,  to 
treat  with  ardent  spirits,  on  days  of  military  duty,  and 
to  candidates  for  office  to  do  this,  either  pending  or 
after  an  election.  This  latter  practice  is,  indeed,  a 
species  of  bribery,  and  is  attended  with  the  most  perni- 
cious influences.  It  occasions  heavy  and  wasteful  ex- 
pense, and  has  deterred  many  excellent  men  and  well 
qualified  soldiers  from  accepting  commissions,  while,  in 
some  instances,  it  has  induced  to  unworthy  preferments 
to  office.  Most  of  the  complaints  against  the  institu- 
tion, from  its  tendency  to  lead  the  young  to  indulgence, 
and  produce  habits  of  dissipation,  have  their  origin  in 
the  custom  of  furnishing  unnecessary  and  exciting  re- 
freshments on  public  occasions  ; — a  custom  which  is  no 
less  subversive  of  military  subordination  than  prejudi- 
cial to  the  morals  of  the  community,  and  which  a  true 
regard  for  the  welfare  of  the  militia,  equally  with  a  re- 
spect for  the  peace,  good  order  and  happiness  of  society, 
requires  should  be  effectually  repressed. 

The  Reports  made  to  the  Executive  by  the  Officers 
of  the  State  Prison,  show,  that  the  Institution  is,  at 
length,  brought  into  that  condition  of  improvement  and 
capacity  for  future  management,  which  have  been  anti- 
cipated with  deep  interest  and  soUcitude  by  the  Govern- 
ment and  People  of  the  Commonwealth.  The  new 
Prison  Building  was  completed  in  October  last,  and  the 
Convicts  were  immediately  removed  to  the  occupation 
of  it.  A  more  steady  and  strict  discipline  was  intro- 
duced, and  the  experiment  has  commenced,  of  the  effect 
of  entire  solitude  in  confinement,  by  night,  and  silence 
and  constant  inspection  at  labor,  by  day.     All  communi- 


GOVERNOR'S  MESSAGE.  223 

cation  by  the  Convicts  with  each  other,  and  by  the  Offi- 
cers with  them,  except  for  purposes  of  authority  or  in- 
struction, is  now  prohibited.  Intercourse,  by  conver- 
sation or  correspondence  with  friends,  or  other  persons, 
from  without,  is  not  permitted.  They  are  no  longer  in- 
dulged in  idleness  and  relaxation  in  the  yard.  Both 
stint  and  overstint  are  abolished,  and  incessant  labor 
in  the  hours  for  employment  is  required.  By  the  erec- 
tion and  arrangements  of  a  new  Cookery,  connected 
with  the  Prison  Building,  the  food  of  each  individual  is 
furnished  to  him  separately,  and  he  is  required  to  eat 
it,  in  the  stillness  and  solitude  of  his  cell.  No  moment 
of  opportunity  is  afforded  for  acquaintance  or  associa- 
tion. Thus  the  Convicts  are  constantly  kept,  either  in 
entire  seclusion  from  each  other,  or  under  the  vigilant 
watch  of  their  Officers.  Their  only  alternation  is  from 
their  prison  house  of  cells  to  their  workshops,  for  la- 
bour, and  from  the  workshops,  for  refreshment,  by  food 
or  sleep,  back  to  their  cells  again.  Here  no  voice, 
save  that  of  pious  exhortation,  reaches  them.  Each 
man  is  in  silence  and  by  himself.  The  mind  finds  sub- 
jects for  occupation  but  in  its  own  communings,  and  in 
bitter  regrets  ;  and  from  the  poignancy  of  these,  reli- 
gious books,  and  the  Chaplain's  offices  of  devotion,  are 
the  only  sources  of  relief.  The  change  cannot  but  be 
most  striking  and  influential.  Heretofore,  the  Convicts 
were  in  association  in  labour,  without  discrimination  of 
character  or  classes,  and  were  allured  to  obedience  and 
industry,  by  excessive  allowances  for  work  of  overstint. 
They  were  in  companies  by  night,  left  to  idle  and  vicious 
intercourse,  to  contrivances  of  mischief,  and  the  ingenious 
device  and  practice  of  games  and  tricks  for  amusement. 
They  partook  of  their  food  together,  and  in  the  society 
of  a  Commons  Hall  found  the  sympathy  of  fellowship 


224  GOVERNOR'S  MESSAGE. 

and  the  feelings  of  a  kindred  nature.  The  old  and  the 
young,  the  hardened  veteran  and  the  novice  in  crimej 
promiscuously  mingled  together,  and  acquaintance,  con- 
tamination, and  familiarity  with  schemes  and  tales  of 
villainy,  sunk  all  to  the  same  depth  in  depravity  and 
corruption  of  heart.  The  reverse  of  all  this  is  now 
their  condition,  and  the  good  effects  of  the  new  police 
are  already  sensibly  experienced.  The  fierce  temper 
has  been  subdued.  The  spirit  of  obduracy  and  of  un- 
yielding defiance  to  authority  has  been  softened,  and 
mildness,  submission,  patient  endurance  of  increased 
restraint,  and  a  willing  performance  of  required  service 
are  manifested.  If  a  separation  from  bad  associates, 
the  strictest  sobriety  of  deportment,  regular  and  indus- 
trious occupation,  with  the  advantages  of  impressive 
moral  and  religious  instruction,  can  produce  reforma- 
tion in  offenders,  it  may  now  be  hoped  for,  under  the 
excellent  arrangements,  and  with  the  faithful  Officers  of 
this  improved  Penitentiary. 

It  was  not  to  have  been  expected,  that,  during  the 
work  of  erecting  the  new  Prison,  and  the  extensive  al- 
terations and  repairs  which  have  been  going  on,  in  and 
about  the  Establishment,  and  to  which  the  labour  of 
the  convicts  has  been  in  a  great  measure  applied,  the 
financial  operations  of  the  Institution  would  be  improv- 
ed. The  interruption  of  regular  systematic  employment 
necessarily  occasions  loss,  and  the  want  of  accommo- 
dation for  engagements  in  different  and  more  profitable 
branches  of  business,  than  heretofore  had  been  pur- 
sued, has  prevented  change.  The  Warden  is  now  seek- 
ing other  and  better  means  of  productive  occupation 
for  the  convicts,  and  there  is  reason  to  expect,  that  the 
Prison,  after  the  expenses  already  incurred  are  paid, 
will  cease  to  be  a  charge  upon  the  Treasury,  and  may 


GOVERNOR'S  MESSAGE.  225 

be  made,  ultimately,  to  reimburse  some  part  of  the  cost, 
which  it  has  hitherto  occasioned.  The  annual  state- 
ment of  accounts,  made  up  to  the  first  of  October  last, 
exhibits  a  balance  of  expense  for  the  year,  in  the  sup- 
port and  government  of  the  convicts,  beyond  their  earn- 
ings, of  ^8,396  43.  This  deficit  has  continued  to  result, 
in  some  degree,  from  the  depreciation  of  the  value  of 
stock  previously  on  hand,  and  the  diminished  demand 
and  reduced  price  for  work  in  stone.  The  balance, 
however,  is  less,  by  almost  Four  Thousand  Dollars,  than 
that  of  the  accounts  of  the  preceding  year.  There  will 
be  found,  in  the  several  communications  of  the  Warden, 
many  important  suggestions  of  further  improvements  in 
the  Institution,  which  I  recommend  to  your  considera- 
tion. The  Physician,  also,  has  proposed  changes  in  the 
conduct  of  his  Department,  the  occasion  for  which  he 
has  particularly  explained  in  his  Report. 

The  interest  of  the  Commonwealth  in  the  public  lands 
in  Maine  continues  to  be  satisfactorily  and  advantage- 
ously managed  by  the  Agent  of  the  Government.  The 
sales  of  land  and  timber,  the  last  year,  have  amounted 
to  ^21,129  29,  for  which  the  Agent  has  accounted  w4th 
the  Treasury.  Depredations,  which  heretofore  were  so 
common  and  destructive  of  the  property,  have,  in  a 
great  measure,  been  prevented,  and  but  little  injury  is 
now  suffered  from  irresponsible  and  lawless  trespassers. 
By  the  construction  of  Roads  from  the  Kennebec  to 
Canada,  and  from  the  Penobscot  to  Houlton,  which  are 
in  progress,  additional  tracts  of  excellent  land  will  soon 
be  opened  for  settlement,  and  those  remote  districts, 
greatly  enhanced  in  value,  be  brought  into  the  market. 

It  has  been  represented  to  me,  from  sources  of  intel- 
ligence entitled  to  great  respect,  that  the  laws  of  the 
Commonwealth,  which  relate  to  the  Survey  of  Lumber, 
SO 


226  GOVERNOR'S  MESSAGE. 

operate  with  much  prejudice  to  our  trade  with  the  State 
of  Maine.  Previous  to  the  separation,  a  survey  of  him- 
ber  in  either  of  the  towns  of  the  then  District,  by  the 
proper  officer,  would  allow  of  the  importation  and  con- 
sumption of  it  here,  or  its  exportation  abroad,  without 
further  inspection.  But,  by  the  Act  of  Separation,  this 
application  of  the  law  to  that  part  of  the  country,  ceas- 
ed, and  lumber  afterwards  brought  from  Maine,  became 
subject  to  the  occasion  and  cost  of  survey  in  our  ports. 
The  inconveniences  and  loss  to  dealers  in  the  commod- 
ity, which  are  thus  incurred,  have  been  much  com- 
plained of,  and  induce,  as  it  is  said,  to  no  inconsidera- 
ble diversion  of  the  trade  to  other  places.  The  business 
is  of  vast  importance  to  this  Commonwealth.  By  far 
the  greater  part  of  the  boards,  plank,  joist  and  building  ^ 
timber,  used  in  our  Commercial  Towns,  and  nearly  all 
exported  thence  to  foreign  countries,  is  first  obtained 
from  the  State  of  Maine.  We  have  also  the  a.dvantage 
of  furnishing  supplies  of  merchandize  in  return.  What 
measures,  if  any,  are  necessary  for  the  preservation  of 
this  hitherto  extensive  and  profitable  traffic,  the  Legis- 
lature will  decide.  A  regard  to  the  benefits  which  re- 
sult from  cultivating  the  mutual  relations  and  interests 
of  States,  which  have  long  and  happily  been  connected 
with  each  other,  will  not  fail  to  secure  to  the  subject  a 
proper  consideration. 

The  annual  accounts  of  the  State  Treasury,  made  up 
to  the  1st  instant,  present  a  result  similar  to  that  of 
several  preceding  years,  in  a  deficit  of  the  ordinary 
revenue  to  meet  the  expenditures  of  the  government. 
The  receipts,  exclusive  of  money  obtained  upon  loans, 
amount  to  ^262,944  81,  and  the  payments  to  ^293,942 
45  ; — producing  an  excess  of  the  latter  over  the  former, 
of  ^30,997  64.     It  should  be  recollected,  however,  that 


GOVERNOR'S  MESSAGE.  227 

the  tax  of  75,000  dollars,  granted  by  this  Legislature, 
at  the  June  Session,  was  not  made  available  to  the 
Treasury,  during  the  past  year.  It  becomes  due  in 
April,  and  will  constitute  a  large  item  of  credit  in  the 
next  annual  account.  The  debt  of  the  Commonwealth, 
still  owing  to  the  banks,  is  ^107,300,  and  it  is  obvious, 
from  comparing  the  usual  expenses  of  the  government 
with  the  sources  of  income,  that  to  prevent  its  accumu- 
lation, an  annual  tax,  of  moderate  amount,  will  continue 
to  be  required.  Had  the  recent  grant  been  included 
with  the  credits  of  the  last  account,  a  balance  of  debt, 
not  exceeding  sixty  thousand  dollars,  would  have  re- 
mained. Gradually  to  extinguish  this  obligation,  and 
to  have  the  command,  at  all  times,  of  adequate  means 
to  the  exigences  of  the  State,  without  an  inconvenient 
and  discreditable  recourse  to  loans,  must  be  the  desire 
of  every  discreet  and  sound  politician.  The  expediency 
of  improving  the  more  leisure  opportunity  of  the  present 
time,  for  arranging  a  Tax  Bill  for  the  ensuing  year,  rather 
than  of  postponing  the  service  to  the  hurried  engage- 
ments of  a  summer  session,  is  recommended  to  your 
consideration.  Neither  the  amount,  nor  period  for  col- 
lection, need  be  affected  by  the  measure,  while  some 
disadvantages  which  are  complained  of  by  the  commu- 
nity, in  the  assessment  of  a  grant  in  the  advance  of  the 
season,  may  be  avoided. 

In  anticipating  any  future  occasion  of  extraordinary 
expense  to  the  Commonwealth,  with  a  view  to  its  finan- 
cial requirements,  it  may  be  useful  to  recur  to  some  of 
the  principal  causes  of  charge,  which  are  already  re- 
.  moved.  Within  the  last  five  years,  the  repairs  and  im- 
provements upon  and  around  the  State  House,  rendered 
necessary  by  the  decaying  and  dilapidated  condition  of 
the  walls  of  the  building,  and  of  the  falling  fences,  have 


228  GOVERNOR'S  MESSAGE. 

exceeded  30,000  dollars.  The  new  Prison  at  Charles- 
town,  with  alterations  and  additions  made  at  that  Insti- 
tution, within  the  like  period,  have  been  constructed,  at 
a  cost  to  the  government,  either  directly  by  drafts  on 
the  treasury,  or  by  an  application  of  the  earnings  of  the 
convicts,  of  more  than  80,000  dollars.  The  aggregate 
of  these  items,  alone,  is  greater  than  the  present  debt  of 
the  Commonwealth.  The  necessity  of  any  considera- 
ble expense,  upon  the  same  objects,  will  not  again,  for 
a  long  time,  occur  ;  and  the  difference  which  will  thus 
be  produced  in  the  expenditures,  with  the  operation  of 
an  annual  tax  of  75,000  dollars  in  aid  of  the  revenue, 
will  be  sufficient,  besides  gradually  diminishing  the  debt, 
to  meet  all  probable  contingencies,  and  allow  of  con- 
tinued contributions  to  important  general  purposes. 

The  melancholy  experience  of  the  past  year  has  put 
to  the  test  the  policy  of  the  Laws  of  the  Commonwealth, 
in  relation  to  Manufacturing  Corporations.  The  worst 
effect  which  had  been  anticipated  from  these  statutes, 
was,  that  capital  would  thereby  be  driven  for  investment 
in  manufactures,  ivithout  the  State,  but  they  have  been 
found  to  work  a  far  greater  mischief  than  this,  within. 
The  spirit  of  enterprise  and  confidence,  unheeding  the 
threatening  provisions  of  the  laws,  induced  to  extensive 
engagements  in  manufacturing  establishments,  which 
have  been  followed  by  wide  spreading  and  irretrievable 
ruin  to  individuals.  Proprietorship  is  attended  with 
overwhelming  responsibilities.  The  amount  of  private 
interest  measures  no  degrees  of  personal  liability,  short 
of  the  whole  debt  of  the  Corporation,  and  instances,  nu- 
merous and  distressing,  are  presented,  of  fortunes  made, 
bankrupt,  and  families  suddenly  and  unexpectedly  re- 
duced to  poverty  and  wretchedness,  as  a  consequence 
of  the  most  inconsiderable  contributions  to  manufactur- 


GOVERNOR'S  MESSAGE.  229 

ing  capital.  That  there  has  been  much  imprudence 
and  profusion  in  the  management  of  such  establish- 
ments, will  not  be  questioned,  but  the  fluctuations  of 
trade,  the  general  stagnation  of  business,  competition 
with  the  forced  sales  of  foreign  goods  in  glutted  mar- 
kets, together  with  the  very  character  of  the  credit 
which  the  laws  create,  have  greatly  conduced  to  their 
disasters. 

In  the  present  state  of  things,  the  credit  of  corpora- 
tions and  stockholders  is  equally  destroyed,  and,  for  all 
the  purposes  of  trade,  the  whole  capital  invested  in 
manufactures  is  lost.  So  universal  has  become  the  dis- 
trust of  this  species  of  property,  from  the  unlimited  and 
tremendous  responsibilities  which  attend  its  possession, 
that  it  has  almost  ceased  to  be  transferable  in  the  mar- 
ket, upon  any  consideration.  It  will  neither  command 
the  accommodation  of  a  loan,  nor  be  received  in  pay- 
ment of  a  debt.  The  mutuality  of  obligation,  between 
the  corporation  and  the  stockholder,  is  Jilike  prejudicial 
to  the  security  which  either  might  otherwise  furnish. 
The  stock  of  the  corporation  is  discredited  and  depre- 
ciated, because  it  attaches  personal  liabilities  to  proprie- 
tors, and  the  personal  credit  of  proprietors  is  distrusted 
in  turn,  because  of  their  stock  in  corporations.  The 
extent  of  the  injury,  which  the  practical  application  of 
this  principle  of  private  responsibility  is  producing,  is 
truly  alarming,  while  all  the  purposes,  for  which  it  was 
imposed,  arc  like  to  be  defeated.  The  professed  design 
was  to  secure  the  credit  of  corporations,  by  enforcing 
the  payment  of  their  debts ;  the  effect  is  to  impair  that 
confidence  in  property,  upon  which  alone  credit  can  be 
obtained.  The  business  of  manufactures  requires,  for 
its  successful  prosecution,  the  employment  of  large 
capital.     The  contributions  of  many  individuals  are  nee- 


230  GOVERNOR'S  MESSAGE. 

essary  to  the  creation  of  the  fund.  But  men,  with  the 
admonitions  they  have  had,  will  no  longer  consent,  for 
the  chance  of  profit  upon  a  share  in  a  concern,  to  put 
their  whole  property  at  the  hazard  of  circumstances, 
which  they  neither  can  foresee,  nor  over  which  they  can 
have  any  control.  If  no  limitation  of  liability  is  here- 
after to  protect  them  from  danger  of  loss  in  corpora- 
tions, beyond  their  respective  proportions  in  the  stock, 
their  engagements  in  them  will  cease,  and  the  manufac- 
turing interest,  to  a  great  extent,  must  be  abandoned  in 
Massachusetts. 

If  the  foregoing  be  not  altogether  a  mistaken  view  of 
the  subject,  there  is  occasion  for  some  new  measures 
of  legislation  to  preserve  our  existing  manufactures. 
Their  importance  to  the  prosperity  of  the  Common- 
wealth is  too  obvious  to  be  disregarded.  They  have 
become  intimately  connected  with  the  other  great  inter- 
ests of  society,  and  largely  enter  into  all  the  occupations 
of  the  citizens.  The  Mechanic  Arts  are  their  auxilia- 
ries, and  derive  from  them  their  best  employments  and 
highest  rewards.  Turn  back  upon  Husbandry  the  thou- 
sands of  hands  now  busied  in  the  operations  of  ma- 
chinery, upon  the  waterfalls  of  Massachusetts,  and,  in 
the  superabundance  of  the  articles  of  subsistence  which 
they  would  produce,  Agriculture  would  languish. 
Drive  from  us  this  same  population,  and  consequences 
still  more  disastrous  would  ensue.  The  workshops  of 
the  interior,  where  mechanics  and  manufacturers  are 
gathered  in  thick  settlements  together,  furnish  the  best 
markets  for  agricultural  products.  For  many  articles, 
they  are  the  only  markets.  Provisions,  and  the  perish- 
able commodities  which  tillage  produces,  but  produces 
only  with  profit  in  the  neighborhood  of  dense  popula- 
tion, find  here  a  ready  demand.     The  fresh  villages  of 


GOVERNOR'S  MESSAGE.  231 

New  England,  with  her  fruitful  fields  of  recent  cultiva- 
tion, witness  to  the  advantages  which  flow  from  manu- 
factures. These  had  not  otherwise  existed,  brightening 
every  prospect,  and  full  of  the  promise  of  still  further 
improvement. 

A  practice  has  grown  up  in  the  Commonwealth,  in 
the  voluntary  assignment  by  insolvent  debtors  of  the 
whole  of  their  property  to  preferred  and  favored  credi- 
tors, which,  from  the  injustice  it  often  occasions,  and 
the  abuses  attending  it,  requires  to  be  presented  to  the 
consideration  of  the  Legislature.  It  is  not  the  worst 
feature  of  the  arrangement,  that  it  distributes,  unequal- 
ly, to  a  few  and  often  those  least  entitled,  that  fund, 
which  is  the  equal  right  of  many,  but  it  is  the  more  ob- 
jectionable, that,  by  a  secret  confidence  between  indi- 
viduals, it  is  made  to  sustain  a  false  credit,  and  enable 
a  debtor,  long  after  he  ceases  to  be  solvent,  to  continue 
his  business,  and  more  deeply  affect,  by  his  ultimate 
failure,  the  fortunes  of  others.  It  certainly  is  no  unu- 
sual observation,  that,  upon  a  general  assignment,  by  an 
insolvent,  his  whole  property  is  found  in  the  hands  of 
those  who  have  given  him  trust,  upon  the  sole  reliance, 
that  whenever  there  might  be  occasion,  their  security 
should  seasonably  be  provided  for.  A  very  common 
sentiment,  that  sureties  upon  accommodation  paper  are 
entitled  to  this  precedence,  favors  the  practice,  and 
greatly  aggravates  the  evils  which  result  from  it.  By 
reason  of  the  money  which,  upon  this  confidence,  can 
be  obtained,  the  personal  ability  of  men  can  no  longer 
be  determined,  by  their  ostensible  situation.  It  enables 
them  to  exhibit  a  fictitious  capital  upon  which  to  trade, 
and  to  gain  credit  from  tha  possession  of  the  property 
of  others,  to  which  their  own  responsibility  would  not 
entitle  them. 


232  GOVERNOR'S  MESSAGE. 

Of  like  pernicious  tendency  are  secret  pledges  of 
personal  property,  while  the  possession  remains  with  the 
original  owner.  By  the  opportunity  for  management 
which  such  arrangement  affords,  the  only  obvious  index 
of  the  right  to  chattels  is  destroyed,  and  unless  the  law 
shall  interpose,  it  will  soon  cease  to  be  any  criterion,  by 
which  to  judge  of  the  trustworthiness  of  a  tradesman, 
that  his  shop  is  filled  with  merchandize,  or  of  a  hus- 
bandman, that  his  fields  are  stocked  with  cattle,  or  of  a 
householder,  that  he  has  ample  furniture  and  stores  of 
goods  in  his  habitation.  This  appearance  of  one  thing 
and  reality  of  another  has,  in  some  instances,  led  to  the 
grossest  impositions.  A  mortgagor,  who  seeks  further 
credit,  may  conceal  the  true  state  of  his  property,  and 
a  stranger  to  a  subsisting  pledge,  trusting  to  a  second 
lien,  will  be  defeated  of  his  plighted  security.  Ofiicers 
of  the  law,  in  the  execution  of  civil  process,  are  greatly 
embarrassed,  and  sometimes  betrayed  into  serious  diffi- 
culties, by  the  situation  of  property  in  the  hands  of 
debtors.  Distrust  and  caution  may  either  induce  them, 
to  suffer  it  improperly  to  escape  attachment,  or  confi- 
dence in  seizing  it,  involve  them  in  litigation.  While 
the  smallest  portions  of  real  estate  cannot  be  secured  to 
the  absolute  proprietor  without  a  registered  notice  of 
title,  it  cannot  but  appear  strange,  that  goods,  to  any 
amount,  may  be  safely  held  in  pledge,  upon  a  mere 
bargain  of  assignment,  against  every  visible  badge  of 
ownership. 

It  is  submitted  to  the  wisdom  of  the  Legislature,  as 
matter  of  increasing  concern,  that,  upon  a  contract  of 
conditional  transfer  of  goods  and  chattels,  a  public  no- 
tification of  the  fact,  or  an  actual  delivery  over  and  con- 
tinued possession  of  the  property,  should  be  required,  to 
render  a  mortgage  effectual. 


GOVERNOR'S  MESSAGE.  233 

In  connexion  with  the  revision  of  laws  which  relate 
to  the  property  of  insolvents,  those  which  respect  their 
persons  do  not  less  require  examination.  The  claims 
of  humanity  have  long  urged  the  abolishment  of  impris- 
onment for  debt,  and  I  cannot  but  recommend,  that  the 
rigor  of  the  statutes  should,  at  least,  be  ameliorated,  in 
this  particular.  The  most  diligent  and  exact  inquiry 
has  shown,  that  but  little  effect  in  enforcing  the  pay- 
ment of  money  is  produced,  by  confining  the  persons 
of  debtors.  Whatever  decided  advantage,  in  this  re- 
spect, is  experienced,  proceeds  from  a  dread  of  imprison- 
ment, which  induces  to  the  honest  application  of  means, 
and  faithful  efforts  to  avoid  it.  This  is  the  true  and  only 
purpose  of  the  law,  and  any  degree  of  severity  beyond 
what  is  necessary  to  accomplish  it,  should  be  dispensed 
with.  If  it  was  permitted  to  a  debtor,  when  arrested 
on  execution,  instead  of  being  taken  to  prison,  to  give 
bail  for  his  surrender  at  the  prison  house,  within  a  pre- 
scribed time,  there  to  be  subjected  to  an  examination, 
on  oath,  respecting  his  ability  and  property,  and  to  be 
committed  to  close  custody,  if  he  should  be  found  to 
have  practised  fraud,  or  voluntarily  to  delay  his  creditor, 
the  ends  of  justice  might  be  as  well  secured  as  under 
the  present  course  of  procedure,  and  the  dictates  of 
benevolence  and  sympathy  and  the  rights  of  humanity 
would  be  reasonably  satisfied.  The  general  state 
of  embarrassment  which  now  exists,  and  the  increas- 
ed number  of  unfortunate  men  who  are  suffering 
from  the  most  unlooked  for  occasions  of  calamity,  urge, 
with  redoubled  influence,  at  the  present  time,  to  the 
proposed,  or  some  better  modification  of  the  statutes. 

The  liberaliiy  of  the  appropriation  made  by  the  gov- 
ernment for  the  education  of  the   Deaf  and  Dumb,  and 
the  discretionary  authority  vested  in  the  Executive  over 
31 


234  GOVERNOR'S  MESSAGE. 

its  application,  render  it  proper  that  the  Legislature 
should  be  advised,  from  time  to  time,  of  the  measures 
which  are  pursued,  in  administering  this  interesting  char- 
ity. For  this  purpose,  a  statement  has  been  prepared  by 
the  Secretary  of  State,  at  my  request,  which,  in  con- 
nexion with  the  published  Reports,  will  exhibit  to  you, 
in  detail,  its  cheering  results.  By  the  Resolves  of  the 
7th  of  February  last,  the  former  provisions  for  instruc- 
tion in  the  Asylum  at  Hartford,  were  renewed  and  ex- 
tended, and  the  appropriation  was  increased  to  the  sum 
of  ^6,500  annually.  Although  every  degree  of  publicity 
has  been  given  to  this  munificent  act,  accompanied  with 
a  solicitation  to  the  friends  of  persons  who  were  within 
the  intention  of  the  bounty,  to  present  them  for  admis- 
sion to  its  benefits,  yet  but  nine  applications  have  been 
preferred  during  the  year.  The  number  being  so  un- 
expectedly small,  upon  the  recommendation  of  the  Fac- 
ulty of  the  Institution,  twenty-three  of  the  class  whose 
term  was  about  to  expire,  and  who  were  most  distin- 
guished for  talents  and  proficiency  in  acquirements, 
were  permitted  to  remain  another  year.  The  whole 
number  now  at  the  Asylum,  on  the  charge  of  the  State, 
is  forty  Jive;  less,  by  eleven,  than  might  be  supported 
under  the  appropriation.  There  is  good  reason,  from 
many  circumstances,  to  believe,  that  when  these  shall 
have  completed  their  course  of  pupilage,  the  whole  deaf 
and  dumb  of  the  Commonwealth,  of  suitable  age  and 
capacity  to  be  taught,  will  be  educated.  The  average 
number  of  new  pupils,  annually,  will  not  probably  ex- 
ceed from  five  to  seven.  Massachusetts  may  well  boast 
that  she  provides  means  of  instruction  for  all  her 
children. 

I  have  felt  it  a  duty,  on  repeated  occasions,  hereto- 
fore, and  it  is  not  the  less  imperatively  required  of  me 
at  the  present  time,  to  invite  with  earnestness  the  at- 


GOVERNOR'S  MESSAGE.  235 

tention  of  the  Legislature  to  the  situation  of  the  Claim 
of  Massachusetts  upon  the  General  Government,  for 
Militia  services  during  the  last  war.  Whether  the  mag- 
nitude of  the  debt,  now  amounting,  with  interest,  to 
more  than  a  million  and  a  half  of  dollars,  or  the  char- 
acter of  the  State,  involved  in  the  objections  which  have 
been  made  to  its  payment,  be  regarded,  it  is  equally 
important  that  the  subject  should  be  speedily  and  finally 
disposed  of.  Nearly  fifteen  years  have  now  elapsed 
since  this  demand  was  first  exhibited  to  the  Executive 
of  the  Nation,  while  we  have  been  constantly  seeking, 
and,  with  an  acquiescence  and  submission  scarcely  consis- 
tent with  the  maintenance  of  our  rights,  patiently  wait- 
ing the  justice  of  its  allowance.  The  sudden  and  ex- 
traordinary reference  of  it  to  the  disposition  of  Congress, 
left  nothing  subsequently  to  be  accomplished  with  the 
Executive  Government.  It  has  since  been  made  a 
matter  of  occasional  attention  in  the  House  of  Repre- 
sentatives, but  except  in  a  Report  from  the  Secretary  of 
War,  by  which  a  classification  of  the  services  is  exhibited, 
and  the  evidence  to  the  diflfercnt  charges  in  the  account 
arranged  according  to  its  application  in  their  support, 
no  apparent  advance  has  been  made  towards  a  final  ad- 
justment. The  case,  in  all  its  circumstances,  remains 
precisely  where  it  was  left  by  the  Secretary's  Report, 
during  the  first  session  of  the  last  Congress,  and  where, 
it  may  well  be  feared,  it  will  long  continue  to  be,  unless 
a  more  audible  tone  shall  be  raised  to  demand  its  deci- 
sion. When  the  character  of  this  claim  shall  come  to 
be  understood,  there  will  not  fail  to  be  an  universal  sen- 
timent of  surprise,  at  the  injustice  of  the  delay  which 
has  been  suflfered.  While  it  will  then  appear,  that  all 
the  services  of  the  Militia  were  in  the  common  defence, 
a  portion  of  them  will  be  presented  with  distinguished 


236  GOVERNOR'S  MESSAGE. 

claims  to  the  nation's  gratitude.  Even  the  protection 
afforded  to  the  navy  yard  in  our  harbour,  and  to  the 
flag  of  the  Union,  floating  from  the  ara.ed  ships  which 
were  moored  there,  and  this  at  the  special  instance  of 
an  officer  of  the  United  States,  is  among  the  unrequited 
items  of  the  service.  Of  tlie  same  character  was  the 
defence  of  the  seaboard,  and  of  the  harbours  along  the 
coast,  and  of  the  mouths  of  rivers,  by  the  faithful  citi- 
zens of  Massachusetts,  and  their  patriotic  brethren  of 
Maine.  There  is,  indeed,  n^.uch  reason  to  complain  of 
the  treatment  which  the  subject  has  experienced.  Our 
Delegates  in  Congress  have  not  ceased  to  urge  to  its 
investigation.  They  have  pressed  for  a  discussion  upon 
the  merits,  knowing  that  prejudice  must  yield  to  correct 
information,  and  that  it  was  only  necessary  that  facts 
and  explanations  should  be  listened  to,  to  disarm  oppo- 
sition. Their  efforts  have  been  hitherto  unavailing, 
and  it  seems  time  to  inquire,  if  a  direct  appeal  from 
the  State,  in  its  sovereignty,  may  not  be  made  more 
effectual  to  the  vindication  of  its  interest  and  honor. 
This  measure  was  recommended  to  the  Legislature  of 
the  last  year.  The  reasons  then  offered  for  its  adop- 
tion, with  the  additional  one  of  the  subsequent  delay, 
together  with  the  consideration,  that  a  limited  session 
of  Congress  will  not  exclude  ample  opportunity,  at  this 
time,  for  inquiry  and  debate,  again  induce  me  respect- 
fully to  repeat  the  recommendation.  The  printed  doc- 
uments, and  manuscript  copies  of  correspondence, 
and  whatever  other  papers  refer  to  the  subject,  or  may 
explain  the  proceedings  which  have  at  any  time  been 
had  in  its  management,  are  upon  the  files  of  each  branch 
of  the  Legislature,  leaving  nothing  further,  with  the 
Executive,  to  be  communicated. 
It  gives  me  unfeigned  pleasure  to  refer  to  the  late  able 


GOVERNOR'S  MESSAGE.  237 

exposition  of  our  public  concerns,  by  the  President  of 
the  United  States.  It  exhibits  the  proud  eminence  to 
which  our  Country  has  advanced  in  the  rank  of  Nations. 
We  take  a  deep  interest,  too,  in  the  avowal  of  the  prin- 
ciples ot  political  action  which  shall  direct  the  admin- 
istration of  our  national  affairs.  The  powers  which 
have  been  conceded  to  the  general  government,  though 
greatly  restricted,  may  yet  be  so  exercised,  as  to  affect, 
with  no  inconsiderable  influence,  the  domestic  relations 
of  the  several  States,  even  if  they  produce  no  conflict 
of  jurisdiction  upon  subjects  within  their  reserved  and 
exclusive  sovereignty.  It  is  satisfactory  therefore,  to 
receive  a  pledge  from  the  Chief  Magistrate  of  the 
Union,  on  the  threshold  of  oftice,  which  respects  the 
will  and  authority  of  the  People  as  the  source  of  power, 
refers  to  written  constitutions  of  government  to  define 
the  extent  to  which  it  has  been  delegated,  regards  the 
promotion  of  the  common  good  as  the  legitimate  pur- 
pose of  its  exercise,  and  the  security  of  the  equal  rights 
of  all,  social  order,  and  the  peace,  integrity,  and  hap- 
piness of  the  Confederated  Nation,  as  the  only  ends  for 
its  attainment.  These  are  the  dictates  of  pure  and  ele- 
vated republican  sentiment,  and  happy  will  the  Nation 
be,  if  they  shall  continue,  as  they  have  done  heretofore, 
to  constitute  the  motives  and  regulate  the  conduct  of 
those  to  whom  are  committed,  by  a  free  People,  the 
management  of  their  dearest  interests. 

Nor  is  it  without  peculiar  gratification,  tliat  there  is 
seen,  in  the  expressed  opinions  of  the  President,  a  dis- 
tinct approval  of  that  system  of  policy,  which  extends 
protection  and  encouragement  to  the  domestic  industry 
of  the  country,  and  gives  aid  to  objects  of  internal  im- 
provement. It  is  of  subordinate  consideration,  by  whose 
instrumentality  the  government  is  administered,  so  that 


238  GOVEKNOR'S  MESSAGE. 

thereby  the  pubHc  welfare  is  promoted.  And  if,  at  any 
time,  the  enlightened,  the  patriotic,  and  the  faithful,  who 
have  disinterestedly  and  devotedly  served  the  Nation, 
are  obliged  to  retire  before  the  prejudice  which  distorts, 
and  the  wilfulness  which  misrepresents  both  the  char- 
acter and  the  consequences  of  their  measures,  it  is  the 
highest  relief  to  witness,  in  those  who  succeed  to  their 
places,  a  disposition  to  sustain  their  counsels,  and  to 
follow  their  footsteps,  in  the  pathway  of  political  wis- 
dom and  duty.  While,  therefore,  as  Citizens  of  the  Re- 
public, we  glory,  in  that  the  condition  of  the  country 
warrants  the  glowing  picture  of  prosperity  and  grandeur 
which  is  displayed  before  us,  as  constituents  of  the  gov- 
ernment we  are  not  to  be  unmindful,  that  it  is  the  result 
of  the  virtue  of  the  People,  and  of  the  fidelity  of  those 
who  were  their  agents  in  times  which  are  past.  The 
present  administration  do  not  now  exhibit  trophies  of 
their  own  acquirement,  but  the  extent  and  value  of  the 
rich  treasure  of  blessings  accumulated  by  illustrious  pre- 
decessors, and  committed  to  their  keeping.  A  jealous 
People  will  note  the  number  of  these  talents,  and  justly 
demand  a  corresponding  account  of  their  stewardship. 

In  approving,  generally,  of  the  sentiments  expressed 
in  the  Message,  neither  consistency  nor  candor  require 
an  assent  to  all  the  propositions  which  it  contains. 
There  are,  indeed,  matters  to  be  found  there,  about 
which  there  may  yet  be  somewhat  more  than  mere  spec- 
ulative differences  of  opinion.  The  Constitution  may 
be  amended  in  the  manner  suggested,  and  nevertheless, 
a  seat  on  the  bench,  a  place  in  the  cabinet,  a  diplomatic 
appointment,  or  the  numberless  dependencies  of  station, 
reward  personal  subserviency  to  the  ambition  of  an  aspi- 
rant to  office.  The  blood  of  the  Indians  may  yet  stain 
the  faith  of  treaties.    The  Bank  of  the  United  States  may 


GOVERNOR'S  MESSAGE.  239 

be  destroyed,  and  a  machinery  of  monied  influence  sub- 
stituted, as  well  adapted  to  corrupt  the  States  and  con- 
solidate the  Union.  These  are  subjects  of  fearful  in- 
terest, upon  which  the  language  of  the  President  cannot 
fail  to  produce  increased  anxiety  and  apprehension. 
But,  in  the  love  of  country,  in  the  spirit  of  harmony  and 
conciliation,  in  respect  for  those  honored  and  to  be 
honored  with  expressions  of  the  highest  confidence  of 
the  People,  and  for  the  intelligence  of  the  People  who 
bestow  or  may  withhold  this  confidence,  distrust  of 
their  proper  final  disposition  should  be  postponed  to 
future  opportunities  for  observation,  and  opposition  lim- 
ited to  just  occasions  for  disapproval  of  official  action. 

Aside  from  the  Message,  there  has  been  much  in  the 
political  events  of  the  last  year  to  lament  and  to  con- 
demn. We  have  seen  the  fire  of  party  discord  enkin- 
dled in  the  land,  and  brethren  of  the  same  political 
family  and  faith  alienated,  and  s^t  in  hostility  to  each 
other.  We  have  seen  one  administration  put  down, 
with  reproach,  and  another  triumphantly  placed  in  its 
stead,  professing,  as  is  now  apparent,  the  same  once 
reprobated  principles  of  general  policy,  and  to  pursue, 
doubtless,  the  same  obnoxious  system  of  public  mea- 
sures. We  have  had,  under  this  new  administration, 
melancholy  witness,  in  numerous  instances,  of  the  more 
eflfectual  claims  of  me7i  to  consideration,  than  of  prin- 
ciple, or  the  public  good ;  and  we  have  seen  the  vene- 
rable patriot  of  the  revolution,  veterans  of  the  first  and 
of  the  second  war  of  independence,  able  and  faithful 
civil  officers,  laborious  and  dependant  clerks,  driven  from 
their  only  means  of  support,  and  the  door  of  employment 
shut  against  them,  for  no  other  reason  than  the  unworthy 
suspicion,  that  integrity  may  not  be  proof  against  cor- 
ruption by  long  service,  or  that  loss  of  place  was  fit  pun- 


240  GOVERNOR'S  MESSAGE. 

ishment  for  an  uncompromising  exercise  of  the  rights  of 
freemen. 

These  remarks  are  not  made  to  gratify  a  spirit  of  dis- 
content, or  from  particular  regard  to  the  cases  of  indi- 
viduals, but  from  a  deep  and  solemn  conviction,  that 
the  precedent  which  has  been  given,  and  the  principles 
avowed  in  its  justification,  unless  rebuked  by  a  strong 
tone  of  public  sentiment,  will  reach  to  the  vitality  of  our 
institutions,  and  subvert  the  foundations  of  Civil  Liberty. 
What  is  more  becoming  the  character  of  the  patriotic 
citizen,  than  to  canvass  the  qualifications  of  a  candidate 
for  public  trust,  to  attend  the  polls,  and  to  deposit  his 
vote  in  the  ballot  box  ?  To  do  this,  is  among  his  high- 
est obligations.  To  neglect  this,  is  to  be  indifferent  to 
his  most  precious  privileges.  In  what  manner,  then, 
can  the  independent  and  conscientious  discharge  of 
duties,  common  to  every  citizen,  entitle  one  individual 
to  reward,  or  subject  another  to  punishment  ?  The  gov- 
ernment is  surely  to  be  administered  in  harmony  among 
its  officers,  and  when  there  exists  a  difference  as  to  the 
principles  upon  which  the  administration  should  be  con- 
ducted, those  who  are  assigned  to  act  together  in  mea- 
sures should  be  of  consentaneous  sentiment.  The  Su- 
preme Executive  Department  is  an  unity,  and  here, 
especially,  should  be  confidence  and  concert  between 
its  members.  But  upon  every  change  in  the  head  of 
this  department,  to  sweep  through  the  land  with  a  besom 
of  removal,  to  make  the  personal  support  of  the  suc- 
cessful candidate  a  sufficient  ground  for  appointment, 
and  an  honest  preference  for  a  defeated  competitor,  a 
forfeiture  of  favor,  is  to  corrupt  the  purity  of  elections 
by  the  bribes  of  office,  and  convert  a  government  of 
constitutions  and  laws  into  a  tyranny  of  men. 

Let  it  not  be  considered  a  departure  from  appropriate 


GOVERNOR'S  MESSAGE.  241 

duties,  that  this  reference  has  been  made  to  circum- 
stances connected  with  the  administration  of  the  federal 
union.  The  Citizens  of  the  Commonwealth  are  alike 
constituents  of  the  General  Government.  The  indepen- 
dence of  the  States  cannot  be  preserved  but  through 
the  freedom  of  the  nation.  Jealousy  and  a  never  slum- 
bering vigilance  are  the  only  security  of  the  People. 
Whenever  a  selfish  truckling  to  the  predominancy  of 
party  shall  prevent  the  alarm  of  danger,  liberty  will 
cease  to  be  enjoyed,  and  the  country,  either  by  foreign 
force,  or  domestic  despotism,  be  enslaved. 


LEVI  LINCOLN. 


Council  Chamber, 

Boston,  January  6,  1830. 


32 


242  MESSAGE. 


CHAP.  XXII. 

To  the  Honorable  Senate 

and  House  of  Representatives. 

During  the  recess,  I  received  from  the  States  of  Ver- 
mont, Missouri,  and  Mississippi,  resolutions  adopted  by 
their  respective  legislatures,  upon  constructions,  or  pro- 
posed amendments  of  the  Constitution  of  the  United 
States.  The  resolutions  of  Mississippi  declare  the  tariff 
of  1828  to  be  contrary  to  the  spirit  of  the  Constitution, 
unjust  and  oppressive  in  its  operation  on  the  Southern 
States,  and  that  it  ought  to  be  resisted  by  all  constitu- 
tional means.  Those  of  Missouri  deny  the  power  of 
Congress  to  appropriate  money  to  aid  the  American 
Colonization  Society  ;  and  also  propose  an  amendment 
of  the  Constitution  of  the  United  States,  in  such  manner 
as  to  provide  for  a  uniform  mode  throughout  the  States 
of  electing  the  President  and  Vice  President  directly  by 
the  People,  without  the  intervention  of  Electors,  with  a 
security  to  the  States  respectively  of  the  same  relative 
weight  in  the  election  as  by  the  existing  mode,  and  with 
a  provision,  that,  in  no  case  whatever,  shall  the  election 
be  submitted  to  the  House  of  Representatives  of  the 
United  States.  The  resolutions  of  Vermont  are  a  dis- 
sent to  the  above  propositions  of  the  State  of  Mis- 
souri, on  the  subject  of  amending  the  Constitution,  and 
an  expression  of  opinion,  that  it  is  inexpedient,  at  pre- 
sent, to  alter  the  Constitution  in  that  particular. 

In  transmitting  these  documents,  in  respectful  com- 
pliance with  the  requests  which  accompany  them,  it 
becomes  me  to  add,  that  the  general  subjects  embraced 
in  them  all,  although  not  presented  precisely  in  the  same 
shape,  have  repeatedly  been  within  the  consideration 
of  the  Legislature  of  Massachusetts,  upon  communica- 
tions from  other  of  the  States. 

LEVI  LINCOLN. 

Council  Chamber,  January  7,  1830. 


MESSAGE.  243 


CHAP.  XXIII. 


To  the  Honorable  Senate 

and  House  of  Representatives. 

I  transmit  to  the  Legislature  a  Report  of  the  Engi- 
neer appointed  to  make  a  survey  for  a  Rail  Road  from 
the  City  of  Boston  to  Lowell,  with  a  delineation  of  the 
courses  of  his  surveys,  and  estimates  of  the  expense  of 
such  a  construction.  The  plan  exhibits  an  election  of 
routes,  of  less  distance  than  the  present  stage  road, 
over  which  a  way  may  be  laid,  with  an  inclination  in  no 
place  exceeding  the  rate  of  twenty  six  feet  to  the  mile. 
The  facilities  which  the  country  affords  for  the  work 
are  found  to  be  unusually  great.  The  estimated  cost  of 
a  Road,  with  a  single  set  of  tracks,  is  ^167,956,  for  the 
whole  distance  of  twenty  three  miles  and  five  eighths  of 
a  mile;  or  about  ;$f75llO  per  mile.  The  Engineer  has 
also  made  an  estimate  of  the  cost  of  grading  and  finishing 
a  Macadamized  Carriage  Road,  twenty  four  feet  wide, 
with  no  greater  inclination,  in  any  part,  than  thirty  feet 
to  a  mile,  upon  the  proposed  line  of  the  Rail  Road. 
His  report  is  rendered  still  more  highly  interesting  by 
important  suggestions,  and  illustrations  of  the  advanta- 
ges which  may  be  made  to  result  from  improving  the 
means  of  communication  along  the  route,  by  which  the 
business  of  the  neighboring  country  will  be  greatly  in- 
creased, and  an  extensive  and  valuable  trade  promoted, 
from  the  western  parts  of  the  State  of  New  Hampshire, 
and  from  Vermont,  v/ith  the  City  of  Boston.  Anticipating 
that  the  pubhcation  of  the  document  would  be  ordered, 
I  have  not  thought  it  proper  to  cause  the  expense  and 
delay  of  the  preparation  of  duplicate  copies  for  trans- 
mission. 

LEVI  LINCOLN. 

Council  Chamber,  January  7,  1830. 


244      SUTTON  BANK.— FARMERS  BANK. 

CHAP.  XXIV. 

Resoke  relative  to  the  Sutton  Bank. 
January  «,   1830. 

Resolved,  That  Hon.  John  W.  Lincoln,  William 
Sturgis,  and  John  Wyles,  be  a  Committee  to  inquire 
into,  and  report  to  this  Legislature,  as  soon  as  may  be, 
respecting  the  doings  of  the  Sutton  Bank,  and  the  pre- 
sent state  thereof;  that  the  said  Committee  be  instruct- 
ed to  inquire  whether  the  said  Corporation  have  ex- 
ceeded the  powers  granted  them,  or  failed  to  comply 
with  the  rules,  restrictions,  and  conditions  required  by 
their  act  of  incorporation ;  that  they,  or  any  two  of 
them,  have  power  to  examine  the  books  and  vaults  of 
the  said  Corporation,  and  to  send  for  such  persons  and 
papers  as  they  shall  deem  necessary  to  effect  the  object 
of  their  appointment. 


CHAP.  XXV. 

Resolve  relative  to  the  Farmers  Bank. 

January  8,  1830. 

Resolved,  That  Hon.  John  W.  Lincoln,  William  Stur- 
gis, and  John  Wyles,  be  a  Committee  to  inquire  into, 
and  report  to  this  Legislature,  as  soon  as  may  be,  re- 
specting the  doings  of  the  Farmers'  Bank  at  Belcher- 
town,  and  the  present  state  thereof;  that  the  said  Com- 
mittee be  instructed  to  inquire  whether  the  said  Corpo- 
ration have  exceeded  the  powers  granted  them,  or 
failed  to  comply  with  the  rules,  restrictions,  and  condi- 
tions required  by  their  act  of  incorporation  ;  that  they, 
or  any  two  of  them,  have  power  to  examine  the  books 


ACCOUNTS.  245 

and  vaults  of  the  said  Corporation,  and  to  send  for  such 
persons  and  papers  as  they  shall  deem  necessary  to 
effect  the  object  of  their  appointment. 


CHAP.  XXVI. 

A  Resolve  relating  to  the  time  of  presenting  Accounts  to 
the  Treasurer  of  the  Commonwealth. 

January  12,  1830. 

Whereas,  by  a  Resolve  passed  on  the  11  th  day  of 
June,  1829,  the  Treasurer  of  this  Commonwealth  was 
required  to  examine  and  audit  all  accounts  presented 
against  the  State,  with  certain  exceptions,  and  to  make 
a  detailed  report  thereof,  classified  under  their  appro- 
priate heads,  to  the  Legislature,  on  the  second  Monday 
of  the  first  session,  and  on  the  fourth  Wednesday  of  the 
second  session  ;  and  whereas,  it  may  not  be  practicable 
for  the  said  Treasurer  duly  to  examine  and  arrange  the 
said  accounts  unless  they  are  seasonably  presented  ; 

Be  it  therefore  Resolved,  That  the  Treasurer  shall 
not  be  required  to  include,  in  his  said  Reports,  any  ac- 
counts or  demands  that  are  not  presented  on  or  before 
the  first  Monday  of  the  first  session,  and  the  second 
Wednesday  of  the  second  session  of  the  Legislature, 
any  thing  in  the  said  Resolve  of  June  last  to  the  con- 
trary notwithstanding. 


246  WALES.— I.  P.  OSGOOD. 

CHAP.  XXVII. 

Resolve  on  petition  of  the  Town  of  Wales. 
January  18,  1830. 

On  the  petition  of  James  L.  Wales,  and  others.  Select- 
men of  Wales,  in  the  County  of  Hampden. 

Resolved,  That  the  inhabitants  of  the  town  of  Hol- 
land, in  the  County  aforesaid,  be,  and  they  hereby  are 
authorized  and  empowered,  at  any  legal  meeting  called 
for  the  purpose,  to  grant  the  sum  of  sixty-nine  dollars 
and  sixty  cents,  and  the  same  assess  upon  the  polls  and 
estates  thereof,  for  the  purpose  of  reimbursing  to  the 
town  of  Wales  the  aforesaid  sum,  which  has  been  paid 
by  said  town  of  Wales  for  representation  in  General 
Court,  over  and  above  their  due  proportion. 


CHAP.  XXVIII. 

Resolve  on  the  petition  of  Isaac  P.  Osgood,  Guardian. 
January  19,  1830. 

On  the  petition  of  Isaac  P.  Osgood,  of  Boston,  in  the 
County  of  Suffolk,  Esquire,  as  guardian  of  Andrew  P. 
Valentine,  Francis  E.  Valentine,  WiUiam  P.  Valentine, 
and  Edward  L.  Valentine,  minors,  under  the  age  of 
fourteen  years,  and  children  of  Lawson  Valentine,  late 
of  Boston  aforesaid,  trader,  deceased,  intestate,  pray- 
ing that  the  said  petitioner  may  be  authorized  to  sell  at 
private  sale  all  the  right  and  interest  of  said  m.inors,  in 
the  real  estate  described  in  said  petition,  being  the  same 
which  is  hereinafter  described  ; — 

Resolved,  For  the  reasons  set  forth  in  said  petition, 
that  the  said  Isaac   P.  Osgood,  guardian  as  aforesaid, 


L  P.  OSGOOD.  247 

be,  and  he  hereby  is  authorized  and  empowered  to  sell, 
at  private  sale,  all  the  right,  title,  and  interest,  of  the 
several    minors    above    named,    being   one    undivided 
moiety  of  the  following  lots  of  land,  situate  in  Hopkin- 
ton,  in  the  County   of  Middlesex,  to  wit,  one  piece  sit- 
uate near  the  centre   of  said   Hopkinton,  containing 
about  sixteen  acres,  and  bounded  as  follows,  to  wit : — 
southerly  on  the  ministerial  lands,  westerly  on  land  of 
John  Mayhew  and  Joseph  Valentine,  northerly  on  land 
of  Thomas  Bucklin  and  Joseph  Valentine  and  the  road, 
easterly  on  the  Common  and  Heyden  Row  road  ; — Also, 
a  certain  other  piece  of  land  situate  in  the  westerly  part 
of  said  Hopkinton,  called  the  Shay  Place,  bounded  as 
follows,  to  wit:  westerly  on  land  of  the  late  John  Gold- 
ing  and  others,  northerly  on  land  now  in  the  occupation 
of  Elijah  Parker,  easterly  on  land  of  Colonel  Nathan 
Perry  and  others,  to  the   land  of    John   Clafflin  and 
Alanson  Briggs,  southerly  on  said   Claffliji   and  Briggs' 
land,  and  land  of  Joseph  Valentine,  Samuel  Valentine, 
Joseph  Walker  and  others ;  the  other  moiety  of  said 
land  is  owned  by  Joseph  Valentine,  now  of  said  Boston, 
Esquire,  in  common  with  said  minors,  and  said  lots  are 
more  particularly  described  in  a  deed,  and  a  plan  there- 
to annexed,  made   by  said  Lawson  Valentine  and  Mary 
Ann  Valentine  his  wife,  and  Olivia  Hall,  to  Joseph  Val- 
entine, dated   the  seventeenth  day  of  October,  in  the 
year   eighteen   hundred    twenty-five,   and    recorded  in 
the  Registry  of  Deeds  for  Hopkinton  and  Upton  Lands, 
book  17,  page  309,  on  the  eighteenth  day  of  said  Octo- 
ber; and  by  deed  duly  executed,  acknowledged,  and  re- 
corded, to  convey  the  same   to  the   purchaser  or  pur- 
chasers thereof,  in  as  full  and  ample  a  manner  as  said 
minors  could,  were  they  of  full   age.     Provided,  said 
guardian  first  take  an  oath  before  the  Judge  of  Probate, 
in  and  for  the  County   of  Suffolk,  to  act  faithfully  and 
impartially,  according  to  his  best  skill  and  judgment,  in 
making  said  sale,  and  give  bond  with  sufficient  surety  to 
the  said  Judge  to  act  as   aforesaid,  in  making  said  sale, 
and  to  account  for   and  make  payment  of  the  proceeds 
of  said  sale,  agreeably  to  the  rules  of  law. 


248  BORROW  MONEY.— J.  FISHER. 


CHAP.  XXIX. 

Resolve  authorizing  Treasurer  to  borrow* 

January  21,  1830. 

Resolved,  That  the  Treasurer  of  this  Commonwealth 
be,  and  he  is  hereby  authorized  and  directed  to  borrow, 
of  any  of  the  banks  of  this  Commonweahh,  or  any  cor- 
poration therein,  or  of  any  individual  or  individuals,  such 
sum  or  sums  as  may  from  time  to  time  be  necessary  for 
the  payment  of  the  ordinary  demands  on  the  Treasury,  at 
any  time  before  the  meeting  of  the  next  General  Court, 
and  that  he  pay  any  sum  he  may  borrow,  as  soon  as 
money  sufficient  for  the  purpose,  and  not  otherwise  ap- 
propriated, shall  be  received  in  the  Treasury  :  Provided, 
however,  that  the  whole  amount  borrowed  by  authority 
hereof,  and  remaining  unpaid,  shall  not  at  any  time  ex- 
ceed the  sum  of  one  hundred  and  thirty  thousand  dollars. 


CHAP.  XXX. 

Resolve  on  the  petition  of  James  Fisher, 

January  22,  1830. 

Resolved,  That  James  Fisher,  Jr.  the  son  of  James 
Fisher,  of  Springfield,  in  the  County  of  Hampden,  be 
placed  upon  tlie  list  of  persons  supported  by  this  Com- 
monwealth, at  the  American  Asylum  for  the  education 
of  the  Deaf  and  Dumb,  at  Hartford,  agreeably  to  the 
provisions  of  the  Resolve  heretofore  passed,  in  relation 
to  State  beneficiaries. 


H.  GRAY.— W.  PORTER,  Jr.  Esq.  249 

CHAP.    XXXI. 

Resolve  on  the  petition  of  Henry  Gray. 
January  26,  1830. 

Upon  the  petition  of  Henry  Gray,  praying  to  be  con- 
firmed in  the  purchase  of  real  estate  in  Roxbury, 

Resolved^  That  the  said  Henry  Gray,  be,  and  he  is 
hereby  authorized,  and  permitted,  to  hold  and  enjoy  the 
real  estate  by  him  purchased  of  Benjamin  Merriam,  by 
deed,  recorded  in  Norfolk  Registry  of  Deeds,  book  79, 
page  276,  his  alienage  to  the  contrary  notwithstanding, 
and  that  he  may  sell,  and  convey  the  same  in  fee  simple, 
during  his  life,  or  devise  the  same  in  fee  simple,  or  WiXh. 
limitations ;  and  if  he  shall  die  intestate,  M^ithout  having 
disposed  of  the  same,  that  the  same  shall  be  distributed 
among  his  widow  and  next  of  kin,  as  if  the  said  Henry 
Gray  had  been  born  a  citizen  of  the  United  States. 
Provided,  hoivever,  that  nothing  herein  contained,  shall 
be  construed  to  give  to  the  said  Henry  Gray,  or  to  any 
other  person  or  persons  claiming  under  him,  any  civil 
or  political  rights,  until  he  or  they  shall  be  duly  natu- 
ralized by  law,  nor  to  give  him  or  them  any  better  title 
to  the  real  estate  above  mentioned,  than  he  or  they 
would  have  had,  if  he  had  been  a  native  citizen  of  the 
United  States. 


CHAP.  XXXII. 

Resolve  in  favor  of  William  Porter,  jun.  Esquire. 

February  2,  1830. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  Treasury,  to  William  Porter,  jun.  Esquire,  thirty 
dollars  and  seventy  five  cents,  in  full  for  services  ren- 
33 


250  MOSES  WHITNEY. 

dered  in  prosecuting  the  claims  of  the  Commonwealth 
against  the  town  of  Tyringham  ;  and  His  Excellency  the 
Governor,  by  and  with  the  advice  of  the  Council,  is  re- 
quested to  draw  his  warrant  for  that  sum. 


CHAP.  XXXHI. 

Resolve  on  the  petition  of  Moses  Whitney,  for  permission 
to  perpetuate  evidence  of  notice  of  the  sale  of  certain 
real  estate. 

February  4,  1830. 

Whereas,  Moses  Whitney,  of  Stow,  in  the  County  of 
Middlesex,  Administrator  of  Abraham  Priest,  late  of 
said  Stow,  deceased,  was,  by  a  resolve  of  the  Legisla- 
ture of  the  Commonwealth  of  Massachusetts,  passed  on 
the  twenty  fifth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  twenty  nine,  authorized 
and  empowered  to  file  in  the  probate  office  within  said 
county,  at  any  time  within  two  months  from  and  after 
the  passage  of  said  resolve,  an  affidavit  that  he  gave 
notice  of  the  sale  of  certain  real  estate  of  said  deceased, 
situate  in  Marlborough,  pursuant  to  a  license  of  the 
Judge  of  Probate  for  said  county  ;  and  whereas  the 
said  Moses  Whitney  was  unable,  by  reason  of  sickness, 
to  file  such  affidavit  within  the  time  prescribed  by  said 
resolve,  and  has  petitioned  for  further  time  to  file  such 
affidavit — 

Therefore,  Resolved,  That  said  Moses  Whitney  be 
authorized  and  empowered  to  file  such  affidavit  within 
two  months  from  and  after  the  passage  of  this  resolve  ; 
and  such  affidavit  being  so  filed  shall  be  evidence  of  said 
notice,  and  of  the  time,  place,  and  manner  in  which  the 
same  was  given,  as  effectually  as  if  such  affidavit  had 
been  made  and  filed  in  the  said  probate  office  within 
the  time  prescribed  by  law. 


SETH  PERKINS.— MESSAGE.  231 

CHAP.  XXXIV. 

Resolve  on  the  petition  of  Seth  Perkins. 


February  4,  1830. 

On  the  petition  of  Seth  Perkins,  of  Kingston,  in  the 
County  of  Plymouth,  a  private  in  a  company  of  infantry 
in  said  Kingston,  praying  for  relief  in  consideration  of  a 
wound  received  on  his  left  hand  while  in  the  discharge 
of  military  duty,  on  the  fifth  day  of  October  last ; 

Resolved,  for  reasons  set  forth  in  said  petition,  that 
there  be  allowed  and  paid  out  of  the  treasury  of  this 
Commonwealth,  to  the  said  Seth  Perkins,  the  sum  of 
fifty  dollars,  in  full  consideration  of  all  expenses  and 
loss  of  time  incurred  in  consequence  of  said  wound ; 
and  that  His  Excellency  the  Governor,  with  advice  of 
the  Council,  be  requested  to  draw  his  warrant  on  the 
treasury  for  that  sum. 


CHAP.  XXXV. 

To  the  Honorable  Senate 

and  House  of  Representatives. 

A  Resolution  of  the  General  Assembly  of  the  State 
of  Pennsylvania,  approved  by  the  Governor  on  the 
twenty  third  of  January  last,  declaring  "  That  the  Tariff 
of  eighteen  hundred  and  twenty  eight  accords  with  the 
spirit  of  the  Constitution  of  the  United  States,  and  that 
it  maintains  the  true  principles  of  protection  to  the  in- 
dustry of  the  country  against  foreign  policy  and  legisla- 
tion," is  herewith  communicated,  in  compliance  with  a 
request  which  accompanied  the  transmission  to  me  of 
the  document. 


252  BRIGHTON  BANK. 

I  also  transmit  copies  of  sundry  Resolutions  recently 
adopted  by  the  Government  of  Georgia,  upon  the  sub- 
ject of  amendments  to  the  Constitution  of  the  United 
States,  proposed  by  the  States  of  Louisiana  and  Mis- 
souri, in  relation  to  the  election  and  term  of  office  of 
President  and  Vice  President ;  which  propositions  have 
been  heretofore  submitted  to  your  consideration  in  Res- 
olutions from  those  states  respectively. 

LEVI  LINCOLN. 

Council  Chamber,  February  4,  1 830. 


CHAP.  XXXVI. 

Resolve  for  appointing  a  Committee  of  investigation  on 
the  Brighton  Bank. 

February  5,  1830. 

Resolved,  That  Hon.  Messrs.  James  Fowler,  John  W. 
Lincoln,  William  W.  Blake,  of  Boston,  John  Wyles,  of 
Brimfield,  William  Parmenter,  of  Cambridge,  be  a 
Committee  to  enquire  into,  and  report  to  this  Legisla- 
ture, as  soon  as  may  be,  respecting  the  doings  of  the 
Brighton  Bank,  and  the  present  state  thereof;  that  the 
said  Committee  be  instructed  to  enquire  whether  the 
said  Corporation  have  exceeded  the  powers  granted 
them,  or  failed  to  comply  with  the  rules,  restrictions  and 
conditions  required  by  their  act  of  incorporation  ;  that 
they  or  any  two  of  them  have  power  to  examine  the 
books  and  vaults  of  the  said  Corporation,  and  to  send 
for  such  persons  and  papers  as  they  shall  deem  neces^ 
sary  to  effect  the  object  of  their  appointment. 


BRIGHTON  BANK— T.  ATWOOD.        253 


CHAP,  xxxvn. 

A  Resolve  authorizing  the  Solicitor  General  to  appear  on 
behalf  of  the  Commonwealth,  and  prosecute  the  enquiry 
now  pending  before  a  Joint  Committee  of  both  Houses, 
to  whom  ivas  referred  the  investigation  of  the  affairs  of 
the  Brighton  Bank. 

February  10,  1830. 

Resolved,  That  the  SoUcitor  General  be,  and  hereby 
is  directed,  to  appear  for,  aid  and  assist  the  Common- 
wealth, in  the  investigation  of  the  affairs  of  the  Brighton 
Bank,  now  pending  before  a  Joint  Committee  of  the 
General  Court,  and  to  take  such  measures  in  relation  to 
that  subject  as  he  may  think  expedient. 


CHAP,  xxxvni. 

Resolve  on  the  petition  of  Thomas  Atwood. 

February  10,  1830. 

Resolved,  That  William  T.  Atwood,  a  deaf  and  dumb 
person,  and  son  of  William  Atwood,  be  adopted  as  a 
beneficiary  of  the  State,  and  continued  at  the  American 
Asylum  at  Hartford,  for  a  term  not  exceeding  two  years 
from  the  time  of  his  admission,  according  as  the  Execu- 
tive of  this  Commonwealth  may  determine  to  be  neces- 
sary for  his  complete  education. 


254  J.  HANSCAM,  &  WIFE. 


CHAP.  XXXIX. 

Resolve  on  the  petition  of  Joshua  Ilanscam,  and  Mary,  his 

wife. 

February  12,  1830. 

On  the  petition  of  Joshua  Hanscara,  of  Mortonbo- 
rough,  in  the  State  of  New  Hampshire,  and  Mary,  his 
wife,  praying  that  he  may  be  authorized  and  empowered 
to  sell,  and  pass  a  deed,  or  deeds,  to  convey  certain  real 
estate  in  Lexington,  in  the  County  of  Middlesex,  and 
Commonwealth  of  Massachusetts,  held  by  him  in  right 
of  his  said  wife,  who  is  a  minor,  and  investing  the  pro- 
ceeds of  sale,  or  an  equal  amount,  in  other  real  estate, 
in  Mortonborough  aforesaid,  in  the  name  and  for  the 
benefit  of  his  said  wife,  her  heirs  and  assigns  ; — 

Resolved,  For  the  reasons  set  forth  in  said  petition, 
that  the  said  Joshua  Hanscam,  husband  of  the  said 
Mary,  be,  and  he  hereby  is  authorized  and  empowered, 
to  sell,  at  public  auction,  and  make  and  execute  a  good 
and  sufficient  deed,  or  deeds,  of  bargain  and  sale,  and 
warranty,  of  all  the  right  and  interest  of  his  said  wife, 
in  and  to  said  parcel  of  real  estate  ; — the  said  Joshua 
Hanscam  first  giving  public  notice  of  the  intended  time 
and  place  of  sale,  by  posting  notifications  thereof  in 
some  public  places  in  said  town  of  Lexington,  and  in 
two  of  the  adjoining  towns,  thirty  days,  at  least,  before 
the  time  of  sale,  and  giving  bonds,  with  sufficient  sure- 
ties, to  the  Judge  of  Probate  for  the  County  of  Middle- 
sex, to  be  approved  by  him,  to  invest  the  avails  of  the 
said  sale,  or  an  equal  sum,  in  other  real  estate,  of  equal 
value,  in  Mortonborough,  aforesaid,  in  the  name,  and 
for  the  benefit,  of  his  said  wife,  her  heirs,  and  assigns, 
within  six  months  after  the  said  sale  of  her  estate  in 
Lexington  ;  and  such  deed  or  deeds  to  be  made  by  the 
said  Joshua  Hanscam,  in  pursuance  of  this  resolve,  shall 
have  the  same  eflfect  in  law,  as  if  the  same  had  been 
made  by  the  said  Joshua  Hanscam,  and  Mary  his  wife, 
in  her  right,  if  she  were  of  full  age. 


STATE  PRISON.— OAKHAM.  255 

CHAP.  XL. 

Resolve  making  an  appropriation  for  the  State  Prison. 

February  12,  1830. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  for  the  use  of  the  State 
Prison,  the  sum  of  twenty  thousand  dollars,  to  be  drawn 
from  the  Treasury  by  the  Warden  of  said  prison,  in  such 
sums  as  the  Governor,  with  the  advice  of  Council,  shall 
from  time  to  time  direct ;  and  His  Excellency  the  Gov- 
ernor, with  the  advice  of  the  Council,  is  hereby  author- 
ized and  requested  to  draw  his  warrant  on  the  Treasury 
for  said  sum  accordingly. 


CHAP.  XLI. 

Resolve  on  the  petition  of  the  Selectmen  of  the  town  of 

Oakham. 

February  15,  1830. 

Resolved,  That  William  Gault,  Administrator  on  the 
estate  of  the  late  Charles  Stone,  be,  and  hereby  is  au- 
thorized and  directed  to  pay  from  the  balance  now  re- 
maining in  his  hands,  which  escheats  to  this  Common- 
wealth, to  the  Selectmen  of  the  town  of  Oakham,  the 
sum  of  one  hundred  and  fifty  dollars  and  twenty-one 
cents,  for  the  benefit  of  said  town,  it  being  the  amount 
expended  by  said  town  for  the  support  of  said  Charles 
in  his  infancy  ;  and  that  he  pay  the  remainder  of  said 
balance  to  the  Treasurer  of  the  County  of  Worcester, 
for  the  benefit  of  this  Commonwealth. 


256  SARAH  ORNE.— MASS.  CLAIM. 

CHAP.  XLH. 

Resolve  in  favor  of  Sarah  Orne,  wife  of  William  Orne. 

February  15,  1830. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  Sarah  Orne,  wife  of 
William  Orne,  for  reasons  stated  in  her  petition,  the 
sum  of  thirty-eight  dollars  ;  and  His  Excellency  the  Gov- 
ernor, with  the  advice  of  Council,  is  requested  to  draw 
his  warrant  for  said  sum  accordingly. 


CHAP.  XLHI. 

Report  and  Resolves  in  relation  to  the  Massachusetts  Claim 
on  the  General  Government. 

February  15,  1830. 

The  Special  Committee  of  both  Houses,  to  whom  was 
referred  so  much  of  His  Excellency  the  Governor's  Mes- 
sage, as  relates  to  the  Massachusetts  Claim,  Report  : 

That  they  approach  this  subject  as  a  matter  of  his- 
tory, which  may  now  be  appreciated,  independently  of 
its  association  with  events  that  were  once  the  occasion 
of  much  irritability  and  excitement. 

The  Claim  has  been  before  the  National  Government 
for  thirteen  years.  That  it  may  now  be  understood  by 
the  Legislature,  your  Committee  would  exhibit,  at  a 
single  view,  the  opinions  entertained  and  the  grounds 
assumed  from  time  to  time  during  the  negotiation.  This 
they  trust  they  have  impartially  done  by  extracts  from 
documents,  which,  in  the  language  of  the  official  agents 
of  the  two  Governments,  present  a  succinct  account  of 
the  progress  of  the  Claim. 


MASSACHUSETTS  CLAIM.  257 

As  early  as  February  1817,  the  presentation  of  the 
Massachusetts  Claim  was  made  to  the  Secretary  at  War 
by  Messrs.  Lloyd  and  Sumner,  Agents  for  the  State  at 
Washington.  The  auditing  of  the  claim  was  then  de- 
nied, on  the  ground  that  the  services,  '  with  one  excep- 
tion,' were  rendered  independently  of  the  authority  of 
the  United  States,  and  that  the  Militia  were  withheld 
from  the  command  of  the  officers  of  the  United  States. 

Messrs.  Lloyd  and  Sunriner  were  only  able,  at  this 
time,  to  place  upon  the  files  of  the  War  Department, 

*  an  abstract  of  the  claim,  with  a  request  that  it  might 

*  be  received  and  preserved  as  an  evidence  in  perpetu- 

*  ance  of  the  claim  of  the  State  of  Massachusetts.' 

About  five  years  after,  in  March  1822,  the  Delega- 
tions in  Congress  from  Massachusetts  and  Maine,  by 
their  Memorial  to  the  President  of  the  United  States, 
requested  him,  '  to  instruct  the  proper  Executive  De- 
^  partment  to  entertain  a  discussion  of  the  merits  of  the 
'  claim,'  and  to  permit  them  to  introduce  '  proofs  and 
'  reasons'  to  establish  its  '  legality  and  justice.' 

About  one  year  after,  in  January  1823,  the  Secretary 
of  War,  Mr.  Calhoun,  informed  our  Delegation  in  Con- 
gress, that  'the  3d  Auditor  of  the  Treasury  Department 
'  had  been  directed  to  take  up  the  claims  for  auditing, 

*  in  conformity  to  the  principles  which  have  been  es- 

*  tablished  and  applied  in  the  settlement  of  similar 
'  claims,  and  that  the  settlement  must  be  subordinate  to 
'  the  general   views,  in  relation  to   the  constitutional 

*  powers  of  the  General  Government  over  the  Militia  of 
'  the  State,  which  were  taken  by  the  Department,  when 

*  the  accounts  were  originally  presented  and  discussed.' 

In  March,  1823,  Messrs.  Lloyd  and  Mills,  Senators 
from  Massachusetts,  in  a  letter  to  Governor  Brooks, 
recommended  '  that  an  able  jurist  should  be  associated 
'  with  some  individual  conversant  with  the  details  of  the 
'  claim,  who  would  attend  to  the  clerical  part  of  the 
'  business,'  for  its  prosecution  at  Washington. 

In  June,  1823,  Messrs.  Sullivan  and  Pierce,  were  ap- 
pointed agents  for  the  claim  by  Governor  Eustis. 

In  September  of  the  same  year,  the  Secretary  at  War, 
by  direction  of  the  President,  Mr.  Monroe,  instructed 
34 


258  MASSACHUSETTS  CLAIM. 

the  third  Auditor,  '  to  examine  such  items  of  the  claims 

*  as  the   Commissioners  might   present,  and  report  the 

*  amount  which  would  have  been  due,''  according  to  the 
rules  theretofore  established,  '  if  the  troops  had  been  in 

*  service  under  the  authority  of  the  General  Govern- 
'  ment.' 

In  December  following,  President  Monroe,  in  a  note 
to  the  Secretary  at  War,  states,  that  he  has  '  examined 
'  with  great  attention  the  report  of  the   third  Auditor 

*  upon  the  claims  of  the  fifth  Division  of  the  Massachu- 

*  setts  Militia,'  and  is  of  opinion  that  '  the  services  to 

*  which  they  refer  were  called  for  by  the  exigencies  of 
'  the  times,   and  were  intended  to  repel,  in  many  in- 

*  stances,  actual  invasion  ;  and  in  others,  that  the  troops 

*  were  called  out  on  well  founded  apprehension  of  it ; 

*  that  they  were  spontaneous  movements  of  those  who 

*  were  exposed  to  danger,  and  for  the  purposes  of  self 
'  defence.'  And  that  he  is  '  of  opinion,  that  it  would 
'  not  be  proper  to  decide  on  any  particular  class  of 
'  claims,  until  the  whole  has  been  audited,  so  that  the 

*  merits  of  each,  under  their  various  classifications,  may 
'  be  distinctly  seen  and  perfectly  understood.' 

Orders  were  accordingly  given  to  the  accounting 
officer,  to  proceed  in  auditing  the  whole  accounts,  be- 
fore a  decision  should  be  given  on  any  particular  class 
of  the  claims. 

On  the  23d  of  February,  1824,  President  Monroe,  in 
a  message  to  Congress,  gave  a  brief  account  of  the 
progress  of  the  claim,  and  of  the  objections  to  its  allow- 
ance at  an  earlier  day,  arising  from  the  constitutional 
principles  in  controversy  between  the  Executives  of  both 
Governments  ;  wherein  he  remarks,  '  that  it  is  well 
known,  that  the  great  body  of  our  fellow  citizens  in 
Massachusetts  are  as  firmly  devoted  to  the  Union,  and 
to  the  free  republican  institutions  of  our  Government, 
as  our  fellow  citizens  of  the  other  States  ;  of  this  im- 
portant truth,  their  conduct,  in  every  stage  of  our  rev- 
olutionary struggle,  bears  ample  testimony,  and  I  add, 
with  profound  interest  and  thorough  conviction,  that 
although  the  difficulty  adverted  to,  in  the  late  war,  with 
their  Executive,  excited  equal  surprise  and  regret,  it 


MASSACHUSETTS  CLAIM.  259 

*  was  not  believed  to  extend  to  them.  There  never  was 
'  a  moment  when  the  confidence  of  the  Government  in 
'  the  great  body  of  their  fellow  citizens  of  that  State  was 
'  impaired,  nor  is  a  doubt  entertained  that  they  were 

*  willing  at  all  times  to  support  their  rights  and  repel 
'  invasion  by  the  enemy,'  and  recommends  to  Congress 
'  to  make  provision  for  the  settlement  of  the  claim  of 
'  Massachusetts,  in  conformity  with  the  rules  which  have 
'  governed  in  the  settlement  of  claims  for  services  ren- 
'  dered  by  the  militia  of  other  States.' 

In  May,  1824,  the  Committee  of  Congress  on  Military 
Affairs  made  a  report  in  the  House  of  Representatives, 
from  which  are  the  following  extracts : 

'  It  will  be  suflicient  for  present  purposes  to  premise, 
'  that  a  large  portion  of  the  claim  of  Massachusetts  does 
'  not  appear  to  he  affected  by  those  constitutional  difficul- 

*  ties  which  have  so  long,  in  the  consideration  of  the  Ex- 

*  ecuiive  of  the  United  States,  operated  as  an  impediment 

*  to  its  adjustment.     Your  Committee  are  unanimously 

*  of  opinion  that  the  services  rendered  by  the  Militia  of 
'  Massachusetts,  which  may  be  considered  beyond  all 

*  exceptions,  and  as  entitled  to  remuneration,  are  com- 
'  prised  in  a  class  of  cases,  in  which,  by  spontaneous 
'  impulse  of  the  militia,  with  or  without  the  sanction  of 

*  the  Executive  of  that  State,  or  with  or  without  arequi- 

*  sition  on  the  part  of  the  officer  of  the  United  States 
'  commanding  the  Department,  they  assembled,  either 
'  for  the  purpose  of  repelling  actual  invasion,  or  under 
'  a  well  founded  apprehension  of  invasion.'  '  It  is  a  fact 
'  that  on  this  principle,  and  this  principle  only,  the  claims 

*  for  militia  services  of  the  various  states  have  been  au- 

*  dited  and  allowed  at  the  Department  of  War. 

'  Services  of  this  description,  patriotically  performed, 
'  ought  not  to  be  prejudiced  by  a  pre-existing  opinion, 
'  between  the  Executive  of  Massachusetts  and  the  com- 
'  manding  officer  of  the  United  States'  forces,  as  to  an 
'  abstract  construction  of  the  Constitution,  when  such 
'  an  opinion  appears  to  have  no  sort  of  effect  on  the 
'  extent  and  character  of  the  services  afforded.    On  the 

*  other  hand  your  Committee  are  equally  unanimous  in 

*  declaring,  that  in  all  cases  where  the  acts  of  the  Ex- 


260  MASSACHUSETTS  CLAIM. 

*  ecutive  of  Massachusetts  gave  a  direction  to  the  ser- 
'  vices  of  the  miHtia  of  that   State,  in  opposition  to  the 

*  views  of  the  General  Government,   the  claim  is  alto- 

*  gether  inadmissible.^       *         *         ^         ^t         *         * 

'  Your  Committee  in  conclusion  recommend,  that  in 

*  all  cases  where  the  militia  of  the  State  of  Massachu- 

*  setts  were  called  out  in  conformity  with  the  desire  of  an 

*  officer  of  the  General  Government,  or  to  repel  actual 

*  invasion,  or  under  a  well  founded  apprehension  of  in- 

*  vasion,  during  the  late  war,  the  claim  of  the  State  for 

*  such  military  service  be  allowed,  under  the  usual  rules 

*  of  auditinnj  and  allowing  similar  claims." 

In  January,  1826,  a  Committee  of  Congress  again  had 
the  subject  under  consideration.  They  adopted  the  re- 
port of  the  Committee  on  Military  Affairs,  made  in 
1824,  '  as  forming  the  substantial  grounds  upon  which 

*  they  were  prepared  to  report  favorably  on  the  allow- 

*  ance  of  the  Massachusetts  Claims.' 

The  report  of  1826  does  not  differ  in  principle  from 
that  of  1 824,  but  the  Committee  give  an  explanation  of 
what  they  consider  services  rendered  in  opposition  to  the 
views  of  the  General  Government.  They  say,  that  'in 
all  cases,  where  specifically  the  command  was  refused 
to  be  given  to  an  officer  of  the  General  Government, 
applying  for  the  same  in  each  particular  service  of  this 
description,  for  which  compensation  may  be  asked,  it 
should  be  withheld.'  '  But  in  all  cases  where  in  point 
of  fact  there  was  no  refusal  on  the  part  of  the  Govern- 
ment of  Massachusetts  to  place  her  troops  under  the 
command  of  an  officer  of  the  General  Government, 
but  where  at  the  same  time  services  were  rendered  in- 
dispensable to  her  defence,  either  to  repel  invasion  or 
under  a  well  grounded  apprehension  of  invasion,  that 
her  people  have,  under  the  constitution  of  this  coun- 
try, a  just  claim  for  compensation,  by  virtue  of  that 
provision  which  guarantees  the  common  defence  to  all 
the  States.' — '  That  they  should  receive  compensation 
for  services  performed  under  the  requisition  of  the 
General  Government,  has  never  been  denied,  however 
long  even  this  may  have  been  injuriously  withheld.' 


MASSACHUSETTS  CLAIM.  261 

About  one  year  after,  in  December  1826,  the  claim 
was  again  referred  to  the  Secretary  at  War  by  Congress, 
with  instructions  to  report  to  the  House,   '  what  classes 

*  and  what  amount  of  said  claim  may  be  allowed  and 

*  paid,  upon  the  principles  and  rules  which   have  been 

*  applied  to  the  adjustment  of  claims  of  other  States, 

*  and  to  which  the  assumed  authority  of  the  Governor  of 

*  that  State  to  control  the  militia  and  judge   of  the  ne- 
^  cessity  of  ordering  them  into  service  does  not  apply.' 

About  eighteen  months  after,  in  May,  1828,  the  Sec- 
retary at  War  accordingly  submitted  a  report  of  the  3rd 
Auditor  to  the  House  of  Representatives. 

From  which  it  appears,  the  whole  amount  claimed  is 
;$f843,349  60. 

The  amount  inadmissible,  is  .  .  .  ^412,601  34 
"         "        admissible,  is       ....     430,748  26 


In  the  Winter  of  1828  and  '29,  a  bill,  in  conformity 
to  this  result  of  the  report  of  the  3rd  Auditor,  was  in- 
troduced by  the  Committee  on  Military  Affairs,  and  laid 
upon  the  table  of  the  House. 

On  the  5th  of  January,  1830,  Mr.  Silsbee,  Senator 
from  Massachusetts,  obtained  leave  to  bring  in  a  bill, 
the  fate  of  which  is  not  yet  decided. 

Your  Committee  have  intentionally  presented  this 
statement  in  the  language  of  the  official  organs  of  the 
General  Government,  and  without  conuiient.  The  Exe- 
cutive, the  Secretaries  at  War,  the  Committees  of  Con- 
gress, have  invariably  and  uniformly  admitted,  during 
the  progress  of  the  negotiation  for  thirteen  years  past, 
the  validity  and  justness  of  so  much  of  the  claim  as  may 
be  within  the  rules  and  principles  upon  which  the  ser- 
vices of  other  States  have  been  compensated.  On  the 
other  hand,  the  People  of  Massachusetts,  by  their  legiti- 
mate Representatives,  the  Legislature — their  Delega- 
tion in  Congress — their  Agents  at  Washington,  and  their 
Executive  at  home,  have  respectfully  asked  no  more 
than  equal  justice — not  at  the  price  of  "  State  humilia- 
tion," but  upon  a  liberal  and  equitable  construction  of 
the  constitutional  powers  and  obligations  of  the  General 
Government.     This  is  the  result  to  which  an  honest 


262  MASSACHUSETTS  CLAIM. 

investigation  has  brought  every  honest  man,  whatever 
may  have  been  originally  his  prejudices,  who  has  been 
officially  called  to  examine  the  subject.  It  is  the  ground 
upon  which  the  honesty  of  public  opinion  will  place  it, 
when  it  shall  be  understood  by  the  Nation. 

A  Committee  ot"  Congress,  in  1826,  stated  the  fact, 
that  the  claim  for  services  rendered  in  conformity  to  the 
principles  of  the  Constitution,  '  had  never  been  denied, 
however  long  it  had  been  injuriously  delayed.'  May 
not  the  people  of  this  Commonwealth  ask,  in  the  pres- 
ence of  the  nation,  why  has  Congress  permitted  an  ad- 
ditional '  injurious  dehmf  of  four  years  since  1 826  ? 

Your  Committee  submit  the  following  Resolves,  and 
respectfully  recommend  that  His  Excellency  the  Gov- 
ernor be  requested  to  transmit  them,  with  this  report 
annexed,  to  each  Branch  of  the  National  Legislature  in 
Congress  assembled. 

By  order  of  the  Committee, 

SAMUEL  M.  M'KAY,  Chairman. 

Resolved,  By  the  Senate  and  House  of  Representatives, 
That  we  fully  concur  in  the  sentiments  expressed  by 
His  Excellency  the  Governor,  in  his  late  Communica- 
tion to  the  two  Branches  of  the  Government,  in  rela- 
tion to  the  delay  in  the  settlement  of  the  claim  of  this 
Commonwealth  upon  the  General  Government,  for  the 
services  of  the  Militia  of  Massachusetts  in  the  last  war. 

Resolved,  That  the  Citizens  of  this  Commonwealth 
entertain  a  deep  sense  of  the  great  advantages  of  that 
form  of  General  Government  adopted  by  the  Independ- 
ent States  of  this  Union  ; — and  that  they  would  view, 
with  great  solicitude  and  regret,  any  appearance  of  a 
disposition  in  the  Congress  of  the  United  States,  to  re- 
fuse a  prompt  adjustment  of  the  just  claims  of  any  of  its 
members,  as  tending  to  lessen,  in  every  part  of  the  con- 
federacy, that  perfect  confidence  in  the  justice  of  the 
Government  which  can  alone  insure  its  permanency. 

Resolved,  That  the  claim  of  this  Commonwealth  up- 
on the  General  Government,  for  services  rendered  by 
the  Militia  of  Massachusetts  in  the  late  war  with  Great 
Britain,  having  been  before  Congress  for  thirteen  years ; 


MASSACHUSETTS  CLAIM.  263 

— the  particulars  of  that  claim  having  been  repeatedly 
examined  by  the  Executive  Officer  of  the  Government, 
the  Secretaries  of  War,  and  Committees  of  Congress, 
and  a  large  portion  thereof  declared  by  them  to  be  ad- 
missible and  justly  due.  upon  the  principles  and  rules 
which  have  been  applied  to  the  adjustment  of  similar 
claims  of  other  States  ; — and  the  precise  amount,  so  ad- 
missible, having  been  reported  to  Congress  by  the  Sec- 
retary of  War,  nearly  two  years  since  ; — it  does  not 
comport  with  those  principles  of  equal  justice  to  which, 
by  the  Constitution  of  the  United  States,  the  General 
Government  is  bound  to  conform,  in  its  transactions 
with  the  individual  States ;  nor  with  the  rights  and  dig- 
nity of  this  Commonwealth,  that  the  payment  of  that 
portion  of  this  claim,  admitted  to  be  due,  should  be 
longer  withheld. 

Resolved,  That  the  early  attention  of  Congress  to  the 
final  adjustment  of  the  Massachusetts  Claim  is  most 
earnestly  requested  ;  and  that  the  Senators  and  Repre- 
sentatives in  Congress  from  this  Commonwealth,  be,  and 
they  are  hereby  requested,  to  urge  an  immediate  provi- 
sion for  the  payment  of  the  same. 

Resolved,  That  His  Excellency  the  Governor,  be,  and 
he  hereby  is,  requested  to  transmit  to  each  Branch  of 
the  National  Legislature,  copies  of  these  Resolutions, 
with  the  Report  annexed,  and  to  cause  copies  of  the 
same  to  be  furnished  to  each  Senator,  and  each  Mem- 
ber of  the  House  of  Representatives  in  Congress  from 
Massachusetts. 


264  COUNTY  TAXES. 

CHAP.  XLIV. 

Resolve  granting  Taxes  for  the  several  Counties. 
February  17,  1830. 

Whereas,  the  Treasurers  of  the  following  Counties 
have  laid  their  accounts  before  the  Legislature,  which 
accounts  have  been  examined  and  allowed  ;  and  the 
Clerks  of  the  County  Commissioners  for  the  said  Coun- 
ties have  exhibited  estimates,  made  by  said  Commis-y 
sioners,  of  the  necessary  charges  which  may  arise  with- 
in their  respective  counties,  for  the  year  ensuing,  and  of 
the  sums  necessary  to  discharge  the  debts  of  the  said 
counties. 

Resolved,  That  the  sums  annexed  to  the  several  coun- 
ties 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  ap- 
plied, for  the  purposes  aforesaid,  according  to  law,  viz  : — 

The  County  of  Essex,  thirty  thousand  dollars,    ^30,000 

The  County  of  Middlesex,  thirteen  thousand 

dollars,  13,000 

The  County  of  Worcester,  sixteen  thousand 

dollars,  16,000 

The  County  of  Hampshire,  fifteen  thousand 

dollars,  15,000 

The  County  of  Franklin,  seven  thousand  dol- 
lars, 7,000 

The  County  of  Hampden,  six  thousand  dol- 
lars, 6,000 

The  County  of  Berkshire,  thirteen  thousand 

dollars,  13,000 

The  County  of  Norfolk,  thirteen  thousand  dol- 
lars, 13,000 

The  County  of  Bristol,  twelve  thousand  dol- 
lars, 1^,000 

The  County  of  Plymouth,  six  thousand  five 

hundred  dollars,  6,500 


WILL  OF  J.  PETTINGELL.  265 

The  County  of  Barnstable,  four  thousand  two 

hundred  and  fifty  dollars,  4,250 

The  County  of  Dukes  County,  six  hundred 

dollars,  600 


CHAP.  XLV. 

Resolve  on  the  petition  of  Jacob  Greenleaf  and  others. 
February  22,  1830. 

Whereas,  John  Pettingell,  late  of  Newburyport,  in  the 
County  of  Essex,  Esquire,  deceased,  testate,  did,  among 
other  things  in  his  last  will  and  testament,  give,  be- 
queath, and  devise  all  the  residue  and  remainder  of  his 
estate,  of  whatever  nature,  real,  personal,  or  mixed, 
from  and  after  the  decease  of  the  said  Jacob  Greenleaf 
and  Mary  his  wife,  Nathaniel  Smith  and  Elizabeth  his 
wife,  Joseph  Smith  Pike  and  Sally  his  wife,  and  Ed- 
ward Sprague  Rand  and  Hannah  his  wife,  being  the  pe- 
titioners, to  be  equally  divided  among  the  grand  chil- 
dren of  said  John  Pettingell,  and  the  lawful  issue  of  any 
grand  child  ;  and  when  either  said  Greenleaf  and  wife, 
Smith  and  wife.  Pike  and  wife,  or  Rand  and  wife,  shall 
decease,  the  quarter  part  of  the  use,  improvement  and 
income  of  said  property  shall  descend  to,  and  be  equally 
divided  among  said  grand  children,  and  their  lawful 
issue  ; — 

Now,  for  the  reasons  set  forth  in  the  petition  afore- 
said. Resolved,  That  Edward  Sprague  Rand,  and  Joseph 
Smith  Pike,  be,  and  they  hereby  are  authorized  and 
empowered  to  sell  at  public  or  private  sale,  and  to  exe- 
cute and  deliver  good  and  sufficient  deeds  to  the  pur- 
chasers thereof,  to  convey  all  the  right,  title  and  inter- 
est which  the  grand  children  of  the  said  Pettingell  have 
in  and  to  the  real  estate  devised  to  them  by  said  Pet- 
tingell as  aforesaid  :  Provided,  said  Rand  and  Pike  first 
35 


266  MALBONE  BRIGGS. 

give  bonds  to  the  Judge  of  Probate  for  said  County  of 
Essex,  with  sufficient  sureties,  in  the  penal  sum  of  fifty 
thousand  dollars,  conditioned  that  they  will  observe  the 
rules  of  law  now  prescribed  for  guardians  of  minors,  and 
others,  in  the  sale  of  real  estate  by  order  of  the  Supreme 
Judicial  Court  of  this  Commonwealth,  in  cases  where 
the  proceeds  of  such  sales  are  to  be  put  out  and  secured 
to  said  minors,  and  others,  on  interest;  that  the  said 
Rand  and  Pike  will  vest  the  proceeds  of  such  sale  or 
sales,  in  some  safe  and  productive  stock,  or  put  the  same 
out  at  interest  on  good  security ;  that  the  proceeds  of 
said  sales  at  the  decease  of  said  petitioners,  and  the  use, 
income,  and  improvement  of  such  part  thereof  as  may 
at  any  time  belong  to  said  grand  children,  or  their  legal 
representatives,  on  the  decease  of  either  of  the  said 
parties  first  above  named,  shall  be  paid  and  distributed 
to  and  among  the  grand  children  of  said  Pettingell,  or 
their  legal  representatives,  in  like  manner  as  said  real 
estate,  and  the  income  thereof,  would  have  passed  under 
the  devise  of  the  same  in  the  will  of  said  John  Pet- 
tingell. 


CHAP.  XLVI. 

Resolve  on  the  petition  of  Malhone  Briggs. 
February  24,  1830. 

Whereas,  said  Briggs,  October  17,  1817,  entered  into 
recognizance  to  the  Commonwealth  for  the  sum  of  two 
hundred  dollars,  as  surety  for  his  late  son  Malbone 
Briggs,  jun.  deceased,  and  judgment  was  entered  at 
the  November  term  of  the  Supreme  Judicial  Court  for 
the  County  of  Bristol,  1828,  for  the  full  penalty  of  said 
recognizance,  and  costs,  and  said  petitioner  has  applied 
to  the  Justices  of  said  Court  for  relief,  and  doubts  have 
arisen  as  to  the  power  of  said  Justices  to  grant  the 
relief  prayed  for ;  therefore, 


PLYMOUTH  COLONY  LAWS,  &c.        267 

Resolved,  for  reasons  set  forth  in  said  petition,  that 
the  Justices  of  said  Court  be,  and  hereby  are  authorized 
to  revise  said  judgment,  and  to  enter  final  judgment 
on  said  recognizance,  according  to  the  circumstances 
of  the  case,  and  to  remit  the  whole,  or  any  part  of  the 
penalty  thereof,  upon  such  terms  and  conditions  as  to 
them  shall  seem  reasonable  and  just,  any  law  or  usage 
to  the  contrary  notwithstanding. 


CHAP.  XLVH. 

Resolve  providing  for  a  transcript  of  the  Laws  and  Ordi- 
nances of  the  late  Plymouth  Colony. 

February  27,   1830. 

Resolved,  That  there  be  allowed  and  paid  to  Rosseter 
Cotton,  of  Plymouth,  the  sum  of  thirty  dollars,  in  full 
compensation  to  him  for  making  a  transcript  of  such  of 
the  laws  and  ordinances  of  the  late  Colony  of  Plymouth, 
as  were  of  general  operation  ;  and  that  the  Governor 
be  requested,  on  his  filing  such  transcript  in  the  office 
of  the  Secretary  of  the  Commonwealth,  to  draw  his 
warrant  on  the  treasury  accordingly. 


CHAP.  XLVHL 

Resolve  on  the  petition  of  William  Kihhe. 

February  27,  1830. 

The  Joint  Committee  on  Public  Lands,  to  whom  was 
referred  the  petition  of  William  Kibbe,  for  himself,  and 


268  WILLIAM  KIBBE. 

also  as  attorney  to  Isaac  Kibbe,  have  attended  the  duty 
assigned  them,  and  respectfully  Report : — 

That  it  appears  from  documents  in  the  Land  Office, 
and  others,  furnished  by  said  petitioner, i  that  on  the  se- 
cond day  of  October  1794,  the  Committee  for  the  sale 
of  Eastern  lands,  contracted  with  John  Ripley,  James 
Glover,  Norman  Butler,  and  Henry  Huntington,  for  the 
sale  of  four  townships  of  land  lying  in  the  then  District 
of  Maine,  adjoining  New-Hampshire  line,  lor  which  they 
were  to  pay  ^12,000,  in  three  equal  annual  instalments 
with  interest.     That  said  Ripley  paid  his  proportion  of 
said  contract,  amounting  to  the  sum  of  ^2,842  62,  and 
also  ^1,232  74  for  said  Butler.     That  James  Glover 
paid  ;^2,842  62,  but  said   Butler  never  paid  any  part  of 
said  contract,  except  the  fourth  part  of  £544  17s.  Od. 
or  ;^454  04  paid  at  the  date  of  said  contract,  conse- 
quently the  other  parties  to  said  contract,   have  never 
received  any  benefit,  or  consideration  for  the  sums  they 
respectively  paid,  except  Henry  Huntington,  who,  by  a 
Resolve,  passed  13th  June,  1814,  together  with  Timo- 
thy Pitkin,  was  allowed  one  of  said  townships,  on  com- 
pleting the  payment  of  the  balance  then  due  with  inter- 
est thereon  ;  said  Kibbe  having  a  lawful   assignment 
from  said  Ripley  and  Glover,  the  Committee  are  of 
opinion  he  is  entitled  to  an  equitable  allowance  in  land 
for  two  third  parts  of  the  sums  paid  as  aforesaid  ;  they 
therefore  recommend  the  following  resolves  : — 

Resolved,  That  the  Land  Agent  be,  and  he  hereby  is 
authorized  to  convey  to  William  Kibbe,  his  heirs  and 
assigns,  a  township  of  land,  numbered  four,  in  the  se- 
cond range  of  townships,  between  New-Hampshire  line, 
and  William  Bingham's  Kennebec  purchase,  in  the 
County  of  Oxford,  and  State  of  Maine,  by  a  good  and 
sufficient  deed,  making  the  reservations  required  by  the 
act  of  separation  of  Maine  from  Massachusetts. 

And  he  it  further  Resolved,  That  if  the  said  Kibbe, 
his  heirs,  or  assigns,  shall  produce  satisfactory  evidence 
to  said  Agent  that  the  sum  of  ^1,232  74,  was  never 
paid  by  said  Butler,  said  Agent  is  hereby  authorized  to 
make  a  further  conveyance  to  said  Kibbe,  his  heirs,  or 
assigns,  of  one  third  of  a  township  of  land  of  six  miles 


REGISTRY  OF  DEEDS,  NORFOLK.       269 

square,  with  the  reservation  required  as  aforesaid ;  but 
in  case  of  failure  to  produce  said  evidence,  then  to 
convey  only  one  fourth  of  a  township,  subject  to  said 
reservations,  to  be  surveyed  under  the  authority  and 
direction  of  said  agent,  at  the  expense  of  said  Kibbe, 
his  heirs,  and  assigns,  from  any  of  the  unappropriated 
lands  in  the  State  of  Maine,  belonging  to  this  Common- 
wealth. 


CHAP.  XLIX. 

Resolve  providing  for  the  deposit  of  certain  records  and 
plans  in  the  Registry  of  Deeds  for  the  County  of  Nor- 
folk, 

March  1,  1830. 

Resolved,  That  Mather  Withington,  of  Dorchester, 
in  the  County  of  Norfolk,  be,  and  he  hereby  is  author- 
ized to  deposit  in  the  office  of  the  Registry  of  Deeds 
within  and  for  said  county,  such  records  of  the  acts  of 
the  original  proprietors  of  the  old  town  of  Dorchester, 
and  such  plans  of  said  old  township,  as  he  now  has  in 
his  possession,  there  to  be  safely  kept  for  the  inspection 
of  any  person  who  may  have  occasion  to  examine  the 
same. 


270  SURVEY,  &c. 


CHAP.  L. 

Resolve  requiring  Towns  to  make  Surveys  of  their  Terri- 
tory,  and  return  Plans  of  the  same  into  the  Secretary's 
Office. 

March  1,  1830. 

Resolved,  That  the  Inhabitants  of  the  City  of  Boston, 
and  the  several  Towns  and  Districts  in  the  Common- 
wealth, be,  and  they  hereby  are,  required  to  make,  or 
cause  to  be  made,  by  their  Selectmen,  or  some  other 
suitable  person  or  persons,  appointed  for  that  purpose, 
accurate  Plans  of  their  respective  towns  or  districts, 
upon  a  scale  of  one  hundred  rods  to  an  inch,  upon  a 
minute  and  accurate  survey,  hereafter  actually  to  be 
made,  or  that  has  actually  been  made  within  the  last 
five  years  next  preceding  this  time  ;  and  the  same  to 
lodge  in  the  Secretary's  Office,  free  of  expense  to  the 
Commonwealth,  on  or  before  the  first  day  of  July,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-one. 

And  be  it  further  Resolved,  That,  on  each  of  said  Plans, 
the  place  where  any  other  town  or  district  line  meets  or 
joins  the  line  of  any  other  town  or  district,  respectively  ; 
the  names,  courses,  and  magnitude  of  Rivers  and  smal- 
ler Streams ;  Roads,  public  and  private,  with  their 
courses  ;  the  situation  of  Houses  for  Public  Worship, 
Court  Houses,  and  other  public  buildings ;  the  known 
and  admeasured  distance  of  the  centre  of  the  town  or 
district  from  the  shire  town  of  the  County,  and  from  the 
Metropolis  of  the  Commonwealth,  in  the  several  roads 
actually  travelled  ;  the  length  and  the  course  by  the 
magnetic  needle  (noting  its  variations  from  the  true 
North)  of  the  boundary  lines  of  the  town  or  district ; 
bridges  ;  ferries  ;  falls  ;  ponds ;  shores  ;  harbors  ;  isl- 
ands; mountains;  hills;  mills  and  manufactories;  mines 
and  minerals,  and  of  what  kind  ;  iron  works  and  fiir- 
naces ;  meadows  (salt  and  fresh)  ;  and  wood  land ;  the 
scale  on  which  such  plans  shall  be  taken,  and  the  time 


SURVEY,  kc.  271 

when  the  actual  survey  was,  or  shall  have  been  made, 
shall  be  inserted,  specified,  delineated  or  described. 
And  any  land  belonging  to  the  Commonwealth,  within 
the  limits  of  any  town  or  district,  or  adjoining  thereto,  in 
any  place  unincorporated,  shall  be  particularly  named, 
and  the  known  quantity  of  such  land  specified. 

Be  it  further  Resolved,  That  it  shall  be  the  duty  of 
the  person  or  persons  appointed  for  the  purposes  afore- 
said, by  the  most  ancient  town  or  district,  to  give  no- 
tice, in  writing,  unto  the  Selectmen  of  such  adjoining 
town  or  district,  of  the  time  and  place  of  meeting  for 
running  such  line  or  lines,  ten  days  before  the  time  de- 
signated ;  and  it  shall  be  the  duty  of  the  town  or  district, 
whose  Selectmen  shall  be  so  notified,  to  appoint  and  re- 
quire some  suitable  person  or  persons  to  attend,  in  be- 
half of  such  town  or  district,  with  the  person  or  persons 
so  notifying,  for  the  purpose  of  running  such  line  or 
lines,  and  when  the  line  or  lines  between  adjoining 
towns,  or  between  adjoining  towns  and  districts,  is,  or 
are,  unsettled  and  in  dispute,  in  such  case,  there  shall 
be  specified  on  the  plans  of  such  towns  and  districts, 
the  several  lines  in  contest,  stating  accurately,  and  par- 
ticularly, the  difference  of  such  claimed  lines  of  boun- 
dary and  division,  in  their  distance,  course  and  bearing 
from,  each  other. 

And  be  it  further  Resolved,  That  the  inhabitants  of  the 
City  of  Boston,  or  of  any  of  the  towns  or  districts  afore- 
said, who  shall  neglect  to  take  and  lodge  in  the  Secreta- 
ry's Office,  the  plans  required  as  aforesaid,  within  the  time 
limited  therefor,  shall  forfeit  and  pay,  to  the  use  of  the 
Commonwealth,  the  sum  of  one  hundred  dollars,  which 
sum  shall  be  added  to  such  delinquent  town  or  district's 
proportion  of  the  State  tax  which  may  be  granted  next 
after  the  first  day  of  July,  in  the  year  of  our  Lord 
eighteen  hundred  and  thirty  one. 

And  be  it  further  Resolved,  That  the  Secretary  of  the 
Commonwealth  be  required  and  directed  to  cause  copies 
of  this  Resolution  to  be  forwarded,  as  soon  as  may  be, 
to  the  Mayor  and  Aldermen  of  the  City  of  Boston,  and 
the  Selectmen  of  the  several  towns  and  districts  in  this 
Commonwealth ;  and  also  to  cause  the  same  to  be  pub- 


272  SAMUEL  GATES,  &  OTHERS. 

lishcd  in  the  several  newspapers  printed  in  the  Com- 
monwealth. And  the  Mayor  and  Aldermen  of  the  City 
of  Boston,  and  the  Selectmen  of  the  several  towns  and 
districts  respectively,  are  hereby  required,  immediately, 
after  the  receipt  of  such  copies,  to  cause  the  inhabit- 
ants of  the  City  of  Boston,  and  of  the  several  towns 
and  districts  aforesaid,  to  assemble,  for  the  purpose  of 
carrying  the  foregoing  Resolutions  into  effect. 


CHAP.  LI. 

Resolve  on  the  petition  of  Samuel  Gates,  and  others. 
March  1,  1830. 

On  the  petition  of  Samuel  Gates  of  Richmond,  in  the 
County  of  Berkshire,  executor  of  the  last  will  and  tes- 
tament of  Samuel  Gates,  late  of  said  Richmond,  de- 
ceased, testate,  Phebe  Fairchild,  daughter  and  devisee 
of  said  testator,  and  Tallmadge  Fairchild,  husband  of 
the  said  Phebe,  and  Henry  Raymond,  guardian  of  the 
children  of  the  said  Phebe,  praying  for  license  to  sell 
the  whole  of  the  real  estate  devised  by  the  said  Samuel 
Gates,  deceased,  to  the  said  Phebe,  during  her  life,  and 
after  her  decease,  to  such  of  her  children  as  may  sur- 
vive her ; 

Resolved,  That  the  prayer  of  the  petitioners  be  grant- 
ed, and  the  said  Samuel  Gates  be,  and  he  hereby  is  au- 
thorized and  empowered  to  sell  at  public  or  private  sale, 
and  to  convey  all  the  real  estate  devised  by  the  said 
Samuel  Gates,  deceased,  to  the  said  Phebe  and  her 
children  as  aforesaid  ;  and  such  conveyance,  made  by 
the  said  Samuel  Gates,  by  virtue  of  this  resolve,  shall 
operate  as  a  valid  conveyance  of  all  the  right,  title  and 
interest  which  the  said  Phebe  and  her  children  have  in 
lands  holden  by  the  devise  aforesaid  :  Provided,  that  the 
said  Samuel  Gates  first  give  bond,  with  sufficient  sure- 


WALTER  BALFOUR.  21S 

lies  to  tlie  Judge  of  Probate  for  the  County  of  Berk- 
shire, and  his  successor  in  said  office,  that  the  proceeds 
of  said  sale  shall  be  put  at  interest  on  good  security, 
that  he  will  pay  over  the  interest  and  income  thereof  to 
the  said  Phebe,  annually,  during  her  life,  that  after  her 
decease  he  will  pay  the  principal  to  such  of  her  chil- 
dren as  may  survive  her,  in  ecjual  shares,  and  that  he 
will  render  an  account  of  his  doings  herein  to  the  Judge 
of  Probate  for  the  said  County  of  Berkshire. 


CHAP.  LIL 

Resolve  on  petition  of  Walter  Balfour, 
March  1,  1830. 

On  the  representation  of  Walter  Balfour,  setting  forth, 
that  being  considered  the  ordained  and  stated  teacher 
of  a  Baptist  Church  in  the  town  of  Charlestown,  ac- 
cording to  their  views  of  scripture  on  the  subject  of 
ordination,  he  believing  himself  legally  authorized  so  to 
do,  did  join  several  persons  in  the  banns  of  matrimony 
some  years  ago,  and  doubts  having  arisen  whether  such 
marriages  were  legally  solemnized,  therefore  ; — 

Resolved^  That  all  marriages  solemnized  in  this  Com- 
monwealth by  the  said  Walter  Balfour,  while  he  was 
teacher  of  said  church  in  Charlestown,  be,  and  they  are 
hereby  made  valid  in  law,  as  if  the  said  Walter  Balfour 
had  been,  at  the  time  of  solemnizing  the  same,  a  stated 
ordained  minister  of  the  gospel  within  this  Common- 
wealth. 

Resolved,  also,  That  the  issue  of  each  and  all  such  mar- 
riages, solemnized  as  aforesaid,  be,  and  they  hereby  are 
made  capable  in  law,  of  inheriting,  in  the  same  manner 
as  though  each  and  every  of  such  marriages  were  ori- 
ginally solemnized  according  to  law. 
36 


274  S.  FRANCIS.— T.  KENDALL. 

CHAP.  Lin. 

Resolve  on  the  petition  of  Solomon  Francis  and  others, 
March  1,  1830. 

Resolved,  That,  there  be  appropriated  from  the  trea- 
sury of  this  Commonweahh,  the  sum  of  four  hundred 
dollars,  for  the  purpose  of  erecting  two  school  houses 
for  the  use  and  benefit  of  the  Marshpee  Indians,  so 
called,  on  their  plantation,  to  be  expended  under  the 
direction  of  the  Overseers  of  the  Marshpee  and  Herring 
Pond  tribes  ;  whose  account  for  the  expenditure  of  the 
same,  shall  be  audited,  adjusted,  and  transmitted,  in  the 
same  manner,  as  is  provided  in  the  seventh  section  of 
"  An  Act  in  addition  to  the  several  acts  respecting  the 
Indians  and  other  persons,  proprietors  and  residents  on 
the  Plantation  of  Marshpee  and  Herring  Pond,  so  call- 
ed," passed  on  the  18th  day  of  February,  A.  D.  1819. 

Resolved,  That  His  Excellency  the  Governor  be  re- 
quested to  draw  his  warrant  on  the  Treasurer,  in  favor 
of  said  Overseers,  for  the  sum  mentioned  in  the  fore- 
going Resolve. 


CHAP.  LIV. 

Resolve  on  the  petition  of  Thomas  Kendall,  Guardian  of 
Hezekiah  Smith  Kendall,  and  other  minors. 

March  2,  1830. 

Resolved,  For  the  reasons  set  forth  in  said  petition,  that 
Thomas  Kendall,  of  Boston,  in  the  County  of  Suffolk, 
guardian  of  Hezekiah  Smith  Kendall,  DanieL  Sharp 
Kendall,  Rebecca  Smith  Kendall,  Thomas  Carey  Ken- 
dall, and  Samuel  Davies  Kendall,  minors,  be,  and  he  is 


DAVID  CHILD.  275 

hereby  authorized,  at  any  time  within  three  months  after 
the  passing  of  this  Resolve,  to  make  and  file  in  the 
Probate  office  in  said  County  of  Suffolk,  his  affidavit, 
setting  forth  the  time,  place,  and  manner,  in  which  he 
gave  notice  of  the  sale  of  certain  real  estate  belonging 
to  said  minors,  situated  in  Haverhill  in  the  County  of 
Essex,  and  which  the  said  Kendall  was  licensed  to  sell 
by  virtue  of  an  order  of  the  Supreme  Judicial  Court 
begun  and  holden  at  Salem,  within  and  for  the  said 
County  of  Essex,  on  the  first  Tuesday  of  November, 
Anno  Domini,  1825,  and  such  affidavit,  being  so  filed, 
shall  be  evidence  of  the  time,  place,  and  manner  in 
which  such  notice  was  given,  and  be  as  effectual  for  all 
purposes,  as  if  the  same  had  been  made  and  filed  in  said 
Probate  office  within  the  time  prescribed  by  law. 


CHAP.  LV. 

Resolve  on  the  petition  of  David  Child  for  permission  to 
perpetuate  evidence  of  notice  of  the  sale  of  certain  real 
estate, 

March  2,  1830. 

Resolved,  for  reasons  set  forth  in  said  petition.  That 
David  Child,  of  Groton,  in  the  County  of  Middlesex, 
guardian  of  Deanna  A.  Staples,  and  EHzabeth  F.  Sta- 
ples, minors,  and  children  of  Edward  Staples,  late  of 
Shirley,  in  said  county,  deceased,  be,  and  he  is  hereby 
authorized  and  empowered  to  file  in  the  Probate  office 
within  said  county,  within  four  months  from  and  after 
the  passage  of  this  Resolve,  an  affidavit  that  he  gave 
notice  of  the  sale  of  certain  real  estate  of  said  minors, 
situate  in  Groton,  Shirley,  and  Harvard,  pursuant  to  a 
license  of  the  Supreme  Judicial  Court  of  said  Common- 
wealth ;  and  such  affidavit,  being  so  filed,  shall  be  evi- 
dence of  said  notice,  and  of  the  time,   place,  and  man- 


276  MARY  COOK.— MESSAGE. 

ner  [in]  which  the  same  was  given,  as  effecually  as  if 
such  affidavit  had  been  made  and  filed  in  the  said  Pro- 
bate office  within  the  time  prescribed  by  law. 


CHAP.  LVL 

Resolve  on  the  petition  of  Mary  Cook,  and  others. 
March  2,  1830. 

On  the  petition  of  Mary  Cook,  and  others,  praying 
compensation  for  the  support  of  certain  paupers  on 
Chappequiddic  Island — 

Resolved,  That  there  be  allowed  and  paid  to  said 
Mary  Cook,  out  of  the  treasury  of  this  Commonwealth, 
the  sum  of  one  hundred  and  thirty  seven  dollars,  in  full 
satisfaction  of  her  account  for  the  support  of  Bethiah 
Moses,  a  pauper ;  and  that  the  Governor  be  authorized 
to  draw  his  warrant  on  the  Treasurer  for  the  same. 


CHAP.  LVH. 

To  the  Honorable  Senate, 

and  House  of  Representatives. 

I  refer  to  the  consideration  of  the  Legislature,  a  com- 
munication, addressed  to  the  Governor  and  Council,  by 
the  Attorney  General,  in  relation  to  the  estate  of  one 
John  B.  Lewis,  late  resident  in  Weymouth,  in  the 
County  of  Norfolk,  deceased,  intestate,  which  in  default 
of  heirs,  accrues,  by  escheat,  to  the  Commonwealth. 
The  property  is  represented  to  consist  of  promissory 
notes,  monies,  and  other  personal  effects  to  the  amount 


MESSAGE.  277 

of  nearly  one  thousand  dollars,  for  the  security  and  col- 
lection of  which,  the  intervention  of  an   administration 
will  be  necessary.     This  authority  has  been  denied  by 
the  Judge  of  Probate  for  the  County  of  Norfolk,  to  the 
claim  of  a  pretended  creditor,  who  sought  to  obtain  it ; 
and  as  the  Commonwealth  alone  appears  to   be  inter- 
ested in  the  recovery  of  the  property,  the  Attorney  Gen- 
eral asks  for  direction  from   the   government,  in  refer- 
ence to  an  application  for  letters  of  administration  on 
the  estate.     It  is  very  clear  that  the  Executive  Govern- 
ment have  no  jurisdiction  of  the  matter,  but  that  what- 
ever provision  may  be  necessary  is  with  the  Legislature. 
r  beg  leave,  therefore,  to  recommend,  that  the  Attorney 
General,  or  some  other  responsible  public  officer,  be  di- 
rected to  apply  for  administration  on  the  estate  of  the 
intestate,  with  instructions,  thereafter  to  settle  the  same 
in  the  Probate  Office  of  the  County  of  Norfolk,  and  after 
discharging  the  debts,  if  any  there  be,  and  expenses  of 
administration,  to  pay  the  proceeds  into  the  Treasury 
of  the    State.     It  has  been  suggested  to  me  that  cases 
of  similar  character,  though  of  minor  importance,  not 
unfrequently  occur.     The  Legislature  will  best  judge  of 
the  expediency  of  a  general  law,  by  the  operation  of 
which,  in  all  such  instances,  the  property  may  be  placed 
in  the  hands  of  responsible  agents,  and  the  Common- 
wealth be  secured  in  the  interest  which  it  may  have  in 
the  just  settlement  of  the  estates  of  persons  who  die  in- 
testate, leaving  no  heir,   who  is  legally  entitled  to  the 
inheritance. 

LEVI  LINCOLN. 
Council  Chamber,  March  3,  1 830. 


278  SURVEYOR. 


CHAP.  LVIII. 

Resolves  authorizing  the  Governor,  by  and  with  the  advice 
of  the  Council,  to  appoint  a  Surveyor  to  make  a  general 
survey  of  the  Commonwealth. 

March  3,  1830. 

Resolved,  That  His  Excellency  the  Governor,  by  and 
with  the  advice  of  the  Council,  be,  and  he  hereby  is  au- 
thorized and  requested,  to  appoint  a  Surveyor  well  skill- 
ed in  astronomy,  and  in  the  art  of  surveying  upon  trigo- 
nometrical principles,  with  such  assistants  as  the  said 
Surveyor  may  need,  whose  duty,  it  shall  be,  under  the 
direction  of  His  Excellency  the  Governor,  to  make  a 
general  survey  of  the  Commonwealth,  and  from  such 
survey,  and  such  astronomical  observations  and  calcula- 
tions as  may  be  made,  to  project  an  accurate  skeleton 
plan  of  the  State,  which  shall  exhibit  the  external  lines 
thereof,  and  the  most  prominent  objects  \|lithin  those 
lines  and  their  locations. 

And  he  it  further  Resolved,  That  the  Secretary  of  the 
Commonwealth,  be,  and  he  hereby  is  directed,  to  deliver 
to  the  Surveyor  appointed  as  aforesaid,  all  such  charts, 
maps,  plans,  and  surveys,  as  have  at  any  time  been  de- 
posited in  his  office  and  now  remain  there,  taking  a 
schedule  thereof  from  such  Surveyor,  who,  when  he 
shall  have  made  such  use  of  said  charts,  maps,  plans, 
and  surveys,  as  shall  enable  him  the  better  to  discharge 
the  duties  of  his  commission,  shall  return  the  same  to 
the  said  Secretary's  office. 

And  he  it  further  Resolved,  That  His  Excellency  the 
Governor,  by  and  with  the  advice  of  the  Council,  be, 
and  he  hereby  is  authorized,  to  draw  his  warrant  from 
time  to  time,  upon  the  Treasurer  of  the  Commonwealth, 
for  any  sum  or  sums,  to  enable  the  said  Surveyor  to  pro- 
ceed in  the  execution  of  the  duties  of  his  commission, 
not  exceeding  two  thousand  dollars  in  the  whole^  such 
Surveyor  accounting  for  the  sam.e. 


NATHAN  ADAMS.  279 

CHAP.  LIX. 

Resolve  on  the  petition  of  Nathan  Adams,  Administrator. 

March  3,  1830. 

Resolved,  For  reasons  set  forth  in  his  petition,  that 
Nathan  Adams,  of  Medford,  in  the   County  of  Middle- 
sex, administrator  of  the  estate  of  Rebecca  Adams,  late 
of  Boston,  in  the  County  of  Suffolk,  widow,  deceased, 
intestate,  be,  and  he  is  hereby  fully  authorized  and  em- 
powered to  sell  and  convey  all  the  right,  title  and  estate 
of  the  said  deceased,  in  and  to  a  certain  house,  and  land 
under  and   adjoining  thereto,  situated  in  said  Boston, 
upon  Washington  street,  and  bounded  thereby  towards 
the  northwest,  there  measuring  forty-five  feet,  towards 
the  northeast  on  land  of  Samuel  Cobb,  seventy  feet  to 
an  angle,  then  on  a  line  running  easterly  by  land  of  said 
Cobb  six  feet,  and  towards  the   east  by  a  line  running 
southerly  at  right  angles  with  the  six  foot  line  last  men- 
tioned, there  measuring  forty-five  feet,  towards  the  south- 
west  by   land  of  Jonathan    French,   there   measuring 
twenty-one  feet  to  an  angle,  and  from  said  angle  in  a 
right  line  by  said  French's  land  to  Washington  street 
aforesaid,  with  all  the  privileges  and  appurtenances,  or 
however  otherwise  bounded,  it  being  the  same  house 
and   land  which  was   conveyed  to  said  deceased,  by 
Lemuel  Cushing,  by  deed  bearing  date  the  first  day  of 
August,  A.  D.  1826,  and  recorded  in  the  Registry  of 
Deeds  in  said  County  of  Suffolk,  (lib.  312,  fo.  96,)  for 
the  payment  of  said  deceased's  just  debts,  and  charges 
of  administering  her  estate  and  incidental  charges  of 
said  sale  ;  the  said  administrator  first  giving  bond,  with 
sufficient  surety,  to  the  Judge  of  Probate  for  said  County 
of  Suflfolk,  to  account  to  him  for  the  proceeds  of  said 
sale,  and  in  all  things  touching  said  sale  to  govern  him- 
self agreeably  to  the  laws  of  said  Commonwealth  relat- 
ing to  the  sale  of  real  estate  by  executors  and  adminis- 
trators for  the  payment  of  the  debts  of  deceased  persons, 


280  CANAL.— ADJ.  GENERAL. 

where  the  whole,  or  any  certain  part  of  such  real  es- 
tates are  to  be  sold  :  And  provided,  also,  that  said  ad- 
ministrator first  take  the  oath  required  by  law  of  admin- 
istrators previous  to  the  sale  of  such  estates. 


CHAP.  LX. 

A  Resolve  in  relation  to  a  Survey  of  a  Canal  Route  be- 
tween Buzzard^s  and  Barnstable  Bays. 

March  3,  1830. 

Resolved,  Tlmt  His  Excellency  the  Governor,  be,  and 
he  hereby  is,  requested  to  procure  from  the  Secretary 
of  the  Department  of  War,  copies  of  any  Reports,  Esti- 
mates, or  Documents,  in  that  department,  not  hereto- 
fore furnished  tliis  Commonwealth,  relating  to  the  con- 
struction of  a  Canal  across  the  Isthmus  of  Cape  Cod,  to 
unite  the  waters  of  Buzzard's  and  Barnstable  Bays. 


CHAP.  LXL 

Resolve  authorizing  the  Adjutant  General  to  convey  land  in 

Greenfield. 

March  3,  1830. 

Resolved,  That  William  H.  Sumner,  Adjutant  General 
of  this  Commonwealth,  be,  and  he  is  hereby  authorized  to 
convey  by  deed  to  Samuel  Pierce,  of  Greenfield,  all  the 
right  of  the  Commonwealth  in  and  to  a  certain  tract  of 
land  in  the  said  town  of  Greenfield,  on  which  the  Gun 
House  lately  stood,  and  which  was  conveyed  to  the 
Commonwealth,  by  Abner  Wells,  on  the  twenty  sixth 
day  of  October,  in  the  year  of  our  Lord  one  thousand 


REMEDIES  IN  EQUITY.  281 

eight  liundrcd  and  eleven,  bounded  as  follows,  begin- 
ning at  the  southeast  corner  of  a  lot  of  land,  now,  or 
formerly  of  said  Wells,  called  the  Corse  lot,  and  on  the 
road  leading  from  Greenfield  street  to  Gill,  and  extend- 
ing southerly  on  said  road  twenty-six  feet,  thence  west- 
erly at  right  angles  with  the  line  of  the  road  nineteen 
feet,  thence  northerly  parallel  with  the  said  line  of  said 
road  twenty-six  feet,  thence  easterly  nineteen  feet  to  the 
first  named  boundary,  or  however  otherwise  the  same 
may  be  bounded. 


CHAP.  LXII. 

A  Resolve  concerning  the  Laws  giving  Remedies  in 
Equity. 

March  3,  1830. 

Resolved,  That  Lemuel  Shaw,  of  Boston,  be  a  Com- 
mittee to  collect,  combine  and  digest,  the  several  stat- 
utes giving  remedies  in  equity,  and  to  state,  in  detail, 
the  proceedings  and  practice  of  the  Supreme  Judicial 
Court  under  those  laws,  and  in  what  manner  they  come 
in  aid  of  the  administration  of  justice  ;  also  to  inquire 
into  the  causes  of  delay,  if  any,  which  attend  these  reme- 
dies, and  the  means  of  their  prevention,  and  further  to 
state  the  comparative  expenses  of  proceedings  in  equity, 
and  cases  at  law  ;  and  that  said  committee  proceed  as 
soon  as  conveniently  may  be,  in  the  execution  of  the 
purposes  of  this  Resolve. 

And  be  it  further  Resolved,  That  said  Committee,  after 
having  performed  the  duties  assigned  by  the  foregoing 
Resolve,  report  the  same  to  the  Legislature,  with  his 
opinion  thereon. 


37 


282  MARY  COOK. 

CHAP.  LXIII. 

Resolve  on  the  petition  of  Mary  Cook. 
March  4,  1830. 

On  the  petition  of  Mary  Cook,  and  others,  praying 
for  rehef  in  the  division  of  lands  belonging  to  the  native 
Indians  on  the  Island  of  Chappequiddic  ; — 

Resolved,  for  reasons  set  forth  in  said  petition,  that 
Daniel  Fellows,  jun.  Esq.,  the  guardian  of  said  Indians^ 
be,  and  he  is  hereby  authorized  and  empowered  to  set 
off  and  assign  such  portions  of  the  common  and  undi- 
vided lands  on  the  island  of  Chappequiddic,  other 
than  those  on  Chappequiddic  Great  Neck,  so  called, 
as  he  may  deem  proper,  to  such  person  or  persons 
as  in  his  opinion  may  be  justly  and  equitably  enti- 
tled thereto,  to  supply  any  deficiency  in  the  allotment 
of  lands  lately  made  among  said  natives  by  the  Com- 
missioners appointed  by  virtue  of  an  Act  passed  the 
tenth  day  of  March,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  twenty  eight ;  and  that  the  said 
Fellows  take  such  measures,  by  commencing  actions  or 
otherwise,  as  he  may  deem  expedient,  to  compel  the 
white  inhabitants  on  said  island  to  build  the  line  fence 
between  them  and  said  Indians,  agreeably  to  the  pro- 
visions of  the  existing  laws  of  the  Commonwealth  on 
that  subject. 


STATE  PRISON.— J.  ROOT.  283 

CHAP.   LXIV. 

Resolve  respecting  the  State  Prison. 
March  4,  1830. 

Resolved,  That  the  Inspectors  of  the  State  Prison  be 
requested  to  obtain  all  information  in  their  power,  with- 
out expense  to  the  Commonwealth,  on  the  subject  of 
making  some  provision  for  a  place  of  employment,  or 
subsidiary  establishment,  for  discharged  convicts,  who 
may  choose  to  be  employed,  and  for  which  they  shall 
receive  wages  in  proportion  to  their  earnings,  until  they 
could  otherwise  find  a  settled  employment  through  an 
honest  medium,  thus  giving  those  who  are  desirous  of 
reforming,  an  opportunity  of  sheltering  themselves  from 
the  dangers  of  a  relapse,  which  arise  from  being  idle, 
and  without  the  means  of  subsistence  ;  and  that  said 
Inspectors  lay  before  the  next  Legislature  any  informa- 
tion so  obtained. 


CHAP.  LXV. 

Resolve  on  the  petition  of  Joseph  Root. 

March  4,  1830. 

Resolved,  for  reasons  set  forth  in  said  petition,  that 
there  be  allowed  and  paid  to  Joseph  Root,  out  of  the 
treasury  of  this  Commonwealth,  the  sum  of  fifteen  dol- 
lars and  eighty  two  cents,  in  full  for  his  services  as  act- 
ing Brigade  Major  and  Inspector  in  the  first  Brigade  and 
fourth  Division  of  the  Militia  of  this  Commonwealth, 
from  the  twenty  second  day  of  April  until  the  twelfth 
day  of  September,  in  the  year  of  our  Lord  one  thousand 


284    F.  COOLIDGE.—SAUGUS  CONG.  SOC. 

eight  hundred  and  twenty  eight ;  and  His  Excellency 
the  Governor  is  hereby  requested  to  draw  his  warrant 
upon  the  treasury  therefor. 


CHAP.  LXVI. 

Resolve  on  the  petition  of  Flavcl  Coolidge. 
March  4,  1830. 

Resolved,  That  Flavel  Coolidge  be  released  from  the 
payment  of  the  balance  due  from  him  to  the  Common- 
wealth for  labour  performed  by  convicts  in  the  State 
Prison,  amounting  to  the  sum  of  seventy  eight  dollars 
and  eighty  five  cents ;  and  the  Warden  of  the  Prison 
is  hereby  directed  to  discontinue  the  suit  now  pending 
against  said  Coolidge  for  the  aforesaid  sum. 


CHAP.  LXV^H. 

Resolve  on  the  petition  of  the  First  Congregational  So- 
ciety in  Saugus,  praying  for  leave  to  make  sale  of 
Ministerial  Lands. 

March  4,  1830. 

Resolved,  That  for  reasons  set  forth  in  the  said  peti- 
tion, the  said  society  be  and  they  are  hereby  authorized 
and  empowered,  by  a  Committee  to  be  duly  chosen  by 
them  for  that  purpose,  to  make  sale  of  the  real  estate 
in  said  Saugus,  belonging  to  said  society,  or  such  part 
thereof,  as  they  may  think   proper :  and  to  make  and 


JOHN  KELLOGG.  285 

execute  good  and  sufficient  deeds  to  convey  the  same 
to  the  purcliaser,  and  the  proceeds  of  said  sale  are  to 
be  paid  by  said  committee  to  the  assessors  of  said  so- 
ciety for  the  time  being,  and  they  and  their  successors 
in  said  office  shall  take  care  of,  and  invest  the  same, 
(excepting  so  much  thereof  as  may  be  necessary  to  dis- 
charge the  existing  debts  of  said  society)  for  and  in  the 
name  of  said  society  ;  and  every  investment,  by  them 
made,  shall  be  secured  by  mortgage  of  real  estate,  to  be 
estimated  by  them  at  least  double  the  value  of  the  sum 
invested ;  and  the  income  thereof,  shall  be  annually 
appropriated  for  the  support  of  the  minister  of  said 
society.  ^ 


CHAP.  LXVHL 

Resolve  on  the  petition  of  John  Kellogg. 

March  4,  1830. 

Resolved^  For  reasons  alleged  in  said  petition,  that 
there  be  allowed  and  paid,  out  of  the  Treasury  of  this 
Commonwealth,  to  John  Kellogg,  First  Aid  to  the  late 
Major  General  John  Whiting,  of  the  Seventh  Division 
Massachusetts  Militia,  the  sum  of  thirty-four  dollars  and 
sixty-six  cents. 


286      OVERSEERS,  &c.— MILITIA  FINES. 


CHAP.  LXIX. 

Resolve  in  Javor  of  the  Overseers  of  the  Poor  of  the  town 
of  New  Bedford, 

March  4,  1830. 

Resolved,  That,  for  reasons  set  forth  in  the  petition  of 
said  Overseers,  there  be  allowed  and  paid,  out  of  the 
Treasury  of  the  Commonwealth,  to  the  Overseers  of 
the  Poor  of  the  town  of  New  Bedford,  the  sum  of  one 
hundred  and  thirty  four  dollars,  for  the  benefit  of  said 
town  ;  and  His  Excellency  the  Governor,  with  advice 
of  Council,  is  requested  to  draw  his  warrant  for  said 
sum. 


CHAP.  LXX. 

Resolve  respecting  Militia  Fines. 

March  5,  1830. 

Resolved,  That  the  Adjutant  General  be  directed  to 
ascertain,  so  far  as  in  his  power,  to  whom  militia  fines 
were  paid,  (and  not  appropriated  agreeable  to  law,)  and 
give  information  of  the  same  to  the  Attorney  and  Soli- 
citor Generals,  and  that  the  Attorney  and  Solicitor 
Generals  be  directed  to  institute  suits  against  all  per- 
sons, in  whose  possession  the  aforesaid  fines  may  be,  if 
such  person  or  persons,  in  the  opinion  of  the  Adjutant, 
and  the  Attorney  and  Solicitor  Generals,  be  able  to  pay 
the  same  :  Provided,  the  same  are  not  paid  into  the 
State  Treasury  by  the  first  day  of  July  next. 


WILLIAM  HENRY,  287 

CHAP.  LXXI. 

Resolve  on  the  petition  of  William  Henry. 
March  6,  1830. 

On  the  petition  of  William  Henry,  of  Chester,  in  the 
State  of  Vermont,  Executor  of  the  last  will  and  testa- 
ment of  Josiah  Goodhue,  late  of  Hadley,  in  the  County 
of  Hampshire,  Physician,  deceased  ; — 

Resolved,  for  reasons  set  forth  in  said  petition,  that 
the  said  William  Henry  be,  and  he  hereby  is  authorized 
to  sell,  at  public  sale,  a  certain  lot  of  land,  with  the 
buildings  thereon,  situate  in  Hadley  aforesaid,  contain- 
ing about  one  acre,  and  bounded  northerly  on  land  now 

or  lately  belonging  to  Hannah  Gale  and Parmen- 

ter ;  west  on  land  now  or  lately  belonging  to  William 
Billings ;  south  on  Simeon  Dickinson,  and  east  on  Mid- 
dle-street, being  the  estate  on  which  Harvey  Dickinson 
lived  in  1828,  and  which  he  conveyed  to  the  said  Good- 
hue in  the  month  of  December  of  that  year,  subject  to 
a  mortgage  in  favor  of  Nathaniel  Coolidge,  jun.,  of 
which  estate  the  said  Goodhue  died  seized  and  possess- 
ed, partly  in  his  own  right,  and  partly  in  trust  for  Ed- 
ward Dickinson,  Samuel  Dickinson,  and  Elihu  Dickin- 
son, all  of  Hadley  aforesaid  ;  and  to  make,  execute,  and 
deliver  a  good  and  sufficient  deed  or  deeds  thereof,  to 
such  person  or  persons  as  may  purchase  the  same  : 
Provided,  however,  that  the  said  William  Henry  shall 
first  give  bond,  with  sufficient  surety  or  sureties,  to  the 
satisfaction  of  the  Judge  of  Probate  for  the  County  of 
Hampshire,  to  appropriate  the  net  proceeds  of  said 
sale  as  follows,  viz  :  to  the  estate  of  said  Goodhue,  de- 
ceased, the  sum  of  one  hundred  and  sixty  one  dollars 
and  seventy  four  cents  ;  to  the  said  Edward  Dickinson 
the  sum  of  thirteen  dollars  and  ninety  four  cents ;  and 
to  the  said  Samuel  and  Elihu  Dickinson  the  sum  of  two 
hundred  and  thirty  nine  dollars  and  thirty  eight  cents, 
in  case  said  proceeds  shall  amount  to  the  sum  of  four 
hundred  and  fifteen  dollars  and  six  cents  ;  but  if  the  nett 


288  LOIS  WHITE  k  LYDIA  SHAW. 

proceeds  of  sucli  sale  shall  fall  short  of  said  sum,  then 
the  loss  shall  be  rateably  borne  by  the  estate  of  said 
Goodhue,  deceased,  and  the  said  Edward  Dickinson, 
and  the  said  Samuel  and  Elihu  Dickinson,  according  to 
their  respective  proportions  as  above  stated  :  And  pro- 
vided further,  that  this  resolve  shall  in  no  way  aftectthe 
existing  rights  of  any  mortgagee  of  the  premises. 


CHAP.  LXXII. 

Resolve  authorizing  the  sale  of  certain  real  estate  of  Lois 
White  and  Lydia  Shaw,  minors. 

March  6,  1830. 

Resolved,  That  Lemuel  Humphrey  and  Hannah  White, 
as  the  executors  of  the  last  Will  and  Testament  of  Jo- 
seph White,  late  of  Weymouth,  in  the  County  of  Nor- 
folk, yeoman,  deceased,  for  the  reasons  set  forth  in  their 
petition,  be,  and  they  are  hereby  authorized  and  em- 
powered, to  sell  at  public  sale,  and  pass  deeds  to  con- 
vey that  part  of  the  real  estate  of  said  testator,  for  the 
payment  of  his  just  debts,  which  in  his  said  last  will,  he 
devised  specifically  to  his  grand  children,  Lois  White 
and  Lydia  Shaw,  minors,  and  which  is  described  in  said 
will  as  follows,  viz. — "  My  lot  of  land  lying  in  Hing- 
ham,  at  Shute's  Plain,  so  called,  being  partly  wood 
land,  and  partly  pasture,  containing  thirty-three  acres, 
more  or  less  ;" — on  condition,  however,  that  said  execu- 
tors first  give  bonds  to  the  Judge  of  Probate  for  the 
County  of  Norfolk,  and  comply  with  all  the  other  condi- 
tions now  required  by  law  for  the  sale  of  real  estate  by 
executors  and  administrators.  And  upon  the  condition, 
also,  that  said  executors  first  cause  a  Committee  of 
three  disinterested  and  judicious  freeholders  in  said 
County  of  Norfolk,  who  shall  be  appointed  by  the  Judge 
of  Probate  in  said  county,  to  appraise,  setoff,  and  assign, 


BELCHERTOWN  &  SUTTON  BANKS.  289 

to  said  minors,  a  part  of  the  real  estate  of  said  testator 
not  specifically  devised,  equal  in  value  to  the  parcel  of 
land  hereinbefore  specified  to  be  sold,  and  cause  the  re- 
turn of  said  Committee  to  be  filed  and  recorded  in  the 
Registry  of  Probate  in  said  County. 

Resolved,  That  said  minor  children  shall  have  and 
hold,  to  them  and  their  heirs,  said  real  estate,  so  to  be 
assigned  to  them,  in  the  same  way  and  manner,  as  they 
would  have  held  the  land  herein  authorized  to  be  sold, 
if  this  resolve  had  not  passed. 


CHAP.   LXXIII. 

Resolve  for  payment  of  expenses  incurred  in  investigating 
the  affairs  of  the  Belchertown  and  Sutton  Banks. 

March  6,  1830. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth,  to  John  W.  Lincoln, 
and  John  Wyles,  jointly,  the  sum  of  thirty-six  dollars 
and  seventy  cents ;  to  Philo  Dickinson,  the  sum  of 
sixteen  dollars  ;  to  Joseph  Lyman,  the  sum  of  three 
dollars ;  amounting  to  fifty  five  dollars  and  seventy 
cents ;  and  His  Excellency  the  Governor,  with  advice 
of  Council,  is  requested  to  draw  his  warrant  for  said 
sums  accordingly. 


38 


290  FAniHAVEN.— STATE  PRISON. 


CHAP.  LXXIV. 

Resolve  in  favor  of  the  Selectmen  and  Overseers  of  the 
poor  of  the  town  of  Fairhaven. 

March  6,  1830. 

Resolved,  That,  for  reasons  set  forth  in  the  petition  of 
said  Selectmen  and  Overseers  of  the  poor  of  Fairhaven, 
there  be  allowed  and  paid  out  of  the  treasury  of  this 
Commonwealth  the  sum  of  seventy  dollars  and  sixty  six 
cents;  and  His  Excellency  the  Governor,  with  the  ad- 
vice of  Council,  be  authorized  to  draw  his  warrant  for 
said  sum  accordingly. 


CHAP.  LXXV. 

Resolve  providing  for  the  building  of  a  Chapel  at  the 
State  Prison. 

March  6,  1830. 

Resolved,  That  there  be  erected,  within  the  prison 
yard  at  Charlestown,  and  at  the  south  end  of  the  new 
cookery,  and  upon  the  same  plan,  a  building  suitable 
for  a  Chapel,  the  plan  of  which  shall  be  first  approved 
by  His  Excellency  the  Governor ;  and  it  shall  be  the 
duty  of  the  Warden  of  said  Prison  to  prepare  the  plan, 
and  personally  superintend  the  erecting  of  the  same  ; — 
and  that  there  be  applied,  out  of  any  money  appropri- 
ated for  the  use  of  the  prison,  the  sum  of  nine  hundred 
dollars,  to  defray  the  expense  of  said  building. 

Be  it  further  resolved,  That  the  Warden  of  the  State 
Prison  lay  before  the  next  General  Court  an  accurate 
plan  of  such  additions  and  alterations  in  the  buildings 
within  the  prison  yard,  with  estimates  of  the-  probable 


WILLIAM  BROWN.  291 

cost,  distinguishing  such  {jart  as  may  be  done  by  con- 
victs, with  such  other  information  on  the  subject  as  he 
may  think  proper. 


CHAP.  LXXVI. 

Resolve  on   the  petition  of  William  Brown,  Executor  of 
the  late  Williain  Brown,  oj  Boston,  Esquire. 

March  8,  1830. 

On  the  petition  aforesaid  ; — 

Resolved,  That  the  said  WiUiam  Brown,  for  rea- 
sons set  forth  in  his  petition,  be  authorized,  and  he  is 
hereby  authorized  and  empowered  to  sell,  to  any  person 
or  persons  whomsoever,  at  public  or  private  sale,  for 
cash  or  on  credit,  in  whole  or  in  part,  and  on  such 
terms  as  he  shall  think  most  advantageous,  and  to  pass 
good  and  sufficient  deeds  therefor,  one  undivided  fourth 
part  of  the  lot  of  land  in  Washington-street,  lying  in 
front  of  the  mansion  house  of  the  late  William  Brown, 
and  just  south  of  the  street  leading  to  South  Boston 
Bridge,  of  which  land  the  said  William  Brown  died 
seized  ;  and  also  one  undivided  fourth  part  of  all  the 
flats  belonging  to  the  estate  of  the  said  William  Brown, 
deceased,  lying  in  the  rear  of  the  said  mansion  house 
and  of  said  lot  of  land ;  being  that  portion  of  said  land 
and  flats  in  which  Samuel  L.  Brown,  one  of  the  chil- 
dren of  said  William  Brown,  deceased,  has  an  interest, 
under  the  will  of  said  William  ; — he  the  said  petitioner 
investing  the  net  proceeds  of  the  land  and  flats  sold  by 
virtue  hereof,  agreeably  to  the  provisions  of  the  will  of 
said  William  Brown,  deceased,  for  the  benefit  of  the 
said  Samuel  L.  Brown,  and  his  heirs  at  law^ :  Provided, 
hoioever,  that  the  petitioner,  the  said  William  Brown, 
shall  first  give  bond  to  the  Judge  of  Probate  for  the 
County  of  Suffolk,  with  surety  or  sureties,  in  such  sum 


292         MEDFORD.— BRIGHTON  BANK. 

as  shall  be  satisfactory  to  said  Judge,  faithfully  to  ac- 
count for  the  proceeds  of  any  sale  which  may  be  made 
under  this  Resolve. 


CHAP.  LXXVH. 

Resolve  in  favor  of  the  town  of  Medjord. 

March  9,  1830. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
public  treasury,  to  the  town  of  Medford,  the  sum  of  one 
hundred  dollars,  which,  together  with  the  sum  of  seventy 
seven  dollars  and  sixty  three  cents,  allowed  on  Roll  No. 
102,  reported  by  the  Committee  on  Accounts  the  pre- 
sent session,  will  be  in  full  discharge  of  the  account  of 
said  town,  for  support  of  State  paupers  to  the  first  of 
January  1830  ;  and  His  Excellency  the  Governor  is  re- 
quested to  draw  his  warrant  accordingly. 


CHAP.  LXXVIII. 

A  Resolve  for  paying  the  expenses  of  the  Committee  ap- 
pointed to  inquire  into  the  doings  of  the  Brighton  Bank. 

March  9,  1830. 

Resolved,  That  there  be  paid,  out  of  the  treasury  of 
this  Commonwealth,  to  John  W.  Lincoln,  the  sum  of 
ten  dollars  and  eight  cents,  it  being  in  full  for  the  ex- 
penses incurred  by  the  committee  appointed  to  inquire 
into  the  doings  of  the  Brighton  Bank,  in  the  discharge 
of  the  duties  of  their  appointment ;  and  His  Excellency 


N 


JONAS  MUNROE.  293 

the  Governor,  with  the  advice  of  Council,  is  requested 
to  draw  his  warrant  accordingly.  *. 


CHAP.  LXXIX. 

Resolve  on  the  petition  of  Jonas  Munroe. 
March  9,  1830. 

On  the  petition  of  Jonas  Munroe,  of  Lexington,  in  the 
County  of  Middlesex,  yeoman,  as  administrator,  with  the 
will  annexed,  on  the  estate  of  Amos  Smith,  late  of  Rox- 
bury,  in  the  County  of  Norfolk,  deceased,  praying  for 
leave  to  sell,  at  public  or  private  sale,  all  the  right,  title 
and  interest,  which  the  said  Smith,  at  the  time  of  his 
decease,  had  in  and  to  the  real  estate,  described  in  said 
petition,  and  hereinafter  set  forth,  and  to  convey  the 
same  accordingly  ; 

Resolved,  for  the  reasons  set  forth  in  said  petition, 
that  the  said  Jonas  Munroe,  as  such  Administrator  with 
the  will  annexed,  of  said  Amos  Smith,  be,  and  he  hereby 
is  fully  authorized  and  empowered  to  sell,  at  public  or 
private  sale,  for  the  benefit  of  the  devisees  named  in  the 
last  will  and  testament  of  the  said  Smith,  and  of  the 
heirs  at  law  of  such  devisees,  all  the  right,  title,  and  in- 
terest, of  which  said  Smith  died  seized  and  possessed, 
in  and  to  the  two  parcels  of  real  estate  herein  described, 
to  wit :  one  parcel  situate  in  said  Roxbury,  bounded 
northwesterly  on  Washington-street,  northeasterly  on 
land  of  Kendall  Brooks,  southeasterly  on  land  of  Charles 
Davis,  and  southwesterly  on  land  of  Gardner  and  Le- 
mist;  also  one  other  parcel  of  land  situated  in  said 
Roxbury,  and  bounded  southeasterly  on  said  Washing- 
ton-street, southwesterly  on  land  of  Charles  Davis, 
northwesterly  on  the  road  leading  from  said  Roxbury  to 
Dorchester,  and  northeasterly  on  land  of  Charles  Brad- 


294  RUFUS  FISKE. 

bury ;  and  by  deed  or  deeds,  duly  executed,  acknowl- 
edged and  recorded,  to  convey  the  same  accordingly, 
to  the  purchaser  or  purchasers  thereof:  Provided,  the 
said  Administrator,  with  the  said  will  and  testament  an- 
nexed, first  make  oath  before  the  Judge  of  Probate  in 
and  for  the  County  of  Norfolk,  to  act  faithfully  and  im- 
partially, according  to  his  best  skill  and  judgment,  in 
making  said  sale,  and  give  bond,  with  sufficient  sureties, 
to  the  said  Judge,  to  act  as  aforesaid  in  making  said 
sale  ;  and  to  account  for,  and  make  payment  of  the 
proceeds  of  said  sale,  to  the  persons  entitled  thereto, 
agreeably  to  the  rules  of  law. 


CHAP,  LXXX. 

Resolve  upon  the  petition  of  Rufus  Fiske,  Guardian, 
March  9,  1830. 

Upon  the  petition  of  Rufus  Fiske,  as  he  is  guardian  to 
Anson  J.  Stone,  Milton  J.  Stone,  Lucinda  R.  Stone, 
Henry  N.  Stone,  and  James  W.  Stone,  minors,  under 
fourteen  years  of  age,  and  children  of  Joseph  Stone,  of 
the  City  of  Boston,  in  the  County  of  Suffolk,  Wood- 
wharfinger,  deceased,  intestate,  praying  that  he  may  be 
authorized  and  empowered  to  lease  certain  real  estate, 
belonging  to  said  minors,  situate  at  the  northerly  part  of 
said  City,  and  described  in  said  petition,  for  a  term  of 
time  not  exceeding  nine  years  and  four  months ;  and 
not  extending  beyond  the  twenty  eighth  day  of  June, 
which  will  be  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  forty,  when  the  eldest  of  said  minors 
will  arrive  at  the  age  of  twenty  one  years  ; 

Resolved,  by  the  Senate  and  House  of  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the 
same.  That  the  said  Rufus  Fiske,  as  he  is  guardian  to 
said  Anson  J.  Stone,  Milton  J.  Stone,  Lucinda  R.  Stone, 
Henry  N.  Stone,  and  James  W.   Stone,  minors,  under 


ASYLUM  FOR  BLIND.  295 

fourteen  years  of  age,  be,  and  he  is  hereby  authorized 
and  empowered,  to  demise  and  lease  the  said  real  estate, 
or  any  part  thereof,  by  public  auction,  or  at  private  sale, 
as  the  said  guardian  shall  judge  best,  for  the  most  rent 
that  can  be  obtained  therefor,  and  for  any  terra  of  time 
or  times,  not  however  to  exceed  the  period  of  nine  years 
and  four  months,  and  riot  to  extend  beyond  the  twenty 
eighth  day  of  June  which  will  be  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty,  when  the 
said  Anson  J.,  the  eldest  of  said  minors,  will  arrive  at 
twenty  one  years  of  age  ;  and  upon  such  terms,  condi- 
tions, restrictions,  and  limitations,  as  the  said  guardian 
shall  from  time  to  time  determine  to  be  most  perma- 
nently beneficial  to  said  minors ;  and  to  seal,  execute, 
acknowledge,  and  deliver,  good  and  sufficient  deed  or 
deeds,  to  demise  and  lease  the  same  as  aforesaid. 


CHAP.  LXXXI. 

Resolve  inaking  an  appropriation  in  aid  of  the  New  Eng- 
land Asylum  for  the  Blind. 

March  9,  1830. 

Resolved,  That  there  be  paid,  out  of  the  treasury  of 
this  Commonwealth,  to  the  New  England  Asylum  for 
the  Blind,  the  unexpended  balance,  during  the  current 
year,  of  the  amount  of  the  appropriation  for  educating 
the  Deaf  and  Dumb,  authorized  by  a  resolve  of  Feb- 
ruary 7,  1829;  and  that  the  Governor  of  the  Common- 
wealth be  authorized  to  draw  his  warrant  accordingly, 
for  the  balance  of  said  appropriation  now  in  the  trea- 
sury, and  a  like  warrant,  in  May  next,  for  such  balance 
as  then  may  remain. 

Resolved,  That  the  unexpended  balance  of  said  appro- 
priation, which  may  remain  from  time  to  time,  after  the 
current  year,  be  paid  to  said  Asylum,  upon  the  warrants 
of  the  Governor,  unless  other  disposition  be  made 
thereof  by  the  General  Court. 


296       REPEAL.— LUNATIC  HOSPITAL. 

CHAP.  LXXXH. 

Resolve  repealing  a  resolve  passed  February  15,  1814. 

March  9,  1830. 

Resolved^  That  a  resolve  passed  the  fifteenth  of  Feb- 
ruary, in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  fourteen,  directing  the  Committee  on  Ac- 
counts to  allow  certain  accounts  of  the  Massachusetts 
Agricultural  Society,  be,  and  the  same  is  hereby  repeal- 
ed ;  and  instead  of  the  sum  of  one  thousand  dollars, 
allowed  by  said  resolve  to  be  paid  to  the  said  Trustees, 
there  shall  be  paid,  for  one  year,  six  hundred  dollars  to 
the  Trustees  of  the  Massachusetts  Agricultural  Society, 
for  the  use  of  the  Botanic  Garden,  in  the  manner  spe- 
cified in  the  resolve  of  1814. 


CHAP.  LXXXIII. 

Resolve  for  erecting  a  Lunatic  Hospital. 

March  10,  1830. 

Resolved,  by  the  Senate  and  House  of  Representatives 
in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  His  Excellency  the  Governor,  by  and  with 
the  advice  and  consent  of  Council,  be,  and  he  is  hereby 
authorized  and  empowered  to  purchase  a  lot  of  land 
within  this  Commonwealth,  and  procure  a  deed  thereof 
in  the  name  of  the  Commonwealth,  which  shall  be  an 
eligible  site  for  a  Lunatic  Hospital ;  regard  being  had, 
in  the  selection  of  such  site,  to  the  centre  of  population, 
and  to  the  cheapness  of  labor  and  materials  for  the  con- 
struction of  said  Hospital ;  and  that  His  Excellency  the 


iMESSAGE.  297 

Governor,  with  the  advice  and  consent  aforesaid,  ap- 
point a  board  of  three  Commissioners,  who  shall  cause 
to  be  erected,  on  said  site,  a  Hospital,  suitable  for  the 
accommodation  of  a  Superintendant,  and  of  one  hun- 
dred and  twenty  Lunatics  or  persons  furiously  mad  ; 
and  that  said  Commissioners  shall  have  povv^er  to  make 
all  necessary  contracts  for,  and  to  appoint  agents  to  su- 
perintend the  erection  of  the  same  ;  and  sliall  also  as- 
certain and  report  to  His  Excellency,  a  system  of  disci- 
pline and  government  therefor,  at  or  before  the  time 
when  the  same  shall  be  completed.  And  said  Commis- 
sioners shall  present  all  their  accounts  to  the  Governor 
and  Council,  to  be  by  them  audited  and  allowed  as  they 
shall  deem  just. 

And  be  it  further  Resolved,  That,  to  defray  the  expen- 
ses of  erecting  said  Hospital,  His  Excellency  the  Gov- 
ernor, by  and  with  the  advice  and  consent  aforesaid,  be, 
and  he  hereby  is  authorized  to  draw  his  warrant,  from 
time  to  time,  upon  the  Treasurer  of  this  Common  wealthy 
for  the  necessary  sums  of  money,  not  exceeding  in  the 
whole  thirty  thousand  dollars. 


CHAP.  LXXXIV. 

To  the  Honorable  Senate, 

and  House  of  Representatives. 

Major  General  Shepherd  Leach  having  tendered  his 
resignation  of  the  command  of  the  Fifth  Division  of  the 
Militia,  has,  this  day,  been  honorably  discharged.  As 
the  Constitution  devolves  the  election  of  a  successor 
upon  the  two  branches  of  the  Legislature,  I  seize  the 
earliest  moment  to  present  this  communication  for  their 
official  notice. 

LEVI  LINCOLN. 

Council  Chamber y  March  10,  1830. 

39 


298  WILL  OF  JAMES  PERKINS. 


CHAP.  LXXXV. 

Resolve  authorizing  the  Trustees  under  the  Will  of  James 
Perkins^  late  qjf  Boston,  deceased,  to  convey  certain 
real  estate. 

March  11,  1830. 

On  the  petition  of  Thomas  H.  Perkins,  Samuel  G. 
Perkins,  and  WiUiam  H.  Gardiner,  executors  of  and 
trustees  under  the  last  Will  and  Testament  of  James 
Perkins,  late  of  the  City  of  Boston,  merchant,  deceased, 
and  of  Edward  H.  Kobbins,  guardian  of  the  minor  chil- 
dren of  said  James  Perkins,  praying  that  the  trustees, 
under  said  Will  of  said  Perkins,  may  be  empowered  to 
sell  and  convey  certain  real  estate  devised  to  them  in 
and  by  said  will  in  trust  for  the  benefit  of  said  minors. 

Resolved,  For  the  reasons  set  forth  in  said  petition, 
that  the  trustees  under  the  last  will  and  testament  of 
James  Perkins,  late  of  the  City  of  Boston,  merchant, 
deceased,  be,  and  they  hereby  are  authorized  and  em- 
powered, to  make,  and  execute,  good  and  sufficient 
deeds,  of  the  real  estate  hereinafter  described,  situate 
in  the  City  of  Boston,  and  that  such  deeds,  when  duly 
acknowledged  and  recorded,  shall  pass  to  the  purchaser 
or  purchasers  of  said  real  estate,  all  the  right,  title,  in- 
terest and  estate  which  the  said  James  Perkins  had  in 
and  to  the  same,  to  wit  :■ — One  undivided  fourth  part  of 
four  lots  of  land,  situate  at  Wheeler's  Point,  so  called, 
bounded  and  described  as  follows  ;— One  bounded  east- 
erly eighty  feet  on  Sea  street ;  southerly  on  land  now  or 
late  of  Isaac  P.  Davis,  one  hundred  and  eighty  feet ; 
westerly  on  a  thirty  feet  street,  laid  out  by  Hatch  and 
others,  eighty-two  leet ;  northerly  on  land  formerly  of 
Uriah  Cotting.  One  other  lot  bounded  westerly  on 
Sea  street  twenty  feet,  northerly  on  land  formerly 
of  Uriah  Cotting,  one  hundred  and  three  feet;  east- 
erly on  a  forty  feet  street  twenty  feet ;    and  southerly 


WILL  OF  JAMES  PERKINS.  299 

on  a  thirty  feet  street  one  hundred  and  three  feet. 
One  other  lot,  bounded  easterly  on  Sea  street  eighty 
feet ;  northerly  on  land  formerly  of  Joseph  Woodward, 
and  others,  two  hundred  and  eighty  feet ;  westerly  on 
said  street,  laid  out  by  Hatch  and  others,  eighty  two 
feet ;  southerly  on  the  flats  hereinafter  described,  three 
hundred  feet.  One  other  lot,  opposite  to  the  last  de- 
scribed lot,  bounded  westerly  on  Sea  street  eighty-eight 
feet ;  northerly  on  land  of  Thomas  H.  Perkins,  running 
easterly  to  the  channel,  or  low  water  mark  ;  southerly 
by  the  flats  hereinafter  described.  Also,  one  undivided 
sixteenth  part  of  the  flats,  bounded  northerly  by  the 
two  last  described  parcels  of  land;  easterly  and  south- 
erly by  the  channel,  or  low  water  mark ;  and  westerly 
by  the  said  thirty  feet  street,  laid  out  by  Hatch  and 
others,  and  lying  on  both  sides  of  Sea  street.  Also, 
three  undivided  sixteenth  parts  of  the  following  describ- 
ed wharf,  and  flats,  situate  at  South  Boston,  so  called, 
viz  :  one  piece  beginning  thirty  feet  westerly  of  a  wharf, 
built  by  John  Winslow,  on  the  stone  abutment  of  the 
made  land  of  the  South  Boston  Association,  and  run- 
ning northerly  to  the  channel  in  a  Hne  parallel  with  said 
wharf;  then  easterly  with  the  channel  to  flats,  now,  or 
late,  of  Dix,  Brinley  and  Hall;  then  southerly  along  the 
line  of  said  Dix,  Brinley  and  Hall,  to  the  abutment 
aforesaid  ;  thence  westerly  along  said  abutment  to  said 
point  of  beginning.  One  other  piece  of  flats,  bounded 
southerly  on  said  abutment  one  hundred  and  ten  feet  ; 
westerly  on  said  flats  of  Dix,  Brinley  and  Hall  ;  north- 
erly by  the  channel ;  easterly  by  a  line  drawn  from  the 
channel  to  said  abutment,  parallel  to,  and  one  hundred 
and  ten  feet  distant,  from  tJie  easterly  hne  of  said  Dix, 
Brinley  and  Hall.  Also,  one  undivided  moiety  or  half 
part  of  a  certain  piece  of  land,  situate  at  the  westerly 
part  of  said  City  of  Boston,  known  as  lot  number  one, 
on  a  certain  plan  drawn  by  Charles  Bulfinch,  and  re- 
corded with  SuflTolk  deeds  ;  bounded  easterly  on  a  new 
street  leading  from  Southack  street  to  West  Boston 
bridge,  nineteen  feet ;  southerly  on  land  now,  or  late,  of 
Tuckerman,  Shaw  and  Rogers,  eighty  feet  ;  westerly 
on  land  now,  or  late,  of  Silas  Whitney,  junior,  nineteen 


300  CHARITY  OF  E.  HOPKINS. 

feet  ;  northerly  on  lot  number  tvvo,  on  said  plan,  eighty 
feet.  Also,  one  undivided  moiety  or  half  part  of  a  cer- 
tain parcel  of  land,  situate  at  South  Boston,  at  the  cor- 
ner of  G  street  and  Fourth  street,  bounded  northerly  on 
Fourth  street,  two  hundred  and  sixty-two  feet ;  easterly 
on  G  street,  two  hundred  and  sixty-six  feet ;  southerly 
and  easterly  again  on  land  now,  or  late,  of  Lincoln  ;  and 
southwesterly  on  land  now,  or  late,  of  Newman,  and 
westerly  on  land  now,  or  late,  of  Tudor,  two  hundred 
and  forty  feet  to  Fourth  street.  Provided^  That  said 
trustees  shall  not  sell  any  part  of  said  real  estate  at  pri- 
vate sale,  at  a  price  less  in  proportion,  than  that  for 
which  the  other  tenants  in  common  thereof  shall  bona 
fide  sell  their  respective  shares  thereof ;  and  that  no 
deed  of  any  part  of  said  real  estate,  shall  be  executed 
by  said  trustees,  until  they  shall  have  given  the  bonds 
required  by  law,  to  be  given  by  executors  and  adminis- 
trators on  the  sale  of  real  estate  belonging  to  their  tes- 
tators and  intestates. 


CHAP.  Lxxxyi. 

Resolve  on  petition  of  Trustees  of  the  Charity  of  Edward 

Hopkins. 

March  11,  1830. 

Whereas,  by  a  certain  Resolve  passed  on  the  four- 
teenth day  of  November,  A.  D.  1787,  it  was  provided 
and  declared,  that  the  tenants  of  the  lands  in  the  towns 
of  Hopkinton  and  Upton,  held  under  leases  from  the 
Trustees  of  the  charity  of  Edward  Hopkins,  (which 
lands,  by  an  act  passed  in  the  year  1741,  were  directed 
to  be  rated,  from  time  to  time,  for  what  they  were  worth 
above  the  rents  reserved  in  said  leases)  should  hencefor- 
ward be  taxed  in  common  with  other  inhabitants  of  the 
Commonwealth,  in  the  same  manner  as  though  said 
lands  were  held  in  fee  simple,  and  that  the  said  rents 


CHARITY  OF  £.  HOPKINS.  301 

should  be  paid  by  the  Treasurer  of  the  Commonwealth 
to  the  Treasurer  of  the  said  Trustees,  on  the  twenty  fifth 
day  of  March,  annually^;  and,  whereas,  the  said  annual 
rents,  which,  at  the  time  the  said  resolve  was  passed, 
amounted  to  the  sum  of  two  hundred  and  twenty  two 
dollars  and  twenty  two  cents,  w^ere  regularly  paid  to  the 
Treasurer  of  the  said  Trustees,  out  of  the  treasury  of 
the  Commonwealth,  according  to  the  provisions  of  the 
said  resolve,  until  the  twenty  tifth  day  of  March,  A.  D. 
1823,  when  the  said  rents,  by  the  terms  and  provisions 
of  the  said  act,  passed  in  the  year  1741,  became  trebled, 
and  the  whole  of  said  trebled  rents  have  remained  in 
arrear  and  unpaid  ever  since,  to  the  great  injury  of  the 
said  trust ;  and,  whereas,  the  said  rents  cannot  be  col- 
lected of  the  persons  now  holding  the  said  leased  lands, 
except  by  very  numerous  law  suits,  and  great  expense,  if 
at  all;  and  the  said  Trustees  have  petitioned  this  Legis- 
lature for  relief,  praying  that  the  Legislature  may  pro- 
vide some  means  by  which  the  rights  of  the  said  Trus- 
tees, and  the  obligation  of  the  said  tenants,  may  be  set- 
tled and  determined  in  some  summary  and  equitable 
manner,  unless  it  shall  be  considered  just  and  equitable 
that  the  said  rent  charge  should  be  assumed  by  the  Com- 
monwealth, and  hereafter  paid  out  of  the  public  treasu- 
ry ;  and,  whereas,  it  is  very  desirable  that  a  compromise 
and  permanent  adjustment  should  be  made,  by  which  it 
maybe  settled  and  determined  what  portion  of  said  rent, 
if  any,  shall  be  paid  out  of  the  treasury  of  the  Common- 
wealth to  said  Trustees,  and  what  portion  thereof,  if 
any,  shall  bepaid  by  the  said  tenants  or  otherwise  extin- 
guished by  them,  by  the  payment  of  a  sum  of  money, 
and  what  portion  of  said  rents,  if  any,  shall  be  relin- 
quished by  the  said  Trustees,  for  the  sake  of  a  compro- 
mise and  settlement,  if  the  same  may  be  done  with  the 
approbation  of  the  Legislature  ; — 

Therefore,  Resolved,  That  the  Hon.  Solomon  Strong  of 
Leominster,  and  the  Hon.  Nathan  Brooks  of  Concord, 
be  appointed  Commissioners,  and  that  they  be  author- 
ized and  empowered,  after  giving  due  and  reasonable 
notice  to  the  said  Trustees,  of  the  time  and  place  of 
their  meeting,  and  also  to  the  persons  holding  lands  un- 


302  CHARITY  OF  E.  HOPKINS. 

der  leases  of  the  said  Trustees,  by  causing  notifications 
of  the  same  to  be  posted  up  in  at  least  two  public  places 
in  said  Hopkinton,  and  also  in  said  Upton,  seven  days 
at  least  before  the  said  meeting — to  hear  the  said  Trus- 
tees and  the  said  tenants,  on  the  subject  of  the  said  pe- 
tition and  memorial,  and  to  ascertain  what  portion  of 
the  said  rents  now  due,  and  hereafter  to  become  due, 
if  any,  the  said  tenants  will  consent  to  pay,  or  what 
sum  of  money  they  will  agree  to  pay  said  Trustees  for 
the  extinguishment  of  their  claim  to  rent  under  said 
leases  ;  and  in  what  manner,  and  on  what  terms  and  con- 
ditions ;  and  if,  in  their  opinion  expedient,  to  obtain 
from  said  tenants,  or  any  of  them,  such  security  as  they 
may  think  adviseable  for  the  performance  of  the  agree- 
ment on  their  part ;  and  also  to  ascertain  on  what  terms 
the  said  Trustees  will  make  a  settlement  and  determina- 
tion of  their  claim  to  rents  under  said  leases,  and 
what  portion  thereof,  if  any,  they  will  consent  to  relin- 
quish ;  and  on  what  terms  and  conditions  ;  and  if,  in  their 
opinion  expedient,  to  obtain  from  said  Trustees  such 
security  as  they  may  think  adviseable  for  the  perform- 
ance of  the  agreement  on  their  part ;  and  also  to  con- 
sider and  examine  what  portion  of  said  rent,  if  any, 
the  Commonwealth  ought  in  equity  to  pay  hereafter, 
or  what  sum  of  money  as  an  equivalent  therefor, 
and  on  what  terms  and  conditions.  And  the  said 
Commissioners  are  hereby  authorized  and  empowered 
to  investigate  the  subject  of  the  said  petition  and  me- 
morial, and  to  make  a  full  report  of  their  doings  under 
this  resolve,  and  in  what  manner  the  claims  of  said 
Trustees  can  be,  or  ought  to  be,  adjusted  and  deter- 
mined, at  the  first  session  of  the  next  General  Court. 


WORCESTER  COUNTY.— DORIC  HALL.  303 


CHAP.  LXXXVH. 

Resolve  to  pay  the   County  of  Worcester  for  the  use  of 
their  House  of  Correction. 

March  II,  1830. 

Resolved,  That  there  be  allowed,  and  paid,  to  the 
Treasurer  of  the  County  of  Worcester,  from  the  Treas- 
ury of  this  Commonwealth,  for  the  use  and  occupation 
of  so  much  of  the  House  of  Correction  in  said  County, 
as  has  been  used  by  the  convicts  sentenced  to  the  same, 
in  any  County  except  the  County  of  Worcester,  by  the 
Justices  of  the  Supreme  Judicial  Court,  or  either  of 
them,  since  the  twenty-first  day  of  February,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  twenty- 
seven,  at  the  rate  of  three  hundred  dollars  per  annum; 
and  His  Excellency  the  Governor,  by  and  with  the  ad- 
vice of  Council,  is  hereby  authorized  to  draw  his  war- 
rant on  the  State  Treasury,  for  such  sum  as  may  bo 
due  to  the  County  of  Worcester,  for  the  use,  by  the 
Commonwealth,  of  their  House  of  Correction. 


CHAP.  LXXXVIII.  ,-. 

i 

Resolve  for  coloring  and  painting  the  walls  and  columns 
of  the  Doric  Hall  of  the  State  House. 

March  II,  1830. 

Resolved,  That  His  Excellency  the  Governor  be  re- 
quested and  authorized  to  cause  the  walls  and  columns 
of  the  lower  hall  of  the  State  House,  to  be  colored  and 
painted ;  and  to  draw  his  warrant  on  the  Treasurer  of 
the  Commonwealth  for  the  amount  of  the  expense,  not 
exceeding  one  hundred  and  fifty  dollars. 


304  CHAP.  INDIANS— MESSAGE. 

CHAP.  LXXXIX. 

Resolve  to  pay  Agent  to  visit  Chappequidic  Indians. 

March  11,  1830. 

Resolved,  That  there  be  allowed  and  paid  from  the 
Treasury  of  this  Commonwealth  to  Kilborn  Whitman, 
Esq.  for  his  expenses  and  services  in  visiting  the  In- 
dians at  Chappequidic  on  Martha's  Vinyard,  the  sum  of 
forty-five  dollars  and  fifty  cents,  and  the  Governor,  with 
the  advice  of  Council,  is  requested  to  draw  his  warrant 
accordingly. 


CHAP.  XC. 

To  the  Honorable  the  House  of  Representatives  : 

An  engrossed  bill,  entitled  "  An  Act  making  further 
provisions  respecting  Costs  in  certain  cases,"  was  laid 
before  me  on  the  eighth  instant,  for  my  examination  and 
approval ;  and,  upon  careful  and  deliberate  considera- 
tion, I  return  the  same  to  the  House  of  Representatives, 
where  it  originated,  with  my  objections  to  the  enact- 
ment of  the  Fourth  Section,  in  the  form  in  which  it  is 
now  presented.  The  whole  of  that  section  seems  to  me 
to  be  ambiguous,  and  of  doubtful  construction,  and  cer- 
tain of  its  provisions  somewhat  inconsistent  with,  and 
repugnant  to  each  other.  Upon  recurring  to  the  pa- 
pers accompanying  the  parchment,  it  will  appear  that 
the  original  draft  of  the  bill  was  reported  by  the  Judi- 
ciary Committee  of  the  House,  and  passed,  in  that 
branch,  to  be  engrossed,  without  amendment.  In  the 
Senate,  on  the  second  reading  of  the  bill,  the  original 
fourth  section  was  stricken  out,  and  a  substitute  adopt- 
ed ;  and  the  bill,  on  the  same  day,  was  returned  to  the 
House,  where  the  proposed  amendment  was  concurred 
in.  In  this  rapid  progress,  it  is  probable,  that  the  ob- 
jections which  I  shall  take  leave  now  more  particularly 
to  suggest,  escaped  the  notice  of  the  Legislature ;  and 


MESSAGE.  305 

I  derive  from  the  circumstance  greater  confidence  of 
being  sustained,  in  respectfully  referring  the  subject 
again  to  their  attention. 

The  fourth  section  of  the  bill  proposes  a  repeal  of  so 
much  of  an  act  passed  on  the  13th  of  October  1784, 
entitled  "An  Act  prescribing  forms  of  writs  in  civil 
cases,  and  directing  the  mode  of  proceeding  therein," 
as  requires  the  indorsement  of  original  writs  which  issue 
from  the  Supreme  Judicial  Court  and  Court  of  Common 
Pleas,  when  the  plaintiff  is  an  inhabitant  of  the  Com- 
monwealth, and  contains  a  proviso,  that,  in  such  cases, 
if  the  plaintiff,  after  the  coinmencementof  the  suit,  shall 
have  removed  from  the  Commonwealth,  the  court  in 
which  the  action  is  pending  may,  in  their  discretion, 
order  a  sufficient  new  indorser.  It  is  obvious  from  the 
construction  of  the  language  which  respects  the  repeal 
of  the  former  act,  taken  in  connexion  with  the  proviso, 
that  a  sufficient  new  indorser  is  contemplated  in  cases, 
where  no  original  indorser,  after  the  repeal,  could  be  re- 
quired.  If  this  section  passes  into  a  law,  an  inhabitant 
of  the  Commonwealth  may  thereafter  commence  his 
action  by  original  writ,  without  indorsement.  To  pro- 
vide, therefore,  that,  upon  his  subsequent  removal  from 
the  Commonwealth,  he  shall  procure  a  sufficient  new 
indorser,  when  there  was  no  previous  indorsement  of  the 
process,  is,  at  least,  an  incongruity  in  terms,  which,  if  it 
shall  create  no  necessity  for  judicial  construction,  it  were 
best  should  be  avoided  in  a  solemn  act  of  legislation. 

The  objection,  however,  is  not  confined  to  the 
phraseology  of  the  enactment.  It  may  well  be  doubted 
whether  the  remedy,  intended  to  be  given  against  the 
indorser,  is  secured  by  the  bill.  The  provision  is  in 
express  terms,  that  the  defendant,  shall,  in  all  cases, 
have  the  same  remedy  against  any  new  indorser,  and  may 
declare  against  him,  in  the  same  manner,  as  if  he  had 
been  the  original  indorser  of  the  writ.  This  is  to  be 
the  measure  of  his  liability.  He  is  to  be  as  responsible 
as  an  original  indorser  would  have  been,  had  not  the 
provision  in  the  act  of  1784  been  repealed.  Yet  the 
repeal  of  the  provisions  of  that  act  dispenses  with  the 
occasion  of  any  indorser,  and  thus  the  liability  is  de- 
40 


306  MESSAGE. 

stroyed  with  the  obhgation  of  indorsement.  The  refer- 
ence is  to  the  dead  letter  of  a  repealed  law.  The  stat- 
ute which  before  required  that  all  writs  should  be 
indorsed,  made  the  indorser  liable,  and,  when  repealed, 
the  remedy  ceases  with  the  liability.  The  indorsement 
for  which  the  present  bill  provides  is,  in  itself,  an  inde- 
pendent and  original  act,  and  the  liability  and  the  reme- 
dy upon  it  should  be  clearly  and  distinctly  determined 
by  express  and  direct  enactment. 

There  may  also  be  a  question,  whether,  by  a  regard 
to  a  grammatical  construction  of  the  expression,  "  when 
any  plaintiff  shall  have  removed,"  &c.  the  operation  of 
the  provision  would  not  be  limited  to  suits  which  have 
already  been  commenced,  and  the  prospective  effect, 
manifestly  intended  by  the  Legislature,  be  defeated. 
At  best,  the  fourth  section,  cannot,  I  humbly  conceive, 
be  considered  otherwise  than  as  uncertain  and  equivo- 
cal, and  it  may  be  made  the  undesirable  occasion  of 
much  useless  and  expensive  litigation; 

In  this  view  of  the  subject,  I  am  induced  to  submit 
the  bill  to  the  revision  of  the  Legislature,  that  the  ob- 
jections, if  well  taken,  may  be  obviated  by  a  new  enact- 
ment, or  otherwise  disposed  of.  I  beg  to  be  understood 
as  interposing  no  opinion  upon  the  principle  of  the  pro- 
vision contained  in  the  fourth  section,  but,  as  strictly 
confining  my  remarks  to  the  want  of  certainty,  distinct- 
ness and  consistency  in  the  terms  in  which  it  is  express- 
ed. The  expediency  of  the  law  is  for  the  wisdom  of 
the  Legislature  to  determine,  and  to  that,  with  entire 
deference,  it  is  respectfully  submitted. 

LEVI  LINCOLN. 

Council  Chamber,  March  11,  J  830. 

[Note.  The  above  Message  having  been  read  in  the  House  of 
Representatives  was,  together  with  the  accompanying  Bill,  referred  to 
the  Committee  on  the  Judiciary,  who  afterwards  reported,  "  that,  in 
the  opinion  of  the  Committee,  the  reasons  assigned  by  His  Excellency 
against  the  passage  of  said  Bill  are  sufficient ;" — whereupon  the  question 
being  stated^from  the  Chair — shall  the  Bill  making  further  provisions 
respecting  costs  in  certain  cases  pass,  the  Governor's  objections  to  the 
contrary  notwithstanding  ? — it  was  determined  in  the  negative,  as  fol- 
lows, viz.  Yeas  none.  Nays  one  hundred  and  seventy-one ;  so  said 
Bill  was  rejected. "] 


PAY  OF  CLERKS.— Q.  M.  GEN'S.  DEP.     307 

CHAP.  XCl. 

Resolve  providing  for  the  pay  of  Clerks. 
March  12,   1830. 

Resolved,  That  there  be  paid,  out  of  the  treasury  of 
this  Commonwealth,  to  the  Clerk  of  the  Senate,  eight 
dollars  per  day  ;  to  the  Clerk  of  the  House  of  Piepre- 
sentatives  ten  dollars  per  day  ;  and  to  the  Assistant 
Clerk  of  the  Senate  six  dollars  per  day,  for  each  and 
every  day's  attendance  they  have  been,  or  may  be  em- 
ployed in  that  capacity  during  the  present  session  of  the 
Legislature  ;  and  that  there  be  further  paid  to  the  Clerk 
of  the  Senate  and  the  Clerk  of  the  House  of  Represen- 
tatives, one  hundred  dollars  each,  for  copying  the  Jour- 
nals for  the  Library,  as  required  by  the  orders  of  the 
two  branches  of  the  Legislature ;  and  His  Excellency 
the  Governor,  with  the  advice  of  Council,  is  requested 
to  draw  his  warrant  accordingly. 


CHAP.  XCIL 

Resolve  making  an  appropriation  for  the  Quarter  Master 
GeneraVs  Department. 

March  12,  1830. 

On  the  memorial  of  William  H.  Sumner,  acting 
Quarter  Master  General ; — 

Resolved,  That  the  sum  of  five  thousand  dollars  be, 
and  hereby  is  appropriated,  to  defray  the  expenses  of 
the  Quarter  Master  General's  Department ;  and  that 
His  Excellency  the  Governor,  by  and  with  advice 
of  Council,  be  requested  to  draw  his  warrant  on  the 
Treasurer  for  the  same,   for  such  sums,  and  at  such 


308  B.  F.  VARNUM. 

times  as  the  public  service  shall  require,  in  favor  of  the 
acting  Quarter  Master  General,  for  the  faithful  applica- 
tion of  which  he  is  to  be  accountable. 


CHAP.  XCIII. 

Resolve  on  the  petition  of  Benjamin  F.  Varnum,  Guardian 
of  Lucy  Jane  Parker  Richardson. 

March  12,  1830. 

Resolved,  for  reasons  set  forth  in  said  petition,  that 
Benjamin  F.  Varnum,  of  Dracut,  in  the  county  of  Mid- 
dlesex, guardian  of  Lucy  Jane  Parker  Richardson,  a  mi- 
nor, daughter  of  John  C.  Richardson,  late  of  Methuen, 
in  the  County  of  Essex,  deceased,  be,  and  he  hereby  is 
authorized,  at  any  time  within  three  months  after  the 
passing  of  this  resolve,  to  make  and  file  in  the  probate 
office,  in  said  County  of  Essex,  his  affidavit,  setting  forth 
the  place  and  manner  in  which  he  gave  notice  of  the 
sale  of  certain  real  estate  of  said  minor,  situate  in  said 
Dracut,  and  which  the  said  Varnum  was  licensed  to  sell 
by  virtue  of  an  order  of  the  Supreme  Judicial  Court ; 
and  such  affidavit,  being  so  filed,  shall  be  evidence  of 
the  time,  place,  and  manner  in  which  such  notice  was 
given,  and  be  as  effectual  for  all  purposes,  as  if  the  same 
had  been  made  and  filed  in  said  probate  office  within 
the  time  prescribed  by  law. 


SCHOOL  RETURNS— SHIRLEY.         309 

CHAP.  XCIV. 

Resolve  respecting  School  Returns, 
March  12,  1830. 

Resolved,  That  the  Secretary  of  the  Commonwealth 
be  directed  to  cause  one  thousand  copies  of  the  abstract 
of  School  Returns  to  be  printed  ;  one  copy  thereof  for 
each  member  of  the  Legislature,  one  copy  thereof  to  be 
sent  to  the  Town  Clerk  of  the  several  towns,  and  twelve 
copies  thereof  to  the  City  Clerk  of  the  City  of  Boston. 


CHAP.  XCV. 

Resolve  in  favor  of  the  Town  of  Shirley. 

March  12,  1830. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
public  Treasury,  to  the  town  of  Shirley,  the  sum  of  three 
hundred  and  seventy-two  dollars  and  thirteen  cents,  be- 
ing the  amount  due  to  said  town,  for  the  support  of 
State  Paupers,  to  the  first  of  January  1830.  And  His 
Excellency  the  Governor  is  requested  to  draw  his  war- 
rant accordingly. 


310  RAIL  ROADS.— CHAPLAIN. 

CHAP.  XCVI. 

Resolve  respecting  Surveys  of  Routes  for  Rail  Roads. 
March  12,  1830. 

Resolved,  That  the  Senators  in  Congress  from  Mas- 
sachusetts be  requested  to  make  application  to  the 
General  Government,  to  have  a  route  surveyed  for  a 
Rail  Road  from  the  City  of  Boston  to  Lake  Champlain. 
Also,  a  route  for  a  Rail  Road  from  the  Connecticut 
River,  over  or  round  the  Hoosac  Mountain,  in  the  best 
direction,  to  Troy  upon  the  Hudson  River. 

Resolved,  That  His  Excellency  the  Governor,  be  re- 
quested to  forward  a  copy  of  the  above  Resolve. 


CHAP.  XCVII. 

Resolve  for  paying  the  Chaplain  of  the  Senate. 

March  12,  1830. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  Rev.  Ralph  W.  Em- 
erson, Chaplain  of  the  Senate,  sixty  dollars,  for  his  ser- 
vices the  present  political  year ;  and  that  His  Excel- 
lency the  Governor,  be,  and  he  hereby  is  authorized  to 
draw  his  warrant  therefor. 


JOHN  V.  LOW.  311 

CHAP.  XCVHI. 

Resolve  for  paying  John  V.  Low. 

March  12,  1830. 

Resolved,  That  there  be  allowed  and  paid  from  the 
Treasury  of  this  Commonwealth  to  John  V.  Low,  As- 
sistant Messenger  to  the  Governor  and  Council,  two 
dollars  per  day,  for  each  and  every  day  he  has  been,  or 
may  be,  employed  in  that  capacity  during  the  present 
session  of  the  Council ;  and  his  Excellency  the  Gov- 
ernor, with  the  advice  and  consent  of  Council,  is  au- 
thorized and  requested  to  draw  his  warrant  on  the 
Treasury  accordingly. 


ROLL,  No.   102. 
JANUARY  SESSION,  1830. 


The  Committee  on  Accounts  having  examined  the 
several  accounts  for  support  of  State  Paupers  presented 
to  them,  Report, 

That  there  are  due  to  the  several  Corporations  and 
persons  hereinafter  mentioned,  the  sums  set  to  their 
names  respectively,  which,  when  allowed  and  paid,  will 
be  in  full  discharge  of  said  accounts,  to  the  dates  therein 
mentioned ;  which  is  respectfully  submitted. 
By  order  of  said  Committee, 

ELIHU  HOYT,  Chairman. 


PAUPER  ACCOUNTS. 


Attleborough,  for  support  of  Thomas  Riley, 
Mary  Montgomery,  Ann  Bromely,  and  her 
four  children,  viz.  Mary,  Betsey,  Eleanor, 
and  James,  Peggy  Taylor  till  her  death,  and 
Susan  Wales,  to  January  1,  1830.  $267  54 

Andover,  for  support  of  Sukey  Hornsby,  Mar- 
tha Wright,  Elijah  Bean,  Lavinia  Bean,  Pe-        , 
ter  Sigorney  and  wife,  (coloured),  and  the   \j 
following  children,  viz.   Hannah  Highland, 
George  White,  Isabella  White,  and  James, 


/ 


/ 


PAUPER  ACCOUNTS.  313 

Maria,   Lavinia    and    Eleanor,    children  of 

Elijah  Bean,  to  Jan.  1,  1830.  283  50 

Amesbury,  for  support  of  Robert  Baker  and 

James  Richards,  to  January  2,  1830,  55  80 

Athol,  for  support  of  Fanny  Salmon  and  her 
two  children  to  October  1,  1829,  and  James 
Cline,  to  April  15,  1828,  8  60 

Ashby,  for  support  of  John  M'Roberts,  and  his 
two  children,  John  Alexander  and  Charles 
Edward,  and  funeral  charges  of  said  John 
M'Roberts,  to  January  2,  1830,  46  00 

Ashburnham,  for  support  of  Mrs.  Stineger, 
William  Stineger,  and  Hiram  Stineger,  a 
child,  to  January  19, 1830,  119  60 

Acton,  for  support  of  Thomas  Jones,  to  June 

26,  1829,  19  80 

Alford,  for  support  of  William  Golburn,  and 
the  following  children :  Justus  Glynn,  Mi- 
nerva Smith,  and   Henrietta,   (a  black),  tc^ 
January  1,  1830,  128  79 

Abington,  for  support  of  Antonio   Julio   and 

Margaret  Jack,  to  February  3,  1830,  63  00 

Adams,  for  support  of  Phila  Hill,  Jemmy  Der- 
ry  till  his  death,  Jenny  Denny,  Robert  Har- 
ris, Sarah  Goodrich,  Sarah  Dodge,  Agnes 
Morris,  Eben'r  Lilly,  Uriah  Carpenter,  till 
his  death,  Chester  Dean,  a  child,  to  January 
5,  1830,  235  19 

Brighton,  for  support  of  John  J.    Baker,   to 

January  7,  1830,  46  80 

Beverly,  for  support  of  Dolly  Claxton,  Rich- 
ard Dorain,  Catharine  Dorain,  Jacob  Wheel- 
er, Thomas  Brown,  Francis  Thomas,  John 
Miller,  James  Canfield,  Sally  Boyle,  John 
Bateste,  Henry  Mason,  Catharine  Came- 
ron, Elizabeth  M'Greve,  Bridget  Clayton, 
Mary  Dulem,  Paul  Peterson,  and  the  follow- 
ing children,  viz.  Joseph  Cameron,  Benja- 
min Cameron,  James,  Alfred  and  Charles 
H.  M'Greve,  William  H.  Dulem  ;  also  sup- 

41 


314  PAUPER  ACCOUNTS. 

plies  to  John   Kellv,  and  funeral  expenses 

of  Charles  M'Greve,  to  January  1,  1830,  346  57 

Billerica,  for  support  of  James  Dunn,  till  his 

death,  34  25 

Barre,  for  support  of  Dinah  Bocke,  James  Da- 
vis, jun.,  and  Elizabeth  Walker,  to  January 
5,  1830,  112  70 

Becket,  for  support  of  Widow   Siba  Hamblin 

and  Maria  Parker,  to  January  4,  1830,  57  60 

Belchertown,  for  support  of  Hannah  Levins, 
Joel  Liliie,  Susanna  M'Intire,  and  the  fol- 
lowing children,  viz.  Fidelia  Barden,  Arme- 
dia  Barden,  and  Lucinda  M'Kee,  to  Janua- 
ry 1,  1830,  164  08 

Brookfield,  for  support  of  Sarah  Adams,  and 

Wyman  Adams,  a  child,  to  January  1, 1830,      218  40 

Berkley,  for  support  of  Mary  Lindel,  Jacob 
Toney,  and  John  Bowers  till  his  death,  to 
January  1,  1830,  70  70 

Bridgewater,  for  support  of  John  Chesnut  and 
wife,  Joanna  F.  Bignier  till  her  death.  Amy 
Ward,  and  Samuel,  her  child,  to  January 
14,  1830,  143  70 

Boston,  for  support  of  sundry  paupers  in 
House  of  Reformation  for  Juvenile 
Offenders,  to  December  31,  1829,  441  36 
"  For  support  of  sundry  paupers  in  the 
House  of  Industry,  to  December  31, 
1829,  6,358  55 

"      For  supplies  to  sundry  paupers,  to  De- 
cember 31,  1829,  1,269  73 

Brimfield,  for  support  of  John  Sherburne, 
Thomas  Corbin,  and  James  Hunter,  to  Feb- 
ruary 2,  1830,  141  93 

Bellingham,  for  support  of  Sarah  Arculus  till 

her  death,  7  70 

Burlington,  for  support  of  John  A.  Pashoe,  and 

Venus  Roe,  to  January  28,  1830,  93  60 

Bradford,  for  support  of  Sarah  Kenny,  to  Jan- 
uary 8,  1830,  '  30  60 


PAUPER  ACCOUNTS.  315 

Braintee,  for  support  of  Titus,  a  coloured  man, 
Christopher  Joseph,  Ann  Gavvith,  and  her 
three  children,  Joseph,  Mary  Ann,  and  Ann 
Maria,  to  January  1, 1830,  218  40 

Clarksburg,  for  support  of  Naomi  Hill,  and 
her  three  children,  Diantha,  Malviiia  and 
William,  and  James  Cook,  to  January  3, 
1830.  98  40 

Concord,  to  support  of  Samuel  Piatt  and  Hen- 
ry Wiggins,  till  their  death,  15  53 

Charlton,  for  support  of  Robert  Bennet,  Cath- 
arine Green,  and  a  child  of  said  Catharine, 
to  December  31,  1829,  59  97 

Colrain,  for  support  of  Peter  R.  Hart,  Samuel 
Dean,  till  his  death,  Betsy  Hart  and  her 
three  children.  Gate  Vanvaltenburg,  Lucy 
Freeman,  and  her  two  illegitimate  children 
John  and  Lucy,  and  Stephen,  illegitimate 
child  of  Sally  Hart,  to  January  5,  1830,  241  26 

Cheshire,  for  support  of  Noel  Randall,  Polly 
Cooper,  Ephraim  Richardson,  and  Molly 
Dimon,  to  January  9,  1830,  118  80 

Charlemont,  for  support  of  Hannah  Lewis,  to 

February  4,  1829,  22  25 

Charlestown,  for  support  of,  supplies  to,  and 
funeral  expenses  of  sundry  paupers,  to  Jan- 
uary 13,  1830,  3,388  25 

County  of  Essex,  for  support  of  sundry  pau- 
pers in  the  House  of  Correction,  to  Octo- 
ber 14,  1829,  555  95 

Carver,  for  support  of  Martin  Grady,  to  Jan- 
uary 1,  1830,  46  80 

Chelmsford,  for  support  of  Joanna  M'Lane, 
Betsy  Daniels,  till  her  death,  and  John,  Ma- 
ry Ann,  and  Lucinda,  children  of  said  Betsy 
Daniels,  to  January  1,  1830,  73  70 

Canton,  for  support  of  Nancy  Steptoe,  and  her 
two  children  Betsy  and  William,  Hannah 
Buckley,  John  Dewhurst,  Huldah  Peirce, 
Jeremiah  Bancroft,  and  Mather  Gaffany  and 


S16  PAUPER  ACCOUNTS. 

James    GafFany,  children,   to   January    14, 

1830,  120,72 

Cambridge,  for  support  of  sundry  paupers,  to 

January  26,  1830,  2,962  80 

Chelsea,  for  support  of  Betsy  Jones,  Edward 

and  John  Jordan,  to  January  7,  1830,  75  08 

Conway,  for  support  of  Hannah  Hall  and  Sal- 
ly M'Murphy,  to  September  17,  1829,  24  17 

Deerfield,  for  support  of  Daniel  Ellis,  Lovina 
Witherell,  Prince  Emanuel,  Lydia  Rock, 
Thomas  Sowerby,  Mehitabel  Sowerby, 
Luke  Weems,  Ally  Weems,  Bridget  Cook, 
and  Cady  Cook,  a  child,  to  Jan.  i,  1830,         111    16 

Dalton,  for  support  of  Richard  Hoose,  Laura 
Barker,  John  Williston,  and  Charles  M'Kee, 
a  child,  to  January  3,  1830,  64  68 

Dedham,  for  support  of  an  anonymous  female, 
John  Jerome,  Robin  Clue,  James  Walker, 
Abraham  Darling,  Paul  Cane,  and  Abel 
Whitney,  to  January  1,  1830,  148  75 

Dudley,  for  support  of  Allsbury  Reynolds,  Sa- 
rah Reynolds,  Robert  Bennett,  Sarah  Wil- 
son, and  William  Sloan,  a  child,  to  January 
12,  1830,  '      102  85 

Dracut,  for  support  of  Moses  Freeman,  Mrs. 
Hadley's  child,  William  Laiton,  wife  of  Ro- 
bert Caslcys  and  six  children,  the  eldest 
aged  10  years,  and  youngest  16  months,  to 
February  10,  1830,  121   35 

Dorchester,  for  support  of  John  Graham, 
George  Rounds,  Robert  Latheon,  Timothy 
Lynch,  John  Bryan,  Nathaniel  Houston, 
Thomas  Melburn,  Phebe  Ann  Nixon,  Pat- 
rick Nolen,  Lawrence  Hackett,  John  Brown, 
and  the  following  children,  viz.  Dennis  Ho- 
gan,  James  Hogan,  Mary  Ann  Nixon,  Ham- 
ilton Nixon,  George  Nixon,  and  supplies  to 
Widow  Bergen,  to  January  1,  1830,  72  98 

Dighton,  for  support  of  Molly  Fish,  to  Febru- 
ary 1,  1830,  31  50 

Danvers,  for  support  of  Owen  Mellen,  John 


PAUPER  ACCOUNTS.  317 

Fitzgerald,  Cesar  Wilcox,  James  Wallis, 
Horace  Foley,  John  Henley,  John  Dury, 
Joel  Wesson,  Matthew  Fairservice,  Mary 
Dings,  and  her  two  children  John  and  Cath- 
arine, Maria  Clark,  John  Clark,  Alpheus 
Nichols,  to  January  27,  1830,  263  82 

Henry  Davis,  Guardian,  for  supplies  to  Dud- 
ley Indians,  to  January  1,  1830,  104  88 

Eastham,  for  support  of  Benjamin  F.Johnson, 
to  January  1,  1830,  46  80 

Easthampton,  for  support  of  Submit  Bailey, 
and  Ozias  and  Charles,  children  of  said 
Bailey,  to  January  8,  1830,  45  00 

East  Bridgevvater,  for  support  of  Lucinda  Ne- 
ro and  child,  Betsy  Chase,  Nathaniel  Law- 
rence, Elihu  Stevens,  Meribah  Williams, 
Robert  Sever,  Joseph  S.  Perry,  Charlotte 
Wood,  Asa  Mingalls,  and  John  and  Mary 
Williams,  children  of  Meribah  Williams,  to 
January  7,  1830,  301  02 

Egremont,  for  support  of  Benjamin  Dayley, 
Betsy  Dayley,  Isaac  Freeman,  Rosanna  Van 
Guilder,  Reuben  Van  Guilder,  Andrew 
M'Carron,  Peggy  M'Carron,  Sally  Francis, 
and  the  following  children,  viz.  George  Au- 
gustus Cline,  William  Race,  and  Nancy 
Race,  to  January  14,  1830,  361   60 

Essex,  for  support  of  Samuel  Coleman,  to  No- 
vember 26,  1829,  46  80 

East  Sudbury,  for  support  of  Mary  Grange,  to 

January  1,  1830,  2  70 

Fitchburg,  for  support  of  Thomas  Alexander 

Riley,  to  January  13,  1830,  38  44 

Freetown,  for  support  of  Abigail,  an  Indian,  to 

August  6,  1829,  25  33 

Foxborough,  for  support  of  Sally  Donaldson 
.  and  Caroline  G.  Howe,  to  January  1,  1830.       20  83 

Falmouth,  for  support  of  Edward  Edwards,  to 

January  19,  1830,  46  80 

Framingham,  for  support  of  Daniel  Campbell, 

and  Phebe  Blake,  a  child,  to  Jan.  9,  1830,       101  30 


318  PAUPER  ACCOUNTS. 

Fairhavcn,  for  support  of  Philip  Wing,  John 
Bisamore,  Akas  Sisson,  Sarah  Carr,  John 
Carr,  a  child,  Sarah  Demas  till  her  death, 
Delila  Wehster  till  her  death,  Petrina  Mul- 
day,  John  Quinn,  William  Wilson,  Margaret 
Wilson,  and  Catharine  Francis  till  her 
death,  to  January  1,  1830,  401   19 

Granville,  for  support  of  Mary  Barden,  Sally 
Stuart,  and  Samuel  Gallup,  to  January  20, 
1830,  92  30 

Groton,  for  support  of  Richard  Brenton,  Eu- 
nice Brenton,  and  Molly  Rolfe,  to  January 
10,  1830,  140  40 

Greenfield,  for  support  of  Oliver  Bates'  child, 
and  Caroline  Goland,  child  of  Eliza  Goland, 
to  January  1 ,  1 830,  78  00 

Grafton,  for  support  of  Joseph  Phillips,  Ste- 
phen Phillips,  a  child,  and  Francis  L.  Whit- 
taker,  a  child,  to  January  28,  1830,  98  80 

Greenwich,  for  support  of  Eliza  Underhill,  to 

September  1,  1829,  8  75 

Gloucester,  for  support  of  Elizabeth  Dowsett, 
Anna  Jowling,  Nancy  Jowling,  Mary  Jovv- 
ling,  an  infant,  Elizabeth  Dade,  Betsy  Lang, 
Leah  Francis,  Lydia  Withary,  John  Shaf- 
tol,  William  Pressy,  Samuel  Jowling,  Mark 
Grimes,  David  Paul,  Benjamin  Laroque, 
George  Gardner,  Betsy  Brooks,  Hannah 
Neal  till  her  death,  Darley  Higgins,  David 
Welsh,  Margaret  Welsh,  Hunking  Lord, 
William  M.  Bradstreet,  Michael  Delano, 
Margaret  Butler,  William  Horton,  Mary  Ann 
Horton,  and  funeral  expenses  of  twelve 
unknown  persons,  cast  away  and  drowned 
on  Cape  Ann,  belonging  to  brig  Persia,  to 
January  12,  1830,  830  78 

Great  Barrington,  for  support  of  Mary  Hoose, 
Joanna  Porter,  Lucy  Porter,  Ann  Wells, 
Edward,  son  of  said  Ann,  Amarilla,  daugh- 
ter of  said  Ann,  Peter  Smith,  Sarah  Smith, 
Mercy  Doud,  Amanda  Doud,  Hazard  Nye, 


PAUPER  ACCOUNTS.  319 

Clarissa  Nye,  Jesse  August  till  his  death, 
and  the  tollowing  children,  viz.  Abba  Doud, 
Mary  Doud,  William  Doud,  Harriet  Doud, 
Martha  Doud,  Solomon  Doud,  Leonard 
Doud,  Isaac  Nye,  George  Nye,  John  Nye, 
Lydia  Nye,  Mary  Nye,  to  January  6,  1830,  386  40 
Hardwick,  for  support  of  Charles  Collins  till 

his  death,  51  67 

Hanover,  for  support  of  Hannah  Long,  to  Jan- 
uary 4,  1 830,  27  00 

Hancock,  for  support  of  Silas  Shipman,  Sally 
Shipman,  Israel  Clark,  and  John  H.  North, 
a  child,  to  January  6,  1830,  102  40 

Hubbardston,  for  support  of  Daniel  Mundel, 

to  May  5,  1829,  15  84 

Hopkinton,  for  support  of  Susan  Parker,   to 

January  18,  1830,  42  00 

Harwich,  for  support  of  James  Robertson,  to 

January  25,  1830,  32  27 

Haverhill,  for  support  of  Elisha  F.  Currier 
alias  J.  Q.  Adams,  a  child,  Anna  Copp,  Pat- 
rick Hogan,  Dennis  Hogan,  a  child,  and 
Peggy  Carroll,  to  January  5,  1830,  95  80 

Hadley,  for  support  of  Rebecca  Allen,  and  Ja- 
cob Thompson  till  his  death,  to  January  1, 
1830,  5S  60 

Ipswich,  for  support  of  John  O'Brien,  Thomas 
Powars,  James  Hennessee,  Timothy  Emer- 
son, to  February  J,  1830,  112  50 

Kingston,  for  support  of  Sophia  Holmes,  and 

Emily  Holmes,  to  January  1,  1830,  52  73 

Lowell,  for  support  of  James  D.  Thomas,  and 
William  Redman,  Brian  Gehan,  and  sundry 
transient  persons,  to  February  1,  1830,  151  63 

Ludlow,  for  support  of  Arra  Beebe,  Thomas 
Brainard,  and  Harvey  Olds,  a  child,  to  Jan- 
uary 1,  1830,  78  5G 

Lee,  for  support  of  Sarah  Ross,  John  Marble 
and  wife,  and  Sarah  Bates,  to  January  5, 
1«30,  98  61 

Lenox,  for  support  of  Moses  M'Grau,  Edward 


320  PAUPER  ACCOUNTS. 

Hurlburt,  Samuel  Bold,  Jane  Austin,  Day- 
ton Fuller,  Samuel  Bell,  and  the  following 
children  :  Caroline  Weaver,  Lucinda  Hurl-- 
bert,  Aurilla  Hurlbert,  and  Samuel  Jackson, 
to  January  3,  1830,  229  40 

Leyden,  for  support  of  Phillis  Young,  Arnold 
Clark,  Tacy  Fuller,  Hannah  Cole,  Ruth 
Abel,  Joseph  Abel,  Jane  Golan,  a  child,  and 
Desire  Stunton  till  her  death,  to  December 
30,  1829,  270  95 

Leverctt,  for  support  of  John  Gawky,  to  Jan- 
uary 1,  1830,  46  80 

Leicester,  for  support  of  Thomas  Waters,  Ma- 
ry Davis,  and  the  following  children,  viz. 
Richard  Davis,  Mary  Davis,  2d,  Betsy  Cobb, 
Joel  Cobb,  Roland  Cobb,  Sarah  Cobb,  Har- 
riet Cobb,  and  Nancy  Maria  Cobb,  to  Jan- 
uary 1,  1830,  162  39 

Longmeadow,  for  support  of  Dorcas  Coville, 
Silas  George,  Mary  Matson  and  two  chil- 
dren, and  funeral  charges  of  Silas  George, 
to  December  29,  1829,  83  95 

Lincoln,  for  support  of  Thomas  Lunnagan  till 

his  death,  10  40 

Lanesborough,  for  support  of  Eunice  Foot, 
Lucy  H.  Gomon,  Mary  Squir,  Amos  Dodge, 
Mary  Dodge,  Amelia  Bennett,  Mary  Van 
Sickle,  and  Rufus,  Louisa  and  John  Dodge, 
children ;  also  Lucinda  F.  Dodge,  Amanda 
Lane,  John  Stanborough,  and  Harriet  Stan- 
borough,  children,  to  January  5,  1830,  313  60 

Lunenburg,  for  support  of  Sophronia  Rensel-    ^ 
laer,  (colored),  and  Jane,  her  infant  illegiti-    V 
mate  child,  to  December  25,  1829,  17  23 

Maiden,  for  support  of  John  and  Henry  Bar- 
ker, George  Elisha,  Wm.  Hardin,  Charles 
O'Neal  and  wife,  Catharine  Marshall  and 
her  three  children,  Joseph  Simony  and  wife, 
James  Caley,  Susan  Walton  and  her  three 
children,  Aaron  Fox,  and  sundry  transient 
persons,  to  February  10,  1830,  193  00 


PAUPER  ACCOUNTS.  321 

Marshfield,  for  support  of  Samuol  Holmes,  and 

John  Baker,  to  December  23,  1829,  93  60 

Mount  Washington,  for  support  of  Robert  Ba- 
ker, Henry  Tvler,  and  Vincent  Foster,  to 
January  4,  1830,  125  23 

Milbury,    for    support   of  Martin  and    Isaac 

Flood,  to  December  26,  1829,  82  00 

Montgomery,  for  support  of  Willard  Convers, 

and  Hannah  Boham,  to  January  1,  1830,  78  31 

Marblehead,  for  support  of  Mary  Card,  James 
Murphy,  Wilham  Horton,  Mary  Ann  Hor- 
ton,  Mary  Baird  and  her  child,  Ellen  Ann 
Ally  and  child,  to  January  8,  1830,  and 
Hercules  Gardner,  to  January  1,  1830,  240  96 

Monson,  for  support  of  Mary  Allen,  Flora  Sto- 
rey, Roxana  Wallis,  Hannah  Brown,  Ma- 
nila M'Intire,  and  the  following  children, 
viz.  Benjamin  Wallis,  Dickinson  Wallis,  Lu- 
cinda  M'Intire,  Darius  M'Intire,  and  Rufus 
M'Intire,  to  January  1,  1830,  202  48 

Medford,  for  support  of  William  White,  John 
Ryan,  Christopher  Brown  and  wife,  Kenrick 
Miller,  John  Durgin,  Patrick  Sullivan  and 
wife,  and  Dorothy  Lyman,  to  January  1, 
1830.  77  6S 

Medfield,  for  support  of  George  Turner,  to 

November  25,  1829,  46  80 

Milford,    for   support   of  Nathan  Trufant,  to 

February  10,  1830,  6  30 

Mendon,  for  support  of  the  following  Indians 
belonging  to  the  Natick  and  Grafton  tribes, 
viz.  Patience  Pearse,  Charles  Pearse,  Jo- 
seph Pearse,  Deborah  Brown,  Elethera 
Johns,  Patience  Johns,  a  child,  Andrew,  son 
of  Deborah  Brown,  Alpersa  Purchase,  a 
child,  to  June  1,  1829,  35  70 

Marshpee  Plantation,  for  support  of  Richard 
Holmes,  James  Pells,  Lois  Pells,  Anthony 
Henson,  Ephraim  Jerrett,  George  Jones, 
Patience  Wicker  till  her  death,  to  January 
11,  1830,  248  43 

42 


322  PAUPER  ACCOUNTS. 

Middleborough,  for  support  of  Amanda  McAl- 
lister and  her  five  children,  to  January  7, 
1830,  Elizabeth  Briggs,  Abigail  Simons,  So- 
lomon Robinson,  Anna  Robinson,  William 
Montgomery,  Jenny  Montgomery,  Sarah 
Dick,  Mahali  Dick,  Peter  Pero,  Mercy 
Dick,  Clarissa  Dick,  Harriet  Cooper,  Clar- 
ssa  Coquet,  Laban  Wheaton,  Sam'l  Thomp- 
son, Daniel  Jones,  to  January  1,  1830,  680  80 

Northborough,  for  support  of  Jacob  West,  to 

January  1,  1830,  46  80 

Norton,  for  support  of  Moses  Shute,  to  Janua- 
ry 1,  1830,  and  Nancy  Burton,  to  Novem- 
ber 1,  1829,  65  70 

Norwich,  for  support  of  Ruth  Sanford,  to  Jan- 
uary 15,  1830,  and  Rufus  Miner,  to  Febru- 
ary 1,  1830,  49  22 

North  Brookfield,  for  support  of  Esther  John- 
son, to  January  4,  1830,  29  70 

New  Marlborough,   for  support   of  Jonathan 

Hill,  to  January  7,  1830,  28  28 

Northfield,  for  support  of  Joel  M'Phem  till  his 

death,  33  42 

Nantucket,  for  support  of  Anthony  Swazy,  Ma- 
ry Andrews,  Chloe  Golden,  Phillis  Painter, 
Mathew  Smith,  Nathan  Beebe,  Sophia  Bee- 
be,  Catharine  Richardson,  Thomas  Pierce, 
to  January  1,  1830,  389  70 

New  Ashford,  for  support  of  Mary  Fuller,  and 
Patience  Miles  till  her  death,  to  January  5, 
1830,  103  10 

North  Bridgewater,  for  support  of  James  Dor- 
ren,  Deborah  Van  Ransellaer,  William  Lew- 
is, and  Rufus  Lewis,  to  January  1,  J  830,  79  95 

Newburyport,  for  support  of  Ann  Ryan,  Mary 
Butterfield,  Sally  Foster,  Mary  Bartlett,  Mo- 
ses Calef,  John  Lyons,  John  Campbell  and 
wife,  Esther  Haynes,  Ebenezer  Small,  Ma- 
ry Aiken,  Christopher  Gardner,  Hannah 
Berry,  Samuel  Saltus,  Elizabeth  Phillips, 
Sally  J.  Phillips,  John   Brown,  Alexander 


PAUPER  ACCOUNTS.  323 

Davis,  Elizabeth  Thurston,  and  the  follow- 
ing children  :  Ebenezer  Small,  two  children 
of  Adam  Lane,  James  Hogan,  child  of  E. 
Phillips ;  burial  of  Elizabeth  Phillips,  Oli- 
ver Toussaint,  Hannah  Berry,  and  Samuel 
Tilton  ;  supplies  to  John  Aiken,  his  wife 
and  three  children,  Mary  Anderson,  Thom- 
as Baker,  Aaron  Cheever  and  two  children, 
Ebfenezer  Coffin,  Hannah  Francis,  widow 
of  David  Godfrey  and  two  children,  Mary 
Haynes,  Susan  Hikok,  Rhoda  Lewis,  Betsy 
Peirce,  William  Perry  and  two  children,  Ti- 
tus Pickering,  Mary  Porter  and  two  chil- 
dren, Phillis  Small,  Zebulon  Rowe,  Ann 
Taylor,  Sarah  Marsh,  Mary  Carmon,  Sam- 
uel Tilton,  wife  and  three  children,  widow, 
of  Samuel  Tilton  and  three  children,  Archi- 
bald Sprague,  John  Walton,  wife  and  four 
children  of  Alexander  Davis,  to  January  1, 
1830,  705  69 

Northbridge,  for  support  of  Leander  Harring- 
ton, Mary  Saunders,  and  John  Currier,  to 
Octobers,  1829,  72  90 

Newbury,  for  support  of  Susanna  Stackpole 
and  two  children,  Lydia  Smith  till  her 
death,  Mary  Mathews,  David  Francis  and 
child,  Charlotte  Mingo,  Sarah  Boughton 
and  two  children,  child  of  widow  Mary  Til- 
ton, Thomas  Green,  Jacob  Wheeler,  wife 
and  three  children  of  Charles  Fields,  Sam'l 
Smith,  wife  and  three  children  of  Thomas 
Curtis,  Benjamin  Foss,  Dinah,  a  blacks- 
Nancy  Morrill,  Elizabeth  Wilcox,  James 
Hicks  and  wife,  Michael  Delano,  John 
Montgomery,  John  Murray,  Catharine  Mar- 
shall and  five  children,  Hannah  Mores,  wife 
of  Patrick  Doud,  Daniel  Conway,  Peggy 
Carrier,  wife  of  John  Quirk,  John  Doyle, 
GeorgQ  W.  Drew,  George  Mingle,  Philip 
Butler,  James  Hennesay,  Thomas  Curtis, 
William   M'Carn,    Ira    Thompson,   Moses 


524  PAUPER  ACCOUNTS. 

Cheney,  and  supplies  to  widow  Mary  Ro- 
gers and  daughter,  and  Daniel  Thomas  and 
wife,  to  January  1,  1830,  761  26 

Norfolk  County,  for  support  of  John  Jones, 
David  Dyer,  William  Ross,  Jane  Brown, 
and  Benjamin  Childs,  in  the  House  of  Cor- 
rection, to  December  26,  1829,  135  76 

Natick,  for  support  of  Dexter  Gigger,  Polly 
Jonah,  Betty  Sampson    till  iier   death,   to       * 
January  1,  1828,  123  00 

Northampton,  for  support  of  John  Delaney, 
Almira  Welsh  and  two  children,  Mrs.  Bur- 
roughs and  two  children,  James  Armstrong, 
Nancy  Johnson,  Primus  Johnson's  wife,  Pol- 
ly Jones  and  child,  James  Monroe,  William 
Nawsem,  William  Appledore,  Samuel  Dun- 
slan,  James  Kelly,  Hannah  M.  Whitney, 
James  Lyacom,  John  M'Lathlin,  William 
Lawlar,  feter  Olary,  Charles  Andrews, 
Garrett  Stark,  Joseph  Seminoe  and  wife, 
John  Quirk  and  wife,  John  Murphy,  Ann 
Cochran  and  three  children,  Lydia  Rock, 
William  Horton  and  wife,  Daniel  Downey, 
John  M'Lathlin  and  wife,  Mathias  Rock, 
David  Welsh  and  wife,  Alexander  M'Claun, 
Francis  Cochran  and  wife,  Richard  Powars, 
James  Barker  and  wife,  Peter  Johnson, 
John  Brown,  Thomas  N.  Ross,  Thomas 
Kelly,  Joseph  H.  Kelly,  Edmund  Dady,  Pat- 
rick Powers,  John  Peters  and  wife,  John 
Thompson,  John  Quinn,  Ira  Hammond, 
Thomas  Pitts'  wife,  Sarah  Peters,  an  In- 
dian, Gideon  Gilbert,  James  Franklin, 
Thomas  Culton,  Zechariah  M.  Soule,  Pat- 
rick Farley,  William  Grant,  Nancy  Chap- 
man, James  Brown,  and  the  following  chil- 
dren :  child  of  Obedience  Murphy,  Robert 
Miller,  Edward  Salisbury,  Cera  Tappan's 
two  children,  Charles  P.  Ellis,  Lucius  Lew- 
is Gransy,  and  sundry  transient  persons,  to 
January  1,  1830,  922  24 


PAUPER  ACCOUNTS.  325 

New  Bedford,  for  support  of  Samuel  Wicket, 
Catharine  Congden,  John  Nevis  till  his 
death,  Lydia  Nevis,  Phebe  Talbot,  Betsy 
Wood,  John  Cottle,  2d,  Michael  Chenang, 
Lucy  Jackson,  Lydia  Mingo,  Sarah  Wilson, 
and  the  following  children,  viz.  Mary  Am 
Simonds,  George  Blew,  Otis  Pf!terfc'.>n, 
Charles  Lee,  Elizabeth  Earl,  Charlotte 
Earl,  Lucy  Jackson,  and  Sarah  Jackson,  to 
January  28,  1830,  531  89 

Needham,  for  support  of  John  Wilkins,  Sarah 
Riley,  John  Riley,  2d,  a  child,  to  May  5, 

1829,  135  80 
Newton,   for  support   of    Ann    Green,    Joel 

French,  Charles  Carl,  E.  Lund,  Mary  Laugh- 
ton,  John  Wilson,  Joseph  Pritchard,  to  Jan- 
uary 1,  1830,  129  60 
Otis,  for  support  of  Abijah  G.  Hazard  and 
wife,  Clement  Cole,  J  ennett  Mitchell,  and 
Peter  Linason  till  his  death,  to  January  1, 

1830,  138  20 
Overseers  of  Gay  Head,  for  support  of  Heze- 

kiah  Sewall,  to  January  26,  1830,  10  80 

Paxton,  for  support  of  William  Fiske  and  Han- 
nah Jonah,  a  child,  to  January  1,  1830,  61  03 

Pelham,  for  support   of  William    Banks  and 

Harriet  Whipple,  to  December  24,  1829,  52  00 

Phillipston,  for  support  of  Abraham  Scholl,  to 

January  1,  1830,  27  52 

Peru,  for  support  of  Robert  Burgess,  to  Janu- 
ary 1,  1830,  27  00 

Pawtucket,  for  support  of  Jane  Donaldson  and 
child,  Robert  Buttervvorth  till  his  death, 
Mary  Pomroy,  Catharine  Daly  .and  child, 
Zechariah  Foster  and  child,  to  January  21, 
1830,  ■'  87  35 

Pembroke,  for  support  of  Rhoda  Prince,  Ed- 
ward Smith,  and  supplies  to  Mary  Gifford, 
to  January  25, 1830,  102  03 

Plymouth,  for  support  of  John  M.  Roap,  John 


326  PAUPER  ACCOUNTS. 

Worthing,  James  Reed,  and  Maria  Harri- 
son, to  February  3,  1830,  126  00 

Pittsfield,  for  support  of  James  Gordon,  Theo- 
dore Brown,  Cato  Buckway,  James  Erwin, 
Harmon  Brown,  Robert  Baker,  Amanda 
Thompson,  Edward  Thompson,  Charles 
Thompson,  Henry  Thompson  alias  Gard- 
ner, Jane  Lisbon,  Eliza  Castle,  Caroline 
Stanborough,  Francis  Smith.  John  Smith, 
Frances  Smith,  William  Smith,  James 
Smith,  to  January  1,  1830,  290  S3 

Richmond,  for  support  of  Samuel  Hill,  Nancy 
Jessup,  Martha  Hagar,  Susan  Darling,  and 
Amos  and  Sarah  Ann  Darling,  children,  to 
January  4,  1830,  127  45 

Russell,  for  support  of  Mary  Newton  and 
Sally  Harrington,  to  December  27,  1829, 
and  Thomas  Dill  till  his  death,  and  John 
Hale  to  December  30,  1829,  132  80 

Rochester,  for  support  of  Edward  B.  Sanford 
and  wife,  and  the  following  children  of  said 
Sanford,  viz.  Alfred,  aged  ten,  Amos,  aged 
seven,  Charles,  aged  five,  and  Edward,  aged 
two,  to  January  1,  1830,  114  00 

Rehoboth,  for  support  of  Aaron  Freeman,  Lu- 
cy Kelly,  Nancy  Greene,  Nancy  Hill  and 
child,  John  Kelly,  a  child,  Rosanna  Free- 
man, a  child,  to  December  27,  1829,  210  35 

Rowley,  for  support  of  John  Webber,  Louisa 
Price,  William  Davis,  Orna  Davis,  Luke 
Weems,  Ella  Weems,  Bridget  Cook,  Paul 
Peterson,  John  M'Carty,  James  Kerman, 
John  Brown,  John  Quirk,  Mary  Quirk,  Dan- 
iel Ferrill,  James  Hickey,  Ella  Hickey, 
Jonathan  Lancaster,  Michael  Delaney,  Ja- 
cob Wheeler,  Christopher-  Brown,  Mary 
Brown,  Toby  M'Laughlin,  Maria  M'Laugh- 
lin,  John  M'Kenny,  Mary  M'Kenny,  George 
Bayard,  Mary  Brown,  and  the  following  ' 
children,  viz.  Maria  Brown,  Margaret  Cook, 
Jane  Davis,  Catharine  Davis,  and  burial  of 
an  infant,  to  Jan.  2,  1830,  334  47 


PAUPER  ACCOUNTS.  327 

Rutland,  for  support  of  Isaac  Gregory  till  his 

death,  9  11 

Rowe,  for  support  of  Betsy  Carpenter  and 
child,  Almira,  Mary,  and  Noah  Wilcox, 
children,  to  January  3,  1830,  150  80 

Randolph,   for   support  of  John  Perkins,  to 

May  27,  1829,  3  71 

Raynham,  for  support  of  Susanna  Boon,  till 

her  death,  24  03 

Royalston,  for  support  of  widow  Alice  Cle- 
ments, to  January  13,  1830,  46  80 

Roxbury,  for  support  of  Emanuel  Swasey,  Jane 
Landers,  Peter  Chapman,  Thomas  Tine- 
ron,  and  his  wife  till  her  death,  Edward 
Shehane,  John  Guyrn,  Catharine  Guyrn 
and  two  children,  Martin  Guyrn,  John  and 
Ellen  Holland,  Sally  Brown  and  child,  Pat- 
rick Brown,  Mary  Mack,  Harriet  Gregg 
and  Eliza  Ann  her  child,  Lawrence  Hack- 
et,  Michael  M'Grah,  and  sundry  transient 
persons  ;  also  supplies  to  sundry  paupers,  to 
January  2,  1830,  670  27 

Swanzey,  for  support  of  Martha  Dousnips, 
Jude  M'Carter,  Susanna,  an  Indian,  Ro- 
zilla  and  Olive  Freeman,  and  Betsy  Love- 
joy,  to  January  2,  1830,  148  80 

Sterling,    for   support  of  James   Lavinna,  to 

June  13,  1829,  3  71 

South  Hadley,  for  support  of  Eunice  Sweat- 
land,  Truman  Hall  Sweatland,  Jane  Sweat- 
land,  Eunice  Louisa  Sweatland,  the  wife 
and  children  of  Asa  Sweatland,  to  January 
1,  1830,  86  80 

Somerset,  for  support  of  Polly  Hill,  to  Janua- 
ry 3,  1830,  Ruth  Hill  till  her  death,  Ann 
M'Given,  and  the  following  children,  viz. 
Ann  M'Given,  Ese  M'Given,  Thomas  M'Gi- 
ven, to  January  3,  1830,  175  20 

Sturbridge,  for  support  of  Anna  Stedman  till 

her  death,  39  60 


328  PAUPER  ACCOUNTS. 

Sutton  for  support  of  James  Norbury,  to  Jan- 
uary 7,  1830,  46  80 

Salisbury,  for  support  of  Benjamin  Carlton  till 
his  removal,  and  Arthur  Kirk  till  his  death, 
to  January  2,  j  830,  22  86 

Sheffield,  for  support  of  Charlotte  Turner, 
Phebc  Dunant,  Margaret  Dunant,  Dennis 
Kelly,  and  Caroline  Kelly,  to  January  8, 
1830,  91  95 

Seekonk,  for  support  of  David  Young  and  wife, 
Ehzabeth  Cowden,  Hannah  Robbins,  Su- 
sanna Matson,  and  Reuben  Frost,  to  Janua- 
ry 2,  1830,  192  60 

Salem,  for  support  of  Aaron,  a  Portuguese,  '^'^ 
Edward  Brooks,  Mary  Brown,  John  Ben- 
nett, Hannah  Brooks,  Mary  Burnside,  An- 
drew Cummings,  John  Carnes,  Sam'l  Cate, 
Deliverance  Cate,  John  Cawthron,  Widow 
Friday,  John  Fisher,  William  Gardner,  Wil- 
liam Gordon,  Mary  Hickey,  Eliza  Harris, 
Michael  Hartigan,  Flora  James,  Mathias 
Jacobson,  John  Johnson,  John  Ladson,  Wil- 
liam H.  Moody,  John  Mitchell,  Jane  Pondi- 
cherry,  Michael  O'Brien,  James  Ryan,  Phil- 
lis  Reed,  Samuel  Smith,  Mary  Smith,  Pat- 
rick Sullivan,  Paul  Thomas,  Elizabeth 
Welsh,  John  Williams,  widow  David  Smith, 
Jane  Tytler,  Edward  M'Gowan,  Joseph 
Broadbent,  Samuel  D.  M'Colley,  Aaron 
Pond,  John  Page,  Levi  Orcutt,  Elizabeth 
Dickenson,  Joanna  Reynolds,  Levi  Morrill, 
Martha  Henesey,  James  Kenney,  Barnard 
Magee,  Harriet  Lewis,  Catharine  Cox,  Mar- 
tha Curry,  Hugh  Cox,  Simon  L.  Torry, 
John  Shepard,  Cato  Montgomery,  William 
Grant,  William  White,  Elizabeth  Black,  Ma- 
ry Quirk,  Hannah  Kidder,  Miles  M'Don- 
nald,  William  O'Brien,  William  Lawlaor, 
Owen  Carroll,  George  Parry,  Mordecai  A. 
Marks,  Andrew  Baird,  James  Henesee,  Si- 
mon Lee,  Bateman  Henrick,  George  _Ack- 


PAUPER  ACCOUNTS.  329 

erman,  John  Newhall,  Ann  M.  Francis,  Eli- 
zabeth Murray,  John  Owing,  Charles  Sla- 
ter, Elizabeth  E.  Brown,  a  child,  Christopher 
Brown,  Mary  Brown,  Maria  Clark,  John 
Clark,  Thomas  N.  Ross,  Henry  Smith,  John 
Mahony,  Caroline  Brown,  Joseph  Curtis, 
Lucy  Thompson,  Stephen  Place,  Thomas 
Carlton,  Philip  Shea,  Thomas  Curtis,  Pat- 
rick M'Analty,  John  Brown,  Samuel  Craw- 
ther,  Oliver  Petigrew,  Mary  M'Kenny,  John 
Brown,  Robert  Wheeler,  Harriet  Wheeler, 
Edward  Atkins,  William  Doyle,  James 
Jackson,  William  M'Karn,  George  Ken- 
ny, David  KiefF,  Maria  Clark,  John 
Townsend,  James  Hurley,  James  Hickey, 
and  the  following  children  :  Ehzabeth  E. 
Brown,  Hannah  Brown,  George  Brooks, 
Margaret  Pondicherry,  Frances  M.  Mitch- 
ell, Augusta  R.  Mitchell,  James  Cox,  Wil- 
liam Cox,  Thomas  Cox,  Mary  Ann  Cox, 
Edward,  Eleanor  and  Phcbe  M'Donald, 
Martha  Robinson,  John  Clark,  supplies  to 
John  Abbot,  Nehemiah  Hutchinson,  Jane 
Hawkins,  and  James  Ryan,  jr.  and  funeral 
charges  for  Harriet  Lewis,  John  Bennett, 
Mordecai  A.  Marks,  William  Ford,  Eliza- 
beth Dickenson,  and  Parker  Wiggins,  to 
December  31,  1829,  1,483  02 

Southampton,  for  support  of  John  Cochrane, 
and  the  following  children,  viz.  Robert  Liv- 
ingston, Maria,  Eliza,  Susan,  and  Eunice  L. 
M'Dermott,  children  of  William  M'Dermott, 
and  Eunice  French,  to  January  1,  1830,  60  32 

Shutesbury,  for  support  of  Peter  Jackson  and 
wife,  the  wife  and  five  children  of  Zechariah 
Phinnemore,  Timothy  Vandor  till  his  death, 
to  January  9,  1830,  168  20 

Stoughton,  for  support  of  Isaac  Williams,  jr., 
Michael  Myron,  aged  fourteen,  and  Jona- 
than Pettingal  till  his  death,  to  January  8, 
1830,  70  44 

43 


330  PAUPER  ACCOUNTS. 

Sandisfield,    for  support  of  Richard  Dickson 

and  wife,   Charles  S.  Perkins  till  his  death,  ' 

Lucretia  Tilley  till  her  death,  and  Benjamin 
Whitney,  a  child,  to  December  26,  1829,  91   80 

Sharon,  for  support  of  Edward  Ellis,  and  Eli- 
zabeth Ellis,  to  January  20,  1830,  59  40 

Sandwich,  for  support  of  Patrick  Powers, 
Phillis  Wing,  and  Bethiah  Fly,  to  January 
25,  1830,  '  119  70 

Spencer,  for  support  of  Susannah  Cowland, 
and  Malansey,  Theophilus,  Eleanor,  and 
Elizabeth  Freeman^  children  of  Amy  Free- 
man, to  January  16, 1830,  169  37 

Stockbridge,  for  support  of  Abraham  Parma- 
lee,  Martha  Dowd,  Margery  Curtis,  Dinah 
Elky,  Dorcas  Webster,  Nicholas  Rich,  Lou- 
isa Ingram  and  child,  Anthony  Purdy,  Al- 
bert Williams  till  hi&  death,  to  December  1, 
1829,  168  2 t 

Suffolk  County,  for  support  of  sundry  paupers 
in  the  House  of  Correction. 
Quarter  ending  June  30,  1829,      j$f262  50 
Quarter  ending  Sept.  30, 1829,         425  58 
Quarter  ending  Dec.  31,  1829,         383  53-1,071    61 

Springfield,  for  support  of  Michael  Smith, 
Ephraim  Cady,  John  Lloyd,  Francis  and 
Mary  Cochrane,  Mary  Ann  Golen,  Char- 
lotte Frey,  Silas  George,  Barnet  Loveridge, 
Cyrus  Williams  till  his  death,  Mary  and 
Catharine  Hicks,  children,  and  sundry  tran- 
sient persons,  to  January  3,  1830,  444  69" 

Tyringham,  for  support  of  Pamelia  Philley, 
Mary  Diskill,  to  January  9,  1829,  Richard 
Gardner  and  wife,  Asa  Thompson,  Mary 
Diskill,  Pamela  Philley,  and  James  Fox,  to 
January  5,  1830,  270  12 

Taunton,  for  support  of  Sally  Volum,  Nancy 
Stella,  Deborah  Smith,  Robert  Wilson,  Jo- 
seph Lyon,  Samuel  Shoemaker,  Samuel 
Rose,  Ebenezer  Easty  till  his  death,  James 
Whawall,  Michael  Mulhaven  till  his  death, 


PAUPER  ACCOUNTS.  331 

Mary  Mulhaven,  George  Burkett,  Mary  W. 
Biirkett,  and  the  following  children,  viz. 
Mary  Ann,  Nancy,  Alice  and  Robert  Bur- 
kett, James  and  Michael  Mulhaven,  Leon- 
ard and  Mary  Stella,  to  Dec.  31,  1829,  441  47 

Tovi^nsend,  for  support  of  Samuel  B.  Jackson 
and  Harry  S.  Jackson,  children,  to  January 
6,  1830,  30  00 

Tyngsborough     for     support    of     Catharine 

M'Clenning,  to  January  1,  1830,  93  60 

Upton,  for  support  of  Mary  Briant,  to  January 

18,  1830,  32  27 

Westford,  for  support  of  Ephraim  Spaulding, 

to  January  1,  1830,  46  80 

Westhampton,  for  support  of  Gay,  a  coloured 
woman,  Silvia  Miller,  do.,  Mary  Ann  Sher- 
man, coloured  child,  Filia  Sherman,  do., 
John  Cochran  and  Owen  Martin,  to  Janua- 
ry 1,  1830,  108  62 

Washington,  for  support  of  John  Thompson  to 
January  1,  1830,  wife  of  Harvey  Edwards, 
and  Sylvester,  Solomon,  Erastus,  and  An- 
drew, children  of  Harvey  Edwards,  and  fu- 
neral expenses  of  Andrew  and  an  infant 
child  of  said  Harvey  Edwards,  to  July  22, 
1829,  '  £3  28 

West  Stockbridge,  for  support  of  James  C. 
Biggs,  Ransom  H.  Biggs,  Sally  Barton, 
Ebenezer  Wood,  Abigail  Wood,  Mary 
M'Clean  till  her  death,  Henry  W.  Rogers, 
a  child,  Mary  Snow,  Roswell  Wilson,  and 
Lucy  Lane,  to  January  1,  1830,  258  40 

Warwick,  for  support  of  Samuel  Gunn  and 
Molly  his  wife,  and  George  and  Charles, 
two  sons  of  Gunn's,  and  John  C.  Miller,  to 
January  8,  1830,  •  169  30 

Wareham,  for  support  of  Anna  Jefferson  and 

child,  to  January  4,  1830,  7  00 

Williamstown,  for  support  of  Asahel  Foot,  wife 
and  five  children,  Rachel  Galusha,  and  John 
G.  Henderson,  to  January  2,  1830,  195  20 


332  PAUPER  ACCOUNTS. 

Westfield,  for  support  of  John  N.  Berry,  Es- 
ther Berry,  Aseneth  Gibson,  Mary  Parks, 
Mary  Ann  Baker,  Hepzibah  Brewer,  and 
the  following  children  :  George  Gibson,  Eu- 
nice French,  and  George  Dewey,  to  Janu- 
ary 1,1830,  204  12 

Western,  for  support  of  Daniel  Mundel,  Jo- 
seph R.  Trim,  a  child,  and  Mary  Willard, 
to  December  30,  1 829,  96  30 

Williamsburg,  for   support  of  James  Turner 

and  his  three  children,  to  January  11,  1830,       58  06 

Ware,  for  support  of  Thomas  Dennison, 
Charles  Simpson,  George  W.  Booth,  jr.  and 
Horace  Booth,  children  of  George  W. 
Booth,  to  January  15,  1830,  146  54 

Ware,  for  support  of  Amasa  Olney  and  wife, 
(and  funeral  expenses  of  latter,)  and  John 
Olney,  Eliza  Olney,  Caroline  Olney,  and 
Henry  Olney,  children,  to  January  15, 1830,       99  95 

West  Springfield,  for  support  of  James  Fer- 
rel,  Joseph  Kelly  and  Elizabeth  Kelly,to  Feb. 
12,  1829,  Hannah  Sheroy,  Louis  Sheroy, 
Laura  Chapin,  Rodney  Benedict,  a  child, 
Luke  Wymes,  Ally  Wymes,  Bridget  Cook, 
Catharine  Cook,  a  child,  Sally  Stanton  till  / 
her  death.  Jack,  a  coloured  man,  John  Ben-  ^ 
edict  and  Joseph  Clark,  to  January  2,  1830,     144  96 

West   Bridgewater,  lor   support   of   Thomas 

Quindley  to   January  1,  1830,  27  51 

Worthington,  for  support  of  Lemuel   Carver 

and  wife,  to  January  1,  1830,  18  13 

West  Newbury,  for  support  of  Richard  Ben- 
ton, Mary  Benton,  and  their  six  children ; 
also  Mary  Martin,  wife  of  Henry  Martin, 
and  their  four  children,  to  January  1,  1830,      177  06 

Whately,  for  support  of  Jesse  Jewett,  to  Jan- 
uary 26,  1830,  50  27 

Wrentham,  for  support  of  Lucy  Marsh  and  her 
two  children,  Sarah  Wilder,  Susan  New- 
land,  Ephraim  Davenport,  cind  Lucy  Patten, 


IPAUPER  ACCOUNTS.  SS3 

Eliza  Rockwood,  and  James  Walker,  chil- 
dren, to  January  1,  1830,  76  21 

Worcester,  for  support  of  Mary  Gall  alias 
Gorr,  a  child,  Michael  Ryan,  Michael  Flem- 
ming,  George  Marsh,  and  William  Sher- 
burne, and  funeral  expenses  of  Michael  Ry- 
an, to  January  1,  1830,  144  08 

Watertown,  for  support  of  John  Green,  Ro- 
sanna  Kirker,  Henry  Boon,  John  Doyle, 
William  Rogers,  Caroline  Rogers,  Michael 
Nolen,  Susanna  Nolen,  Edward  Davis  till  his 
death,  William  Horton,  Mary  Ann  Horton, 
Dennis  Rine,  and  the  following  children, 
viz.  Nancy  Steptoe,  Martha,  Sarah,  Abigail, 
and  Margaret,  children  of  Rosanna  Kirker, 
and  funeral  expenses  of York,  to  Jan- 
uary 31,  1830,  274  52 

Wilbraham,  for  support  of  Lydia  Truden  and 
her  four  children,  Charles  Noc,  Eunice  Da- 
vis, Mary  Walker,  Alice  Dodge,  and  James 
Hammond,  to  December  30,  1829,  332  39 

Yarmouth,  for  support  of  Thomas  Peters  and 

black  Lot,  to  November  26,  1829,  \..       46  80 


AGGREGATE  OF  PAUPER  ROLL,  NO.  102. 

JANUARY  SESSION,  1830. 

Total  amount  Pauper  Accounts, ;^42,464  22 

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  the  names 
of  such  corporations  and  persons  respectively,  amount- 
ing in  the  whole  to  forty  two  thousand  four  hundred 
and  sixty  four  dollars  and  twenty  two  cents ;  the  same 
being  in  full  discharge  of  the  accounts  and  demands  to 
vrhich  they  refer. 

In  Senate,  February  16,  1830. — 

Read  twice  and  passed. 
Sent  down  for  concurrence. 

SAMUEL  LATHROP,  President. 

In  House  of  Representatiees,  February  17,  1830. 
Read  twice,  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker. 
February  17,  1830. 

Approved, 

LEVI  LINCOLN. 


<2romtnonbitalt!i  of  J^afiisatfittfijettfii* 


Treasury  Office,  January  27th,  1830. 

In  obedience  to  a  Resolve  of  the  Honourable  Legis- 
lature of  June  11th,  1829,  the  Treasurer  respectfully 
transmits  a  statement  of  sundry  claims  which  he  has 
audited  and  allowed.  In  examining  and  regulating 
these  claims,  he  has  been  guided  by  the  laws  of  the 
Commonwealth  wherever  they  would  furnish  a  rule  of 
proceeding ;  and,  in  all  other  cases,  by  his  best  skill  and 
judgment  in  applying  precedents  heretofore  established. 

The  Treasurer  is  required  by  the  aforesaid  Resolve, 
to  "  report  what  claims  have  been  presented,"  not  sup- 
ported by  vouchers,  "  with  a  full  statement  of  all  the  in- 
formation he  may  have  become  possessed  of  in  relation 
to  such  claims." 

There  remain  on  file  only  two  claims  wholly  disal- 
lowed, viz, 

Lester  Filley,  for  two  days  services  as  an  Attorney  at 
Washington,  in  the  case  of  the  Commonwealth  vs, 
Washington,  before  the  Honourable  Peter  Briggs,  ^^14, 
and  for  witnesses  ^3  13,  ...  ^17  13.  A  letter  from 
Mr.  Briggs,  dated  May  8,  1828,  requesting  Mr.  Filley's 
attendance,  is  the  only  voucher  in  this  case.  The 
Treasurer  had  requested  Mr.  Filley  to  make  a  new 
statement,  certified  by  Mr.  Briggs,  but  nothing  further 
has  been  received. 

The  other  disallowed  claim  is  an  account  of  Phelps 
&.  Ingersoll,  for  "  advertising  Resolve  respecting  broad 
rimmed  wheels."  This  was  disallowed  for  want  of  a' 
voucher ;  and,  also,  on  the  presumption  that  it  was  in- 
cluded in  tiieir  annual  account  of  publishing  the  laws. 


336  PRINTERS'  ACCOUNTS. 

A  charge  by  Austin  &  Dana,  "  for  extra  printing  one 
year,  to  May,  1829,"  was  also  disallowed,  and  deducted 
from  their  account,  leaving  the  sum  o^  $16  67,  for  pub- 
lishing the  laws. 

In  adjusting  the  accounts,  other  small  sums  have  been 
deducted  for  errors  and  overcharges,  which,  the  Trea- 
surer presumes,  were  not  intended  to  be  included  in  the 
disallowed  claims  mentioned  in  the  last  clause  of  the 
aforesaid  Resolve. 

All  which  is  respectfully  submitted. 

JOSEPH  SEVVALL,  Treasurer, 


ROLL  OF  ACCOUNTS  No.  1, 

Audited  by  the  Treasurer  of  the  Commonwealth,  and  re- 
ported  January  21th,  1 830. 

PRINTERS. 

Allen,  E,  W.  for  printing  laws  to  August  1st, 

1829,  16  67 

Allen,  Phineas,  for  pubhshing  laws  for  the  year 

1829,  16  67 

Bannister,  Ridley,  for  publishing  laws,  includ- 
ing January  Session  1829,  16  67 

Bowles,  Samuel,  for  publishing  laws  to  May 

20th,  1829,  16  6Q 

Button  &  Wentworth,  for  printing  to  January 
1st,  1830,  viz.  Secretary,                   321  24 
Adjutant  General,        97  00 
Treasurer,  67  24 485  48 

Denny,  Austin,  publishing  laws,  16  67 

Lindsay,  B.  &  Son,  pubhshing  laws  to  May, 

1829,  16  67 


MISCELLANEOUS  ACCOUNTS.  337 

Phelps  k,  Ingersoll,  publishing   laws  for  the 

year  1829,  '  16  67 

Rawson,  Alonzo,  publishing  laws  for  the  year 

1829,  16  67 

Snow,  Josiah,  publishing  laws   for   the   year 

1829,  16  67 

Thayer,  A.  W.,  publishing  laws  for  the  year 

1829,  16  67 


^652  17 
MISCELLANEOUS  ACCOUNTS. 

Adams,   William  &  G.  W.,  repairs  about  the 

State  House,  to  January  7,  1830,  24  36 

Bradlee,  Samuel  &.  Son,  hardware  for  repairs 

State  House,  to  January  7th,  1830,  28  54 

Blaney,  Henry,  repairs  about  the  State  House, 

to  January  5th,  1830,  50  93 

Ballard  and  Prince,  booking  for  Representa- 
tives Chamber,  172  12 
Burditt,   James    W.,    stationary,    to   January 
16th,  1830,  viz.  for  Secretary,              56  19 
Treasurer,               3  75 
Adjutant  Gen.       18  60 
Legislature,         116  46 
Library,                  25  29—220  29 
Commissioners    for   settling   the    Treasurer's 

accounts: — Charles  Wells,  14  00 

Robert  Rantoul,  14  00 

Thomas  J.  Goodwin,  14  00 

Felt,  David  &  Co.,  stationary  for  Treasury,  3  25 

Gore  k.  Baker,  painting  about  the  State  House,     84  91 

Goodrich,   I.   W.,  stationary   for    Secretary's 

Office,  26  75 

Holden,  Joshua,  furniture  for  Representatives' 

Chamber,  198  75 

Hindman,  C.  F.,  furniture  for  Representatives' 

Chamber,  137  78 

Loring,  Benjamin,  &  Co.,  stationary  for  Trea- 
sury, 1  50 
44 


338  SHERIFFS'  &  CORONERS'  ACCOUNTS. 

Mann,  Horace,  for  journey  to  Worcester  to 
examine  House  of  Correction  in  reference 
to  an  Asylum  for  Lunaticks,  per  order  of 
House  of  Representatives,  January,  1829,  17  00 

Snelling,  Enoch  H.,  for  glazing  in  the   State 

House,  52  88 

Wheeler,  John,  H.  for  work  done  in  and  about 
the  State  House,  including  furniture  for 
Senate  and  Representatives'  Chambers, 
&c.,  547  82 

Book  cases,  including  glazing  and 
trimmings,  with  frame  for  maps, 
&c.,  for  library,  199  04—746  86 


;$(  1,807  92 


SHERIFFS. 

Austin,  Nathaniel,  for  returning  votes, 
Bartlett,  Bailey,  for  returning  votes, 
Hayward,  Nathan,  for  returning  votes, 
Hoyt,  Epaphras,  for  returning  votes, 
Lyman,  Joseph,  for  returning  votes, 
Phelps,  John,  for  returning  votes. 


CORONERS. 

Bowen,  Nathan,  fees  of  Inquisition,  to  Decem- 
ber 19th,  1829, 

Cottle,  James,  fees  of  Inquisition  to  Decem- 
ber 28th,  1829, 

Choate,  David,  fees  of  Inquisition,  to  Decem- 
ber 25th,  1829, 

Kingsbury,  Aaron,  fees  of  Inquisition,  to  Jan- 
uary 16th,  1830, 

Russell,  Ebenezer,  fees  of  Inquisition,  to  Jan- 
uary 23d,  1830, 

Smith,  Austin,  fees  of  Inquisition,  to  January 
5th,  1830, 


3 

20 

8 

40 

12 

80 

8 

00 

8 

00 

18 

00 

^58  40 

11  40 

11  90 
7  40 
7  40 

■    7  40 

12  40 


CORONERS'  ACCOUNTS.      339 

Stowers,  Joseph,  fees  of  Inquisition,  to  Janu- 
ary 21st,  1830,  12  40 

Snow,  Prince,  fees  of  Inquisition,  to  January 
21st,  1830,  138  60 

Tyler,  Samuel,  fees  of  Inquisition,  to  Decem- 
ber 30th,  1829,  11  70 

Wade,  William  F.,  fees  of  Inquisition,  to  Jan- 
uary 12th,  1830,  7  40 

;§f228  00 


AGGREGATE  OF  ROLL  No.  L 

JANUARY,  1830. 

Printers'  Accounts,  652  17 

Miscellaneous  Accounts,  1,807  92 

Sheriffs'  Accounts,  58  40 

Coroners'  Accounts,  228  00 


^2,746  49 


Resolved,  That  there  be  allowed  and  paid,  out  of  the 
public  treasury,  to  the  several  persons  named  in  tha 
foregoing  Roll,  the  sums  set  against  their  names  respec- 
tively, amounting  in  the  whole  to  the  sum  of  two  thou- 
sand seven  hundred  forty  six  dollars  and  forty  nine 
cents ;  the  same  being  in  full  discharge  of  all  the  ac- 
counts and  demands  to  which  they  refer. 

In  Senate,  February  1 6,  1 830. — 

Read  twice  and  passed. 
Sent  down  for  concurrence. 

SAMUEL  LATHROP,  President. 

In  House  of  Representatives,  February  17,  1830. 
Read  twice,  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker. 
February  17,  1830. 

Approved, 

LEVI  LINCOLN. 


ROLL,  No.  102 .ADDITIONAL. 


The  Committee  on  Accounts  having  examined  the 
several  accounts  presented  to  them,  Report, 

That  there  are  due  to  the  several  Corporations  and 
persons  hereinafter  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  mentioned  ;  which  is  respectfully  submitted. 
By  order  of  said  Committee, 

ELIHU  HOYT,  Chairman. 


PAUPER  ACCOUNTS. 


Boxford,  for  support  of  Mehitable  Hall  till  her 

death,  37  40 

Duxbury,  for  support  of  Lydia  Dace,  to  Feb- 
ruary 15,  1830,  50  40 

Edgartown,  for  support  of  Thomas  Wallace, 
during  his  sickness  with  small  pox,  and  fu- 
neral expenses,  8  34 

Holliston,  for  support  of  Henry  Burley,  to  Feb- 
ruary 13,  1830,  34  59 

Lynn,  for  support  of  John  Battise,  James  Ca- 
meron, Hannah  Foss,  Lemuel  G.  Smith,  a 
child,  John  Ryan,  Mrs.  Rebecca  Ross  and 


342  MISCELLANEOUS  ACCOUNTS. 

her  three  children,  viz.  William,  Walter  and 
Rebecca,  Thomas  Curtis,  Patrick  M'iVnul- 
ty,  James  Procter,  to  February  2,  1830,  157  60 

Middleborough,  for  support  of  Laban  Whea- 

ton,  to  March  26,  1829,  10  80 

Milton,  for  support  of  James  Bowman,  Archi- 
bald M'Donald,  John  J.  Meyers,  George 
Hamilton,  a  child,  Mary  A.  Wright,  do.,  to 
February  15, 1830,  121  50 

Wenham,  for  support  of  Pompey  Porter,  and 

Sarah  English,  to  January  1,  1830,  74  25 

Sheffield  Weaver,  Guardian  Troy  Indians,  for 
supplies  to  said  Indians,  and  his  own  ser- 
vices, to  January  1,  1830,  77  72 

Total  Pauper  Accounts,  ^572  60 


MISCELLANEOUS. 

Massachusetts  Agricultural  Society,  for  a- 
mount  paid  for  cultivation  at  Cambridge,  of 
foreign  seeds,  plants,  and  shrubs,  under  a 
commjttee  of  the  Board  of  Trustees  of  said 
Society,  viz. 


John  Green, 

wages. 

91  32 

Thomas  Banks, 

u 

47  23 

Barnard  Boyle, 

11 

57  81 

Wm.  Carter, 

li 

400  00— 

To  January  1,  1830, 

596  36 

Daniel  Fellows,  Guardian  of  Chappequiddick 
and  Christiantown  Indians,  for  services  in 
recording,  &c.,  division  deeds  of  lands  be- 
longing to  said  Indians,  to  December  22, 
1829,  7  10 


Total  Miscellaneous  Accounts,  ;^603  46 


MILITARY  ACCOUNTS.  343 


MILITARY  ACCOUNTS. 


Aids  de  Camp  to  Major  Generals. 

Aaron  D.  Capen,  to  Dec.  31,  1829, 
Nathan  Brown,  to  December  31,  1829, 
Samuel  H.  Mann,  to  December  31,  1829, 
Edward  Dickinson,  to  June  1,  1829, 
Wm.  A.  F.  Sproat,  to  December  31,  1829, 
Aaron  Brooks,  jr.,  to  December  31,  1829, 
Franklin  Weston,  to  December  31,  1829, 


Brigade  Majors. 

Bradford  S.  Wales,  to  December  31,  1829, 
Frederick  W.  Lincoln,  to  December  31,  1829, 
Jabez  W.  Barton,  to  December  31,  1829, 
Moses  P.  Parish,  to  December  31,  1829, 
Joseph  Butterfield,  to  April  29,  1829, 
Thomas  Sheldon,  to  April  22,  1828, 
Joseph  Root,  to  December  31,  1829, 
Alanson  Clark,  to  December  31,  1829, 
Elisha  Tucker,  to  December  31,  1829, 
George  B.  Atwood,  December  31,  1829, 
Amory  H.  Bowman,  to  December  31,  1829, 
Otis  Adams,  to  December  31,  1829, 
Parker  S.  Hall,  to  December  31,  1829, 
George  N.  Briggs,  to  April  16,  1829, 
William  C.  Plunkett,  to  December  31,  1829, 


18 

75 

25 

00 

22 

63 

10 

42 

25 

00 

25 

00 

25 

00 

;^151  80 


40 

00 

40 

00 

40 

00 

26 

66 

35 

56 

12 

45 

52 

00 

40 

00 

40 

00 

40 

00 

80 

00 

40 

00 

40 

00 

11 

67 

28 

33 

g566  67 


Adjutants. 

Francis  Holden,  to  May  9,  1829,  8  95 

Ebenezer  W.  Stone,  to  December  31,  1829,  12  50 

Ezra  W.  Sampson,  to  April  24,  1829,  7  91 

Appleton  Howe,  to  December  31,  1829,  17  09 

Francis  D.  Holbrook,  to  December  31,  1829,  25  00 


344  ^  MILITARY  ACCOUNTS. 

Stephen  Hall,  to  December  31,  1829,  15  00 

Josiah  N.  Bird,  to  December  31,  1829,  25  00 

Stephen  Sanford,  to  December  31,  1829,  25  00 

Nathaniel  Bird,  to  December  31,  1829,  18  12 

James  L.  Hewitt,  to  December  31,  1829,  37  50 

Enoch  Train,  to  December  31,  1829,  25  00 

William  Chamberlain,  to  December  31,  1829,  15  00 

Daniel  W.  Rogers,  to  December  31,  1829,  25  00 

William  Dodge,  4th,  to  December  31,  1829,  33  33 

Andrew  Mansfield,  jr.  to  December  31,  1829,  25  00 

Ebenezer  Sutton,  to  December  31,  1829,  25  00 

Oliver  Whipple,  to  December  31,  1829,  15  00 

Joseph  P.  Turner,  to  December  31,  1829,  15  00 

Stephen  Adams,  jr.,  to  December  31,  1829,  25  00 

David  Giddings,  to  December  31,  1829,  25  00 

William  Brown,  to  December  31,  1829,  25  00 

Reuben  Evans,  to  December  31,  1829,  25  00 

John  Davis,  to  December  31,  1829,  25  00 

Joseph  Hooper,  jr.,  to  December  31,  1829,  15  00 

Charles  P.  Bailey,  to  December  31,  1829,  50  00 

William  Elanders,  to  December  31,  1829,  15  00 

Ephraim  Buttrick,  to  December  31,  1829,  50  00 

William  Tidd,  to  December  31,  1829,  25  00 

Homer  Tilton,  to  December  31,  1829,  25  00 

Guy  C.  Haynes,  to  December  31,  1829,  25  00 

Josiah  Clark,  to  December  31,  1829,  25  00 

Charles  Howard,  to  August  4,  1829,  14  86 

Henry  J.  Baxter,  to  December  31,  1829,  10  14 

Samuel  Reynolds,  to  December  31,  1829,  25  00 

John  B.  Eldridge,  to  January  1,  1829,  8  33 

Alvan  Fowler,  to  December  31,  1829,  24  16 

James  B.  Porter,  to  December  31,  1829,  25  00 

WilHam  H.  Squire,  to  December  31,  1829,  20  83 

Chauncey  R.  Baldwin,  to  December  31,  1829,  18  75 

Joseph  B.  Sheffield,  to  December  31,  1829,  16  74 

Jonathan  H.  Butler,  to  September  28,  1829,  8  74 

John  J.  Graves,  to  December  31,  1829,  25  00 

Horatio  N.  Ward,  to  December  31,  1829,  25  00 

Lucius  Graham,  to  December  31,  1829,  25  00 

Joseph  Tyler,  to  December  31,  1829,  25  00 

Henry  Hoyt,  to  September  18,  1829,  7  64 


MILITARY  ACCOUNTS.     ^  345 

Horace  Collamore,  to  December  31,  1829, 
Spencer  Gloyd,  to  December  31,  1829, 
Arad  Thompson,  to  December  31,  1829, 
Samuel  N.  Dyer,  to  December  31,  1829, 
Jonathan  Wheaton,  jr.,  to  June  1,  1829, 
Henry  Luther,  to  December  31,  1829, 
Asa  Wood,  to  December  31,  1829, 
George  Danford,  to  December  31,  1829, 
Willard  Blackington,  to  October  1,  1829, 
Philip  P.  Hathaway,  to  October  9,  1829, 
John  T.  Lawton,  to  December  31,  1829, 
Joseph  Hamblin,  to  July  23,  1829, 
Obed  Brooks,  jr.,  to  December  31,  1829, 
Cornelius  Hamblin,  to  December  31,  1829, 
Samuel  Shiverick,  to  December  31,  1829, 
Ebenezer  A.  Howard,  to  December  31,  1829. 
Dan  Hill,  to  December  31,  1829, 
Henry  H.  Penniman,  to  December  31,  1829, 
Holmes  Ammidown,  to  December  31,  1829, 
Ebenezer  Cad  well,  to  December  31,  1829, 
Phineas  T.  Bartlett,  to  December  31,  1829, 
Isaac  Bartlett,  to  December  31,  1829, 
John  G.  Thurston,  to  December  31,  1829,  • 
Oliver  Harrington,  to  December  31,  182^?, 
Josiah  White,  to  August  31,  1829, 
Carter  Gates,  to  July  31,  1829, 
Luke  Lincoln,  to  August  31,  1829, 
George  C.  Richardson,  to  December  31,  1829 
Edmund  H.  Nichols,  to  December  31,  1829, 
Edmund  Bush,  to  December  31,  1829, 
Edward  Bradley,  to  December  31,  1829, 
Timothy  Jones,  to  December  31,  1829, 
Edwin  Bosworth,  to  December  31,  1829, 
Rodney  Hill,  to  December  31,  1829, 
Socrates  Squier,  to  December  31,  1829, 
Franklin  Root,  to  December  31,  1829, 
Ambrose  Nicholson,  to  December  31,  1829, 
George  W.  Campbell,  to  December  31,  1829, 
Hiram  Humphrey,  to  July  1,  1828, 

^1,972  42 
45 


25 

00 

25 

00 

25 

00 

15 

00 

10  42 

14  37 

25 

00 

25 

00 

18 

75 

44  37 

5 

63 

39 

09 

10 

90 

50  00 

15 

00 

U  58 

25 

00 

50 

00 

25  00 

25  00 

37 

50 

15  00 

50 

00 

32  29 

29 

52 

14  50 

2 

08 

?,  25 

00 

15 

00 

25 

00 

43 

75 

39 

58 

13 

08 

8 

92 

25 

00 

50 

00 

25 

00 

15 

00 

12 

50 

346 


MILITARY  ACCOUNTS. 


Hauling  Artillery. 

Joseph  B.  Fowler,  1829, 

Thomas  M.  Field,  " 

Nathaniel  T.  Shaw,         1828, 

James  Hawes,  1829, 

Jabez  Morse, 

Abijah  Pond,  jr., 

"William  Cunningham, 

George  W.  Saunders, 

Charles  Hersey, 

William  Austin, 

John  K.  Skinner, 

Thomas  Flint, 

Henry  Haskell, 

William  Haskell, 

Timothy  Brown, 

Enoch  Peirce, 

Zebedee  Morrill,  1828-9, 

John  Buttrick,  1829, 

Joseph  W.  Goddard, 

Charles  Trowbridge, 

Philip  Russell, 

John  Boynton, 

Asa  Spaulding, 

Henry  Dwight, 

George  Washburn, 

Horace  Noble,  jr., 

David  P.  King, 

Jonathan  P.  Strong, 

Thomas  W.  White, 

David  R.  Whiting, 

William  Morse, 

Simeon  Blanden, 

David  Silvester, 

Joshua  Winslow,  1828-9, 

Peter  Corbett,  1829, 

Moses  Plympton,  " 

Seneca  Colburn,  " 

Georg6  W.  Houghton,       " 


16  00 
7  25 

7  50 
20  00 
18  00 

17  00 
10  00 
20  00 
20  00 
QQ   00 

6  00 
10  00 

8  00 
10  00 
10  00 
30  00 
29  00 
20  00 

15  00 
20  00 

16  00 

10  00 

18  00 

7  50 

15  00 

11  25 
23  00 

5  00 

13  50 

12  00 

9  00 
10  00 

9  00 
12  90 

16  00 

14  61 

15  00 
15  00 


MILITARY  ACCOUNTS.  347 


John  Holland,                   1828-9, 

21  25 

George  Turner,                1829, 

5  60 

Abraham  Tobey,  jr.,           " 

9  00 

Joseph  Adams,                  1828, 

5  60 

Barber  C.  Sheldon,          1829, 

9  60 

John  Dowley,                     1828, 

8  00 

Homer  Tyrrell,                1829, 

7  60 

;^628  76 

Courts  Martial. 

Court  Martial  held  at  Greenfield,  March  30 

',  1829. 

President,     Col.  Milton  Brewster, 

24  60 

Members,      Maj.  John  Powers, 

16  40 

Capt.  David  Wells, 

12  60 

Capt.  Joseph  Smith, 

14  40 

Marshal,       Maj.  Alanson  Clark, 

12  20 

Judge  Adv.  Maj.  Daniel  Wells, 

4  10 

Witnesses,     Edmund  Longley,  jr., 

2  10 

Tyler  Curtis, 

6  00 

WilHam  Sanford, 

2  10 

Noah  Joy, 

2  34 

Thomas  Longley, 

2  10 

Joshua  Longley, 

2  10 

Calvin  Read, 

5  20 

Lucius  Graham, 

6  36 

John  Vincent, 

5  84 

Gushing  Shaw, 

6  90 

Seth  S.  Wilhams, 

6  84 

Gains  Harmon, 

2  10 

Harvey  Baker, 

6  00 

Edward  Crowell, 

6  00 

Alpheus  Hawkes, 

6  00 

Benjamin  Sears, 

3  42 

Calvin  B.  Stannard, 

V      3  50 

Freeman  Atkins, 

3  50 

Ashbel  W.  Carter, 

3  50 

Quartus  Taylor, 

3  50 

Albert  F.  Dickinson, 

3  60 

348  MILITARY  ACCOUNTS. 


John  Hall, 

3  50 

Nehemiah  Hathaway, 

1  94 

-   Abel  Williams, 

7  70 

Service  of  Subpoenas,  Seth  Church, 

3  90 

William  Henry, 

5  67 

Joseph  Tyler, 

4  50 

William  Bliss,  Judge  Advocate, 

24  00 

Stationary, 

2  624 

^225  034 

William  Pool,  Maj.,  for  two  days  attendance  at 
General  Court  Martial  at  Salem,  ordered  by 
.  Commander  in  Chief,  and  order  counter- 
manded, but  not  received  by  said  Pool,  and 
travel,  6  50 

Division  Court  Martial  at  Springfield,  Dec.  29,  1829. 


President, 

Col.  Galen  Ames, 

6  00 

Members, 

Lt.  Col.  Cyrus  Kingman, 

7  00 

Maj.  Plin  Allen, 
Capt.  Alonzo  Cutler, 

6  70 
6  40 

Marshal, 

Capt.  Linus  Bagg, 

Lt.  Col.  David  H.  Mervin, 

4  40 

5  00 

Capt.  Solomon  Warriner,  jr.. 

2  00 

Judge  Adv. 

William  Bliss, 

8  00 

Orderly  Serg^ 
Witnesses, 

For  Stationary, 
^.Horace  Palmer, 
Col.  David  Wood, 

75 
3  60 
1  00 

Adj.  Samuel  Raynolds, 
Lt.  Walter  Pease, 

50 
1  30 

Ensign  Dan  Hubbard, 

1  30 

Harmon  Booth, 

1  30 

Nason  Fifield, 

1  30 

Ezekiel  Fuller,  jr. 

1  30 

Service  of  Su^ 

hpoena,  Maj.  William  H.  Foster, 

2  40 

60  25 

Total,  Courts  Martial,  #291  78 


572  60 

603  46 

566  67 

151  80 

1,972  42 

628  76 

291  78 

AGGREGATE  OF  ADDITIONAL  ROLL,  No.  102. 

JANUARY  SESSION,  1830. 

Pauper  Accounts, 
Miscellaneous, 
Brigade  Majors, 
Aids  de  Camp, 
Adjutants, 
Hauling  Artillery, 
Courts  Martial 

Total,  ;^4,787  49 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
public  treasury,  to  the  several  persons  and  corporations 
mentioned  in  this  Roll,  the  sums  set  against  their  names 
respectively,  amounting  in  the  whole  to  four  thousand 
seven  hundred  and  eighty  seven  dollars  and  forty  nine 
cents,  the  same  being  in  full  discharge  of  all  the  ac- 
counts and  demands  to  which  they  refer. 

In  Senate f  March  1,  1830. — Read  twice  and  passed. 
Sent  down  for  concurrence. 

SAMUEL  LATHROP,  President. 

In  House  of  Representatives,  March  3,  1 830. 

Read  twice,  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker. 
March  4,  1830. 

Approved, 

LEVI  LINCOLN. 


iSromtnonUiealtfi  of  jHai^f^atliui^etti^. 


Treasury  Office,  March  5th,  1830. 

The  Treasurer,  having  examined  and  adjusted  the 
accounts  presented  to  him,  asks  leave  to  Report — That 
there  is  due  to  the  several  persons  enumerated  in  the 
following  Roll,  the  sums  set  against  their  names  respec- 
tively, which,  when  allowed  and  paid,  will  be  in  full  dis- 
charge of  said  accounts  to  the  dates  therein  mentioned. 

Which  is  respectfully  submitted. 

JOSEPH  SEWALL,  Treasurer, 

To  the  Honorable  Senate, 

and  House  of  Representatives. 


ROLL  OF  ACCOUNTS  No.  2, 

Audited  by  the  Treasurer  of  the  Commonwealth,  and  re- 
ported March  5th,  1 830. 

PRINTERS. 

Adams  &  Hudson,  newspapers,  to  February 

27,  1830,  189  88 

Ballard  &  Co.,  publishing  laws  two  years,  to 
June,  1829,  and  advertising,  54  21 

and  for  newspapers,   to  February 

27,  1830,  113  99—168  20 
Bush,  Samuel  W.,  publishing  laws  for  1829,  16  66 
Buckingham,  Joseph  T.,  newspapers,  to  Feb- 
ruary 27,  1830,                                                    153  91 

Boothby,  William,  jr.,  newspapers,  to  Februa- 
ry 27,  1830,  81  45 

Badger  &  Porter,  newspapers,  to  February  28, 

1830,  ^  190  73 

Bazin,  George  W.,  newspapers,  to  February 

28,  1830,  14  70 
Chapin,  Jacob,  publishing  laws,  1829,  16  66 
Congdon,  Benjamin  T.,  for  publishing  laws, 

1829,  16  66 

Clapp,  William  W^,   newspapers,  to  February 

27th,  1830,  62  82 

Collier,   William,    newspapers,    to    February 

25th,  1830,  70  70 

Danforth  k,  Thurber,  publishing  laws,  1829,  16  67 

Dutton  k,  Wentworth,  printing  for 

Legislature,  894  85 

Secretary,  64  75 

Treasurer,  8  10—967  70 


352  PRINTERS'  ACCOUNTS. 

Foote  &  Brown,  publishing  laws,   1828  and 

1829, 
Farmer  &  Brown,  publishing  laws,  1829, 
Goodell  &  Crandell,  newspapers,  to  February 

24th,  1830, 
Hill,  Frederic   S.,   newspapers,  to   February 

26th,  1830, 
Huntington,  Joseph  D.,  publishing  laws,  1829, 
Harrington,    Jubal,    agent    for    "  Worcester 

County   Republican,"   publishing  laws  for 

1829, 
Howe,  J.  F.  &  Co.,  newspapers,  to  February 

28th,  1830, 
Hale,  Nathan,  newspapers,  to  February  27th, 

1830,  and  advertising, 
Ives,  S.  W.   &  S.   B.,    publishing    laws   two 

years,  to  May  1829, 
Ingraham,  Francis,  newspapers,  to  February 

27th,  1830, 
Kingman,  E.,  newspapers,  to  February  27th, 

1830, 
Lummus,  Aaron,  newspapers,  to  March  3d, 

1830, 
Mann,  H.  &  W.  H.,  publishing  laws  for  1829, 
Nichols,    William,  newspapers,    to  February 

28th,  1830, 
Pickering,  Henry  J.,  newspapers,  to  March 

1st,  1830, 
Russell,    John  B.,    newspapers,  to  February 

27th,  1830, 
Reed,  David,  newspapers,  to  February  28th, 

1830, 
Sumner,  F.  A.,  newspapers,  to  February  26th, 

1830, 

True  &  Green,  1000  Election  Sermons,  second 
edition,  40  00 

newspapers,   to     February    28th, 

1830,  79  45 

500  copies  Militia  Laws,  ordered 

in  March,  1829,  155  00—274  45 


3S  32 

16  66 

15  16 

42  46 

16  67 

16  67 

98  98 

95  66 

33  33 

32  30 

83  04 

7  56 

16  67 

23  11 

63  24 

90  58 

29  53 

40  39 

MISCELLANEOUS  ACCOUNTS.  353 

Wilson,  Samuel,  publishing  laws,  and  advertis- 
ing notice  relative  to  the  Belchertown  Bank,     18  66 

Willis  k  Rand,  newspapers,  to  February  24th, 

1830,  27  70 


P,042  88 
MISCELLANEOUS  ACCOUNTS. 

Boston,  City  of,  repairs  of  buildings  on  Rains- 
ford's  Island,  to  February,  1830,  200  22 

Burditt,  James  W.,  stationary,  for 

Secretary's  Office,  30  56 

Legislature,  163  75—194  31 

Blaney,  Henry,  for   repairs,   State  House,  to 

March  1,  1830,  10  82 

Bacon,  Henry,  assistant  Messinger,  services  to 

March  6,  1830,  112  00 

Cutting,  Elijah  W.,  assistant  Messinger,  servi- 
ces to  March  6,  1830,  108  00 
and   for   his  son  as  Page  to  the 

Senate,  52  00—160  00 

Chase,  Warren,  assistant  Messinger,  services 

to  March  6,  1830,  112  00 

Fellows,  Daniel,  jr.,  balance  on  his  account  of 
monies  received  and  expended  in  building 
Indian  meeting  house  at  Christiantown,  7  87 

Filley,  Lester,  for  his  services  in  the  case  of 
the  Commonwealth  vs.  Washington,  includ- 
ing $3  13  for  witnesses  and  Constable,  17  13 

Kuhn,  Jacob,  jr.,  assistant  Messinger,  services 

to  March  6,  1830,  108  00 

Loring,  James,  for  Registers,  10  84 

Oliver,  John,  Keeper  of  Rainsford  Island,  for 

annual  allowance,  including  wood,  104  44 

Pitts,  Sarah,  for  the   services  of  her  son  as 

Page  to  the  Hon.  House,  to  March  6, 1830,       52  00 

Wheeler,  John  H.,  table,  book  cases  and  re- 
pairs, to  March  1,  1830,  410  61 

;^1,500  24' 
46 


354  SHERIFFS'  &  CORONERS'  ACCOUNTS. 


SHERIFFS. 

Crane,  Elijah,  for  returning  votes,  17  50 

Leonard,  Horatio,  for  returning  votes,  3  20 

Willard,  Calvin,  for  returning  votes,  3  36 


$24,  06 


CORONERS. 

Fox,  Oliver,  fees  of  inquisition,  &c., 
Hewins,  Elijah,  fees  of  inquisition, 
Rhodes,  William,  fees  of  inquisition, 
Snow,  Prince,  jr.,  fees  of  inquisition,  &c., 
Woodward,  James,  fees  of  inquisition,  &c., 
Withington,  Ebenezer,  fees  of  inquisition,  &c.j 


8  96 

7 

40 

12 

40 

19 

80 

7 

40 

7 

40 

$63  36 


AGGREGATE  OF  ROLL  No.  2. 


Printers', 

Miscellaneous  Accounts, 
Sheriffs', 
Coroners', 


3,042 

88 

1,500 

24 

24 

06 

63  36 

P,630  54 


(Utommon'mtnUi)  of  M^^^^tf^nmttu. 


In  the  Year  of  our  Lord  One  Thousand  Eight  Hundred 

and  Thirty. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
public  treasury,  to  the  several  persons  mentioned  in  the 
foregoing  Roll,  the  sums  set  against  such  persons  names 
respectively,  amounting  in  the  whole  to  the  sum  of  four 
thousand  six  hundred  and  thirty  dollars  and  fifty  four 
cents ;  the  same  being  in  full  discharge  of  the  accounts 
and  demands  to  which  they  refer. 

In  Senate,  March  8,  1 830.— 

Read  twice  and  passed. 
Sent  down  for  concurrence. 

SAMUEL  LATHROP,  President. 

In  House  of  Representatives,  March  1 0,  1 830. 

Read  twice,  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker. 
March  11,  1830. 

Approved, 

LEVI  LINCOLN. 


eommonUjealtii  of  iWasifiiacDttfisett^. 


SECRETARY'S  OFFICE,  MAY  17,  1830. 
I  HEREBY  CERTIFY,  that  I  havG  Compared  the  impres- 
sion of  the  Resolves  contained  in  this  Pamphlet,  with 
the  original  Resolves,  as  passed  by  the  Legislature,  at 
their  Session  commencing  in  January  last,  and  find  the 
same  td  be  correctly  printed. 

EDWARD  D.  BANGS, 

Secretary  of  the  CommonweaMu 


INDEX 

TO  THE  RESOLVES 

OF    THE 

SESSION  IN  JANUARY,  FEBRUARY  AND  MARCH,  1830. 


A. 

Accounts  against  the  Commonwealth,  further  rules  respecting 

auditing  of,      ......         .         245 

"       Roll  of,  audited  by  Committee  of  Accounts,  No.  102,       312 
"       Roll  of,  audited  by  Committee  of  Accounts,  additional 

to  No.  102, 341 

"       Roll  of,  audited  by  Treasurer,  No.  1,        .         .         .         336 
"       Roll  of,  audited  by  Treasurer,  No.  2,       .         .         .         351 
Adams,  Nathan,  administrator,  empowered  to  sell  certain  real 

estate, 279 

Adjutant  General,  authorized  to  convey  certain  land  in  Green- 
field,   280 

Adjutant  General,  directed  to  inquire  respecting  certain  militia 

fines, 286 

Agricultural  Society,  Massachusetts,  certain  provisions  in  favor 

of,  rescinded,     ........         295 

Asylum  for  Deaf  and  Dumb,  provisions  for  supporting  pupils  at,  248-253 
Asylum  for  the  Blind,  appropriation  in  aid  of,  ...         295 

Atwood,  William  T.,  to  be  supported  at  Asylum  for  Deaf  and 

Dumb, 253 

B. 

Balfour,  Walter,  former  marriages  by,  made  valid,  .         .        273 


ii  INDEX. 

Bank,  Sutton,  affairs  of,  to  be  investigated  by  Committee,  244 
"      Farmers',  affairs  of,  to  be  investigated  by  Committee,   .  244 
"      Brighton,  affairs  of,  to  be  investigated  by  Committee,  .  252 
"             "         Solicitor  General  directed  to  assist  in  investiga- 
tion of  its  affairs,           .         ,         ,         .  253 
"             "         expenses  of  investigating  affairs  of,  provided  for,  292 
Banks,  Belchertown  and  Sutton,  expenses  of  investigating  af- 
fairs of,  provided  for, 289 

Blind,  New  England  Asylum  for,  appropriation  for  support  of,  295 

Briggs,  Malbone,  relieved  from  obligations  in  his  recognizance,  266 

Brown,  William,  Executor,  empowered  to  sell  certain  real  estate,  291 

C. 

Canal  Route,  between  Buzzards'  and  Barnstable  Bays,  docu- 
ments respecting,  to  be  procured,         ....  280 
Chaplain  of  Senate,  pay  of,  provided  for,         ....  310 
Chappequiddic  Indians,  provisions   for  relief  of,  in  division  of 

lands, 282 

Chappequiddic  Indians,  agent  for  visiting,  paid  for  services,    .  303 
Child,  David,  Guardian,  allowed  to  perpetuate  evidence  of  no- 
tice of  sale  of  real  estate,    ......  275 

Claim  of  Massachusetts  upon  the  General  Government,  report, 

&LC.,  respecting,          .......  256 

Clerks  of  Senate  and  House,  pay  of,  provided  for,            .         ,  307 
Commissioners  appointed  to  effect  settlement  respecting  claims 

of  Trustees  of  Hopkins'  Charity,          ....  300 

Congregational  Society,  first  in  Saugus,  may  sell  real  estate,  284- 

Cook,  Mary,  allowance  to,  for  support  of  certain  pauper,         .  276 

Coolidge,  Flavel,  sum  due  from,  to  Commonwealth,  remitted,  284 
Cotton,  Resetter,  allowance  to,  for  transcribing  laws,  &c.,  of 

Plymouth  Colony, 267 

County  Taxes,  granted,         .......  264 

D. 

Deaf  and  Dumb,  Asylum  for,  provisions  for  supporting  pupils 

at, 248-253 

Dorchester,  certain  old  records  and  plans  of,  to  be  deposited  in 

Norfolk  Registry  of  Deeds,         .        .        .         .        .  '     269' 


INDEX.  iii 

E. 

Equity,  remedies  in,  Committee  appointed  to  inquire  concerning,    281 

F. 

Fairhaven,  allowance  to  overseers  of  poor  of,  ...  290 

Farmers'  Bank,  at  Belchertown,  affairs  of,  to  be  investigated,  244 
Fisher,  jr.,  James,  to  be  supported   at  Asylum  for  Deaf  and 

Dumb, 248 

Fiske,  Rufus,  guardian,  empowered  to  lease  certain  real  estate,  294 

G. 

Gates,  Samuel,  executor,  authorized  to  sell  certain  real  estate,          272 
Governor,  requested  to  transmit  Resolutions  respecting  Massa- 
chusetts Claim,  to  Members  of  Congress,  &c.,  263 
"         with  advice  of  Council,  authorized  to  appoint  a  Sur- 
veyor to  make  a  survey  of  the  Commonwealth,           278 
"         requested  to  procure  documents  respecting  survey  of 
Canal  Route  between  Barnstable  and  Buzzards' 

Bays, 280 

"         requested,  with  advice  of  Council,  to  select  a  site  for 

Lunatic  Hospital,  &c.,     .....         296 
"         requested  to  forward  copies  of  Resolve  respecting 

surveys  for  Rail  Roads,  ....         310 

Governor's  Message,  at  opening  of  the  Session,       .         .         .         211 
"  "         transmitting   Resolutions   from   Vermont, 

Missouri  and  Mississippi,  .         .         242 

"  *'         transmittingReport  of  Survey  of  Rail  Road 

from  Boston  to  Lowell,       .         .  243 

"  "         transmitting  Resolutions  from  Pennsylva- 

nia and  Georgia,        ....         251 
"  "         transmitting  communication  from  Attorney 

General, 276 

"  "         informing  of  the  resignation  of  Maj.  Gen. 

S.  Leach, 297 

"  "         returning  Bill   respecting  Costs,  with  his 

objections, 304 

Gray,  Henry,  an  alien,  empowered  to  hold  certain  real  estate,         249 


INDEX. 


H. 


Hanscam,  Joshua,  empowered  to  exchange  certain  estate  of  his 

wife, 254 

Henry,  William,  executor,  empowered  to  sell  certain  real  estate,      287 
Holland,  town  of,  empowered  to  assess  tax,  to  reimburse  town  of 

Wales, 246 

Hopkins'  Charity,  provisions  for  settlement  of  claims  and  differ- 
ences respecting,        .......         300 

Hospital,  Lunatic,  provisions  for  erecting,      ....         296 

Humphrey,  Lemuel,  and  another,  executors,  empowered  to  sell 

certain  real  estate,      .....;.        288 


Indians,  Marshpee,  school  houses  for,  to  be  built,  .         .         .  274 
"       Chappequiddic,  provisions  for  relief  of,  in  division  of 

land, 282 

"                "                agent  for  visiting,  paid  for  services,  303 

K. 

Kellogg,  John,  allowance  to,  for  services  as  aid  to  Maj.  Gen. 

Whiting,  285 

Kendall,  Thomas,  guardian,  allowed  to  perpetuate  evidence  of 

notice  of  sale  of  real  estate, 274 

Kibbe,  William,  grant  of  land  to, 267 

L. 

Low,  John  v..  Assistant  Messinger  to  Governor  and  Council, 

paid  for  services,         .         .         .         .         .         .         .         311 

Lunatic  Hospital,  provisions  for  erection  of,  ...        296 

M. 

Marshpee  Indians,  two  school  houses  for,  to  be  built,       .         .  274 

Massachusetts  Claim,  Report  and  Resolutions  concerning,      .  256 

"  Agricultural  Society,  certain  provisions  in  favor 

of,  repealed,         ......  295 

Medford,  town  of,  allowance  to,  for  support  of  paupers,    .         .  292 

Message  of  Governor,  at  opening  of  the  Session,      .         .         .  211 
"                 "          transmitting  Resolutions  from   Vermont, 

Missouri  and  Mississippi,           .        .  242 


INDEX.  V 

Message  of  Governor,  transmitting  Report  of  Survey  for  Rail 

Road  from  Boston  to  Lowell,  .         243 

"  "         transmitting  Resolutions  from  Pennsyl- 

vania and  Georgia,         .         .         .         251 

"  "         transmitting  communication  from  Attor- 

ney General,  ....         276 

"  "         informing  of  the  resignation  of  Major 

General  S.  Leach,  .         .         .         297 

"  "         returning  Bill  respecting  Costs,  with  his 

objections,     .....         304 
Militia  Fines,  inquiry  respecting,  directed,     ....         286 

Munroe,  Jonas,  Administrator,  empowered  to  sell  certain  real 

estate,        .........         293 

]V. 

New  Bedford,  town  of,  allowance  to  Overseers  of  Poor  of,       .         286 
Norfolk  County,  certain  plans,  &c.,  to  be  deposited  in  Registry 

of  Deeds  for, 269 

O. 

Oakhara,  town  of,  to  be  indemnified  for  support  of  Charles 

Stone,  when  a  minor,  ......         255 

Orne,  Sarah,  allowance  to,    .         .         .         .         .         .         .         256 

Osgood,  Isaac  P.,  guardian,  empowered  to  sell  real  estate  of 

certain  minors,  .......         246 


Perkins,  Seth,  grant  to,  on  account  of  wound  when  on  military 

duty, 251 

Perkins,  Thomas     H.,  and  others,  trustees,  empowered  to  sell 

certain  real  estate,      .......         297 

Pettingell,  John,  deceased,  right  of  grand  children  in  estate  of, 

may  be  conveyed,  .  .  .  .  ,  .  .  265 
Plans  of  the  several  towns,  &c.,  to  be  taken,  .         .         .         270 

Plymouth  Colony,  laws  and  ordinances  of,  transcript  provided 

for, 267 

Porter,  jun.,  William,  reimbursed  certain  expenses  on  public 

account,    .........         249 

Q 

Quarter  Master  General's  Department,  appropriation  for,  307 

47 


INDEX. 


R. 


Rail  Roads,  General  Government  requested  to  cause  surveys 

for,  to  be  made, 310 

Root,  Joseph,  allowance  to,  for  services  as  acting  Brigade  Ma- 
jor, &LC.,  283 

S. 

Saugus,  First  Congregational  Society  in,  may  make  sale  of  real 

estate, 284 

School  Returns,  to  be  printed  and  distributed,         .         .          .  309 
Senators  in  Congress,  requested  to  apply  for  certain  surveys  of 

routes  for  rail  roads,            .         .         .         .         .         .  310 

Shaw,  Lemuel,  appointed  to  inquire  respecting  laws  relating  to 

Remedies  in  Equity,            .         .         .         .         .         .  281 

Shirley,  town  of,  allowance  to,  for  support  of  paupers,     .         .  309 
Solicitor  General,  directed  to  assist  in  investigating  affairs  of 

Brighton  Bank,           .......  253 

State  Prison,  appropriation  for, 255 

*'         "       inquiry  to  be  made  respecting  means  for  employ- 
ment of  convicts  discharged  from,          .         .  283 
"-         "       provision  for  erecting  a  Chapel  at,      .         .         .  290 
State  House,  provisions  for  painting  Doric  Hall  of,          .         .  303 
Survey  of  the  several  towns  and  districts  of  the  State,  provided 

for, 270 

"       of  the  Commonwealth,  provided  for,    ....  278 

Sutton  Bank,  affairs  of,  to  be  investigated,      ....  244 

T. 

Taxes  granted  for  the  several  Counties,  ....         264 

Towns  directed  to  cause  surveys  to  be  made  and  returned,      .         270 
Treasurer  of  Commonwealth,  further  directed  respecting  audit- 
ing of  accounts,  .  245 
"                         "             authorized  to  borrow  money,      .         248 
"                         "             Communication   of,     transmitting 

Roll  of  Accounts  No.  1,      .         335 
"  "  Communication    of,   transmittihg 

Roll  of  Accounts  No.  2,      .         350 
Trustees  of  Charity  of  Edward  Hopkins,  provisions  for  adjust- 
ment of  their  claims  against  tenants,  &c.,   .        .        •        300 


INDEX. 


Varnuni,  Benjamin  F.,  guardian,  allowed  to  perpetuate  evidence 

of  notice  of  sale  of  real  estate,  ....         308 

W. 

Wales,  town  of,  to  be  reimbursed  certain  expenses,  by  town  of 

Holland, 246 

Whitney,  Moses,  allowed  to  perpetuate  evidence  of  notice  of 

sale  of  real  estate,       .......         250 

Worcester,  County  of,  allowance  to,  for  use  of  House  of  Cor- 
rection,     .........         302 


OP  / 

THE  GENERAL  COURT 


OF    THE 


CommotttoealtK)  of  Mnssut\)mttts, 

PASSED  AT  THEIR  SESSION 

WHICH    COMMENCED     ON     WEDNESDAY,   THE     TWENTY-SIXTH     OF     MAY,  AND  ENDED    ON   MON 
DAY,  THE    SEVENTH   OP   JUNE,   ONE   THOUSAND    EIGHT    HUNDRED    AND   THIRTY. 


Published  agreeably  to  a  Resolve  of  the  \6th  January,  1812. 


DUTTON  AND  WENTWORTH,  PRINTERS  TO  THE  STATE. 


J  830. 


CIVIL    GOVERNMEINT 

OF    THE 
FOR  THE  POLITICAL  YEAR  1S30 31. 


HIS   EXCELLENCY 


LEVI  LINCOLN,  ESQ, 


GOVERNOH. 


HIS   HONOR 

THOMAS  L.  WINTHROP,  ESQ, 

IiIEUTENANT  GOVERNOR. 


COUNCIL,. 

HOJV.  RUSSEL  FREEMAN, 
JOHN  ENDICOTT, 
AARON  HOBART, 
BEZALEEL  TAFT,  JR. 
SAMUEL  C.  ALLEN, 
GEORGE  HULL, 
JAMES  SAVAGE, 
JOSEPH  E.  SPRAGUE, 
NATHAN  BROOKS. 


EDWARD  D.  BANGS,  ESQ^UIRE, 

Secretary  of  the  Commonwealth. 

JOSEPH  SElVALiIi,  ESaUIRE, 

Treasurer  and  Receiver  General  of  the  Commonwealth. 


SSNikTlS. 


HON,  SAMUEIi   LATHROP, 

PRESIDENT. 


SUFFOLK  DISTRICT. 

Hon.  Francis  C.  Gray,  Hon.  Charles  Wells, 

Alexander  H.  Everett,  Pliny  Cutler, 

Thomas  Motley,  Daniel  Baxter. 

ESSEX  DISTRICT. 

Hon.  Amos  Spaulding,  Hon.  James  H.  Duncan, 

John  Merrill,  Stephen  White, 

William  Thorndike,  Stephen  C.  PhilUps. 

MIDDLESEX   DISTRICT. 

Hon.  Benjamin  F.  Varnum,  Hon.  Francis  Winship, 

Asahel  Stearns,  Thomas  J.  Goodwin. 

John  Locke, 

PLYMOUTH  DISTRICT. 
Hon.  Solomon  Lincoln,  Jr.,  Hon.  Charles  J.  Holmes. 
NORFOLK  DISTRICT. 

Hon.  Christopher  Webb,      Hon.  Moses  Thatcher. 
H.  A.  S.  Dearborn, 


SENATE.  361 

BRISTOL  DISTRICT. 

Hon.  Elijah  Ingraham,  Hon.  John  A.  Parker. 

Howard  Lothrop, 

WORCESTER  DISTRICT. 

Hon.  John  W.  Lincoln,         Hon.  Samuel  Mixter, 

Lovell  Walker,  William  S.  Hastings. 

David  Wilder, 

HAMPSHIRE  DISTRICT. 
Hon.  Oliver  Warner,  Hon.  John  Warner. 

HAMPDEN  DISTRICT. 
Hon.  James  Fowler,  Hon.  Samuel  Lathrop. 

FRANKLIN  DISTRICT. 
Hon.  Ehhu  Hoyt,  Hon.  Sylvester  Maxwell. 

BERKSHIRE  DISTRICT. 
Hon.  Samuel  M.  McKay,      Hon.  Russell  Brown. 

BARNSTABLE  DISTRICT. 
Hon.  Elisha  Pope. 

NANTUCKET  DISTRICT. 
Hon.  Barker  Burnell. 


Charles  Calhoun,  Esq.,  Clerk. 
W.  P.  Gragg,  Esq.,  Assistant  Clerk. 
Rev.  Howard  Malcolm,  Chaplain. 
William  H.  Cutting,  Page. 


HOUSE  OF  REPRESENTATIVES. 


HON.  WILLIAM  B.  CALHOUN, 

SPEAKER. 

COUNTY  OF  SUFFOLK. 

BostoUf  Joseph  T.  Adams, 

Andrew  J.  Allen, 
Samuel  Appleton, 
Samuel  T.  Armstrong, 
Samuel  Aspinwall, 
Samuel  Austin,  Jr., 
Benjamin  Bangs, 
Levi  Bartlett, 
Francis  Bassett, 
Daniel  Baxter,  Jr., 
Adam  Bent, 
Ninian  C.  Betton, 
John  P.  Bigelow, 
George  Blake, 
James  Bowdoin, 
Noah  Brooks, 
Isaac  Danforth, 
John  B.  Davis, 
Daniel  Denny, 
Joseph  H.  Dorr, 
Ezra  Dyer, 
Jabez  Ellis, 
Joseph  Eveleth, 
Otis  Everett, 


HOUSE  OF  REPRESENTATIVES. 


363 


Bostouj 


Chelsea, 


Henry  Farnam, 
Joshua  B.  Flint, 
William  Foster, 
Elbridge  Gerry, 
William  Goddard, 
John  C.  Gray, 
Thomas  Kendall, 
William  Lawrence, 
Winslow  Lewis, 
Charles  Lincoln, 
Heman  Lincoln, 
John  Lowell,  Jr., 
William  P.  Mason, 
Thomas  Melvill, 
Thomas  Minns, 
George  Morey,  Jr., 
Henry  J.  Oliver, 
William  F.  Otis, 
Isaac  Parker, 
Thomas  W.  Phillips, 
Benjamin  T.  Pickman, 
Isaac  C.  Pray, 
James  B.  Richardson, 
Benjamin  Russell, 
Enoch  Silsby, 
William  Sturgis, 
William  Sullivan, 
Joseph  H.  Thayer, 
Israel  Thorndike,  Jr., 
John  C.  Warren, 
John  Wells, 
Simon  Wilkinson, 
John  D.  Williams, 
Edmund  Wright,  Jr., 
Winslow  Wright, 
Joseph  Stowers, 


COUNTY  OF  ESSEX. 


Ameshury, 


Robert  Patten, 


364        HOUSE  OF  REPRESENTATIVES. 


Andover, 
Beverly, 


Boxford, 
Bradford, 

Daiivers, 


Essex, 
Gloucester, 


Hamilton, 
Haverhill, 


Ipswich, 

Lynn, 

Lynnfield, 

Manchester, 

Marblehead, 

Methuen, 
Middleton, 
Newbury, 
Newburyport, 


Benjamin  Jenkins,  Jr., 
William  Johnson,  Jr., 
Henry  Larcom, 
Robert  Rantoul, 
Amos  Sheldon, 

Eliphalet  Kimball, 
George  Savary, 
Robert  S.  Daniels, 
Nathan  Poor, 
Elias  Putnam, 
Jonathan  Shove, 
Jonathan  Story,  3d., 
Elias  Davison, 
Aaron  Giddings, 
John  Gott, 
Samuel  Lane, 
John  W.  Lowe, 

William  Bachellor, 
John  Brickett,  Jr., 
Thomas  Harding, 
Joseph  Dennis, 
George  W.  Heard, 
William  B.  Breed, 
Jacob  Ingalls, 
John  Upton,  Jr., 
Daniel  Anibal, 
Phihp  Bessom, 
Joseph  W.  Green, 
Moses  Merrill, 

Moses  Little, 
Charles  H.  Balch, 
Ebenezer  Bradbury, 
William  Faris, 
Henry  Frothingham, 
George  Lunt, 
Stephen  W.  Marston, 


HOUSE  OF  REPRESENTATIVES.        365 


Rowley, 

Thomas  Payson, 

Salem, 

George  Choate, 

William  E.  Hacker, 

Elisha  Mack, 

Warwick  Palfray,  Jr. 

Francis  Peabody, 

David  Putnam, 

Richard  S.  Rogers, 

William  Ropes, 

John  Russell, 

Stephen  P.  Webb, 

Salisbury, 

Saugiis, 

Abijah  Cheever, 

Topsfield, 

Jacob  Towne,  Jr., 

Wenham, 

Paul  Porter, 

West  Newbury, 

Daniel  Emery, 

COUNTY  OF  MIDDLESEX. 

Acton,                              ^.^ 

i^ll         Francis  Tuttle, 

Ashby, 

Abraham  Haskell,  Jr., 

Bedford, 

John  Merriam, 

Billerica, 

Marshal  Preston, 

Brighton, 

Samuel  Brooks, 

Burlington, 

William  Winn, 

Cambridge, 

Benjamin  Bigelow, 

Jesse  Hall, 

James  Hayward, 

Royal  Makepeace, 

Abraham  P.  Sherman, 

William  J.  Whipple, 

Carlisle, 

John  Heald, 

Charlestown, 

Edward  Cutter, 

John  Harris, 

Oliver  Holden, 

Lot  Pool, 

Benjamin  Thompson, 

Daniel  Tutts,  Jr., 

Chelmsford, 

Joel  Adams, 

Concord, 

Reuben  Brown,  Jr., 

48 


366       HOUSE  OF  REPRESENTATIVES. 


Concord, 

Daniel  Shattuck,  , 

Dramt, 

Life  Hamblet, 

Dunstable, 

East  Sudbury, 

Micah  M.  Rutter, 

Framingham, 

Charles  Train, 

Groton, 

Luther  Lawrence, 

William  Livermore, 

Holliston, 

Abncr  Johnson, 

Hopkinton, 

Lexington, 

Charles  Reed, 

Lincoln, 

Silas  P.  Tarbell, 

Littleton, 

Lowell, 

Kirk  Boott, 

John  P.  Robinson, 

Joshua  Swan, 

Maiden, 

Ebenezer  Nichols, 

Marlborough, 

Levi  Bigelow, 

Daniel  Stevens, 

Medford, 

John  B.  Fitch, 

Turell  Tufts, 

Natick, 

William  Farriss, 

Newton, 

William  Jackson, 

John  Keni-ick, 

Pepperell, 

Arnold  Hutchinson, 

James  Lewis, 

Reading, 

Eliab  Parker,  Jr., 

W^arren  Perkins, 

Sherburne, 

Silas  Stone, 

Shirley, 

James  P.  Whitney, 

South  Reading, 

Thomas  Emerson, 

Stonchum, 

Stoiv  and  Boxboro\ 

James  B.  Brown, 

Sudbury, 

Abel  Wheeler, 

Tewksbury, 

John  Jacques, 

Townsend, 

Aaron  Warren, 

Tyngsborough, 

Waltham, 

Jonas  Clark, 

Watertoivn, 

Charles  Bemis, 

John  Clark, 

HOUSE  OF  REPRESENTATIVES.        367 


JVest  Cambridge, 

Westfordj 

Weston, 

Wilmington, 

Woburji, 


Benjamin  Locke, 
Jesse  Minot, 
Jonas  Cutter, 


William  C.  Jarvis, 
COUiNTY  OF  WORCESTER. 


Ashburnham, 

Athol, 

Barre, 

Berlin, 
Bolton, 
Boylston, 
Brookfield, 

Charlton, 

Dana, 
Douglas, 
Dudley, 
Fitchburg, 

Gardner, 

Grafton, 

Hardivick, 

Harvard, 

Holden, 

Hubbardston, 

Lancaster, 

Leicester, 

Leominster, 

Lunenburg, 
Mendon, 


Milfordf 


Nathaniel  Pierce, 
Samuel  Sweetser, 
Charles  Sibley, 
Lyman  Sibley, 
Jonathan  D.  Merriam, 
Stephen  P.  Gardner, 
Ward  Cotton, 
Simeon  Draper, 
Alanson  FTamilton, 
Issachar  Comins, 
John  Hill,  Jr., 
Ephraim  Whipple, 

George  A.  Tufts, 
Isaiah  Putnam, 
Payson  Williams, 

Samuel  Wood, 
Moses  Allen, 

Asa  Broad, 
Moses  Waite, 
Solon  Whiting, 
Nathaniel  P.  Denny, 
Waldo  Flint, 
Wilder  Carter, 
Charles  Grout, 

Caleb  V.  Allen, 
Aaron  Burdon, 
Benjamin  Davenport 
John  Claflin,  Jr., 


36S        HOUSE  OF  REPRESENTATIVES. 


Milford, 

Samuel  L.  Scammell, 

Millbury, 

Elias  Forbes, 

Simeon  Waters, 

New  Braintree, 

Northboroiigh, 

Jonas  Bartlett, 

Northbridge, 

North  BrooJcfield, 

OaJcham, 

Oxford, 

Tyler  Bacheller, 

Ira  Barton, 

Alexander  De  Witt, 

Paxton, 

Gains  Conant, 

Petersham, 

Joseph  Gallond, 

Josiah  Wheeler, 

Phillipston, 

Princeton, 

Charles  Russell, 

Royalston, 

Stephen  Batcheller, 

Rutland, 

Charles  B.  Goodrich, 

Shrewsbury, 

Thomas  Harrington,  Jr., 

Southboro\ 

Francis  B.  Fay, 

Southbridge, 

John  McKinstry, 

Spencer, 

James  Draper, 

Sterling, 

Sturbridge, 

James  Johnson, 

Sutton, 

Joshua  Armsby, 

Jonas  L.  Sibley, 

Templeion, 

Samuel  Lee, 

Ephraim  Stone, 

Upton, 

Eli  Warren, 

Uxbridge, 

Samuel  Read, 

George  Willard, 

Ward, 

Zebulon  Gary, 

Westborough, 

Phineas  Gleason, 

West  Boylston, 

Western, 

Pardon  Allen, 

Westminster, 

Charles  Hudson, 

Cyrus  Winship, 

Winchendon, 

WiUiam  Brown, 

Worcester, 

Otis  Corbet, 

William  Eaton, 

HOUSE  OF  REPRESENTATIVES.        369 


Worcester,  Rejoice  Newton, 

COUNTY  OF  HAMPSHIRE. 


Amherst, 

Belchertown, 

Chesterfield, 

Cummington, 

Easthampton, 

Enfield, 

Granhy,    . 

Goshen, 

Greeiiivich, 

Hadley, 

Hatfield, 

Middlefield, 

Northampton, 


Norwich, 

Pelham, 

Plainfield, 

Prescott, 

Southampton, 

South  Hadley, 

Ware, 

Westhatnpton, 

Williamsburg, 

Worthington, 


Isaac  G.  Cutler, 
Zebina  Dickinson, 
Joseph  Bridgman, 
Dyar  Bancroft, 
William  Swan, 
Ocran  Clapp, 
Joshua  Crosby, 


Laban  Marcy, 
Moses  Porter, 


George  Bancroft, 
Nathaniel  Fowle, 
Elisha  Strong, 
Eliphalet  Williams, 
Joseph  Stanton, 
Ziba  Cook, 
John  Mack, 
Samuel  Henry, 
Elisha  Edwards,  Jr., 
Daniel  Warner, 
Joel  Rice, 
Bela  P.  Clapp, 
Elisha  Hubbard,  Jr., 
Josiah  Mills, 


Blandford, 

Brimfield, 

Chester, 

Granville, 

Longmeadow, 

Ludlow, 

Monson, 


COUNTY  OF  HAMPDEN. 

Orrin  Sage, 
John  Wyles, 
Forbes  Kyle, 
Patrick  Boies, 
Elisha  Burnham, 
Aaron  J.  Miller, 


370        HOUSE  OF  REPRESENTATIVES. 


Montgomery, 
Palmer, 
Russell, 
Southwick, 

Springfield, 


Tolland, 

Wales  and  Holland, 

West  Springfield, 


Westfield, 


Wilhrahmn, 


John  Crow, 
Cyrus  Knox, 
John  Gould, 
Levi  W.  Humphreys, 
Abraham  Rising,  Jr., 
William  B.  Calhoun, 
William  Child, 
Jesse  Pendleton, 
Silas  Stedman, 
Eleazer  Williams, 
Launcelot  Granger, 
Charles  Gardner, 
Henry  Ely, 
Lewis  Warriner, 
Joseph  S.  Avery, 
Henry  Douglas, 
Henry  Fowler, 
William  S.  Burt, 


COUNTY  OF  FRANKLIN. 


Ashfield, 

Bernardston, 

Buckland, 

Charlemont, 

Coleraine, 

Convjay, 

Deerfield, 

Gill, 
Greenfield, 

Hawley, 

Heath, 

Leverett, 

Leyden, 

Montague, 

Monroe, 

New  Salem, 


Samuel  Bement, 
Enos  Smith, 
John  Brooks, 
John  Porter, 
Isaac  Brown, 
Samuel  Pierce, 
Charles  E.  Billings, 
Rufus  Saxton, 
Stephen  Whitney, 
Alvah  Ballard, 
Ambrose  Ames, 
Isaac  Newton,  2d., 
Moses  Smith, 

Alpheus  Field, 
Hezekiah  Newcomb, 
Jonathan  Hartwell, 

William  Whittaker, 


HOUSE  OF  REPRESENTATIVES.        371 


Northjield, 

Orange, 

Rowe, 

Shelburne, 

Shutesburi/y 

Sunderland, 

Warwick, 

Wendell, 

Whately, 


Thomas  Mason, 
Parley  Barton, 
Noah  Wells, 
Ira  Arms, 

Nathaniel  Macomber, 
Horace  W.  Taft, 
Joseph  Stevens, 

David  Stockbridge, 


COUNTY  OF  BERKSHIRE. 


Adams, 


Alford, 

Becket, 

Cheshire, 

Clarksburg, 

Dalton, 

Egremont, 

Florida, 

Great  Barrington, 

Hancock, 

Hinsdale, 

Lanesborough , 

Lee, 

Lenox, 

Mount  Washington, 

New  Ashford, 

New  Marlboro\ 

Otis, 

Peru, 

Pittsfield, 


Richmond, 
Sandisfield, 


William  E.  Brayton, 
Edward  Richmond, 
Thomas  Farnam, 
Ezra  C.  Tickner, 
Benjamin  C.  Perkins, 
Nathan  Sayles, 

Zenas  Crane, 
Ephraim  Baldwin, 

Charles  W.  Hopkins, 

Abel  Kittredge, 
Henry  Shaw, 
Charles  M.  Owen, 
Oliver  Peck, 


Warren  Wheeler, 
Samuel  Picket, 
David  Tuttle, 
Jonathan  Allen, 
Daniel  H.  Francis, 
Joseph  Merrick, 
Hosea  Merrill,  Jr., 
John  Sherrill, 
Joseph  Fuller, 
Daniel  Sears, 


372        HOUSE  OF  REPRESENTATIVES. 


Savoy, 
Sheffield, 

Stockhridge, 
Tyringham, 
Washington, 
West  Stockhridge, 
Williamstown, 


Windsor, 


Bellingham, 
Braintree, 

Brookline, 
Catiton, 
Cohasset, 
Dedham, 

Dorchester, 


Foxhorough, 

Franklin, 

Medjield  and  Dover, 

Medway, 

Milton, 

Needham, 

Quincy, 

Randolph^ 

Roxbury, 


William  Ingraham, 
Royse  Leonard, 
Amos  Shears, 
Prentice  Williams, 
Egbert  B.  Garfield, 
Stephen  W.  Newton, 
Martin  Hendrix, 
Daniel  N.  Dewey, 
Ebenezer  Foster, 
Josiah  Allen,' 


COUNTY  OF  NORFOLK. 


Joseph  Rockwood, 
Joseph  Richards, 
Amos  Stetson, 
John  Robinson, 
Elijah  Spare, 
James  C.  Doane, 
Richard  Ellis, 
Horace  Mann, 
Ebenezer  Clap, 
Samuel  P.  Loud, 
William  Oliver, 
Stephen  Robinson, 
Willard  Pierce, 
Caleb  Thurston, 
Calvin  Richards, 
Warren  Lovering, 
John  Ruggles, 
George  Fisher, 
John  Souther, 
David  Brigham, 
Cavin  Hitchcock, 
Isaac  Davis, 
Charles  Durant, 
Samuel  Guild, 
Elijah  Lewis, 
Aaron  D.  Weld, 
Benjamin  P.  Williams, 


HOUSE  OF  REPRESENTATIVES. 


Sharon, 
Stoughton, 
Walpole, 
Weymouth, 


Wrentham, 


Attlehorough, 

Berkley, 

Dartmouth, 

Dighlon, 

Easton, 

Fairhaven, 

Freetown, 

Mansfield, 

New  Bedford, 

Norton, 

Pawlucket, 

Raynham, 

Rehoboth, 


Seekonk, 

Somerset, 
Swanzey, 

Taunton, 
Troy, 


Westport, 


Abner  Drake, 
Joseph  Havves, 
Lemuel  Humphrey, 
Leonard  Tirrell, 
Noah  Torrey, 
Allen  Tillingliast, 

COUNTY  OE  BRISTOL. 

Elkanah  Briggs, 
Samuel  French, 
Joseph  Giflford, 
Nehemiah  Walker, 
Elijah  Howard,  Jr., 
Joseph  Tripp, 
Ephraim  Atvvood, 
Joseph  Durfee,  Jr., 
Hezekiah  Skinner, 
Thomas  A.  Greene, 
Cromwell  Leonard, 
James  C.  Starkweather, 
Godfrey  Robinson, 
Samuel  Bullock, 
Caleb  Gushing, 
Joseph  Nichols, 
Wooster  Carpenter, 
Seth  Whitmarsh, 
Edward  Slade, 
Luther  Baker, 
Benajah  Mason, 
Francis  Baylies, 
Anthony  Mason, 
Joseph  E.  Read, 
Frederick  Winslow, 
Anselm  Bassett, 
Nathan  C.  Brownell, 
Abner  B.  Gifford, 


49 


374       HOUSE  OF  REPRESENTATIVES. 


COUNTY  OF  PLYMOUTH. 


Abington, 

Bridgewater, 

Carver, 

Duxbury^ 

East  Bridgewater, 

Halifax, 

Hanover, 

Hanson, 

Hingham, 

Hull, 

Kingston, 

MarsJifield, 

Middleboro,^ 
North  Bridgewaierj 
Pembroke, 
Plymouth, 


Plympton, 
Rochester, 


Wareham, 

West  Bridgewater, 


James  Bates, 
Micah  Pool, 
Solomon  Alden,  Jr., 
Nathan  Lazell,  Jr., 
Benjamin  Ellis, 
Gershom  B.  Weston, 
Ezra  Kingman,  Jr., 

Robert  Eells, 
Joshua  Smith, 


Zephaniah  Willis, 
Asa  Hewit, 
Edward  P.  Little, 
Hercules  Cushman, 
John  Goldsbury, 
Morrill  Allen, 
William  Clark, 
James  Collins,  Jr., 
Allan  Danforth, 
Caleb  Rider, 
Bridgham  Russell, 

Wilson  Barstow, 
Ebenezer  Holmes 
George  King, 
Joseph  Meigs, 
Bartlett  Murdock, 
William  Baylies, 


COUNTY  OF  BARNSTABLE. 

Barnstable,  Henry  Crocker, 

David  Hinckley, 
William  Lewis, 
Charles  Marston, 
Brewster,  Jeremiah  Mayo, 

Chatham,  Joseph  Atwood, 


HOUSE  OF  REPRESENTATIVES. 


375 


Dennis, 

Easifiam, 

Falmouth, 

Harwich, 

Orleans, 

Provincetown, 
Sandivich, 

Truro, 
Wellfleet, 

Yarmouth, 


Chilmark, 

Edgartown, 

Tisbury, 


Oren  Howes, 
Samuel  Knowles, 
Thomas  Fish, 
Elijah  Swift, 
Isaiah  Chase, 
James  Long, 
Daniel  Comings, 
John  Kenric, 
Isaac  Small, 
Shadrach  Freeman, 
Thomas  Swift, 

Joseph  Holbrook,  3d., 
Benjamin  R.  Witherell, 
James  Crowell, 
Charles  Hallet, 


DUKES  COUNTY. 


Smith  Mayhew, 
Leavitt  Thaxter, 
David  Look, 


COUNTY  OF  NANTUCKET. 

Nantucket,  Isaac  Folger, 

George  W.  Gardner, 
Seth  Pinkham. 


Pelham  W.  Warren,  Esq.,  Clerk. 
Rev.  Joseph  Tuckerman,  Chaplain* 


Jacob  Kuhn,  Messenger  to  the  General  Court. 

Elijah  W.  Cutting,      >      a    •  .     .  ht 

T  Tz  T  >    Assistant  Messens:ers. 

Jacob  Kuhn,  Jr.,  3 

Charles  Pitts,  Page  to  the  House. 


ESOLVES 


OF 


THE  GENERAL  COURT, 

OF    THE 

COMMONWEALTH  OF    MASSACHUSETTS, 

PASSED  BY  THE  GENERAL  COURT. 

AT    THEIR     SESSION,    WHICH    COMMENCED    ON     WEDNESDAY,    THE     TWENTY-SIXTH    OF 

MAY,  AND    ENDED    ON    MONDAY,   THE    SEVENTH    OF    JUNE,     ONE    THOUSAND 

EIGHT    HUNDRED    AND    THIRTY. 


GOYJEI^NOll:'®  SPEECH. 

REPRESENTATIVES'  CHAMBER,  MAY  29,  1830. 

At  12  o'' clock,  noon,  ctgreeably  to  assignment,  the  two 
Houses  assembled  in  Convention,  ivhen  His  Excellency 
the  Governor  came  iti,  preceded  by  the  Sheriff  of  Suf- 
folk, and  attended  by  His  Honor  the  Lieutenaiit  Gover- 
nor, the  Honorable  Council,  and  the  Secretary,  Trea- 
surer, and  Adjutant  General,  and  delivered  the  follow- 
ing 

SPEECH : 

Gentlemen  of  the  Sc7iate,  and 

Gentlemen  of  the  House  of  Representatives  : 

The  most  grateful  return,  by  a  public  officer,  for  ex- 
pressions of  political  confidence,  is  to  be  found  in  the 


GOVERNOR'S  SPEECH.  377 

manifestation  of  a  sincere  and  earnest  devotion  to  the 
appropriate  duties  of  his  station.  With  deep  impressions 
of  obligation  to  this  measure  of  acknowledgment  for  the 
honor  again  conferred  upon  me  by  the  suffrages  of  my 
fellow  citizens,  in  faithful  obedience  to  their  will,  with 
entire  trust  in  your  support  and  cooperation,  and  with 
humble  dependence  upon  the  blessing  of  heaven,  for 
the  success  of  honest  endeavours,  I  now  present  myself 
before  you,  as  the  immediate  representatives  of  our  com- 
mon constituents,  solemnly  to  recognize  my  high  re- 
sponsibilities, and  to  renew  the  pledge  of  fideUty  and 
assiduity  of  effort  in  the  service  of  the  State. 

It  is  the  distinguishing  characteristic  of  a  Republican 
Government,  that  measures  and  men  are  alike  within  its 
control.  They  who  have  the  power  to  constitute  the 
one,  have  the  right  also,  to  direct  the  other.  A  constant 
reference  to  the  people,  as  the  source  of  authority  and 
of  the  elevation  to  office  of  those  by  whom  it  is  exer- 
cised, cannot  fail  to  prove  an  effectual  guard  against 
intentional  error,  while  the  frequency  of  elections  will 
seasonably  correct  mistaken  counsels,  and  enforce  the 
popular  will. 

In  addressing  the  Legislature,  at  the  commencement 
of  the  political  year,  I  am  admonished  by  the  uniformity 
of  past  experience,  that  few  subjects,  beyond  the  neces- 
sary measures  of  organization  and  arrangement,  can 
conveniently,  at  this  season,  receive  attention.  Happi- 
ly, there  are  none  known  to  exist  of  new  impression,  or 
of  pressing  urgency  for  immediate  disposition.  The 
legislature  of  the  last  year,  occupying  these  places  but 
a  few  weeks  since,  with  patient  and  laborious  investiga- 
tion, passed  upon  many  of  the  most  interesting  topics  of 
public  regard,  and  gave  to  them  a  direction,  which,  at 


378  GOVERNOR'S  SPEECH. 

this  time,  there  is  neither  the  abihty  nor  the  inchnation 
to  revise.  Others  of  them  must  probably  await  the 
more  favorable  opportunity  for  leisure  consideration. 
Yet  although  little  should  now  be  done  in  the  work  of 
legislation,  it  can  be  neither  untimely  nor  unappropri- 
ate  to  advert  to  the  great  objects  of  duty,  and  to  con- 
template the  purposes  for  which  we  have  been  delega- 
ted here. 

The  frame  of  our  government  was  the  device  of  the 
wisdom  and  patriotism  of  a  former  age.  A  half  centu- 
ry will,  with  this  year,  be  completed,  and  more  than  a 
generation  of  men  have  passed  away,  since  the  decla- 
ration of  rights  and  the  constitution  of  the  state  govern- 
ment were  committed,  as  a  system  of  new  and  untried 
experiment,  to  the  capacity  and  faithfulness  of  the  peo- 
ple to  administer  and  to  sustain.  Their  intelligence 
and  their  virtue  have  yet  proved  equal  to  the  trust,  and 
the  men  of  this  generation  may  proudly  show  their  char- 
ters unsullied,  their  inheritance  unimpaired,  their  Com- 
monwealth, beyond  anticipation,  prosperous  and  great. 
Our  ancestors,  by  their  achievements  and  acquisitions, 
secured  for  their  descendants,  rather  than  to  their  own 
enjoyment,  the  institutions  which  we  so  justly  prize. 
The  free  schools  were  established,  through  their  love  of 
knowledge.  The  college,  by  their  munificence,  was 
made  the  nursery  of  piety  and  learning ; — and  temples, 
dedicated  to  religion,  were  the  altars  which  they  reared, 
to  liberty  of  conscience  and  a  pure  worship.  The 
means  by  which  these  privileges  and  blessings  are  to  be 
preserved  for  posterity  are  now  in  our  keeping.  We 
are  charged  with  their  present  use,  and  bound,  by  every 
motive  of  interest  and  of  duty,  to  their  highest  improve- 
ment.    It  will  be  but  an  imperfect  performance  of  ob- 


GOVERNOR'S  SPEECH.  379 

ligation,  that  we  shall  merely  preserve  what  has  been 
transmitted  to  us.  The  age  in  which  we  live  is  distin- 
guished for  great  advances.  Broader  scope  has  been 
given  to  intellectual  power  and  moral  action.  The 
civil  rights  of  man  are  better  understood,  and  the  just 
aims  and  true  ends  of  government  will  be  more  strenu- 
ously insisted  upon. 

The  most  comprehensive  summary  of  the  duties  of 
legislatures  and  magistrates,  and  one  which  cannot  too 
frequently  be  referred  to,  is  contained  in  that  noblest 
chapter  of  the  constitution,  which  enjoins  upon  them, 
the  obligation  to  cherish  literature  and  the  sciences,  to 
encourage  private  societies  and  public  institutions  for 
the  promotion  of  the  great  interests  of  country,  and  to 
countenance  and  inculcate  moral  virtues,  social  affec- 
tions, and  generous  sentiments  among  the  people.  In 
this  brief  compendium  are  enumerated  all  the  wise 
purposes  of  legislation,  and  upon  these  objects  the  bu- 
siness of  legislators  is  never  to  be  exhausted.  While 
knowledge  is  progressi/e  and  there  is  yet  any  thing  to 
learn,  while  the  arts  are  imperfect  and  there  is  aught  to 
improve,  while  science  is  disclosing  treasures  of  wisdom, 
and  the  human  mind  is  capable  of  enlargement  by  their 
acquisition,  there  will  remain  to  the  representatives  of 
the  people,  under  this  civil  compact,  the  responsibility 
of  fostering  institutions  of  learning,  of  offering  incen- 
tives to  the  free  spirit  of  enterprise,  and  of  encourage- 
ing,  by  rewards  and  immunities,  agriculture  and  the  arts, 
commerce,  trades,  and  manufactures,  and  thus  fulfilling 
the  service  for  which  a  representative  government  was, 
by  the  framers  of  it,  expressly  declared  to  have  been 
constituted.  May  not  the  inquiry  be  now  made,  to  what 
objects,  and  how  far,  should  the  attention  of  the  mom- 


380  GOVERNOR'S  SPEECH. 

bers  of  this  legislature  be  thus  directed  ?     It  is  but  a  nar- 
row viewof  the  influence  of  authority,  which  limits  its  ex- 
ercise within  the  scope  of  legal  enactment.     The  sen- 
timents which  are  expressed  here,  the  debates  and  the 
discussions  which  are  had,  the  principles  which  obtain 
a  sanction  in  the  character  of  measures  proposed,  may, 
and  often  do,  transfuse  through  the  community,  a  moral 
power,  which  the  imperative  language  of   laws  might, 
in  vain,  be  used  to  produce.     Is  there  then  no  favoura- 
ble sentiment  which  may  be  given  to  the  improvement 
of  the  condition  of  society  ?     Are  there  no  schemes  of 
public  enterprise,  nor  objects  of  domestic  industry  to  be 
promoted  ?     No  measures  for  the  advancement  of  the 
general  interests  of  the  state,  to  be  pursued  ?     Are  the 
means  of  education,  our  common  schools,  the  manner 
of  their  support  and  regulation  by  law,  and  the  course 
of  instruction  which  is  prescribed  in  them,  susceptible 
of  no  improvement  ?     May  not  encouragement  be  afford- 
ed  to  other  modes  of  teaching,  and  induceuients  offer- 
ed to   higher  qualifications  of  Teachers  ?     There  are 
unquestioned  defects  in  existing  arrangements,  which 
public  opinion  may,  and  doubtless,  will  correct ;  but  are 
no  measures  of  favor  or  of  relief  wanting,  which  the  inter- 
position of  the  legislature  alone  can  supply  ?     Lyceums, 
those  modern  institutions  for  mutual  instruction,  com- 
mend themselves  to  your  patronage.     The  occasion  for 
the  establishment  of  seminaries  in  the  practical  arts  is 
yet  unsatisfied,  and  without  these,  the  system  of  educa- 
tion can  never  be  made  complete. 

In  one  department,  at  least,  of  professional  science, 
an  earnest  appeal  is  submitted  to  your  consideration. 
The  medical  faculty  have  shown  the  embarrassments 
and  difficulties  of  acquiring  knowledge  in  a  branch  of 


GOVERNOR'S  SPEECH.  381 

their  profession,  and  their  frank  and  manly  representa- 
tion deserves  the  most  respectful  regard.  It  may  be, 
that  this  latter  subject  is  of  a  nature  too  delicate  for  di- 
rect legislation.  But  the  public  mind  should  be  instruc- 
ted in  its  interesting  importance.  Let  it  be  explained, 
how  that  the  knowledge  which  is  sought  in  the  science 
of  anatomy  concerns  all  the  living,  and  that,  without  it, 
the  accidents  and  ills  of  life,  which  art  might  remedy, 
are  beyond  relief.  Let  the  reason  of  men  be  address- 
ed, and  prejudice  be  dispelled  by  information  and  the 
force  of  argument.  It  may  then  come  to  be  understood, 
that  a  community  which  demands  the  exercise  of  skill, 
and  denies  the  means  to  acquire  it,  which  punishes  ig- 
norance, and  precludes  the  possibility  of  removing  it,  is 
scarcely  more  compassionate  than  that  Egyptian  harsh- 
ness, which  imposed  the  impracticable  task,  in  cruel 
oppression  of  the  inability  to  perform  it. 

But  by  this  reference,  it  is  not  my  purpose  to  propose 
any  definite  act,  for  your  adoption.  I  would  commend 
the  subject,  only,  to  the  discreetness  of  your  counsels. 
Respect  for  the  source  whence  the  appeal  originally 
proceeded,  and  a  deep  conviction  of  the  concern  which 
all  classes  in  society  have  in  its  object,  seemed  to  de- 
mand from  me  this  notice.  It  should  be  distinctly  re- 
garded, that  the  faculty  ask  relief  through  no  measure 
of  violence  to  the  sympathies  of  human  nature.  Upon 
the  plan  which  they  suggest,  the  feelings  and  affections 
which  cluster  in  the  circles  of  kindred  and  of  friendship 
will  no  longer  be  outraged,  nor  the  anxieties  and  sor- 
rows of  bereavement  receive  torturing  aggravation. 
The  sanctuary  of  the  tomb  will  be  rendered  more  sa- 
cred, and  the  sepulchres  of  the  dead  made  more  secure, 
50 


382  GOVERNOR'S  SPEECH. 

when  the  temptation  to  their  violation,  with  the  plea  of 
necessity  for  its  excuse,  shall  be  removed  together. 

To  the  ordinary  business  of  legislation  to  which  your 
attention  will  be  directed,  the  present  year,  there  is  su- 
peradded the  occasion  of  considering  proposed  amend- 
ments to  the  fundamental  Law  of  the  Government. — 
The  last  legislature  devolved  this  duty  upon  you,  by  a 
distinct  reference  of  specific  propositions  to  your  deci- 
sion, under  the  amendatory  provision  contained  in  the 
existing  constitution.  The  inconveniences  which  are 
already  experienced  from  the  numerous  delegation  to 
the  popular  branch,  with  an  apprehension  of  the  ex- 
treme difficulty,  if  not  utter  impracticability,  of  afford- 
ing the  necessary  accommodation  for  the  despatch  of 
pubhc  business,  should  the  present  right  of  representa- 
tion be  exercised  to  its  full  extent,  together  with  a  re- 
gard to  the  onerous  charge  thus  imposed  upon  the  pub- 
lic treasury,  have  produced  an  expression  of  sentiment, 
almost  universal  throughout  the  Commonwealth,  that, 
by  some  arrangement,  the  numbers  and  the  expense 
ought  to  be  diminished.  The  manner  in  which  this  is 
to  be  effected  will  doubtless  be  the  occasion  of  greater 
diversity  of  opinion.  It  cannot  be  done,  in  any  form, 
but  by  mutual  concession  and  compromise,  a  surrender 
of  much  that  is  local,  and  all  that  is  selfish,  to  the  com- 
mon good.  It  is  worthy  of  remark,  that  Massachusetts 
is  almost  singular  among  the  States  of  the  Union,  for 
the  number  of  her  Representatives,  and  in  the  frequen- 
cy of  their  sessions.  In  respect  to  the  former,  she  is 
altogether  without  a  parallel,  and  Rhode  Island,  under 
her  old  charter,  affords,  it  is  believed,  the  only  other  ex- 
ample of  more  frequent  than  annual  conventions  of 
legislative  assemblies,  except  upon  extraordinary  occa- 


GOVERNOR'S  SPEECH.  383 

sions.  It  is  not  improbable,  that  regard  to  the  conve- 
nience of  the  delegates  alone,  originally  suggested  the 
practice  of  an  adjourned  session,  in  our  own  Common- 
wealth. The  appointed  time  for  the  organization  of  the 
government  is  the  busy  season  of  husbandry,  the  win- 
ter that  of  leisure,  and  the  peculiar  interests  of  an  ag- 
ricultural community  will  always  furnish  a  sufficient 
reason  for  the  postponement  of  measures  requiring  de- 
liberation and  time  for  their  disposal,  to  the  most  fa- 
vorable opportunity.  If  the  uniform  observation  of 
many  years  experience  has  now  shown,  that  an  annual 
session  of  the  legislature  is  as  frequent  as  the  public  in- 
terest, under  ordinary  circumstances,  will  require,  it 
would  seem  expedient,  either,  that  the  legislature,  as  in 
our  sister  states  of  Connecticut  and  New  Hampshire, 
should  continue  their  sittings  in  the  summer  season  to 
the  completion  of  their  business,  or  that  the  constitu- 
tion should  be  conformed  to  a  more  convenient  period 
for  their  meeting.  It  is  most  certain,  that,  from  the 
combined  causes  of  repeated  sessions,  an  increased 
number  of  representatives,  and  the  mode  of  their  com- 
pensation, the  charge  to  the  state  feriegislation,  is  be- 
coming oppressively  great.  The  aggregate  of  the  pay 
rolls  for  the  travel  and  attendance  of  the  members  of 
the  two  houses,  the  last  year,  much  exceeded  the  sum 
granted  for  the  state  tax,  and  inclusive  of  the  roll  of 
the  Executive  Council,  fell  little  short  of  ninety  one 
thousand  dollars.  That  a  remedy  must  somehow  bo 
provided  against  this  increasing  burden,  with  the  incon- 
veniences which  are  continually  multiplying  upon  the 
administration  of  the  present  system,  will  not  be  ques- 
tioned. The  character  of  the  precise  measures  of  re- 
lief, which  are,  or  may  be  proposed,  are  not  the  subjects 


384  GOVERNOR'S  SPEECH. 

for  executive  discussion.  These  are  placed  by  the  con- 
stitution, exclusively,  upon  the  responsibility  of  the 
members  of  the  legislature,  and  at  the  pleasure  of  the 
people  in  their  primary  assemblies.  Having  but  refer- 
red to  them,  as  matters  for  attention,  I  respectfully 
leave  them  with  you,  both  for  the  time  and  manner  of 
their  consideration. 

With  the  present  legislative  year,  the  period  recurs, 
in  which  to  adopt  preliminary  measures  for  ascertaining 
the  ratable  property  within  the  Commonwealth.  The 
law  providing  for  the  last  valuation  was  passed  at  the 
second  session  of  the  General  Court  of  1820,  and  tne 
constitution  requires  the  service  to  be  performed,  as 
often,  at  least,  as  once  in  ten  years.  On  the  intelligent 
and  impartial  discharge  of  this  duty,  and  its  equal  ope- 
ration upon  the  citizens,  the  exercise  of  important  civil 
rights,  as  well  as  the  just  apportionment  of  public  bur- 
dens, is  made  to  depend.  The  precedents  of  former 
occasions  may  serve  as  a  directory  to  the  course  of  pro- 
ceedings, but  the  accomplishment  of  the  business  will 
ever  prove  an  arduous,  difficult,  and  highly  responsible 
task,  demanding  patient  labour  and  a  sound  judgment, 
to  its  successful  and  satisfactory  execution. 

The  providence  of  the  last  legislature,  in  granting  a 
tax  for  the  current  year,  prevents  the  occasion  of  calling 
your  attention  to  any  measure  of  finance,  at  the  pres- 
ent session.  It  will  be  found  necessary,  however,  to  re- 
new the  authority  to  the  Treasurer  to  borrow,  in  anti- 
cipation of  the  receipts  of  the  revenue. 

In  compliance  with  a  request  of  the  legislature,  appli- 
cation was  made  by  me  to  the  Secretary  of  War  of  the 
United  States,  for  copies  of  any  reports,  estimates,  or 
documents  in  that  department,  relating  to  the  construe- 


GOVERNOR'S  SPEECH.  385 

tion  of  a  canal  across  the  isthmus  of  Cape  Cod,  to  unite 
the  waters  of  Buzzard's  and   Barnstable  Bays,  and  1 
have  recently  received  a  copy  of  a  report  and  estimates 
for  such  a  work,  with  a  map  of   a  survey  across  the 
isthmus,  and  a  plan  and  details  of  the  proposed  Canal, 
drawn   up  by  the  Board  of   Internal  Improvement,  in 
conformity  to  a  resolution  of   Congress.     The  report 
presents  various  estimates,  on  different  hypotheses  of  an 
upper  level,  and  fixes  the  maximum  cost  of  the  canal,  on 
the  assumption  of  the  most  expensive  mode,  at  six  hun- 
dred sixty-nine  thousand,  five   hundred   and   twenty-two 
dollars.     The  precision  and  minuteness  of  description 
given  in  these  documents,  will  leave  nothing  further  of 
information,  on  this  subject,  to  be  desired.     If,  in  the 
judgment  of  the  legislature,  the   particular  interest  of 
the  Commonwealth  would  be  promoted  by  the  accom- 
plishment  of    the    project,    considerations  of   a   more 
genera]  character,  connected  with  the  commerce  and 
navigation  of    the  country,  would  justify  an  appeal  to 
the  general   government   to   cause  its   construction. — 
Whatever  benefits  would  result  from  the  measure  must 
be  largely  participated  in  by  the  nation.     The  report 
and  maps  will  be  laid  before  you  by  the  secretary.     As 
the  drafts  are  exceedingly  elaborate,  and  highly  valua- 
ble for  the  scientific  as  well  as  topographical  information 
which  they  afford,  I  pray  leave  to  suggest,  that  after  the 
legislature  shall  have  done  with  their  present  use,  they 
should  be  deposited  for  safe  keeping,  and  future  refe- 
rence, in  the  library  of  the  General  Court. 

Under  the  resolve  of  the  last  legislature,  providing 
for  the  erection  of  a  Lunatic  Hospital,  all  that  attention 
has  been  given  to  the  duties  assigned  to  the  executive, 
which  opportunity  for  an  intelligent  and  satisfactory  dis- 


386  GOVERNOR'S  SPEECH. 

charge  of  them  would  permit.  It  was  deemed  expedi- 
ent, in  the  first  instance,  to  invite  communications,  in 
relation  to  suitable  sites  for  the  location  of  the  institu- 
tion, the  supply  of  materials,  and  the  estimated  expense 
of  building.  Without  these  aids,  it  would  have  been 
extremely  difficult  to  come  to  the  knowledge  of  many 
eligible  situations,  and,  from  a  competition  in  offers,  to 
obtain  the  best  proposals  for  the  government.  As  soon  as 
time  had  been  allowed  for  this  preliminary  information, 
a  committee  of  the  executive  council  were  charged 
with  making  personal  examinations  of  all  such  proposed 
places  as  seemed  favourable  for  the  object,  and  which 
fell  within  a  circuit,  sufficiently  central,  to  satisfy  the 
direction  given  by  the  legislature.  More  than  thirty 
sites  have  been  thus  visited,  the  terms  upon  which  they 
can  be  obtained  generally  ascertained,  and  the  inquiries 
made,  which  are  necessary  to  a  just  comparison  of  the 
advantages,  which  they  respectively  offer.  In  many  in- 
stances, the  quantity  of  land  which  may  be  wanted,  and 
in  some  cases,  additional  contributions,  have  been  prof- 
fered to  the  government,  as  inducements  to  a  preference 
for  particular  localities.  It  remains  yet,  to  arrive  at  a 
satisfactory  decision  upon  the  question.  This  cannot 
but  demand  the  exercise  of  a  cautious  and  deliberate 
judgment.  In  such  establishments  the  cost  of  construc- 
tion is  not  most  to  be  regarded.  An  institution  which  is 
intended  to  endure  and  be  of  use  for  ages,  may  involve  in 
its  government  and  support,  considerations  of  far  great- 
er moment  than  the  mere  expense  of  all  its  fixtures. — 
Here  are  needed  pleasant  scenery,  clear  and  salubrious 
air,  a  market  for  supplies,  opportunity  for  medical  coun- 
sel and  for  constant  visitorial  inspection,  and  facilities 
of  access  and  communication  from   all  parts  of   the 


GOVERNOR'S  SPEECH.  387 

state.  These  circumstances,  in  connexion  with  a  due 
regard  to  economy  in  the  procurement  of  materials  and 
labour  for  the  erection  of  the  building,  will  now  govern 
in  determining  its  location.  I  have  confidence  in  assur- 
ing you,  that  this  will  not  be  unnecessarily  delayed. — 
The  appointment  of  commissioners  to  superintend  the 
structure  will  immediately  be  made,  and  with  the  con- 
tinued favor  of  the  government  towards  this  interesting 
design,  the  work  will  be  commenced,  and  may  yet  be 
brought  to  its  completion,  within  the  time  originally  an- 
ticipated, and  before  the  close  of  another  season. 

Pursuant  to  the  authority  contained  in  certain  re- 
solves of  the  3d  of  March  last,  a  gentleman,  distinguish- 
ed for  his  attainments  in  astronomical  and  mathematical 
science,  has  been  appointed  to  the  important  service  of 
"  making  a  survey  and  projecting  an  accurate  skeleton 
plan  of  the  state,"  in  the  manner  prescribed  by  the  leg- 
islature.    It  is  intended  to  cause  as  much  progress  in 
the  work,  the  present  season,  as  the  previous  engage- 
ments of  the  surveyor,  and  the  delays  occasioned  by  ne- 
cessary preparatory  arrangements  will  allow.     I  deem  it 
proper,  however,   to  apprize  you,  that  to  execute  the 
plan  of  a  survey,  in  the  accurate  and  thorough   manner 
proposed  by  the  resolves,  (and  to  do  it  otherwise  would 
be  little  worth)  the  appropriation  which  has  been  made, 
will  be  altogether  insufficient.     There  is  hardly  a  more 
desirable   public  object  than  the  possession  of  a  good 
map  of    the    Commonwealth.     Massachusetts,    to   her 
discredit  in  this  particular,  is  far  behind  most  of  her 
sister  states.     The   deficiency  has  been  long  felt  and 
loudly  complained  of.     The  most  recent  map  of  her 
appropriate  and  exclusive  territory  on  a  proper  scale, 
was  but  an  imperfect  compilation,  from  incorrect  and 


388  GOVERNOR'S  SPEECH. 

incongruous  materials,  made  many  years  since,  and  now 
scarcely  in  use.  The  convenience,  both  to  the  public 
and  to  individuals,  of  an  original  and  accurate  draft 
from  astronomical  observations,  and  precise  mathemati- 
cal results,  must  far  outweigh  any  considerations  of 
necessary  expense,  which  it  may  occasion.  Faithfully 
executed,  it  will  be  of  abiding  value.  The  great  out- 
lines of  boundary  are  now  permanently  established,  and 
there  probably  will  be  few  alterations  in  minor  divisions, 
to  affect  the  general  accuracy  of  the  delineation,  in  fu- 
ture. 

I  beg  leave  to  suggest  to  your  consideration,  the  util- 
ity of  connecting  with  the  geographical  surveys,  an  ex- 
amination of  the  geological  features  of  the  state,  with 
a  view  to  the  exhibition  of  them  on  the  map.  Much 
knowledge  of  the  natural  history  of  the  country  would 
thus  be  gained,  and  especially,  the  presence  of  valuable 
ores,  with  the  localities  and  extent  of  quarries,  and  of 
coal  and  lime  formations,  objects  of  inquiry  so  essential 
to  internal  improvements,  and  the  advancement  of  do- 
mestic prosperity,  would  be  discovered,  and  the  posses- 
sion and  advantages  of  them  given  to  the  public.  I  am 
assured,  that  much  has  already  been  gratuitously  done, 
by  some  eminent  professors  in  our  colleges,  towards  the 
accomplishment  of  such  a  work,  and  that,  at  little  ex- 
pense, it  might  be  completed,  and  the  fruits  of  their 
generous  labors  thus  far,  be  secured  to  the  State.  This, 
however,  will  require  the  interposition  of  your  authority 
in  increasing  the  present  appropriation,  and  permitting 
an  application  of  it,  so  far  as  may  be  necessary,  in  the 
exercise  of  a  sound  discretion,  to  the  end  proposed. 

By  a  communication  from  the  Governor  of  Maine,  I 
have  been  officially  advised  of  the  proceedings  of  the 


GOVERNOR'S  SPEECFl.  389 

legislature  of  that  State  in  making  adequate  provision 
for  the  completion,  in  the  course  of  the  present  season, 
of  that  part  of  the  Canada  Road,  so  called,  which  is 
north  of  the  Bingham  Purchase,  and  which  is  designed 
to  open  a  carriage  conveyance  through  the  public  lands, 
to  the  neighbouring  Province,  and  to  the  city  of  Que- 
bec. Massachusetts  having  heretofore  appropriated  the 
proceeds  of  the  sale  of  a  township  of  land  towards  this 
work,  upon  condition  that  the  State  of  Maine  would 
cause  the  road  to  be  finished  by  the  first  of  November 
next,  it  will  be  seen  with  peculiar  satisfaction,  that  al- 
though the  expense  to  the  latter  government  has  been 
more  than  twofold  the  estimated  cost,  it  has  been 
promptly  provided  for,  and  the  accomplishment  of  the 
object  secured,  within  the  limited  time.  This  public 
improvement  will  add  much  to  the  value  of  the  property 
which  the  Commonwealth  yet  retains  in  the  lands  in 
Maine. 

Accompanying  the  documents  relating  to  the  last 
mentioned  subject,  the  Governor  also  transmitted  a 
copy  of  a  resolve  of  the  legislature  of  the  State,  ex- 
pressing "  a  deep  sense  that  the  people  of  that  State 
"  entertain  of  the  justice  of  the  claim  made  by  the 
*'  Commonwealth  of  Massachusetts,  on  the  government  of 
"  the  United  States,  for  the  services  of  the  militia  in  defend- 
*'  ing  the  Commonwealth  (then  including  the  territory  of 
"  Maine)  from  invasion,  as  well  as  for  the  services  rendered 
"  on  well  founded  apprehension  of  invasion,  during  the 
"  last  war" ;  and  requesting  the  senators  and  represen- 
tatives in  Congress  from  the  State,  "  to  use  their  best 
"  endeavours  to  obtain  an  immediate  provision  by  Con- 
"  gress  for  the  payment  of  such  portion  of  the  claim, 
"  as  is  now  admitted  to  be  due,  upon  the  rules  and  reg- 
51 


390  GOVERNOR'S  SPEECH. 

"  ulations,  wliich   have  been  applied  to  the   adjustment 
"  of  similar  claims  from  other  States." 

I  regret  tiie  occasion  now  to  say,  that  notwithstand- 
ing the  united  representations  and  appeals  of  both 
States,  the  clear  and  unquestionable  character  of  the 
claim,  the  zealous  and  unremitted  efforts  to  obtain  its 
allowance,  the  full  and  explicit  admissions  of  its  justice, 
in  reports  by  different  committees  of  the  House  of 
Representatives,  and  recently  by  a  solemn  act  of  the 
Senate  in  the  passage,  without  division,  of  a  bill  provi- 
ding in  part  for  its  payment,  we  are  like  to  suffer  still 
further  most  injurious  delays  in  its  settlem.ent.  The 
House  of  Representatives,  at  the  last  dates  from  Wash- 
ington, had  not  acted  upon  the  bill  from  the  Senate,  and 
there  is  scarce  ground  for  hope,  that  if  it  was  to  become 
a  matter  for  debate,  it  would  be  moved  in  the  closing 
days  of  the  session.  When  the  disposition  which  shall 
be  made  of  it,  is  ascertained,  and  opportunity  had  to 
learn  from  the  delegation,  the  measures,  if  any,  which 
the  interest  of  the  Commonwealth  requires,  I  may  find 
cause  to  ask  your  indulgence  in  permitting  me  again, 
and  with  more  particularity,  to  present  the  subject  to 
your  attention. 

Resolutions  of  the  legislature  of  the  State  of  Ohio, 
declaring  the  sense  of  that  assembly,  "  That  the  Tariff 
"  of  eighteen  hundred  and  twenty-eight  accords  with 
"  the  spirit  of  the  constitution  of  the  United  States,  and 
"  that  it  maintains  the  true  principles  of  protection  to 
"  the  industry  of  the  country  against  foreign  policy  and 
"legislation;"  and  resolutions  of  like  import,  adopted 
by  the  general  assembly  of  the  State  of  Delaware,  have 
been  forwarded  to  mc,  to  be  laid  before  the  legislature 
of  this  Commonwealth. 


GOVERNOR'S  SPEECH.  391 

There  are  several  subjects  of  important  public  bear- 
ing, upon  which  I  intentionally  abstain  from  addressing 
you,  at  the  present  time.  On  former  occasions,  I  have 
spoken  of  them  freely,  and  in  the  manner  which  a  sense 
of  duty  seemed  to  require.  They  relate  to  measures 
for  the  encouragement  and  promotion  of  internal  im- 
provement, permanent  provision  for  an  adequate  reve- 
nue, and  a  revision  and  amelioration  of  the  laws  con- 
cerning imprisonment  for  debt.  These  subjects  have 
become  familiar  to  public  consideration.  They  have 
lost  none  of  their  interest  from  any  change  of  circum- 
stances, or  by  the  lapse  of  time,  and  in  the  acceptable 
season,  I  doubt  not,  they  will  receive  a  favourable  deter- 
mination. 

LEVI  LINCOLN. 


392  MESSAGE. 


CHAP.  I. 

To  the  Honorable  Senate,  and 

House  of  Representatives. 

The  Secretary  of  the  Commonwealth  is  charged  with 
delivering,  to  the  two  branches  of  the  legislature,  the  doc- 
uments referred  to  in  the  Communication  which  I  had 
the  honor  to  address  to  them  in  Convention,  this  morning. 

LEVI  LINCOLN. 
Council  Chamber,  May  29,  1 830. 


CHAP.  II. 

To  the  Honorable  Senate,  and 

House  of  Represe7itatives. 

The  Inspectors  of  the  State  Prison  have  forwarded  to 
me  a  report,  prepared  in  pursuance  of  a  resolve  of  the 
4th  of  March  last,  directing  their  attention  to  inquiries 
on  the  subject  of  providing  a  place  of  employment  for 
discharged  convicts,  with  a  view  to  furnishing  them  with 
means  of  subsistence,  and  by  encouraging  them  to 
voluntary  labor,  securing  their  permanent  reformation. 
The  report,  which  is  unfavourable  to  the  probable  suc- 
cess of  a  separate  establishment  by  the  state,  for  this 
purpose,  from  a  variety  of  facts  and  considerations, 
which  are  forcibly  presented,  is  specitilly  intended  for 
the  information  of  the  legislature,  and,  in  compliance 
with  a  request  of  the  Chairman  of  the  Board  of  Inspec- 
tors, is  herewith  transmitted  for  your  notice. 

LEVI  LINCOLN. 
Council  Chamber,  May  31,  1830. 


MESSAGE.  393 


CHAP.  III. 

To  the  Honorable  Senate,  arid 

House  of  Representatives. 

By  a  communication  from  the  Honorable  Chief  Jus- 
tice of  the  Supreme  Judicial  Court,  my  attention  has 
been  directed  to  the  statutes  of  the  Conmionvvealth,  by 
Avhich  the  terms  of  that  court  are  to  be  held,  the  ensu- 
ing fall,  in  the  counties  of  Bristol  and  Essex.  It  hap- 
pens, the  present  year,  that  the  time  fixed  by  law  for 
holding  the  court  in  the  first  mentioned  county,  falls  on 
the  same  day  with  the  appointed  time  for  the  law  term, 
in  the  latter ;  the  Tuesday  next  preceding  the  third 
Monday  of  November,  and  the  sixth  Tuesday  after  the 
fourth  Tuesday  of  September,  by  which  mode  of  the 
computation  of  time,  the  commencement  of  those  terms 
respectively  is  to  be  ascertained,  being,  in  the  calendar 
of  this  year,  identical.  The  consequence  must  there- 
fore necessarily  be,  either  an  adjournment  of  one  or 
the  other  of  those  terms,  or  the  absence  of  one  of  the 
Justices  of  the  court  from  the  sittings  at  Salem.  It  is 
undoubtedly  the  intention  of  the  government,  that  the 
hearing  of  causes,  in  the  last  resort,  upon  important 
questions  of  law,  and  on  the  most  solemn  issues,  should, 
at  all  times,  be  had,  before  the  whole  Bench  of  Judges, 
and  the  known  pendency  of  cases  of  the  deepest  interest 
to  the  community,  as  well  as  to  individuals  in  Essex, 
renders  it  peculiarly  important  that  this  should  be  within 
the  power  of  the  court,  at  the  next  term,  in  that  coun- 
ty. I  therefore  beg  leave  to  recommend  to  the  legisla- 
ture, the  expediency  of  so  changing  the  time  for  holding 
the  courts,  in  the  aforementioned  counties,  as  that  the 
term  in  Bristol  may  not  hereafter  interfere  with  the  de- 
sirable attendance  of  all  the  Judges  at  the  fall  term  in 
Essex. 

LEVI  LINCOLN 
Council  Chamber,  June  3,  1830. 


394  /     MESSAGE. 


CHAP.  IV. 

To  the  Honorable  Senate^  and 

House  of  Representatives. 

It  becomes  my  duty  to  inform  the  two  Branches  of 
the  Legislature,  that  a  vacancy  has  been  created  in  the 
command  of  the  sixth  division  of  the  militia,  by  the  re- 
signation and  honorable  discharge  of  Major  General 
Franklin  Gregory. 

LEVI  LINCOLN. 

Council  Chamber,  June  3,  1 830. 


CHAP.  V. 

To  the  Honorable  Senate,  and 

House  of  Representatives. 

I  have  the  high  satisfaction  of  officially  informing 
you,  that  I  am  advised  of  the  passage  of  a  law,  by 
Congress,  making  provision  for  the  settlement  and  pay- 
ment, in  part,  of  the  claim  of  Massachusetts  against  the 
United  States,  for  the  services  of  the  militia,  during  the 
last  war.  An  authenticated  copy  of  the  act  has  not 
reached  me,  but  it  is  understood  to  be  the  same  as  pub- 
lished in  the  papers  of  the  day.  It  is  most  justly  due 
from  me  to  our  delegation  in  both  Houses,  to  add,  that, 
to  their  watchful  care  and  attention,  and  faithful  and 
devoted  efforts,  at  all  times,  and  in  whatever  manner 
they  might  promise  to  be  effectual,  and  to  their  patience, 
prudence  and  wisdom,  in  improving  proper  opportuni- 
ties for  pressing  the  subject  upon  the  just  consideration 
of  Congress,  the  State  is  in  a  great  degree  indebted  for 
that  measure  of  right,  late  and  imperfect  as  it  is,  which 
even  now  has  been  accorded  to  her. 


MESSAGE.  395 

The  law  which  is  passed,  refers  back  the  claim  for 
examination  and  allowance  to  the  Treasury  department, 
under  instructions  from  the  Secretary  of  War.  1  am 
not  yet  informed,  and  it  may  not  be  in  my  power  to 
learn,  before  tlie  adjournment  of  the  legislature,  how 
far  it  will  be  required  of  the  State  to  enter  into  a  revi- 
sion of  the  accounts,  which  have  heretofore  been  audi- 
ted, and  to  discuss  the  principles,  upon  which,  under 
the  provisions  of  the  act,  we  shall  be  entitled  to  pay- 
ment. If  the  charges,  v/ith  the  mass  of  documentary 
evidence  in  their  explanation,  and  the  multifarious 
vouchers  to  their  support,  are  again  to  be  particularly 
examined,  it  must  require  much  time,  and  will  render 
necessary  the  employment  of  an  agent,  on  the  part  of 
the  Commonwealth,  who  is  lamiliar  with  the  papers,  and 
may  give  to  them  their  j)roper  application.  With  the 
services  of  such  an  agent,  it  may  be  found  expedient  to 
connect  the  talents  and  attention, of  some  other  gentle- 
man, who  shall  more  particularly  be  relied  upon  to  urge 
the  principles  of  allowance  in  favor  of  the  claim,  and 
to  meet  and  obviate  objections,  should  any  be  opposed, 
to  the  admission  of  the  items,  or  to  the  sufficiency  of 
the  evidence,  which  is  adduced  in  their  support.  The 
final  settlement  of  the  accounts  may  thus  also  be  great- 
ly expedited,  and  the  payment  of  the  money  more 
promptly  obtained,  without  greater  cost  ultimately  to 
the  State  in  the  agency. 

The  resolve  of  the  legislature,  w^hich  is  now  in  force 
on  the  subject,  warrants  the  appointment  by  the  Execu- 
tive of  but  a  single  agent.  From  the  considerations 
before  suggested,  I  now  respectfully  recommend,  that 
provision  should  be  made  for  the  employment  of  an  ad- 
ditional one,  if,  upon  the  advice  of  the  Executive  Coun- 
cil, it  shall  be  judged  useful;  or  otherwise,  that  the  for- 
mer resolve  should  be  so  far  modified,  as  to  authorize 
the  principal  agent  to  employ,  under  him,  such  assis- 
tants or  clerks,  as  in  his  judgment  the  interest  of  the 
State,  in  the  prompt  and  satisfactory  accomplishment  of 
the  business  before  the  department,  may  render  neces- 


396  EZRA  TRULL. 

sary ;  and  that  the  appropriation  for  this  purpose  should 
be  increased. 

LEVI  LINCOLN. 

Council  Chamber,  June  4,  1830. 


CHAP.  VL 

Resolve  on  the  petitmi  of  Ezra   Trull. 
June  5,  1830. 

On  the  petition  of  Ezra  Trull,  of  Boston,  in  the  Coun- 
ty of  Suffolk,  guardian  of  Eliza  Ann  Castin,  a  minor, 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
the  said  Ezra  Trull,  be  and  he  hereby  is  authorized  and 
empowered  by  his  deed,  duly  executed,  acknowledged 
and  recorded,  to  convey  to  John  Sullivan  of  said  Bos- 
ton, merchant,  his  heirs  and  assigns,  all  the  right,  title 
and  interest,  which  the  said  Eliza  Ann  Castin  hath  in 
and  to  a  certain  tract  of  land  situate  in  said  Boston, 
with  the  appurtenances,  which  John  Cheverus  conveyed 
to  her  by  deed,  bearing  date  the  seventh  day  of  March, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixteeen,  and  which  said  Cheverus,  by  his  attorney, 
afterwards  conveyed  to  said  Sullivan  by  deed  bearing 
date,  the  fourth  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  twenty-five  :  Provided, 
that  the  said  Cheverus,  his  heirs,  or  legal  representa- 
tives, or  his  duly  authorized  attorney,  shall  first  convey, 
by  a  good  and  sufficient  deed,  to  the  said  Eliza  Ann 
Castin,  her  heirs  and  assigns,  one  undivided  half  of  a 
certain  other  tract  of  land  with  the  appurtenances,  sit- 
uate in  said  Boston,  bounded  easterly  by  the  land  above 
mentioned,  and  of  which  the  said  Cheverus  formerly 
conveyed  one  undivided  half  to  Henry  Wright. 


JOHN  S.  TYLKR.  397 

CHAP.  VII. 

Resolve  on  the  petition  of  John  S.  Tyler, 
June  5,  1830. 

On  the  petition  of  John  S.  Tyler,  of  Boston,  in  the 
county  of  Suffolk,  gentleman,  in  his  capacity  of  guar- 
dian to  his  brothers,  George  P.  Tyler,  Charles  T.  Ty- 
ler, Thomas  P.  Tyler,  and  Abiel  W.  Tyler,  minors,  under 
the  age  of  twenty-one  years,  children  of  Royall  Tyler, 
Esq.  deceased,  and  dwelling  in  Brattleborough,  in  the 
State  of  Vermont ; — 

Resolved,  For  reasons  in  said  petition  set  forth,  that 
the  said  John  S.  Tyler,  as  guardian  as  aforesaid,  be  and 
he  hereby  is  authorized  and  empowered  to  make,  sign, 
seal  and  deliver,  and  duly  acknowledge  one  or  more 
deed  or  deeds,  wherein  and  whereby  to  alien,  bargain, 
sell  and  convey  unto  Samuel  Hammond,  of  said  Bos- 
ton, merchant,  all  the  legal  title,  interest  and  estate  of » 
said  minor  children,  in  and  to  their  respective  shares  as  ten- 
ants in  common  with  other  children  of  said  Royall  Tyler, 
Esq.  in  certain  lands  and  tenements,  situate  in  said  13os- 
ton,  and  bounded  and  described  as  follows,  viz : — Two 
thirds  of  a  parcel  of  land  included  in  these  lines — be- 
ginning at  a  point  which  is  forty-eight  feet  southerly 
from  Ann  Street,  and  in  the  boundary  line  between  an 
estate  formerly  of  Joseph  Tyler,  now  of  Nathaniel 
Faxon,  and  the  estate  formerly  of  Royall  Tyler,  and 
from  said  point  running  eastwardly  twenty-eight  feet 
six  inches,  by  the  southwardly  boundary  of  the  estate 
conveyed  by  Royall  Tyler  to  William  Scollay,  May  8, 
1800,  to  a  point  on  Conduit  Alley,  in  the  west  side 
thereof,  and  which  point  is  distant  from  Ann  Street  fifty 
feet  two  inches,  and  from  said  last  m-entioned  point, 
running  southwardly  on  the  west  line  of  Conduit  Alley 
twenty-two  feet,  then  westwardly  twenty-six  feet  nine 
inches,  to  a  point  twenty-two  feet  distant  southwardly 
52 


398  JOHN  S.  TYLER— PAY  OF  MEMBERS. 

from  the  point  begun  at,  and  in  the  same  boundary  line 
first  mentioned,  and  thence  northwardly  by  said  boun- 
dary line  twenty-two  feet,  to  the  point  begun  at ;  of 
which  two  undivided  third  parts  said  minor  children  are 
in  said  petition  stated  to  be  seized  and  entitled  to  four 
undivided  tenth  parts,  or  to  one  undivided  tenth  part 
each. 

Provided  ahvays,  that  before  the  said  John  S.  Tyler, 
as  such  Guardian,  shall  execute  any  deeds  pursuant  to 
the  authority  hereby  given,  he  shall  make  and  execute 
in  due  form  of  law,  a  bond  with  sufficient  sureties  or 
surety  (to  the  acceptance  of  the  Judge  of  Probate  of 
the  County  of  Suffolk)  to  the  said  Judge,  in  such  pen- 
alty as  the  said  Judge  may  require,  with  condition  that 
the  said  John  S.  Tyler  shall  well  and  truly  account  for 
the  purchase  money  which  he  may  receive  as  the  con- 
sideration for  the  conveyance  of  the  said  shares  of  said 
minors,  and  which  condition  shall  be  in  the  like  form 
which  is  required  by  law,  and  to  the  same  effect  as  when 
Guardians  are  empowered  by  the  Judicial  Courts  to 
make  sale  of  the  real  estate  of  minors. 


CHAP.  vni. 

Resolve  for  the  pay  of  the  Council,  Senate,  and  House  of 
Representatives. 

June  5,  1830. 

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  attendance  as  such,  the  present  political 
year,  and  the  like  sum  of  two  dollars,  for  every  ten 
miles  travel  from  their  respective  places  of  abode,  once 
in  each  session,  to  the  place  of  the  sitting  of  the  Gen- 


BORROW  MONEY.  399 

eral  Court :  and  also  to  each  member  of  the  Council, 
two  dollars,  for  each  day's  attendance  at  that  board,  at 
every  session  thereof,  during  the  present  political  year, 
and  the  like  sum  of  two  dollars,  for  every  ten  miles 
travel  from  their  respective  places  of  abode,  once  in 
each  session  thereof:  and  to  the  President  of  the  Sen- 
ate and  Speaker  of  the  House  of  Representatives,  each, 
two  dollars,  for  each  and  every  day's  attendance,  in  ad 
dition  to  their  pay  as  members. 


CHAP.   IX. 

Resolve  authorizing  the  Treasurer  to  borrow  money, 

June  5,  1830. 

Resolved^  That  the  Treasurer  of  this  Commonwealth 
be,  and  he  is  hereby  authorized  and  directed,  to  borrow, 
of  any  of  the  banks  of  this  Commonwealth,  or  any  cor- 
poration therein,  or  of  any  individual  or  individuals, 
such  sum  or  sums,  as  may,  from  time  to  time,  be  ne- 
cessary, for  the  payment  of  the  ordinary  demands  on 
the  Treasury,  at  any  time  before  the  next  session  of  the 
present  General  Court ;  and  that  he  pay  any  sum  he 
may  borrow,  as  soon  as  money  sufficient  for  the  pur- 
pose, and  not  otherwise  appropriated,  shall  be  received 
in  the  Treasury.  Provided,  however,  that  the  whole 
amount  borrowed  by  authority  hereof,  and  remaining 
unpaid,  shall  not,  at  any  time,  exceed  the  sum  of  one 
hundred  and  twenty  thousand  dollars. 


400    JOSEPH  B.  FELT— PAY  FOR  INDEXES, 

CHAP.  X. 

Resolve  on  the  petition  of  Joseph  B.  Felt. 

June  5,  1830. 

Resolved,  For  the  reasons  set  forth  in  said  petition,  that 
there  be  deUvered  from  the  Hbrary  of  the  General  Court 
to  Joseph  B.  Felt,  such  copies  of  the  General  Court 
records  as  are  now  deposited  in  the  said  Library  :  Pro- 
vided, that  he  shall  be  authorized  to  receive  only  one 
volume  at  a  time,  that  each  volume  shall  be  returned  in 
good  condition,  within  one  month  from  the  time  of  the 
delivery,  and  that  at  the  time  of  the  delivery  he  shall 
give  to  the  Librarian  his  receipt  therefor. 


CHAP.  XL 

A  Resolve  in  relation  to  the  pay  for  making  Indexes  to  the 
Journal  of  the  Senate. 

June  5,  1830. 

Resolved,  That  so  much  of  the  Resolve  of  this  Com- 
monwealth, passed  on  the  third  day  of  March,  one 
thousand  eight  hundred  and  twenty-nine,  as  relates  to 
compensation  for  services  to  be  rendered  in  making  in- 
dexes to  the  volumes  of  the  Journal  of  the  Senate,  be, 
and  the  same  is  hereby  repealed. 


MASSACHUSETTS  CLAIM— JOHN  V.  LOW.    401 

CHAP.  xn. 

Resolve  on  the  Massachusetts  Claim. 
June  5,  1830. 

Resolved,  That  His  Excellency  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Council,  be,  and  he 
hereby  is  authorized  to  appoint  an  agent  or  agents,  or 
to  cause  clerks  to  be  employed,  to  perform  such  services 
as  may  be  necessary,  in  the  adjustment  of  the  claim  of 
this  Common  wealth  upon  the  United  States  for  militia 
services,  rendered  during  the  last  war. 

Resolved,  that  the  sum  of  three  thousand  dollars,  in 
addition  to  the  sum  of  one  thousand  dollars,  appropria- 
ted by  the  Resolve  passed  on  the  twenty-sixth  day  of 
June,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  twenty-six,  be,  and  the  same  is  hereby  appro- 
priated, to  defray  any  expenses,  which  may  be  incurred, 
in  the  adjustment  of  said  claim  ;  and  that  his  Excellency 
the  Governor,  with  the  advice  and  consent  of  the  Coun- 
cil, be,  and  he  hereby  is  authorized  to  draw  his  warrant 
on  the  Treasury  accordingly. 


CHAP.  XIII. 

Resolve  for  pay  of  John  V.  Low. 

June  5,  1830. 

Resolved,  That  there  be  allowed  and  paid,  from  the 
Treasury  of  this  Commonwealth,  to  John  V.  Low,  as- 
sistant messenger  to  the  Governor  and  Council,  two 
dollars  per  day,  for  each  and  every  day  he  has  been  or 
may  be  employed  in  that  capacity  during  the   present 


402  PAY  OF  CLERKS. 

session  of  the  Council,  and  His  Excellency  the  Gover- 
nor, with  the  advice  and  consent  of  Council,  is  author- 
ized and  requested  to  drav^^  his  warrant  on  the  Trea- 
sury accordingly. 


CHAP.  XIV. 

Resolve  providing  for  the  pay  of  Clerks  of  the  Senate. 

June  5,  1830. 

Resolved,  That  there  be  paid,  out  of  the  Treasury  of 
this  Commonwealth,  to  the  clerk  of  the  Senate,  eight 
dollars  per  day,  and  to  the  assistant  clerk  of  the  Senate, 
six  dollars  per  day,  for  each  and  every  day  they  have 
been  or  may  be  employed  in  that  capacity,  during  the 
present  session  of  the  General  Court  ;  and  that  his  Ex- 
cellency the  Governor  be  requested  to  draw  his  warrant 
on  the  Treasurer  accordingly. 


CHAP.  XV. 

Resolve  providing  for  the  pay  of  the  Clerk  of  the  House 
of  Representatives. 

June  6,  1830. 

Resolved,  That  there  be  paid,  out  of  the  Treasury  of 
this  Commonwealth,  to  the  clerk  of  the  House  of  Rep- 
resentatives, six  dollars  per  day,  for  each  and  every  day's 
attendance  since  he  has  been  employed  in  that  capacity, 
during  the  present  session  of  the  General  Court ;  and 
the  additional  sum  of  four  dollars,  for  each  and  every 


JACOB  KUHN— PAINTING  STATE  HOUSE.    403 

day  he  may  have  been  so  employed,  in  consideration  of 
his  performing  the  whole  clerical  duty  of  the  House  ; 
and  the  Governor  is  requested  to  draw  his  warrant  ac- 
cordingly. 


CHAP.  XVI. 

Resolve  for  pay  of  Jacob  Kuhn. 

June  5,  1 830. 

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, 
including  those  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,  the  sum  of  one 
thousand  dollars,  payable  quarter  yearly  ;  and  his  Ex- 
cellency the  Governor,  with  the  advice  of  Council,  is 
requested  to  draw  his  warrant  accordingly.  ^ 


CHAP.  XVH. 

A  Re  solve  providing  for  painting  a  part  of  the  State  House. 

June  5,  1830. 

Resolved,  That  His  Excellency  the  Governor  be  re- 
quested and  authorized  to  cause  the  entries  and  stair- 
cases leading  to  the  chambers  of  the  Legislative,  and 
Executive  departments,  to  be  painted  and  whitewashed, 


404    SURVEY  OF  THE  COMMONWEALTH, 

and  also,  to  whitewash  the  ceihng  of  the  Senate  Cham- 
ber, and  to  repair  the  ante  chamber,  next  adjoining  the 
room  occupied  by  the  Governor  and  Council,  and  that 
he  be  authorized  to  draw  his  warrant  on  the  Treasury 
for  the  amount  of  the  expenditure  in  the  improvement, 
not  exceeding  three  hundred  and  fifty  dollars. 


CHAP.  xvni. 

Resolve  authorizing  further  appropriations  for  a  Survey  of 
the  Commonwealth. 

June  5,  1830. 

Resolved,  That  His  Excellency  the  Governor,  by  and 
with  the  advice  of  the  Council,  be,  and  he  hereby  is 
authorized  to  draw  his  warrant,  from  time  to  time,  upon 
the  Treasurer  of  the  Commonwealth,  for  any  sum  or 
sums,  not  exceeding  five  thousand  dollars,  in  addition 
to  the  sum  heretofore  appropriated,  which  may  be  ne- 
cessary to  carry  more  fully  into  effect  the  Resolves  au- 
thorizing the  appointment  of  a  surveyor,  to  make  a 
general  survey  of  the  Commonwealth,  passed  on  the 
third  day  of  March  last :  Provided,  said  survey  shall  be 
made  in  such  manner,  and  upon  such  principles,  as  the 
Governor  and  Council  may  direct  ;  any  thing  in  the 
Resolves  above  referred  to  to  the  contrary  notwithstand- 
ing. 

Resolved,  That  His  Excellency  the  Governor,  by  and 
with  the  advice  of  the  Council,  be,  and  he  is  hereby 
authorized  to  appoint  some  suitable  person,  to  make  a 
Geological  examination  of  the  Commonwealth,  in  con- 
nection with  the  general  survey,  in  order  that  the  same 
may  be  inserted  on  the  map  which  may  be  published, 
and  he  is  authorized  to  apply  such  portion  of  the  sum 
herewith  appropriated,  not  exceeding  one  thousand  dol- 
lars, as  may  be  necessary  for  the  accomplishment  of 
this  object. 


FUEL,  &c.— PAY  OF  COMMISSIONERS.     405 

CHAP.  XIX. 

Resolve  to  provide  Fuel,  ^c, 
June  5,  1830. 

Resolved,  That  there  be  paid  out  of  the  Treasury  of 
this  Commonwealth,  to  Jacob  Kuhn,  Messenger  of  the 
General  Court,  the  sum  of  one  thousand  dollars,  to  ena- 
ble him  to  purchase  fuel  and  such  other  articles,  as  may 
be  necessary  for  the  use  of  the  General  Court,  Council 
Chamber,  the  Secretary's,  Treasurer's,  Adjutant  Gene- 
ral's, and  Quarter  Master  General's  offices,  and  also  for 
the  Land  office ;  he  to  be  accountable  for  the  expendi- 
ture of  the  same. 


CHAP.  XX. 

A  Resolve  for  paying  the  Commissioners  appointed  to  hear 
the  Trustees  of  the  Charity  of  Edward  Hopkins,  and 
the  Tenants  who  hold  lands  under  the  said  trust,  for 
their  services  and  expenses. 

June  5,  1830. 

Resolved,  That  there  be  paid,  out  of  the  Treasury  of 
this  Commonwealth,  to  the  Hon.  Solomon  Strong,  the 
sum  of  fifty-three  dollars  and  forty-eight  cents,  and  to 
the  Hon.  Nathan  Brooks,  the  sum  of  thirty-four  dollars 
and  sixty  cents,  in  full  for  their  services  and  expenses  as 
Commissioners,  under  the  Resolve  of  the  Legislature  of 
the  eleventh  of  March  last,  to  hear  the  Trustees  of  the 
Charity  of  Edward  Hopkins,  and  the  tenants  of  the 
lands  held  under  said  Trustees,  in  the  towns  of  Hop- 
kinton  and  Upton,  and  making  a  report  thereon  at  the 
present  session. 
63 


406  BANKS. 

Resolved,  That  His  Excellency  the  Governor,  by  and 
with  the  advice  and  consent  of  Council,  be,  and  he 
hereby  is  authorized  to  draw  his  warrant  on  the  Trea- 
sury for  the  above  mentioned  sums. 


CHAP.  XXI. 

Resolve  authorizing  the  appointment  of  Commissioners  to 
inquire  into  the  condition  of  Banks. 

June  7,  1830. 

Resolved,  That  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Council,  be,  and  he  is  hereby  au- 
thorized and  required  to  appoint  three  suitable  persons, 
as  Commissioners,  for  each  County  in  this  Commonwealth, 
in  which  there  may  be  any  bank  or  banks,  whose  duty  it 
shall  be  to  examine  into  the  condition  of  the  banks  in 
their  respective  counties,  in  such  manner,  and  to  such 
extent,  as  will  enable  them  to  report,  whether,  in  their 
judgment,  the  charters  of  the  banks  so  examined  may 
be  renewed  or  extended,  consistently  with  the  pub- 
lic security,  and  if,  in  any  particular  case,  they  should 
deem  it  inexpedient  for  the  Legislature  to  extend  any 
particular  charter  or  charters,  then  to  report  a  detailed 
statement  of  the  facts  upon  which  their  opinion  is  foun- 
ded. And  it  shall  be  their  duty  to  seal  up  their  reports 
respectively,  and  make  returns  thereof  to  the  Secreta- 
ry of  the  Commonwealth,  ten  days  at  least  before  the 
third  Wednesday  of  January,  1831.  Provided,  however, 
that  one  of  said  Commissioners,  to  be  appointed  for 
any  county,  shall  not  be  an  inhabitant  of  the  county  in 
which  he  may  be  appointed  to  act. 

And,  for  the  purposes  of  such  examination,  said  Com- 
missioners shall  have  power  to  send  for  persons  and  pa- 
pers ;  and  they,  or  any  one  of  them,  are  hereby  empower- 


BANKS.  407 

ed  to  administer  an  oath  to  the  President,  Cashier,  or  to 
any  Director  of  any  bank,  to  make  true  answers  to  any 
interrogatories,  which  may  be  put  to  them,  or  any  of 
them,  touching  the  transactions  or  condition  of  their 
respective  banks. 


ROLL,  ]No.  103.... JUNE,  ]830. 


The  Committee  on  Accounts,  having  examined  the 
several  accounts  for  support  of  State  Paupers  presented 
to  them,  Report, 

That  there  are  due  to  the  several  Corporations  and 
persons  hereinafter  mentioned,  the  sums  set  to  their 
names  respectively,  which,  vi^hen  allowed  and  paid,  will 
be  in  full  discharge  of  said  accounts,  to  the  dates  there- 
in mentioned. 

By  order  of  said  Committee, 

ELIHU  HOYT,  Chairman. 


PAUPER  ACCOUNTS. 

Abington,  for  support  of  Margaret  Jack,  An- 
tonio Julio,  and  Josiah  Thompson,  to  June 
2,  1830.  $35  22 

Adams,  for  support  of  Chester  Dean,  Phila 
Hill,  Robert  Harris,  Sarah  Goodrich,  Sarah 
Dodge,  Agnes  Mores,  Mary  Rice,  to  June 
1,  1830.  127  11 

Bridgewater,  for  support  of   John    Chestnut      , 
and  wife.  Amy  Ward,  Rachel,  a  coloured    / 
person,  and  Amy  Ward,  a  child,  to  May  28, 
1830.  63  88 

Belchertown,  for  support  of  Hannah  Levens, 
Susannah  Mclntire,  Joel  Lillie,  and  Lucin- 
da  McKee,  a  child,  to  June  1,  1830.  .    69  01 


PAUPER  ACCOUNTS.  409 

Barnstable,  tor  support  of  John   Robinson,  to 

May  27,  1830.  13  50 

Beverly,  for  support  of  Dolly  Claxton,  Richard 
Dorain,  Catharine  Dorain,  Sally  Boyle, 
Catharine  Cameron,  Elizabeth  McGrevie, 
John  Knap,  Maria  Clark,  Mary  Dulem,  Paul 
Peterson,  James  Kennesy,  William  Johnson, 
Samuel  Winn,  Nabby  Winn,  John  McGre- 
gor, George  Beard,  Priscilla  Ford,  and  the 
following  children,  viz.  James  and  Alfred 
McGrevie,  Jos.  Cameron,  Benj.  Cameron, 
John  Clark,  William  Dulem,  Joanna  Winn, 
Alfred  Winn,  Mary  Winn.  Supplies  to  John 
Kelly,  to  June  1,  1830.  149  82 

Barre,  for  support  of  Elizabeth  Walker  till  her 
death,  Dinah  Bockee,  and  James  Davis,  a 
child,  to  May  25,  1830.  33  45 

Blandford,  for  support  of  John  H.  Durlam, 
Susan  Burdick,  and  Lettice  Brewster,  till 
her  death,  to  May  26,  1830.  134  60 

Boston,  for  support  of  sundry  paupers,  and 
supplies  furnished  by  Overseers,  to  June  1, 
1830.  1784  70 

Boston,  for  support  of  sundry  paupers  in  House 

of  Industry,  to  June  1,  1830.  6080  87 

Boston,  for  support  of  sundry  paupers  in 
House  of  Reformation  for  Juvenile  Ofi'en- 
ders,  to  June  1,  1830.  329  57 

Becket,  for  support  of  Elizabeth  alias  Ziba 
Hamblin,  Maria  Parker,  and  her  infant,  il- 
legitimate, coloured  child,  to  May  26,  1830.  46  00 
Clarksburg,  for  support  of  Naomi  Hill,  Mal- 
vina  Hill,  William  Hill,  Caroline  Hill,  a 
child,  James  Cook,  and  amount  allowed  for 
error  in  last  account,  to  June  1,  1830.  79  80 

Chester,  for  support  of  Ann  Butolph,  Jenny 

Hardy,  and  Benj.  Powers,  to  June  1,  1830.       140  40 
Cheshire,  for  support  of  Levi  Pierce,  Ephraim 
Richardson,   Noel    Randall,    Polly   Cooper, 
and  Molly  Dimond,  to  May  23,  1830.  91  80 


410  PAUPER  ACCOUNTS. 

Coleraine,  for  support  of  Peter  R.  Hart,  Bet- 
sy Hart,  Kate  Vanvaltenburg,  Lucy  Free- 
man, and  her  two  .illegitimate  children,  and 
Stephen,  illegitimate  child  of  Sally  Hart,  to 
May  24,  1830.  132  00 

County  of  Essex,  for  support  of  sundry  pau- 
pers in  the  House  of  Correction,  to  April 
13,  1830.  542  00 

Charlestown,  for  support  of  sundry  paupers,  to 

June  2,  1830.  2350  45 

Cummington,   for  support  of    Prester  Pierce, 

to  May  19,  1830.  93  60 

Canibridge,  for  support  of  sundry  paupers,  to 

June  2,  1830.  2161  80 

County  of  Suffolk,  for  support  of  sundry  pau- 
pers in  the  House  of  Correction,  to  March 
S^i,  1830.  '  358  81 

Daltob,  for  support  of  Richard  Hoose,  Molly 
Impose,  and  Charles  McKee,  a  child,  to  May 
20;  1830.  46  00 

Dia'hton,  for  support  of  Molly  Fish,  to  June  1, 

f§30.  19  35 

DraCift,  for  support  of  Moses  Freeman,  and 
the  wife  and  six  children  of  Robert  Casley, 
to  June  3,  1830.  '         81  46 

Deerfield,   for  support  of   sundry  paupers,  to 

June  1,  1830.  157  71 

Edgartown,  for  support  of  Emanuel   Salvars, 

to  June  1,  1830.  46  80 

East  Bridgewater,  for  support  of  Lucinda 
Nero,  Betty  Chase,  Nathaniel  Lawrence, 
Elihu  Stevens,  Robert  Seaver,  Asa  Min- 
galls,  Charlotte  Wood,  Meribah  Williams, 
Samuel  Wood,  Joseph  S.  Perry,  wife  and 
three  children,  to  May  27,  1830.  2.30  00 

Foxborough,  for  support  of  Caroline  G.  Howe, 

and  Susan  Rider,  to  May  21,  1830.  21   60 


PAUPER   ACCOUNTS.  411 

Fitchburg,  for  support  of  Thomas  Riley  till 

his  death.  15  88 

Great  Barrington,  for  support  of  Hannah  Wil- 
liams, Chauncey  Williams,  a  child,  and  Ches- 
ter, Christopher,  Mary,  Cornelius,  Elisha  J. 
and  Sarah  J.  children  of  said  Hannah  Wil-  ' 

liams,  James  Cole,  Daniel  Lynch,  Mary 
Hoose  till  her  death,  Joanna  Porter,  Lucy 
Porter,  Peter  Smith,  and  the  following  chil- 
dren, viz.  Edward  Wells,  Amarilla  Wells, 
William  Wells,  children  of  Ann  Wells,  to 
May  26,  1830.  '  173  55 

Granville,  for  support  of  Mary  Barden,  Sally 
Hart,  Samuel  Gallup,  and  funeral  expenses 
of  Chauncey  E.  Ford,  to  May  26,  1830.  53  60 

Gloucester,  for  support  of  Elizabeth  Dowsett, 
Anna  Youling,  Nancy  ^fouling,  Mary  You- 
ling,  a  child,  Elizabeth  Dade,  Betsy  Lang, 
Leah  Francis,  Betsy  Watkins,  Lydia  Wi- 
tham,  Betsy  Brooks,  John  Shaptoe,  Wilham 
Pressa,  Samuel  Youling,  Mark  Grimes, 
Benjamin  Laroque,  George  Gardner,  David 
Paul,  till  his  death,  to  June  1,  1830.  283  40 

Holliston,  for  support  of  Henry  Burley,  and 

John  B.  Ford,  to  June  1,  1830.  '  65  70 

Longmeadow,  for  support  of  Dorcas  Covel, 
till  her  death,  and  Rachel  Parker,  to  May 
20,  1830.  36  50 

Lee,  for  support  of  Sarah  Ross,  John  Marble 
and  wife,  Sarah  Bates,  and  John  Brumin, 
to  May  25,  1830.  75  60 

Lanesborough,  for  support  of  Eunice  Foot, 
Lucy  H.  Goman,  Mary  Squires,  Amos 
Dodge,  Mary  Dodge,  Amelia  Bennett,  Mary 
Van  Sickle,  and  the  following  children,  viz. 
Rufus  Dodge,  Louisa  Dodge,  John  Dodge, 
Lucinda  F.  Dodge,  Amanda  Lane,  John 
Stanborough,  Harriet  Stanborough,  to  May 
25,  1830.  196  00 


412  PAUPER  ACCOUNTS. 

Lenox,  for  support  of  McGraw,Edwarcl  Hurl- 
bert,  Samuel  Boid,  Jane  Austin,  Dayton 
Fuller,  Samuel  Bell,  Lucinda  Hurlbert,  Au- 
rilla  Hurlbert,  Samuel  Jackson,  Caroline 
Weaver,  Catharine  Hough,  John  Tinyke, 
till  his  death,  to  May  24,  1830.  162  78 

Leyden,  for  support  of  Arnold  Clarke,  Tacy 
Clark,  Ruth  Abel,  Joseph  Abel,  Hannah 
Cole,  Phillis  Young,  and  Jane  Golden,  to 
May  20,  1830.  118  00 

Montgomery,  for  support  of  Willard  Convers, 

and  Hannah  Boham,  to  June  1,  1830.  38  83 

Monson,  for  support  of  Mary  Allen,  Flora  Sto- 
rey, Roxana  Walhs,  Hannah  Brown,  Marilla 
Mclntire,  and  the  following  children,  viz. 
Benjamin  Wallis,  Dickinson  Wallis,  Lucinda 
Mclntire,  Darius  Mclntire,  and  Rufus  Mc 
Tntire,  to  May  1,  1830.  119  00 

Mendon,  for  support  of  Levi  Young,  John 
Agur,  Martha  Newell,  Joanna  Smith,  Althea 
Johns,  and  her  infant  child,  John  Gough  and 
wife,  and  John,  Sarah  and  James,  children 
of  said  John  Gough,  Ezra  Comstock,  and 
Andrew  Sloan,  a  child,  to  June  1,  1830.  313  37 

Milton,  for  support  of  James  Bowman,  Archi- 
bald McDonald,  John  J.  Myers,  George 
Hamilton,  a  child,  Mary  A.  Wright,  a  child, 
to  May  31,  1830.  "  46  80 

Medford,  for  support  of  Dorothy  Lyman,  Ly- 
dia  Brooks,  Martin  Brooks,  Harriet  Ann 
Brooks,  Elias  Brooks,  Sarah  Yarner,  and 
John  Yarner,  to  June  1,  1830.  408  60 

North  Brookfield,  for  support  of  Esther  John- 
son, to  May  17,  1830.  17  10 
Norton,  for  support  of  Moses  Shute,  to  May 

13,  1830.  17  10 

Newburyport,  for  support  of  sundry  paupers, 

to  June  1,  1830.  809  96 

Newbury,  for  support  of  Susannah  Stackpole 
and  two  children,  Mary   Mathews,    Docia 


PAUPER  ACCOUNTS.  413 

Francis,  and  child,  Charlotte  Mingo,  Sarah 
Broughton  and  two  children,  Thomas  Green, 
wife  and  three  children  of  Charles  Fields, 
Lemuel  Smith,  wife  and  three  children  of 
Thomas  Curtis,  Benjamin  Foss,  Dinah,  a  /.- 
black  woman,  wife  of  Daniel  Thomas,  Cath- 
arine Marshall  and  five  children,  Philip  But- 
ler, Thomas  Curtis,  William  McCarn,  Ira 
Thompson  till  his  death,  Moses  Cheney, 
Daniel  Thomas,  Samuel  Winn,  wife  and 
three  children,  William  Schwartz,  Huldah 
Slatters,  James  Hacket,  Moses  Knight, 
Elizabeth  McGreery  and  two  children,  Re- 
becca Ross  and  three  children.  Supplies  to 
Rebecca  Rogers  and  daughter,  and  widow 
Molly  Rogers,  to  June  1,  1830.  566  90 

New  Bedford,  for  support  of  sundry  paupers, 

to  June  1,  1830.  815  60 

New  Marlborough,  for  support  of  Jona.  Hill 

and  OHver  Warn,  to  May  29,  1830.  32  00 

Oakham,  for  support  of  Toby  Barker,  to  June 

1,  1830.  '  46  80 

Oxford,  for  support  of  Emory  Cummings,  a 

child,  to  June  1,  1830.  8  00 

Peru,  for  support  of  Robert  Burgess,  to  June 

1,  1830.  19  28 

Plymouth,  for  support  of  John  M.  Roap,  John 
Worthing,  James  Read,  Maria  Harrison,  to 
June  4,  1830.  61  20 

Pembroke,  for  support  of  Rhoda  Prince,  Mary 

Gifford,  and  Edward  Smith,  to  June  1,  1830.       48  60 

Pawtucket,  for  support  of  Jane  Donaldson  and 
child,  Catharine  Daly  and  child,  to  June  1, 
1830.  38  44 

Russell,  for  support  of  Mary  Hale  and  Nancy 
Hall,  daughters  of  John  Hale,  Sally  Har- 
rington, Mary  Newton,  John  Hale  till  his 
death,  to  May  27,  1830.  78  20 

Rowley,  for  support  of  William  Davis,  Orna 

54 


AU  PAUPER  ACCOUNTS. 

Davis,  William  O.  Bennett,  Louisa  Price, 
Jacob  Wheeler,  Michael  Delaney,  Mary 
Brown,  John  Webber,  James  Carnan,  John 
McLaughlin,  Maria  McLaughlin,  Elenory 
Hickory,  James  Hickey,  Clarissa  Brown, 
Mary  Brown,  John  McKenny,  Mary  Mc 
Kenny,  George  Beard,  John  Brown,  Paul 
Peterson,  Samuel  Foreacres,  Hannah  A. 
Smith,  Martin  Joy,  Margaret  Joy,  Patrick 
Doud,  Mary  Doud,  Ira  Hammond,  Susan 
Hammond,  John  Knapp,  Henry  Mason, 
Timothy  Lynch,  Peter  Cunningham,  Ed- 
ward Lanagan,  John  Carroll,  Esther  Car- 
roll, Sarah  Boyle,  and  the  following  chil- 
dren, viz.  John  Langdon,  Maria  Brown, 
Catharine  Davis,  Jane  Davis,  to  May  30, 
1830.  369  73 

Roxbury,  for  support  of  Peter  Chapman,  Ed- 
ward Shehane,  Emanuel  Swasey,  Jane  Lan- 
ders, John  Guyrn,  Catharine  Guyrn,  Har- 
riet Grigg,  Edward  Atkins,  Samuel  Mc 
Laughlin,  Jesse  Phelps,  Robert  Clew,  Rich- 
ard Wheeler,  John  Brown,  John  McLaury, 
wife  and  child,  Mary  Wright  and  two  chil- 
dren, Thomas  Fennero,  and  the  following 
children,  Martin  Guyrn,  Michael  Guyrn, 
Mary  Guyrn,  Catharine  Guyrn,  Daniel  Guyrn, 
Eliza  Ann  Grigg,  Joseph  U.  Grigg;  sup- 
plies for  Margarett  Carlton,  Mrs.  Dolan  and 
children,  Mrs.  Kelly  and  children,  Mrs. 
Read,  also  support  of  Ann  Gordan,  John 
Townshend,  John  Pine,  and  funeral  expen- 
ses of  Miss  Clark,  and  Mrs.  Burns,  to  June 
3,  1830.  316  89 

Rochester,  for  support  of  Edward  B.  Sand- 
ford,  Rhoda  Sanford,  Charles  Sanford,  Amos 
Sanford,  Edward  Sanford,  Jr.,  and  David 
Sandford,  to  June  4,  1830.  83  60 

Shutesbury,  for  support  of  Peter  Jackson  and 


PAUPER  ACCOUNTS.  415 

wife,  Sarah  Finnemore,  and  her  five  chil- 
dren, John  Vamouler,  and  Susanna  his  wife, 
to  June  1,  1830.  181  60 

Sandisfield,  for  support  of  Richard  Dickson, 
and  his  wife  Philhs,  and  Benjamin  Whitney, 
to  May  22,  1830.  48  30 

Shelburn,  for  support  of  Mary  Bates,  and  Ehz- 

abeth  Bates,  a  child,  to  May  21,  1830.  98  00 

South  Hadley,  for  support  of  Truman  Hall 
Sweatland,  and  Jane  Sweatland,  children  of 
Asa  Sweatland,  and  Dexter  Aldridge,  to 
March  30,  1830.  14  46 

Southampton,  for  support  of  John  Cochran, 
and  Robert  Livingston,  a  child,  Maria  and 
Eliza,  children  of  William  McDermont,  to 
May  21,  1830.  48  00 

Saugus  for  support  of  Joseph  White,  and  Sa- 
rah Answorth,  to  March  5,  1830.  17  10 

Sheffield,  for  support  of  Charlotte  Turner, 
Phebe  Dumont,  a  child,  Margaret  Dumont, 
do.  Dennis  and  Caroline  Kelly,  Jacob  Mc 
Comb,  children,  funeral  expenses  of  Piper, 
and  Silvia  Holmes,  to  June  1,  1830.  67  87 

Salem,  for  support  of  sundry  paupers,  to  June 

1,  1830.  1162  60 

Topsfield,  for  support  of  Phillis  Emerson,  to 

May  27,  1830.  46  80 

Tyringham,  for  support  of  Richard  Gardner, 
Asa  Thompson,  Mary  Dishkill,  Pamela  Fil- 
ley,  Alvira  Wadkins,  Theodore  Murphet  till 
his  death,  Temperance  vSears,  Peggy  Whit- 
ford,  and  her  children,  viz.  Lunda  Whitford, 
John  Whitford,  Mary  Whitford,  Caroline 
Whitford,  to  May  25,  1830.  217  29 

West  Newbury,  for  support  of  wife  of  Richard 
Renton,  and  the  following  children  of  said 
Renton,  viz.  Susan  Ann,  George  Keely,  Wil- 
liam, Alfred,  Rebecca  Duncan,  Sarah  Hop- 
kinson,  to  June  1,  1830=  73  33 


416  PAUPER  ACCOUNTS. 

West  Springfield,  for  support  of  Hannah  She- 
voy,  Louis  Shevoy,  Laura  Chapin,  Joseph 
C.  Clark,  and  Rodney  and  John  Benedict, 
children,  to  June  1,  1830.  136  85 

Westhampton,  for  support  of  Jane  Gay,  Silvia 
Miller,  Mary  Ann  Sherman,  a  coloured  child,  ] 

.    Filia  Sherman,  do.  to  May  21,  1830.  '     56  00 

West  Stockbridge,  for  support  of  Lucy  Lane, 
James  C.  Briggs,  Ransom  H.  Briggs,  Sally 
Barton,  Ebenezer  Wood,  Mary  Snow,  and 
Henry  W.  Rogers,  a  child,  to  May  21,  1830.     118  00 

Ward,  for  support  of  Sarah  Wiser,  to  May  8, 

1830.  46  80 

Worthington,  for  support  of  Mary  Culver,  to 

May  18,  1830.  46  80 

Williamstown,  for  support  of  Asahel  Foot,  wife 
and  five  children,  Rachel  Galusha,  John  G. 
Henderson,  and  Charles  Wilkins,  to  May 
22,  1830.  133  70 

Western,  for  support  of  Daniel  Mundel,  and 

Jos.  R.  Trim,  a  child,  to  May  24,  1830.  28  35 

Westport,  for  support  of  Nathaniel  Nottage, 

and  Stephen  Faber,  to  May  20,  1830.  105  04 

Warwick,  for  support  of  Samuel  Gunn  and 
Molly  Gunn,  and  Charles  Gunn,  son  of  the 
Gunns,  to  May  28,  1830.  46  00 

Washington,  for  support  of  John  Thompson, 

to  May  21,  1830.  18  00 

Williamsburgh,  for  support  of  James  Turner, 

and  Mary  his  daughter,  to  May  26,  1830.  21  21 

Yarmouth,  for  support  of  Thomas  Peters,  and. 

Black  Let,  to  May  27,  1830.  V      46  80 

Total  Pauper  Account         23,637  12 


MILITARY  ACCOUNTS.  417 
MILITARY  ACCOUNTS. 

JUNE  SESSION,  1830. 

Aid-de-Camp. 

Aaron  Brooks,  Jr.,  to  March  20,  1830.  5  55 

Adjutants. 

Sumner  Crosby,  Dec.  31,  1829.  25  00 

John  lowne.  May  21,  1830.  25  00 

Joseph  Merriam,  Jr.,  Dec.  31,  1829.  25  00 

Joseph  Knox,  March  1,  1829.  17  64 

Leander  Lovell,  Dec.  31,  1829.  25  00 

Thomas  G.  Gage,  Dec.  31,  1829.  25  00 

Theodore  Kern,  Dec.  31,  1829.  25  00 


Hauling  Artillery. 


^167  64 


David  Moore,  1830.  10  00 

Orland  Chapin,  1830.  8  00 

Nathaniel  Shaw,  1830.  10  00 

David  Bradford,  1830.  9  17 


$S1  17 


COURTS  MARTIAL. 

Court  Martial  held  at  Boxford,  29th  March,  1830. 

President,                    Col.  Daniel  Moulton,  23  00 

Members,                     Maj.  John  Kimball,  13  20 

Maj.  Samuel  M.  Noyes,  16  50 

Capt.  Samuel  W.  Stickney,  13  60 

Capt.  Jos.  Lovering,  17  00 

Judge  Advocate,          Maj.  William  S.  Allen,  29  00 

Marshall,                     Qr.  M.  Jos.  Adams,  18  00 

Witnesses,                    Daniel  Wood,  4  44 

Henry  C.  Sullivan,  2  62 


418  MILITARY  ACCOUNTS. 

Benj.  Peabody, 
Noyes  Pearson, 
Stephen  Peabody, 
Charles  Peabody, 
Jona.  J.  Porter, 
William  Tyler, 

Serving  Subpoenas,  ^c  Oilman  White, 

Moody  Bridges, 
Samuel  Morse, 

Stationary,  ^c.  William  S.  Allen, 


Court  Martial  held  at  Westborough,  Feb.  23,  1830. 

President,  Col.  Samuel  Learned, 

Members,  Col.  Nathan  Cleveland, 

Lt.  Col.  Alva  Drury, 

Lt.  Col.  Ehas  Kingsley, 

Col.  Richard  Davis, 
Judge  Adv.  pro  tern,    Aaron  Brooks,  Jr., 
Marshal,  Ensign  William  E.  Davis, 

Sergeant,  Lyman  S.  Mason, 

Witnesses,  Hanson  Rice, 

Leander  Fales, 

Charles  Bingham, 

Samuel  Harrington, 
Sub.  for  Witnesses,      Aaron  Brooks,  Jr., 

^76  54 

Court  Martial  held  at  Dedham  and  Boston,  March  23, 

1830. 

President,                     Col.  William  H.  Spooner,  41  00 

Members,                      Col.  Amasa  O.  Smith,  28  00 

Lt.  Col.  Lucas  Pond,  30  60 

Major  Charles  Lane,  31  60 

Major  Josiah  L.  C  Amee,  28  00 

Marshal,                      Major  F.  W.  Lincoln,  28  60 

Sergeant,                                 Whitney,  14  50 


2 

62 

2 

62 

1 

56 

1 

00 

0 

98 

0 

82 

4  50 

1 

00 

0 

60 

1 

53 

fl54 

59 

183C 

). 

12 

00 

9 

60 

7 

50 

9 

50 

4  50 

16 

20 

6  30 

5 

10 

1 

90 

1 

56 

1 

22 

1 

06 

0 

10 

MILITARY  ACCOUNTS. 


Judge  Advocate, 
Judge  Adv.  pro  tern, 
Witnesses, 


Major  William  V.  Otis, 
Lt.  Col.  Josiah  Quincy,  Jr. 
Elijah  Pond, 
Increase  S.  Pond, 
Timothy  L.  Pond, 
Wyman  Adams, 
Asa  C,  Kingsbury, 
Wilham  Gay, 
William  Blackburn, 
Warren  Wild, 
Newman  E.  Hawes, 
Nathaniel  Bird, 
David  Low, 
Thomas  Davis, 
Sumner  Crosby, 
Thomas  Manly, 
Michael  Dalton, 
Nathaniel  Nuttage, 
Walter  Hayward, 
John  A.  Spear, 

F.  Alden's  bill  for  use  of  Hall  and  Fire, 

Jacob  Barker         do.         do. 

Summoning    Witnesses,   Notifying    Members, 
Serving  Charges,  &c. 

Elisha  Glover, 
Nathaniel  Bird, 
David  Low, 
Jasper  Eaton, 


P37  82 
Court  Martial  held  at  Northbridge,  March  16,   1830, 
and  by  adjournment  at  Royalston  and  Templeton. 

President,  Col.  Joseph  Ray,  40  80 

Members,  Lt.  Col.  Asa  Longley,  28  10 

Maj.  Alonzo  Temple,  29  00 

Capt.  Allen  Hancock,  jr.  30  00 

Capt.  Anson  Rice,  28  50 


420 


MILITARY  ACCOUNTS. 


Marshal, 
Ordt.  Sergt. 
Judge  Advo, 
Witnesses, 


Adjt.  Dan  Hill, 

29  50 

Lewis  Stockwell, 

22  40 

Maj.  Aaron  Brooks,  Jr. 

50  10 

Ebenezer  Cadwell, 

1   14 

Royal  S.  Marble, 

0  98 

Jona.  Davis,  Jr. 

1  22 

John  W.  Slocum, 

1   16 

Reuben  Waters,  Jr. 

2  26 

Geo.  A.  Tourtellot, 

2  18 

Geo.  C.  Earle, 

2  22 

Hiram  Wing, 

1  70 

Peter  Lund, 

0  90 

Jona.  Bowker, 

0  90 

Marlin  Coleman, 

1  52 

Charles  T.  Fisher, 

1  36 

Jason  Lamb, 

0  90 

Geo.  W.  Comee, 

1  36 

Elijah  B.  Newton, 

1  32 

Calvin  Townsley, 

1  80 

Artemas  Lee, 

2  30 

Joel  G.  Fales, 

1  46 

Jona.  Cutting,  3d. 

1  SO 

Franklin  Whitcomb, 

1  30 

Loring  Davis, 

1  96 

Noah  Kendall, 

2  46 

Horatio  N.  Bolton, 

2  70 

Joseph  Maynard, 

2  70 

Seneca  Partridge, 

1  70 

Charles  Coolidge, 

2  20 

Ephraim  Wright, 

2  04 

Samuel  S.  Howe, 

2  54 

Silas  Brooks, 

2  38 

Jona.  Baldwin,  2d. 

2  14 

Henry  Newton, 

2  10 

Stillman  Jones, 

1  30 

Moses  Wood, 

2  54 

Theodore  C.  Gray, 

1  30 

Samuel  H.  Clark, 

2  46 

John  Holden, 

1  64 

1  12 

1  82 

1  96 

0  90 

0  74 

0  74 

0  82 

1  80 

1  30 

3  88 

0  70 

0  70 

1  32 

0  94 

4  52 

3  62 

0  60 

1  84 

MILITARY  ACCOUNTS,  421 

Wm.  Chase,  Jr. 
Cyrus  Davis, 
Robert  Powers,  Jr. 
John  Sawyer,  Jr. 
George  W.  Sawyer, 
Silas  Sawyer,  Jr., 
Jona.  Holman, 
Benj.  Hawkes, 
Thomas  B.  Hawkes, 
Ehner  Newton, 
John  M.  Upham, 
Charles  Bruce, 
Josiah  Wheeler, 
Serving  Subpoenas,  ^c  Sumner  Pierce, 

Russell  Wheeler, 
Eleazer  B.  Morgan, 
Aaron  Brooks, 
George  C.  Richardson, 

$351  14 
General  Court  Martial  held  at  Salem,  March  23,  1830. 

President,  Maj.  Gen.  Aaron  Capen,      65  40 

Members,  B.  Gen.  Amory  Holman,  2d,  51  40 

B.  Gen.  John  T.  Winthrop,  44  00 

B.  Gen.  Cromwell  Washburn  52  00 

Col.  John  S.  Tyler,  44  00 

Judge  Adv.  pro  tern.    Major.  Asahel  Huntington,  80  00 

Marshal,  Capt.  Geo.  Peabody,  40  00 

Sergeant,  Charles  F.  Putnam,  30  00 

Assistant,  William  Safford,  21  25 

Witnesses,  Franklin  Gregory,  10  84 

Jeremiah  Coleman,  2  90 

Sally  Low,  2  SQ 

Daniel  Adams,  3d.  8  30 

John  O.  W.  Brown,  3  90 

Moses  Brown,  3d.  4  70 

William  Thurlow,  4  54 

William  S.  Allen,  7  40 

55 


422  MILITARY  ACCOUNTS. 

Abraham  Williams,  17  70 


Benj.  Stickney, 
Nathan  Brown, 

17  30 

22  50 

Daniel  Moulton, 

22  02 

George  Fitz, 

3  90 

Jos.  L.  Low, 

3  86 

Serving  Subpoenas,  Notifying,  &c. 

Oilman  White, 

6  30 

Daniel  Dutch, 

6  10 

Stephen  Upton,  Jr, 
George  Fitz, 

7  10 
2  75 

Stationary^  Fuel,  ^c.  A.  Huntington, 

13  25 

;$f595  77 
Division  Court  Martial  held  at  Salem,  March  23,  1830. 

President,  Maj.  Gen.  Aaron  Capen,      44  70 

Members,  B.Gen.Amory  Holman,  2d.  SS  60 

B.  Gen.  John  T.  Winthrop,  30  00 

B.  Gen.  Cromwell  Washburn,  8  00 

Col.  John  S.  Tyler,  30  00 

Judge  Adv.  pro  tem.    Maj.  Asahel  Huntington,       56  00 

Marshal,  Capt.  Geo.  Peabody,  28  00 

Sergeant,  Charles  F.  Putnam,  21  00 

Assistant,  William  Safford,  17  50 

Witnesses,  Maj.  Gen.  Franklin  Gregory,  1 0  34 

Jeremiah  Coleman,  3  90 

Daniel  Adams,  3d.  4  90 

John  O.  W.  Brown,  4  40 

Moses  Brown,  3d.  10  60 

William  Thurlow,  6  54 

James  Appleton,  0  90 

Nathan  Brown,  3  40 

Benj.  Stickney,  3  82 

Daniel  Moulton,  8  46 

Moses  P.  Parish,  4  40 

Solomon  Low,  7  20 

Abraham  Williams,  4  40 

John  B.  Savary,  3  78 


RESOLVE.  423 


Nathan  Heard, 

7  20 

William  H.  Sumner, 

9  70 

Serving  Subpoenas, 

,  ^c  Gilman  White, 

2  00 

Stephen  Upton, 

4  25 

Nathan  Brown, 

6  53 

y 

Stephen.  Upton, 

1   10 

Stationary,  ^c. 

Asahel  Huntington, 

6  50 

$3S2  14 


AGGREGATE  OF  ROLL,  WO.  103. 

Pauper  Accounts, 


Military  Accounts. 


$23,637 

12 

5 

55 

167 

64 

37 

17 

1,898 

00 

^25,745 

48 

Aids  de  Camp, 
Adjutants, 
Hauling  Artillery, 
Courts  Martial, 


Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Public  Treasury,  to  the  several  Persons  and  Corpora- 
tions mentioned  in  this  Roll,  the  sums  set  against  their 
names  respectively,  amounting  in  the  whole  to  twenty 
five  thousand,  seven  hundred  and  forty-five  dollars,  and 
forty-eight  cents,  the  same  being  in  full  discharge  of  all 
the  accounts  and  demands  to  which  they  refer. 

In  Senate,  June  4,  1830. — Read  twice  and  passed. 
Sent  down  for  concurrence, 

SAMUEL  LATHROP,  President. 


424  RESOLVE. 

In  House   of  Representatives,  June  5,   1830. — Read 
twice,  and  passed  in  concurrence 

W.  B.  CALHOUN,  Speaker. 

June  6,  1830. 

Approved, 

LEVI  LINCOLN. 


<a:ommonttiealt!j   of  M^^^^ti)\intUn. 


Treasury  Office,  June  4th,  1830. 
The  Treasurer  having  examined  and  adjusted  the 
accounts  presented  to  him,  asks  leave  to  Report,  That 
there  is  due  to  the  several  persons  enumerated  on  the 
following  Roll,  the  sums  set  against  their  names  respec- 
tively, which,  when  allowed  and  paid,  will  be  in  full  dis- 
charge of  said  accounts  to  the  dates  therein  mentioned. 
Which  is  respectfully  submitted, 

JOSEPH  SEWALL,  Treasurer. 
To  the  Honorable  Senate 

and  House  of  Representatives. 


426  PRINTERS'  ACCOUNTS. 


ROLL  of  ACCOUNTS  Audited  by  the  Treasurer  of 
the  Commomvealth,  and  reported  June  4>th,  1830. 


PRINTERS. 

Adams  &  Hudson,  papers  supplied  to  June  5, 
1830,  and  advertising, 

Ballard  &  Co.,  papers  supplied  to  March  13, 
1830,  and  advertising, 

Bowles,  Samuel,  publishing  Laws  for  the  year 
ending  March  1830, 

Badger  &  Porter,  papers  supplied  to  June  5th 
1830,  and  advertising, 

Bannister,  Ridley,  publishing  Laws  for  the 
year  ending  January  1830,  and  advertising, 

Bazin,  George  W.,  papers  supplied  to  June  5, 
1830,  and  advertising, 

Buckingham,  Joseph  T.,  papers  supplied  and 
advertising  to  June  5th,  1 830, 

Beals  &  Homer,  papers  supphed  and  advertis- 
ing to  June  5,  1830, 

Colton,  S.  W.  &  Co.  publishing  Laws  for  the 
political  years  1 828  and  1 829,  and  advertis- 
ings 

Clapp,  WilHam  W.,  papers  supphed  to  June 
5,  1830, 

Collier,  William,  papers  supplied  to  June  5, 
1830,  and  advertising, 

Dutton  &  Wentworth, 

Printing  for  the  Senate,  ^86  88 

House  of  Rep.  326  79 
Treasury,  63  18 

Secretary,         705  30 
Adj.  General,     157  47 

==—  1,339  62 


«( 

u 

u 

u 

(( 

u 

a 

u 

^75 

73 

82  39 

16  67 

117 

00 

25 

00 

17 

23 

104  03 

116  63 

41 

66 

26 

16 

38 

06 

SHERIFFS'  ACCOUNTS.  427 

Denny,  Austin,  publishing  Laws  to  May  31, 

1830,  and  advertising, 
Earle,   Benjamin^  advertising    the    proposed 

Amendments  of  the  Constitution, 
Griffin,  George,  papers  supphed  to  March  13, 

1830,  and  advertising, 
Howe,  J.  F.  &  Co.  papers  supphed  to  March 

13,  1830,  and  advertising. 
Hill,   Frederick,  papers  supplied  to  June  3, 

1830, 
Kingman,  E.  papers  supplied  to  June  5,  1830, 

and  advertising, 
Lindsey,  B.  &  Son,  publishing  the  Laws  for 

the  year  ending  May,  1830, 
Pickering,  H.  J.  papers  supplied  to  June  3d, 

1830, 
Reed,  David,  papers  supplied  to  June  5, 1830, 

and  advertising, 
Stockton  &  Greene,  papers  supphed  to  June 

3,  1830, 
Tannatt,  A.  G.  publishing  Laws  two  years,  to 

May  1,  1830, 
Willis  &  Rand,  papers  supplied  and  advertis- 
ing, to  June  2,  1830, 

$2,30S  88 


25  46 

10  00 

34  35 

34  00 

7  96 

65  63 

16  67 

18  80 

24  51 

14  08 

33  34 

23  90 

SHERIFFS. 


Brown,    Henry   C.   returning   votes   to  May, 

1830,  81  20 

Hoyt,  Epaphras,  returning  votes  to  May,  1830,  8  00 

Leonard,   Horatio,   returning  votes   to  May, 

1830,  3  20 

Pease,  Isaiah  D.  returning  votes  to  May,  1830,  8  00 

^100  40 


428         CORONERS— MISCELLANIES. 


CORONERS. 

Pease,  Peter,  fees  of  Inquisition  to  May,  1830,       11  40 
Snow,  Prince,  Jr.  fees  of  Inquisition  to  May, 

1830,  34  60 


$4>6  00 


MISCELLANIES. 


Burditt,   James  W. 

Stationary  supplied  the  Legislature,     95  76 
»  u         a    Secretary,        74  15 

"  "         "    Adj.  General,  16  16 

"  "         «    Library,  42  25 

228  32 

y  Blaney,  Henry,  repairs  in  the  State  House  to 

Junes,  1830,  28  11 

'    Bradlee,  Samuel  &  Son,  Hard  Ware,   &c.  for 

the  State  House  repairs,  to  June  3,  1830,  23  51 

Bacon,  Henry,  assistant  messenger,  services  to 

June  5,  1830,  28  00 

Chase,  Warren,  assistant  messenger,  services 

to  June  5,  1830,  ^  28  00 

Cutting,  Elijah  W.  assistant  messenger, 

services  to  June  5,  1 830,  24  00 

and  for  the  services  of    his  son   as 

page   to   the    Honorable   Senate   to 

June  5,  1830,  10  00 

34  00 


Goodrich,  Isaac  W.   Stationary  for  Secretary, 

to  June,  1830,  27  00 

I    Gore   &  Baker,   painting,  &c.  in  the  State 
^      House,  to  March,  1830,  44  11 

Kuhn,  Jacob,  balance  of  his  account  to  June 

4,  1830,  31  94 

Kuhn,  Jacob,  Jr.  assistant  messenger,  services 

to  June  5,  1830,  24  00 


MISCELLANIES.  429 

Loring,  Josiah,   Stationary  for  the  Secretary 

and  Treasurer,  to  June,  1830,  6iD  95 

McArdle,  Henry  F.  quills  supplied  the  Trea- 
sury Office,  6  00 

Pitts,   Sarah,  for  the  services  of  her  son  as 

page  to  the  Hon.  House,  to  June  5,  1830,  10  00 

Wheeler,  John  H.  repairs  on  the  State  House 

dome,  &c.  to  June,  1830,  715  73 


\ 


1,295  67 


Printers, 
Sheriffs, 
Coroners, 
Miscellanies 


AGGREGATE. 

2,308  88 

100  40 

46  00 

1295  67 

3,750  95 

Total. 

3,750  95 
P,750  95 


(Jtommontoealtti  of  M^nnmf^nuttin. 


In  the  year  of  our  Lord,  one  thousand,  eight  hundred. 

and  thirty. 


Resolved,  That  there  be  allowed,  and  paid,  out  of  the 
Public  Treasury,  to  the  several  persons  mentioned  in 
the  foregoing  Roll,  the  sums  set  against  such  persons 
names  respectively,  amounting  in  the  whole  to  the  sum 
of  three  thousand,  seven  hundred,  and  fifty  dollars,  and 
56 


43©  RESOLVE. 

ninety-five  cents :    the  same  being  in  full  discharge  of 
the  accounts  and  demands  to  which  they  refer. 

In  Senate,  June  4,  1 830. — Read  twice  and  passed, 

Sent  down  for  concurrence. 

SAMUEL  LATHROP,  President. 

In  House   of  Representatives,  June   5,   1830. — Read 
twice,  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker. 
June  5,  1830. 

Approved, 

LEVI  LINCOLN. 


eommon'joealtft  of  M^nnntf^nutttti, 


SECRETARY'S  OFFICE,  JULY  12,  1830. 

I  HEREBY  CERTIFY,  that  I  have  compared  the  impres- 
sion of.  the  Resolves  contained  in  this  Pamphlet,  with 
the  original  Resolves  passed  in  June  last,  and  find  the 
same  to  be  correctly  printed. 

EDWARD  D.  BANGS, 

Secretary  of  the  Commonwealth. 


INDEX 

TO    THE   RESOLVES 

OF  THE  SESSION  IN  MAY  AND  JUNE,  1830. 


A. 

Accounts,  Roll  of,  No.  103.  ......  408 

"         additional  Roll  of,  audited  by  Treasurer,         .         .  426 
Agent  to  attend  to  adjustment  of  Massachusetts  Claim,  provis- 
ion for  appointment  of,        .....         •  401 

B. 

Banks,  condition  of,  to  be  enquired  into,  by  Commissioners,    .         406 

C. 

Clerks  of  Senate,  pay  of,  provided  for, 402 

Clerk  of  House  of  Representatives,  pay  of,  provided  for,         .  402 
Comraissiorers  for  hearing  trustees  and  tenants  respecting  Hop- 
kins Fund,  paid  for  services,       .....  405 


ii  INDEX. 

Commissioners  to  be  appointed,  to  enquire  into  condition   of 

Banks, 406 

F. 

Felt,  Joseph  B.   authorized  to  use  certain  copies  in  the  library 

of  General  Court, 400 

Fuel,  &c.  for  use  of  Government,  appropriation  for,        .         .         405 

G. 

General  Court,  pay  of  members  of,  provided  for,  398 

Governor  authorized  to  appoint  agents  to  attend  to  the  adjust- 
ment of  the  Massachusetts  Claim,        ....         401 

"     authorized  to  cause  part  of   the  State  House  to   be 

painted,  &.c.       ........         403 

"     authorized  to  appoint  person  to  make  a  geological  sur- 
vey of  the  Commonwealth,  .....         404 

"     authorized  to  appoint  Commissioners  to  enquire  into 

condition  of  banks,     .  406 

Governor's  Speech,        ........         376 

"     Message,  transmitting  documents  referred  to  in  Speech,     392 

"     Message,  transmitting    Report  of  Inspectors  of  State 

Prison,       .........         392 

"     Message,  relating  to  terms  of  ^S.  J.  Court  in  Bristol  and 
Essex, 393 

"     Message,  informing  of  the  resignation  of  Maj.  Gen.  F. 

Gregory,    .........         394 

"     Message,  relating  to  the  Massaclijisetts  Claim,  .         .         394 

H. 


Hopkins  Charity  Fund,   Commissioners  paid  for  certain  enqui- 
ries respecting,  .         .         .         . 


J. 


405 


Journal  of  the  Senate,  provision  for  compensation  for  services 

in  making  index  of,  repealed,      .....         400 

K. 

Kuhn,  Jacob,  Messenger  to  General  Court,  pay  of,  provided  for,      403 


INDEX.  iii 

L. 

Low,  John  V.  assistant  messenger  to  Governor  and  Council,  pay 

of,  provided  for,  ......  401 

M. 

Massachusetts  Claim,  further  provisions  respecting  adjustment 

of, 401 

Members  of  Council,  Senate  and  House,  pay  of,  provided  for,  398 

Message  of  Governor,  transmitting  documents  referred  to  in 

Speech, 392 

"      of  Governor,    transmitting   Report   of   Inspectors   of 

State  Prison, 392 

'■'     of  Governor,  relating  to  terms  of  S.  J.  Court  in  Bristol 

and  Essex,  ........         393 

"     of  Governor,  informing  of  resignation  of  Maj.  Gen.  F. 

Gregory, 394 

"     of  Governor,  relating  to  the  Massachusetts  Claim,      .         394 
Messenger  of  General  Court,  allowance  to,  to  purchase  fuel,  &.c. 

for  Government,  .......         405 

R. 

Roll  of  Accounts,  No,  103, 408 

"    "         "  additional,  audited  by  Treasurer,  426 

S. 

Speech  of  the  Governor,        .         .         .         .         .  •         376 

State  House,  provision  for  painting  and  repairing  certain  parts 

of, ,403 

Survey  of  the  Commonwealth,  further  provisions  respecting,  404 

T. 

Treasurer,  authorized  to  borrow  money,          .         .         •         .  399 

"  Report  of,  on  Roll  of  miscellaneous  accounts,  .  425 
Trull,  Ezra,  guardian,  authorized  to  convey  estate  of  a  certain 

minor,        ...                  396 

Tyler,  John  S.  guardian,  authorized  to  convey  estate  of  certain 

minors,      .........  397 


RESOLVES 


THE  GENERAL  COURT 


Commontoealtl)  of  Mtismtljmttts, 


PASSED  AT  THEIR  SESSIOW, 


WHICH   COMMENCKD    OK    WEDNESDAY,  THE    FIFTH    OF   JANUARr,    AND   ENDED    ON 

SATURDAY,   THE    NINETEENTH    OK    MARCH,   ONE    THOUSAND, 

EIGHT    HUNDRED    AND    THIRTY    ONE. 


Published  agreeably  to  a  Resolve  of  the  I6th  January,  1812. 


DUTTON  AND  VVENTWORTH,  PRINTERS  TO  THE  STATE 
1831. 


RESOLVES 

OF 

THE  GENERAL  COURT, 

OP    THE 

COMMONWEALTH  OF  MASSACHUSETTS, 

PASSED  AT  THEIR  SESSION, 

WHICH    COMMENCED   ON  WEDNESDAY,  THE    FIFTH   OF   JAKOARY,  AND  EHDEQ  ON  SAT- 
URDAY,    THE    NINETEENTH    OF    MARCH,  ONE    THOUSAND, 
EIGHT    HUNDRED    AND   THIRTY-OMB. 

GOVERNOR'S  MESSAGE. 

^^5  Excellency  the  Governor  sent  down  from  the  Council 
Chamber,  by  the  Secretary  of  the  Commonwealth,  to  the 
Senate  and  House  of  Representatives,  the  folloiving 

MESSAGE. 

Gentlemen  of  the  Senate,  and 

of  the  House  of  Representatives  : 

Having  availed  myself  of  your  indulgence,  at  the  com- 
mencement of  the  political  year,  to  offer  my  sentiments 
upon  the  general  subjects  of  concern  in  the  administration 
of  the  Government  of  the  State,  and  respectfully  invited 
your  attention  to  such  prominent  objects  of  regard,  as  my 
official  situation  required  me,  at  that  time,  more  particu- 
larly to  notice,  it  will  be  the  most  appropriate  discharge 
of  duty,  that  I  should  confine  the  present  Address  to  a 


436  GOVERNOR'S  MP:SSAGE: 

commnnication  of  subsequent  measures  of  Executive 
action,  and  to  such  topics  as  have  since  occurred  to  de- 
mand Legislative  consideration.  In  doing  this,  however, 
so  much  of  reference  to  what  was  before  proposed  may 
be  proper,  as  shall  connect  the  unfinished  business  of  the 
last,  with  the  remaining  duties  of  the  present  Session. 

It  may  justly  be  premised,  that  this  meeting  of  the 
Government  is  one  of  unusual  expectation  and  interest. 
Matters  of  more  than  ordinary  import,  and  of  lasting  re- 
sults, have  been  specially  assigned  for  discussion.  Let 
it  be  cause  for  mutual  congratulation,  and  for  deep  and 
devout  acknowledgment,  that  the  times  are  most  favor- 
able to  their  satisfactory  disposition.  We  have  come 
together  in  a  season  of  great  prosperity,  under  circum- 
stances of  concord  and  much  apparent  harmony  of  senti- 
ment among  our  Constituents,  and  with  opportunity  for 
the  exercise  of  unbiased  and  dispassionate  judgments 
upon  the  leading  measures  which  the  public  good  requires. 
The  embarrassment  and  depression  of  business,  and  the 
discouragement  to  industry  and  enterprise,  which  marked 
the  opening  of  the  last  year,  were,  in  its  progress,  in  a 
great  degree,  overcome,  and  we  now  greet  the  commence- 
ment of  a  new  period,  bearing  the  full  promise  of  the 
continuance  of  present  blessings,  and  giving  animating 
inducements  to  improvement,  and  an  extension  of  the 
means  of  Ifighc^r  and  better  attainments. 

The  propbsecT amendments  to  the  Constitution,  which 
respect  the  season  for  the  annual  organization  of  the  Go- 
vernment, and  the  ratio  of  representation  in  the  Popular 
Branch  ; — the  mode  to  be  prescribed  for  taking  the  valu- 
ation of  the  rateable  property  within  the  Commonwealth, 
affecting  the  proportionate  contributions  to  the  public  tax- 
es, and,  by  a  rule  of  the  Constitution,  a  corresponding 


GOVERNOR'S  MESSAGE.  437 

apportionment  of  the  delegation  to  the  Senate  ; — and  the 
question  of  renewal  to  the  numerous  Banking  Corpora- 
tions of  their  legal  capacities,  connected  as  the  operations 
of  these  institutions  are  with  all  the  business  concerns 
of  the  community,  are  subjects  of  reference  from  a  for- 
mer Session,  which  have  claims  to  the  highest  considera- 
tion. There  is  enough,  in  either  of  them,  in  whatever 
manner  it  shall  be  disposed  of,  to  stamp  with  memorable 
impression  the  deliberations  of  the  present  Legislature. 
It  will  be  happy,  indeed,  if  in  their  delay  hitherto,  that 
knowledge  of  public  sentiment  upon  these  measures  of 
direct  popular  bearing  has  now  been  obtained,  which  will 
secure  to  your  dei^isions  upon  them  the  sanction  of  aq 
ultimate  approval  by  the  People. 

In  revising  a  fundamental  Law  of  the  Government,  it 
is  always  to  be  expected,  that  reverence  for  accustomed 
forms,  and  a  spirit  of  acquiescence  in  long  established 
arrangements,  will  withstand  any  attempt  at  alteration. 
These  are  conservative  principles,  without  the  influence 
of  which,  change  would  be  wrought  upon  the  slightest 
occasions.  But  when  great  and  enduring  objects  of  ame- 
lioration and  improvement  are  to  be  effected,  patriotism 
and  true  political  sagacity  will  dictate  a  surrender  of  re- 
spect for  usages,  however  sanctioned  by  authority  or 
made  familiar  by  time,  in  subserviency  to  the  advance- 
ment of  the  public  welfare. 

It  is  undeniably  true,  that  the  pending  amendments  to 
the  Constitution  will,  if  adopted,  produce  a  saving  of  ex- 
pense to  the  State,  and  create,  in  the  business  of  Legisla- 
tion, greater  certainty  and  despatch,  attended  with  higher 
and  more  direct  responsibilities. 

As  it  regards  the  proposed  change  in  the  commencement 
of  the  political  year,  it  may  be  permitted  to  me  to  bear 


438  GOVERNOR'S  MESSAGE. 

witness,  that  since  my  present  relation  to  the  Govern- 
ment, and  indeed  since  the  Convention  of  1820,  not  an 
occasion  has  arisen,  v^^hich  would  have  rendered  necessary 
a  second  meeting  of  the  Legislature,  in  any  year,  had  the 
appointed  season  for  its  organization  been  that  usually 
assigned  for  the  transaction  of  business.  On  recurring  to 
the  Journals,  for  the  same  period,  it  will  be  found,  that 
scarcely  a  measure  of  general  interest  has  been  offered 
for  consideration  at  the  first  Session,  but  was  postponed 
to  the  Winter,  with  but  little,  if  any,  real  progress  towards 
maturity  from  its  previous  suggestion.  Your  own  proro- 
gation, the  present  year,  warrants  the  remark,  that  the 
convenient  time  for  legislation  is  not  that  fixed  by  the 
Constitution  for  the  assembling  of  the  Government,  while 
the  approbation  by  the  people  of  your  prompt  adjourn- 
ment, may  be  regarded  as  a  manifestation,  by  them,  of 
an  opinion  favourable  to  the  contemplated  akeration.  With 
just  allowances  for  the  additional  length  of  a  single  Ses- 
sion, by  bringing  together  the  organization  of  the  Govern- 
ment, and  the  whole  legislative  business  of  the  year,  there 
would  still  result  the  saving  of  many  days  i*  the  aggre- 
gate of  time,  besides  the  occasion  and  heavy  charge  of  a 
second  travel.  Should  the  other  proposed  amendment 
likewise  succeed,  or  by  any  more  satisfactory  mode,  the 
representation  should  hereafter  be  reduced  from  its  pres- 
ent oppressive  and  almost  illimitable  extent,  the  annual 
draft  upon  the  Treasury  would  be  diminished,  by  a  sum 
nearly  equal  in  the  saving  to  the  support  of  the  Civil  List. 
There  woulji  then  also  be  more  uniformity  in  the  number 
ancl  attendance  of  the  Representatives,  and  greater  con- 
gruity  in  acts  of  Legislation.  The  policy  of  State  would 
not  be  made  to  fluctuate  between  the  indifference  of  thin 
Houses,  in  seasons  of  public  quiet,  and  appeals  to  crowded 


GOVERNOR'S  MESSAGE.  439 

benches,  under  the  influence  of  local  circumstances,  or  in 
times  of  high  popular  excitement.  How  far  these  con- 
siderations should  prevail  over  an  indisposition  to  depart 
from  ancient  habits  and  associations,  and  the  reasons  for 
their  continuance,  is  now  brought  to  your,  decision. 

In  addition  to  the  Constitutional  requirement  to  a  pe- 
riodical valuation  of  the  property  of  the  Commonwealth, 
there  will  be  found  inducements,  at  this  time,  to  hasten 
the  service,  in  the  changes  w^hich  have  taken  place  within 
the  few  last  years,  in  the  relative  value  of  the  different 
descriptions  of  property,  and  the  proportionate  amounts 
in  which  it  is  held  in  different  Districts  of  the  State.  The 
apportionment  of  Taxes,  regulated  by  the  possession  of 
property,  will  fail  to  be  equal,  when  the  assessment  is 
made  long  after  the  estimate.  With  an  enterprising  peo- 
ple, new  interests  are  continually  springing  up,  old 
branches  of  business  are  discontinued  and  other  occupa- 
tions commenced,  and  the  condition  of  Individuals  and 
Communities  will  be  variously  affected,  improved  or  pre- 
judiced, by  the  events  which  time  rapidly  and  constantly 
produces.  These  changes  have  had  unusual  frequency 
and  effect  since  the  last  valuation,  and  have  become  the 
occasion  of  expressions  of  disquietude  and  dissatisfaction 
with  the  necessary  exactions  for  the  public  service.  To 
restore  the  true  measure  of  contribution,  in  this  particular, 
is  a  dictate  of  the  highest  justice,  and  the  importance  of 
a  prompt  attention  to  the  execution  of  the  delicate  and 
difficult  task  is  now  enforced  by  the  urgency  of  a  pre- 
scribed duty. 

Pursuant  to  a  Resolve  of  the  seventh  of  June  last,  Com- 
missioners were  appointed  to  enquire  into  the  condition  of 
the  Banks  of  the  Commonwealth.  A  careful  construc- 
tion of  the  terms  of  the  Resolve  seemed  to  require,  that 


440  GOVERNOR'S  MESSAGE. 

distinct  Commissions  should  be  constituted  for  each  of 
the  Counties  in  which  banks  were  situated.  Considering 
it  to  be  the  purpose  of  the  Legislature  to  ascertain  the 
security  to  the  public,  in  a  reneival  of  the  Charters,  it  was 
deemed  proper  to  cause  the  examinations  of  the  several 
institutions  to  be  made,  as  recently  before  the  commence- 
ment of  the  present  Session,  and  as  nearly  simultaneous 
as  possible.  The  appointment  of  the  Commissioners  was 
therefore  delayed  to  such  time,  as  while  it  allowed  suffi- 
cient opportunity  for  the  performance  of  the  service,  ef- 
fected these  objects.  Reports  may  be  expected  from 
each  of  the  Commissions  by  the  expiration  of  the  time 
limited  in  the  Resolve.  In  connexion  with  the  informa- 
tion which  is  thus  furnished,  the  Legislature  will  have  of- 
ficial Returns,  under  oath,  from  the  Cashiers  of  the  re- 
spective Banks,  made  in  compliance  with  a  recent  requi- 
sition of  the  Executive,  under  the  authority  of  an  act 
passed  on  the  28th  of  February  1 829.  These  latter  Ex- 
hibits have  relation  to  the  state  of  the  Banks  on  the  first 
Saturday  in  June  last.  In  fixing  upon  this  period,  it  was 
designed  to  obtain  an  account  of  their  condition  antece- 
dent to  any  manifestation  of  an  intention  by  the  Legisla- 
ture to  cause  an  examination  into  their  concerns,  and 
which,  by  applying  to  an  earlier  and  somewhat  distant 
date,  would  afford  means  of  judging,  from  a  comparison 
of  their  situation,  at  different  times,  of  their  general  man- 
agement and  solidity. 

It  will  probably  result  from  these  documents,  that  the 
credit  of  the  existing  Institutions  is  well  sustained,  and 
that  the  community  are,  at  present,  safe  in  their  con- 
tinuance. 

The  question  of  establishing  Banking  Corporations  in 
this  Commonwealth  can  hardly  be  considered,  at  the  pre- 


GOVERNOR'S  MESSAGE.  441 

sent  day,  as  open  to  discussion.  They  have  been  made 
so  long  familiar  to  the  wants,  and  conveniences,  and  uses 
of  the  citizens,  that  most  of  the  business  of  society  is 
now  arranged  with  reference  to  the  accommodations 
which  they  afford.  It  would  doubtless  have  been  better, 
that  the  system  had  been  more  cautiously  introduced,  and 
less  liberally  extended.  Banks  have  been  multiplied, 
here  and  elsewhere,  greatly  beyond  the  occasions  of  the 
Country.  The  injurious  effects  have  been  seen,  in  ex- 
cessive issues  of  paper  and  in  vexatious  and  profitless 
competitions  to  give  to  it  circulation ;  in  rash  enterprises 
of  individuals  induced  by  the  facilities  to  credit,  in 
unwarrantable  expenses  in  living,  in  the  embarrassments 
of  debt,  and  in  the  sacrifice  of  estate,  not  unfrequently 
attended  with  the  loss  of  character.  I  would  respect- 
fully submit  to  the  wisdom  of  your  counsels,  that,  in  no 
instance,  should  a  Charter  be  granted  or  extended,  except 
where  it  is  satisfactorily  shown,  that  there  is  both  capital 
for  investment,  and  business  to  require  the  use  of  it.  In 
the  want,  either  of  the  one  or  the  other,  banking  can 
never  be  restrained  to  its  legitimate  purposes.  Specula- 
tion, trading,  bargain  making,  and  stock  jobbing,  will  take 
the  place  of  discounting.  Desperate  hazards  and  uncer- 
tain gains  will  be  the  consequence,  and,  in  the  issue,  indi- 
viduals will  be  ruined  and  the  public  defrauded.  But, 
with  this  precaution  in  respect  to  grants  of  incorporation, 
and  the  guards  and  securities  which  experience  has  inter- 
posed, there  will  be  little  danger  of  a  repetition  of  those 
great  abuses  which  mismanagement  has,  in  some  instan- 
ces, heretofore,  committed.  By  retaining  in  the  Govern- 
ment the  right  to  require,  at  pleasure,  returns  of  the  state 
of  the  Institutions,  with  the  power  of  visitation  and  in- 
quiry by  Committees,  and  a  control  over  the  Charters  upon 
68 


442  GOVERNOR'S  MESSAGE. 

any  excess  of  authority,  the  means  of  correction  may  be 
applied,  upon  the  first  appearance  of  mischief.  A  sound 
currency  will  be  preserved  ;  and  although,  from  accident, 
misfortune,  or  indiscretion,  Stockholders  may  be  liable 
occasionally  to  suffer,  the  security  of  the  public  will  at 
all  times  be  insured. 

The  proposition  of  a  State  Bank,  with  Branches,  to 
be  owned  and  managed  by  the  Commonwealth,  which 
has  sometimes  been  suggested,  appears  to  me  to  be  re- 
commended by  few  considerations  of  preference  over  the 
present  arrangements,  while  it  is  exposed  to  obvious  and 
weighty  objections.  It  is  even  doubtful  whether  ^ch 
an  institution  could  be  conducted  with  pecuniary  profit. 
The  private  interest  of  Stockholders  is  a  stronger  incen- 
tive to  vigilance,  than  mere  ministerial  accountability. 
The  ingenuity  which  searches  out  the  sources  of  business, 
and  acquires  a  knowledge  of  the  circumstances  of  indi- 
viduals— things  essential  to  success  in  the  operations  of 
Banking — is  rarely  exercised  but  for  personal  advantage. 
Besides,  the  government,  under  the  present  system,  may, 
at  its  option,  have  a  participation  in  the  stock  of  any  o/ 
all  the  existing  corporations,  and  a  corresponding  agency 
in  their  management.  By  the  tax  now  imposed,  by  the 
.  right  to  borrow  at  a  low  rate  of  interest,  by  the  power 
to  subscribe  to  the  capital,  and  to  appoint  a  proportionate 
number  of  Directors,  and,  above  all,  by  the  authority  to 
prescribe,  in  the  first  instance,  the  fundamental  rules  for 
the  conduct  of  the  institutions,  and  to  declare  the  forfei- 
ture upon  the  violation  of  them,  all  the  beneficial  results 
of  a  State  establishment  are  enjoyed,  while  its  inconve- 
niencies,  improper  tendencies,  hazards,  and  disappoint- 
ments, are  avoided.  It  should  also  be  of  no  light  con- 
sideration in  a  Republic,  that  liberty  is  most  secure,  and 


GOVERNOR'S  MESSAGE.  443 

the  people  least  exposed  to  corruption  or  oppression, 
where  the  administration  of  the  civil  authority  is  farthest 
removed  from  the  influence  of  monied  institutions. 

After  the  passage  of  the  law  of  Congress,  at  the  last 
session,  making  provision  for  the  settlement  of  the  claiiti 
of  Massachusetts  upon  the  United  States,  for  the  services 
of  her  Militia,  and  for  measures  of  defence,  during  the 
late  war,  it  might  confidently  have  been  expected  that 
little  further  delay  would  be  suffered  in  obtaining  a  final 
liquidation  of  the  accounts,  and  payment  of  the  debt,  at 
least  to  the  extent  of  the  appropriation.  The  act,  in- 
deed, 171  terms,  referred  the  claim,  for  examination  and 
adjustment,  upon  certain  principles  of  discrimination  in 
regard  to  the  character  of  the  service,  to  the  proper  ac- 
counting officers  of  the  Treasury,  under  instructions  from 
the  Secretary  of  War.  But,  as  the  accounts  had  already 
been  before  the  department,  where  they  had  received  a 
minute  and  critical  investigation,  it  was  supposed  that 
the  application  of  the  provisions  of  the  law  to  the  results 
of  the  previous  auditings  would,  at  once,  be  conclusive  of 
the  favorable  disposition  of  the  greater  part  of  the  de- 
mand. By  rules  much  more  rigorous,  a  sum  exceeding 
four  hundred  and  thirty  thousand  dollars  had  been  found 
admissible  against  the  United  States  ;  and  it  needed  but 
a  reference  to  the  public  documents,  to  be  convinced 
that  no  part  of  this  amount  could  now  be  excluded.  The 
political  objections  which  had  heretofore  been  interposed 
to  the  settlement  of  the  claim  were  waived  by  the  pass- 
ing of  the  act,  and  the  services  were  manifestly  of  a  de- 
scription to  be  brought  within  the  scope  of  its  remedial, 
provisions.  By  the  first  article,  under  which  the  right 
to  compensation  was  mainly  to  be  insisted  on,  it  was  re- 
quired only,  that  it  should  be  made  to  appear  that  '   the 


444  GOVERNOR'S  MESSAGE. 

Militia  were  called  out  to  repel  invasion,  or  under  a  well 
founded  apprehension  of  invasion,  and  that  their  numbers 
were  not  in  undue  proportion  to  the  exigency,"  and  the 
accounts  were  to  be  settled  upon  tiie  same  principles  of 
allowance  which  had  been  adopted  in  the  settlement  of 
the  claims  of  other  States,  in  similar  cases.  In  the  pro- 
ceedings of  the  former  auditing,  the  whole  claim  had 
been  reduced  to  the  strictest  classification  under  heads  of 
discrimination  plainly  to  be  understood.  A  separation 
had  been  made  of  the  different  parts  of  the  account.  A 
portion,  consisting  of  unobjectionable  and  admitted  char- 
ges, became  a  certain  and  ascertained  debt  ;  the  doubt- 
ful, or  unsatisfactory  items,  requiring  explanation  or  fur- 
ther proof  to  their  allowance,  constituted  a  suspended 
balance  ;  and  it  seemed  but  necessary  to  present  the 
existing  state  of  the  accounts  to  the  view  of  the  Secre- 
tary, under  the  reference  made  to  him  by  the  law,  to 
obtain  his  directions  to  the  immediate  payment  of  the 
liquidated  part,  and  instructions  to  the  accounting  officers 
for  the  revision  and  examination  of  the  remainder. 

No  time  was  lost  in  attempting  to  engage  the  earliest 
attention  of  the  Secretary  to  the  subject.  As  early  as 
the  9th  of  June,  (the  act  having  passed  on  the  31st  of 
May,)  I  addressed  to  him  a  letter,  referring  to  the  law, 
and  requesting  to  be  informed  how  soon  the  business 
might  receive  his  directions.  The  delay  which  had  al- 
ready taken  place,  of  more  than  fifteen  years  from  the 
dates  of  the  disbursements,  and  the  earnest  desire  of  the 
State  for  immediate  payment,  were  pressed  upon  his  con- 
sideration. He  was  reminded  of  the  circumstance  of  the 
former  auditing  of  the  accounts,  and  of  the  facility  which 
this  might  now  afford  to  their  ready  adjustment,  and  he 
was  respectfully  solicited  to  adopt  the  report  of  the  Au- 


GOVERNOR'S  MESSAGE.  445 

ditor  in  favor  of. the  allowance  to  the  extent  to  which  the 
charges  were  found  admissible,  upon  the  principles  on 
which  that  auditing  had  been  conducted,  and  to  cause 
the  residue,  under  the  more  liberal  provisions  of  the  law, 
to  be  made  the  subject  of  further  inquiry.  Before  this 
letter  reached  Washington,  the  Secretary  had  left  the 
seat  of  government.  Its  receipt,  however,  at  the  de- 
partment, was  subsequently  acknowledged  by  the  acting 
Secretary,  under  date  of  the  15th  of  June,  with  informa- 
tion that  "  it  would  be  laid  before  the  Secretary  immedi- 
ately upon  his  return,  until  which  time  nothing  could  be 
done  in  regard  to  it."  That  there  might  be  no  want  of 
preparation  to  prosecute  the  business  whenever  opportu- 
nity should  be  permitted,  a  gentleman  of  high  distinction, 
who,  as  a  member  of  the  Delegation  in  Congress,  had 
made  himself  familiar  with  the  merits  of  the  claim,  and 
ably  and  successfully  vindicated  its  justice,  was  appoint- 
ed an  Agent  of  the  State,  pursuant  to  the  resolve  of  the 
Legislature  of  the  5th  of  June  last.  Notice  of  this  ap- 
pointment, under  date  of  the  29th  of  June,  was  forwarded 
to  the  Secretary,  in  Tennessee,  with  a  request,  that,  if 
his  return  was  to  be  delayed,  he  would  give  instructions 
to  the  proper  officer  to  proceed,  during  his  absence,  in 
the  examination  of  the  accounts,  so  far  as  the  revision  of 
them  might  be  found  necessary.  It  was  not  until  the 
first  of  September,  that  a  communication  was  received 
from  him,  of  the  date  of  the  1 8th  of  August,  at  Franklin, 
in  Tennessee,  by  which  I  was  informed,  that  "  no  rule  or 
regulation  had  been  made  on  the  subject  previous  to  his 
leaving  Washington,  but  on  his  return  the  next  month, 
it  should  be  among  the  first  subjects  to  engage  his  atten- 
tion, and  that  he  had  written  to  the  3d  Auditor  to  have 
the  account  prepared  and  in  readiness,  under  the  general 


UG  GOVERNOR'S  MESSAGE. 

heads  directed  by  Congress,  that,  on  his  return,  it  might 
be  acted  upon."  The  agent,  who,  in  the  mean  time,  had 
also  addressed  the  department  to  procure  an  attention  to 
the  subject,  now  applied  to  the  Auditor  for  information 
of  the  course  which  was  to  be  given  to  the  inquiry,  with 
a  proffer  of  any  services  which  his  agency  for  the  State 
might  render  useful.  He  was  immediately  answered, 
that  "  a  reply  would  have  to  be  deferred  until  the  return 
of  the  Secretary." 

On  the  last  day  of  October,  the  Secretary  reached 
Washington,  where  the  Agent,  by  a  few  days  had  antici- 
pated his  arrival.  The  proposition  was  now  distinctly 
renewed,  personally,  and  in  writing,  by  the  Agent,  that 
the  ascertained  sum  of  the  admissible  charges  upon  the 
former  auditing  should  be  paid  on  that  part  of  the  ac- 
count, and  a  revision  of  the  residue  be  proceeded  in,  or 
that  the  advancement  of  that  amount  should  be  made 
generally,  and  the  examination  of  the  whole  claim  im- 
mediately entered  upon.  After  an  interchange  of  several 
communications,  and  a  delay,  from  the  1st  to  the  13th  of 
November,  the  Agent  was  informed,  that  the  various  en- 
gagements of  the  Secretary,  under  the  ordinary  details 
merely  of  the  office,  and  the  business  preparatory  to  the 
meeting  of  Congress,  "  made  it  impracticable  to  exam- 
ine, at  once,  into  the  claims  of  Massachusetts  and  North 
Carolina,  both  of  which  were  before  him."  Upon  re- 
ceiving this  information,  and  being  satisfied  that  a  further 
continuance  at  the  seat  of  government,  at  that  time,  would 
be  of  no  avail  to  the  interests  of  the  State,  the  Agent  re- 
turned to  Massachusetts. 

This  particular  but  naked  recital  of  facts  and  dates, 
without  comment,  I  have  felt  constrained  to  make,  in  ac- 
quittal of  my  own  responsibility,  and  to  afford  the  infor- 


GOVERNOR'S  MESSAGE.  447 

mation  due  to  the  Legislature  and  the  people  of  the 
State,  on  a  subject  of  deep  and  exciting  public  interest 
and  solicitude. 

The  whole  correspondence  with  the  department,  and 
a  report,  made  to  me  by  the  Agent,  will  be  laid  before 
you.  I  trust  it  will  thus  be  made  sufficiently  to  appear, 
that  neither  in  season  nor  in  endeavor  has  any  thing  been 
omitted,  on  behalf  of  the  State,  to  bring  this  long  vexed 
matter  to  a  satisfactory  issue.  We  have  now  the  assur- 
ance of  the  Secretary,  that  "  speedily  as  possible,  the 
claim  will  be  attended  to."  The  Agent  will  be  present 
to  represent  the  interests  of  the  State,  to  exhibit  the 
proofs,  and  offer  the  explanations  and  arguments  which 
may  be  required,  or  to  suggest  any  further  measures  of 
attention  which  may  be  made  necessary  here. 

During  the  recess  of  the  Legislature,  measures  have 
been  taken  to  execute  the  provisions  of  the  Resolve  for 
the  erection  of  a  Lunatic  Hospital.  Upon  the  advice  of 
the  Executive  Council,  after  diligent  inquiry  and  a  faith- 
ful comparison  of  various  proposed  situations,  and  with 
heed  to  the  injunction  which  required,  "  that  in  selecting 
an  eligible  site  for  the  Hospital,  regard  should  be  had  to 
the  centre  of  population,  and  to  the  cheapness  of  labor 
and  materials  for  the  construction  of  the  building,"  the 
location  of  the  Institution  was  fixed  in  the  town  of  Wor- 
cester. A  plot  of  twelve  acres  of  Land,  purchased  at  the 
cost,  to  that  Corporation,  of  twenty-five  hundred  dollars, 
of  a  singularly  regular  and  beautiful  elevation,  command- 
ing a  view  of  the  town  and  the  rich  scenery  of  the  sur- 
rounding country,  sufficiently  near  to  the  market  and 
principal  places  of  business  for  necessary  accommodation, 
and  yet  so  retired  as  to  be  secure  from  improper  intrusion 
or  disturbance,  and  within  a  short  distance  of  the  head 


448  GOVERNOR'S  MESSAGE. 

waters  of  the  Blackstone  Canal,  has  been  conveyed  in  fee 
to  the  Commonwealth,  without  other  consideration  than 
the  interest  taken  in  the  locality  of  the  Institution  ;  and 
the  registered  deed  thereof,  approved  and  accepted  by 
the  Executive,  is  deposited  in  the  Archives  of  State. 

Commissioners  were  appointed  to  cause  the  erection 
of  the  Hospital,  pursuant  to  the  further  directions  in  the 
Resolve,  and  the  work  has  been  commenced  and  prose- 
cuted as  far  as  the  season  and  other  circumstances  would 
permit. 

It  is  with  great  satisfaction  that  I  feel  authorized  to 
add,  that  the  preference  which  was  given  to  the  selected 
site  is  fully  justified  by  the  more  recent  observations  and 
practical  experience  of  the  Commissioners.  It  has  been 
found,  that  the  natural  formation  of  the  ground  was  pecu- 
liarly adapted  to  the  application  of  an  approved  plan  for 
the  Building,  and  that  labor  and  most  of  the  materials  are 
to  be  obtained  at  rates  lower  than  the  estimates.  The 
character  of  the  Commissioners,  for  intelligence,  energy, 
and  discretion,  and  the  deep  interest  which  they  have  ta- 
ken in  accomplishing  the  humane  and  philanthropic  pur- 
poses of  the  Government,  afford  the  best  assurance,  that 
the  Structure,  with  its  appurtenant  accommodations,  will 
be  prepared  for  occupation,  with  as  much  economy  and 
dispatch,  as  the  nature  and  magnitude  of  the  undertaking 
will  admit. 

The  authority  given  to  the  Executive  to  cause  a  Map 
of  the  State  to  be  made  from  actual  surveys,  on  Trigono- 
metrical principles,  and  by  Astronomical  observations,  is 
in  a  course  of  execution.  An  assistant  Civil  Engineer,  of 
high  qualifications,  and  much  experience,  has  been  asso-jr 
ciated  with  the  Principal  Surveyor  in  the  labor  of  admea- 
suring the  Lines  and  projecting  a  Plan  of  the  Territory. 


GOVERNOR'S  MESSAGE.  449 

Some" delay  in  commencing  the  work  was  unavoidable, 
from  the  want  of  suitable  Instruments  for  its  accurate  and 
satisfactory  accomplishment.  Such  as  were  not  other- 
wise to  be  obtained  in  the  countrj,  have  been  procured 
on  loan  from  the  Engineer  Department,  under  directions 
from  the  President  of  the  United  States,  who  justly  re- 
garded the  service,  which,  in  the  manner  proposed  for  its 
performance,  would  necessarily  present  a  Chart  of  our 
extensive  Sea  Coast,  and  ascertain  the  proper  positions 
for  signals,  and  stations  for  telegraphic  communication, 
in  the  event  of  foreign  war,  as  a  thing  of  national  interest. 
Since  the  instruments  were  received,  the  Engineer  has 
been  diligently  employed  in  fixing  a  base  line,  in  the 
neighborhood  of  the  Connecticut  River,  of  sufficient  ex- 
tent for  the  process  of  Triangulation.  A  line  of  verifica- 
tion is  yet  to  be  found  in  the  Southern  section  of  the 
Commonwealth.  With  the  opportunity  of  preparation, 
during  the  winter,  the  surveys  may  be  resumed  early, 
and  prosecuted,  uninterruptedly,  another  season. 

The  pains  proposed  to  be  bestowed  upon  this  work,  to 
make  it  thoroughly  correct  and  worthy  the  authority  of 
the  State,  although  occasioning  some  delay  in  the  time 
of  its  execution,  and  necessarily  attended  with  consider- 
able expense,  will,  I  trust,  meet  with  your  approbation. 
A  good  Map  of  the  Commonwealth  has  long  been  an  ob- 
ject of  very  general  and  earnest  desire.  The  attention 
recently  given  to  the  subject  of  internal  improvement,  has 
more  clearly  evinced  the  want,  and  increased  the  need  of 
such  a  Directory.  All  classes  of  People  have  an  interest 
in  its  possession  and  use.  Not  only  is  it  of  convenience 
in  the  conduct  of  many  of  the  most  common  concerns  of 
Individuals,  but  the  Legislator  and  the  Magistrate  find 
occasion  for  the  aid  it  affords  in  the  discharge  of  public 
.59 


450  GOVERNOR'S  MESSAGE. 

trusts.  Not  a  Town  or  Parish  is  created  or  altered  in  its 
limits,  nor  a  Road  established  or  discontinued,  but  upon 
recourse  to  the  Map  for  the  bearings  of  these  measures 
upon  existing  divisions  of  Territory.  When  it  is  consid- 
ered, how  constantly  and  universally  the  Map  is  consult- 
ed, and  how  extensively  it  is  made  to  affect  the  affairs  of 
the  community,  the  importance  of  its  accuracy  will  not 
be  too  highly  estimated.  Reference  to  lines  and  monu- 
ments and  the  natural  boundaries  of  country  are  but  mis- 
directions, when  these  are  incorrectly  delineated.  They 
mislead  in  the  commencement  of  undertakings,  and  occa- 
sion mistakes  in  their  progress,  and  disappointment  and 
loss  in  the  issue  of  them. 

Greater  progress  has  been  made  in  the  Geological  ex- 
plorations of  the  State.  The  distinguished  Professor, 
who  is  charged  with  this  service,  has  successfully  devot- 
ed to  it  the  most  favorable  season  of  the  past  year.  With 
a  single  Attendant,  and  at  little  expense,  he  has  examined 
the  Geological  structure  of  the  Southern  and  South  East- 
ern Sections  of  the  Commonwealth,  as  far  North  as  a 
line  in  a  direction  from  the  mouth  of  Miller's  River  to 
Salem,  including  the  principal  Islands  on  the  Sea  Coast, 
and  having,  at  a  former  period,  acquired  a  general  know- 
ledge of  the  Geology  of  the  country  West  of  the  Connec- 
ticut River,  there  remains  only,  for  his  labors  abroad,  a 
partial  re-examination  on  that  side,  together  with  a  sur- 
vey of  the  portion  East  of  that  River  and  North  of  the 
line  aforementioned.  In  a  recent  communication,  he  in- 
forms me,  that  "  three  quarters  of  the  State  have  now 
been  explored,  geologically,  and  that  he  may  probably 
finish  his  examination  in  another  season." 

Directions  were  given,  that,  in  connexion  with  the  sur- 
vey, specimens  of  all  minerals,  and  varieties  of  rocks  of 


GOVERNOR'S  MESSAGE.  451 

rare  formation,  or  of  adaptation  to  ornamental  or  useful 
purposes,  should  be  preserved  in  sets,  for  the  Goverir 
ment,  and  for  the  Cabinets  of  each  of  the  Colleges.  The 
collection  is  already  extensive,  comprising  more  than  a 
thousand  specimens,  scientifically  distinguished  and  la- 
belled. The  Report,  which  may  be  looked  for  from  the 
learned  Professor,  on  the  completion  of  the  work,  will 
not  fail  to  be  highly  interesting,  and  a  valuable  acquisi- 
tion to  the  stores  of  knowledge.  Some  suggestions  made 
by  him  of  new  subjects  for  inquiry,  which  I  deem  proper 
to  refer  to  your  consideration,  induce  me  to  submit  to  you 
parts  of  a  late  correspondence  between  us. 

The  Reports  of  the  Officers  of  the  State  Prison  show 
the  highly  improved  condition  of  that  Institution.     It  is 
now  made,  eminently,  what  a  Penitentiary  should  become, 
a  place  of  just  yet  merciful  correction,  and  of  the  means 
of  moral  reform.     A  strict  and  steady  discipline  has  been 
enforced  from  the  time  of  the  occupation  of  the   new 
Building.     All  improper  indulgencies  have  been  effectu- 
ally repressed,  intercourse  and  social  communication  are 
prevented,  and  constant  restraint,  in  alternate  labor  and 
the  seclusion  of  the  solitary  cell,  is  imposed.     The  faith- 
ful offices  of  the  Chaplain  give  opportunity  for  religious 
improvement.     Instruction  is  imparted    in    exercises   of 
private  and  public  devotion,  by  an  attendance  on  morning 
and    evening   prayers,  in  the  teachings  of   the  Sunday 
School,  and  in  stated  ministrations  on  the  Sabbath.   Clas- 
ses of  the  young  and  ignorant  are  taught  to  read  and 
write,  and  whatever  respite  is  allowed  from  toil  to  any,  is 
given  to  the  means  of  moral  and  intellectual  culturp,   to 
self  reflection,  or  to  necessary  rest^     Already  the  fierce 
and  turbulent  spirit  is  seen  to  yield,  and  habits  of  sub- 
mission, useful  occupation,   and   patient  industry  to  be 


452  GOVERNOR'S  MESSAGE. 

formed.     The  Inspectors,  in  their  Report,  say,    "  the  el- 
fects  of  the  new  system,  under  the  direction  of  the  War- 
den, Chaplain,  and  Pliysician,  are  visible  and  cheering  to 
the  prospects,  and  encouraging  to  the  hopes  of  the  friends 
of  Penitentiary   Reform.     The   Convicts   have   become 
more  submissive,  obedient,  orderly  and  contented,  more 
susceptible  of  moral  influences  and  religious  impressions. 
They  are  easily  governed,  and  attentive  to  the  instruc- 
tions  of  the  Chaplain.     Few  punishments  are  inflicted, 
and  those  chiefly  for  minor  oflences,  and  their  daily  tasks 
are  diligently  performed,    without  the  aid  of  pecuniary 
rewards."     A  frequent  visitation  and  careful  inspection 
of  the  Prison  afford  the  truest  cause  for  satisfaction  with 
this  representation.     To  the  principal  Officers  the  com- 
munity are   indeed   indebted,   in   a  measure   of  respect 
greatly  beyond  what  is  due  for  the  mere  performance  of 
duty.     They  have  given  to  the  objects  and  interests  of 
the  institution  a  purpose  of  mind,  and  a  devotion  of  feel- 
ing, which  have  added  ten-fold  influence  to  the  voice  of 
authority. 

With  the  advancement  of  moral  purposes,  it  is  gratify- 
ing to  find  that  the  pecuniary  affairs  of  the  Prison  are 
also  improving.  By  the  accounts  made  up  to  the  first  of 
October,  the  balance  of  expenditures  beyond  the  earnings 
of  the  convicts,  the  last  year,  appears  to  be  ,^6892,02 — 
and  the  whole  excess,  into  ^90,60,  to  have  been  incurred 
in  the  first  six  months  of  that  period.  The  deficiency  in 
1829,  was  ^8396,43,  and  in  the  year  preceding  it  ex- 
ceeded ^12,000.  It  should  be  distinctly  understood,  that 
in  stating  the  accounts  for  the  year  past,  no  credit  has 
been  given  for  the  labor  of  the  convicts  upon  the  new 
chapel  erected  within  that  time,  and  that  the  institution 
Is  chargeable  with  an  expense  of  not  less  amount,  in  the 


GOVERNOR'S  MESSAGE.  453 

estimation  of  the  Inspectors,  than  ;$f2000  anniialhj^  for 
the  removal  of  prisoners  from  the  County  Jails,  and  for 
clothinii  furnished  to  discharoed  convicts,  and  allowan- 
ces  of  money  to  enable  them  to  return  to  their  families, 
or  for  their  temporary  subsistence  while  they  seek  employ- 
ment, immediately  upon  their  liberation.  These  items, 
so  considerable  in  the  aggregate,  and  the  latter  so  credit- 
able to  the  humanity  of  the  laws,  have  no  necessary  con- 
nexion with  the  support  of  the  Prison.  They  are  believed 
to  be  peculiar  to  this  establishment,  and  should  be  taken 
into  consideration,  when  comparing  the  accounts  of  re- 
cent with  former  years,  and  the  pecuniary  results  of  this, 
with  other  similar  Institutions.  With  such  deductions, 
and  a  credit  to  the  Prison  for  the  labor  upon  the  Chapel, 
the  balance  of  the  last  year  would  be  reduced  to  less 
than  ^4000. 

It  is  scarcely  reasonable  to  expect  that  the  Prison, 
under  an  entire  change  in  its  arrangement  and  govern- 
ment, should  be  made,  at  once,  a  place  of  profitable  labor. 
From  the  physical  incapacity  of  some  of  the  convicts,  the 
short  terms  of  the  commitments  of  many  of  them,  their 
previous  habits  of  idleness,  and,  generally,  their  ignorance 
and  unskilfulness,  at  first,  in  the  work  to  which  they  are 
put,  their  productiveness  is,  in  no  degree,  proportionate 
to  their  numbers.  But  experience  is  continually  suggest- 
ing improved  modes  for  their  employment,  and  for  effect- 
ing savings  in  the  cost  of  their  support.  By  judicious 
management,  rigid  economy,  and  a  strict  accountability 
under  the  administration  of  the  present  system,  it  may  be 
hoped,  that  the  annual  debit  will  be  made  gradually  to 
diminish,  and,  with  better  prices  for  labor  and  the  produc- 
tions of  the  Prison,  the  balance  may  be  shifted  to  the 
credit  side  of  the  account.     The  Reports  to  which  I  have 


454  GOVERNOR'S  MESSAGE. 

referred  will  be  laid  before  you.  They  present,  in  inter- 
esting detail,  a  history  of  the  management  and  condition 
of  each  department  of  the  Institution.  I  particularly  re- 
commend to  your  official  direction  the  alterations  which 
are  proposed  in  the  Hospital,  and  the  further  accommoda- 
tions which  are  required  in  the  Yard.  If  these  should  be 
authorized,  they  may  be  executed,  principally,  by  the  la- 
bor of  the  Convicts. 

The  Accounts  of  the  Treasury  Department  for  the 
past  year,  made  up  to  the  first  of  the  present  month,  show 
an  excess  of  Expenditures  over  Receipts,  of  j$  10,55 1  16  ; 
the  former  amounting  to  ^330,440  28,  the  latter  to 
^319,889  12.  This  is  exclusive  of  loans,  on  the  one 
hand,  or  payments  on  account  of  loans  on  the  other.  At 
the  commencement  of  the  last  year  the  debt  of  the  Com- 
monwealth, on  account  of  money  borrowed,  was  ;^  107,300 
00  ;  it  is  now  $114,100  00.  The  balance  in  the  Trea- 
sury was  then  |f29,026  38— now  it  is  $25,275  22.  In 
comparing  the  amount  of  expenditures  for  the  two  years, 
as  they  appear  in  the  abstracts  of  the  Treasurer,  it  is  to 
be  regarded,  that  the  salaries  of  the  Civil  Officers  of  the 
Government,  for  three  quarters  only,  were  included  in 
the  account  of  1829,  while  the  remaining  quarter  of  that 
year  now  swells  the  amount  of  expenses  for  1830.  It 
should  also  be  noted,  that  the  receipts  from  the  ordinary 
resources  of  the  Treasury  have  sensibly  fallen  oiT.  The 
amount  of  Duties  received  from  Auction  Sales,  is  less  by 
$4,209  27;  and  from  the  reduction  of  the  Capital  ot  some 
of  the  Banks,  and  by  vacating  the  charters  of  others,  the 
Bank  Tax  has  been  diminished  $4,402  70.  A  small  pro- 
portion only  of  the  appropriations  for  Surveys  now  going 
on,  and  for  the  Hospital  in  building,  has  yet  been  want- 
ed, and  the  balance  should  be  taken  into  the  estimate  of 
4BYnr-.nses  for  the  current  year.     To  meet  the   demands 


GOVERNOR'S  MESSAGE.  455 

upon  the  Treasury,  and  prevent  the  accumulation  of 
debt,  the  grant  of  a  tax  of  the  usual  amount  will  be  ne- 
cessary. 

My  attention  has  been  drawn  to  a  decision  of*  the  Su- 
preme Judicial  Court  of  the  Commonwealth,  at  the  last 
term  in  Suffolk,  in  an  action  of  debt  brought  by  the 
Treasurer,  on  an  Auctioneer's  Bond,  for  the  recovery  of 
a  sum  of  money  supposed  to  have  accrued  to  the  Govern- 
ment, under  the  Statute  of  1822,  Ch.  87,  imposing  duties 
upon  Sales  by  Auction.  The  act  provides  that  all  Real 
and  Personal  Estate,  with  certain  exceptions  not  affecting 
the  case,  which  shall  at  any  time  he  exposed  to  sale  at 
public  auction  or  vendue,  shall  be  subject  to  certain  speci- 
fied duties.  In  the  case  before  the  Court,  the  transaction 
was  an  offer  at  auction  to  lease  certain  tenements  for  five 
years  to  the  highest  bidder  of  an  annual  rent  for  their 
occupation,  for  that  time.  The  contract  was  struck  off 
at  a  bid  of  ^1950  annually,  and  a  Lease,  by  Deed  of  In- 
denture, thereupon  executed  between  the  owners  in  fee 
and  the  Purchaser.  It  was  held  by  the  Court,  that  this 
was  not  a  sale  of  Real  or  Personal  Estate,  under  the  Stat- 
ute, there  being  no  Estate  sold,  but  a  mere  contract  to  cre- 
ate an  Estate  for  years.  "  All  that  was  offered  to  be  sold 
and  was  sold,  (say  the  Court,)  was  an  engagement  or 
contract  to  lease  the  Estate  for  five  years.  It  was  only 
in  fact  to  ascertain  the  Annual  Rent  in  the  form  of  a 
Sale." 

This  construction,  although  unquestionably  sound 
and  required  by  the  language  used  in  the  Statute, 
was  different  from  that  which  had  been  practical- 
ly adopted  at  the  Treasury,  and,  in  its  application,  it  is 
apprehended,  may  seriously  affect  the  revenue  from  sales 
by  Auction.     It  certainlv  indicates  a  defect   in  the  law. 


456  GOVERNOR'S  MESSAGE. 

through  which,  by  a  little  management,  its  provisions 
may,  in  many  cases,  be  evaded.  Contracts,  by  auction, 
to  lease  Real  Estate  are  of  frequent  occurrence.  They 
are  made  for  all  periods  of  time,  from  a  single  quarter,  to 
a  length  of  continuance  short  only  of  an  absolute  fee.  In 
principle  there  can  be  no  difference  between  a  contract 
for  a  Lease  for  five  years,  and  one  for  ninety-nine  years, 
a  limitation  not  unfreqiient  in  the  transfer  of  Real  Prop- 
erty. If  the  law  is  to  attach  to  no  contract  of  sale  by 
auction,  but  where  the  property  itself,  in  its  pre-existing 
state,  is  the  subject  of  the  sale,  a  class  of  cases  will  es- 
cape the  tax,  which  are  clearly  within  the  reason  of  the 
enactment.  Most  transfers  may  be  effected  by  such  ex- 
ecutory engagements.  Any  less  estate,  carved  out  of  a 
greater,  is  as  truly  a  new  created  interest,  as  a  term  for 
years  out  of  a  tenancy  in  fee.  It  is  intimated  in  the 
opinion  of  the  Court,  that  the  sale  of  an  actually  existing 
lease  may  be  within  the  liability  to  the  duty.  But  it  is 
manifest  that  the  duty  here  would  be  evaded,  by  a  con- 
tract to  assign  a  property,  less  in  amount  or  duration,  or 
in  any  respect  other  than  the  lease  itself,  with  the  whole 
interest  held  under  it.  The  rule  of  construction  given 
to  the  law,  may,  possibly,  also  be  made  to  apply  to  per- 
sonal property. 

For  Merchandize  itself,  a  contract  in  form  to  deliver 
Merchandize  may,  in  some  instances,  conveniently 
enough  be  substituted  ;  and  in  lieu  of  a  sale  of  goods, 
there  may  be  only  an  engagement  with  the  highest  bid- 
der, for  supplies  of  goods.  For  aught  I  can  perceive,  all 
the  raw  materials  for  manufacturing  establishments  or 
for  other  objects  might,  through  the  intervention  of  auc- 
tions, thus  be  provided,  and  their  products,  in  return, 
disposed  of.     Instead  of  a   hundred  bales  of  Cotton,  for 


GOVERD^OR'S  MESSAGE.  457 

instance,  an  offer  to  contract  for  furnishing  this  article, 
in  any  quantity  and  for  any  time,  might  be  the  subject  of 
sale  to  the  highest  bidder.  In  this  no  property  would 
be  sold,  but  an  engagement  only  to  furnish  property,  and 
the  bid,  as  in  the  case  of  the  lease,  would  but  ascer- 
tain the  price.  If,  therefore,  the  Legislature  intend  that 
sales  of  this  description  shall  hereafter  pay  a  duty,  the 
law  requires  amendment.  The  case  decided  by  the 
Court  may  be  of  a  class  intentionally  omitted,  but  the 
construction  which  the  law  has  received  will  present 
questions  of  more  important  bearing.  The  subject  is 
worthy  of  regard,  and  I  recommend  the  expediency  of 
revising  the  statute  to  your  consideration.  Should  this 
be  done,  it  may  be  necessary  to  prescribe  a  mode  by 
which,  when  the  sale  is  for  a  contingent  sum  or  upon  an 
annual  rent,  the  amount  of  duty  shall  be  determined. 

The  important  and  responsible  Agency  of  the  Land 
Office  continues  to  be  satisfactorily  and  successfully 
conducted.  By  the  judicious  arrangement  and  personal 
care  and  supervision  of  the  Agent,  the  public  lands  are 
protected  from  depredation,  and  sales,  to  a  considerable 
amount,  effected.  During  the  last  year,  these  sales,  of 
various  parcels,  in  different  parts  of  the  State  of  Maine, 
equal  in  quantity  to  about  five  Townships  of  six  miles 
square,  have  produced  ^^30,931  41,  and  the  permits  for 
the  cutting  of  Timber  ^3238  02.  The  aggregate  amount, 
after  deducting  incidental  expenses,  has  been  paid  by 
the  Agent,  in  money  and  securities,  into  the  Treasurj?^  of 
the  State. 

The  authority  under  which  the  Agent  now  acts,  restricts 

him  in  the  sale  of  townships  to  those  which  lie  south  of  the 

MonuKient  Line.     On  the  north  of  that  line  the  lands  are 

said  to  be  of  excellent  quality  and  in  demand  for  settling. 

60 


458  GOVERNOR'S  MESSAGE. 

I  submit  to  the  Legislature  whether  it  may  not  be  expe- 
dient to  extend  the  authority  of  the  Agent,  under  restric- 
tions as  to  price  and  number  of  Townships,  to  sell  on  ei- 
ther side  of  the  line,  where  the  demand  shall  give  the  best 
market.  It  is  obviously  for  the  interest  of  the  Government 
to  dispose  of  those  lands  first,  which  are  most  sought  af- 
ter for  immediate  settlement,  as  by  every  approximation 
of  population  and  improvement  to  the  more  remote  and 
less  desirable  districts,  these,  in  turn^  become  appreciated. 

In  proposing,  however,  an  extension,  or  even  a  contin- 
uance, of  the  sales  of  the  Public  Lands,  I  cannot  but  ask 
your  indulgence  to  the  repetition  of  a  recommendation 
offered  by  me  to  a  former  Legislature,  that  the  proceeds 
should  be  made  to  constitute  a  fund,  pledged  to  the  pur- 
poses of  Education,  and  to  objects  of  Internal  Improve- 
ment. The  payments  are  now  made  into  the  Treasury, 
and  there  absorbed  by  the  current  expenses  of  the  Gov- 
ernment. The  Land  is  sold,  the  money  spent,  and,  by 
this  process,  ere  long,  that  Estate,  which  came  as  a  patri- 
mony from  our  Fathers,  and  the  enjoyment  of  which,  in 
some  form  or  other,  should  be  regarded  as  a  sacred  right 
of  inheritance  in  our  children,  will  be  lost,  utterly,  both 
to  us  and  to  them. 

It  is  represented  to  me,  by  the  Agent,  that  the  Lands 
appropriated  by  the  Resolves  of  the  4th  of  March,  1 828, 
and  the  18th  of  February,  1829,  for  assignment  to  the  non- 
commissioned Officers  and  Soldiers  of  the  Revolutionary 
Army,  who  served  three  years,  as  a  part  of  this  States' 
quota,  and  were  honorably  discharged,  or  to  their  Legal 
Representatives,  will  be  insufficient  to  satisfy  the  claims 
of  all  those,  who  are  entitled  to  Lots  under  the  bounty  of 
the  Government,  and  that  a  further  designation  %  the 
Legislature,  of  the  Townships  out  of  which  the  particular 
assignments  shall  be   made,  will  soon  become  necessary 


GOVERNOR'S  MESSAGE.  459 

So  far  from  its  being  cause  for  regret,  that  these  claims 
have  proved  numerous  beyond  anticipation,  it  is  occasion 
of  the  truest  joy,  that  there  is  yet  allowed  to  the  present 
generation  opportunity  for  a  recognition,  even  by  this 
poor  gratuity,  of  obligations  forever  due  to  the  services 
and  sufferings  of  brave  and  patriotic  Ancestors. 

The  Judicial  investigation  of  an  appalling  outrage  upon 
the  inviolability  of  Habitation  and  Person,  in  a  neighbor- 
ing County,  during  the  last  year,  has  induced  to  a  more 
thorough  discussion,  and  certain  understanding  of  the 
law  in  relation  to  Principals  and  Accessaries  in  Felo- 
nies. It  is  now  solemnly  settled,  by  the  highest  legal 
tribunal,  that  the  rule  of  the  Common  Law,  which  re- 
quires that  the  principal  felon  must  be  convicted  before 
a  supposed  accessary  can  be  put  upon  trial,  unless  by 
his  own  consent,  is  directory  to  the  administration  of  jus- 
tice in  this  Commonwealth.  The  Court,  indeed,  while 
feeling  constrained  to  yield  to  the  authority,  express 
great  disapprobation  of  this  distinction.  The  late  learn- 
ed and  lamented  Chief  Justice,  whose  last  act,  in  a  life 
of  eminent  virtue,  true  greatness,  and  public  service,  was 
a  profound  research  into  the  foundation  and  support  of 
the  doctrine  of  the  common  law,  in  its  application  to  our 
system  of  jurisprudence,  that  he  might  find  wherewithal 
to  overrule  it,  pronounced  the  difference  which  existed, 
in  regard  to  the  form  and  manner  of  trial  of  principals 
and  accessaries  before  the  fact,  "  a  relic  of  the  unwise 
refinement  of  ancient  iimes,^^  and  suggested  "  that  the 
Legislature  would  probably  afford  a  remedy  for  future 
cases."  The  unsoundness  of  a  rule,  which,  however 
plausibly  it  may  be  sustained  by  reasoning  in  the  ab- 
stract, that  there  can  be  no  accessary  without  a  princi- 
pal, and  that  there  is  no  principal  imtil  conviction,  yet 


460  GOVERNOR'S  MESSAGE. 

practically  has  a  bearing  only  towards  impunity  for  crime, 
camiot  but  be  apparent.  Its  clTcct  may  be,  and  often 
has  been,  to  discharge  one  guilty  man  because  another 
eludes  justice.  Successful  concealment  or  escape,  or 
death  by  the  visitation  of  Providence,  or  an  act  of  self- 
violence,  may  prevent  a  conviction  of  him  who  might  be 
the  Aveak  and  templed  instrument  of  another  in  the  com- 
mission of  crime,  and  the  consequence  is  entire  immunity 
to  the  profligate  and  abandoned  contriver  and  instigator 
of  the  wickedness. 

Nor  is  the  rule  itself  well  supported  by  the  only  reason 
on  which  it  rests.  Innocence  is  not  thereby  better  gi»ar- 
ded  from  peril.  There  may  be  even  less  safety  to  the 
accused,  from  this  very  course  of  proceeding.  When 
deeds  of  rare  and  dreadful  atrocity  are  perpetrated,  and 
the  public  mind  becomes  greatly  excited,  the  trial  of  a 
supposed  principal  may  be  precipitated  or  unconsciously 
prejudiced,  in  an  honest  zeal  to  reach  the  more  guilty 
accessary.  But  to  the  accessary  there  can  be  no  increase 
of  danger  from  his  previous  trial  to  that  of  the  principal. 
He  cannot  be  convicted  without  proof  of  the  guilt  of 
both,  and  doubt,  as  to  the  participation  of  either  in  the 
imputed  offence,  will  sufficiently  avail  to  nis  security. 
So  satisfactory,  in  recent  times,  were  the  objections  to 
the  law,  in  that  country  whence  we  derived  it,  that  an 
act  of  parliament  was  passed,  in  the  last  reign,  for  its 
alteration,  and  now,  in  England,  by  the  7th  George  4th, 
he  who  hires  or  procures  a  felony  to  be  committed,  "  may 
be  indicted  and  convicted,  either  as  an  accessary  before 
the  fact  to  the  principal  felony,  together  with  the  prin- 
cipal felon,  or  after  the  conviction  of  the  principal  felon  ;  _ 
or  may  be  indicted  and  convicted  of  a  substantive  felony, 
whether  the  principal  felon  shall  or  shall  not  have  been 


GOVERNOR'S  MESSAGE.  461 

previously  convicted,  or  shall  or  shall  not  be  amenable  to 
justice."  The  well  known  circumstances  of  the  transac- 
tion to  which  I  have  alluded  will  furnish  to  your  minds 
the  best  illustration  of  the  reasons  for  passing  a  similar 
statute  here.  I  submit  it  to  you,  respectfully,  that  it 
should  not  be  the  reproach  of  an  enlightened  Common- 
wealth, in  a  liberal  age,  that  it  became  the  last  repository 
of  the  "  relic  "  of  a  barbarous  jurisprudence. 

The  importance  to  the  community,  of  a  prompt,  able, 
and  efficient  administration  of  justice,  will  always  secure 
to  any  proposition,  by  which  it  is  designed  to  be  facilita- 
ted, a  favorable  attention.  It  has  of  late  been  a  subject 
of  very  general  and  just  remark,  that  the  increased  busi- 
ness of  the  Supreme  Judicial  Court  has  occasioned  a 
severe  pressure  on  time  for  its  regular  and  convenient 
transaction,  and  imposed  upon  the  Judges  oppressive  la- 
bor in  the  discharge  of  their  duties.  In  both  these  re- 
spects, I  apprehend,  much  relief  might  be  afforded,  and 
great  advantages  every  way  produced,  by  transferring 
the  criminal  jurisdiction,  except  only  in  capital  cases,  to 
the  Court  of  Comm.on  Pleas.  When  it  is  considered,  how 
that  tribunal  now  is,  and  always  may  be,  composed,  of 
men  of  talents,  learning,  and  sound  discretion,  enjoying 
the  full  confidence  of  the  people,  there  can  be  no  distrust, 
that,  from  such  change,  there  would  still  remain  the  same 
security  to  innocence,  and  like  certainty  of  the  just 
conviction  of  guilt.  The  criminal  code,  from  its  object, 
and  in  the  very  nature  of  our  institutions,  is  plain  and 
simple,  and  easy  to  be  understood,  rarely  giving  occa- 
sion, in  the  application  of  its  principles  to  facts,  or  in 
the  proceedings  upon  trials,  to  new,  subtle,  and  difficult 
legal  questions.  Should  these  occur,  they  may  be  refer- 
red, upon  exceptions,  or  a  report  of  the  presiding  Judge, 


462  GOVERNOR'S  MESSAGE. 

for  consideration  and  ultimate  decision,  to  the  highest 
tribunal.  It  is  also  to  be  regarded,  that  the  grand  and 
traverse  juries  are  now  by  law  constituted  in  the  same 
manner  in  both  Courts,  being  drawn  by  lot  to  serve  in 
either,  from  the  same  jury  boxes.  Hence  there  would 
be  no  less  qualification,  or  exercise  of  intelligence,  in 
those  with  whom  would  rest  the  issues  of  fact. 

As  an  additional  consideration  of  much  weight  in  favor 
of  the  alteration,  the  investigation  of  offences  would  be 
more  prompt,  from  the  greater  frequency  of  the  terms 
of  the  Common  Pleas.  The  accused,  not  unfrequently 
now,  are  confined  for  a  period  of  six  months,  waiting  the 
circuit  of  the  Supreme  Court  for  opportunity  for  trial. 
To  the  innocent  this  imprisonment,  in  many  cases,  is 
scarcely  less  severe  than  the  punishment  inflicted  upon 
crime,  while  to  the  guilty  it  metes  out  no  measure  of 
atonement,  and  offers  no  aid  to  reform.  To  the  State, 
also,  as  the  Treasurer's  Accounts  will  exhibit,  it  is  attend- 
ed with  great,  and  to  any  purpose  but  a  compliance  with 
the  law,  as  it  seems  to  me,  most  gratuitous  expense. 
The  terms  of  the  Common  Pleas  are  held  with  intervals 
of  half  the  time,  and  from  the  information  which  I  have 
of  the  sittings,  and  of  the  duties  of  the  Judges,  faithfully 
and  vigilantly  performed  as  they  are,  the  additional  as- 
signment of  the  criminal  business  would  not  constitute 
an  unreasonable  requirement  of  service. 

By  this  arrangement,  the  Supreme  Court  would  be 
spared  much  of  that  time  which  is  so  greatly  needed  for 
the  trial  of  civil  causes.  With  the  original  and  exclusive 
jurisdiction  of  the  numerous  classes  of  cases,  in  which  the 
punishment  is  imprisonment  in  the  State  Prison,  no  in- 
considerable portion  of  each  term,  in  the  large  Counties, 
is  occupied  in  criminal  trials,  and  with  the  imperative  du- 


GOVERNOR'S  MESSAGE.  463 

ty  of  delivering  the  jails,  these  trials  often  greatly  inter- 
fere with  the  business  of  the  whole  CourJ;,  on  the  Law 
Circuit.  Grand  and  traverse  juries  are  also  assembled 
immediately  upon  the  dismissals  of  precisely  similar 
bodies  in  the  Common  Pleas,  with  no  other  diversity  of 
duties,  than  what  results  from  the  difference  of  jurisdic- 
tion in  the  tribunals  before  which  they  are  convened,  and 
the  traverse  juries  are  often  detained  waiting  the  argu- 
ment of  causes  requiring  the  presence  of  the  full  Bench, 
to  be  afterwards  put  upon  the  discharge  of  their  appropri- 
ate office  in  the  trial  of  facts,  before  a  single  Judge. 

With  much  reflection  bestowed  upon  this  subject,  in  all 
its  various  bearings,  I  am  persuaded,  that  no  greater  im- 
provement could  be  produced  in  the  administration  of 
justice  in  this  Commonwealth,  than  by  the  measure  of 
transferring  the  criminal  jurisdiction  in  the  manner  pro- 
posed. ,  To  make  it  effectual  to  the  despatch  of  business 
in  the  Supreme  Court,  it  should  be  vested,  with  the  ex- 
ception before  suggested,  exclusively  in  the  Common 
Pleas.  This  only  could  prevent  interference  with  the 
civil  business  of  the  higher  tribunal,  and  save  the  occa- 
sion, most  generally,  either  of  grand  or  traverse  juries, 
at  the  law  sittings.  To  provide  for  the  trial  of  capital 
cases,  at  these  terms,  it  might  be  required  of  the  Sheriffs 
of  the  respective  counties  to  certify  commitments  for 
such  offences,  to  the  Chief  Justice,  who  thereupon  would 
give  order  to  the  Clerks  for  issuing  the  proper  venires  for 
the  attendance  of  Jurors.  May  it  not  also  be  worthy  of 
inquiry,  whether  still  further  benefit  would  not  result  to 
the  community  from  enlarging  the  final  jurisdiction  of  the 
Common  Pleas  in  civil  cases,  by  increasing  the  sum  which 
now  restricts  the  right  of  appeal.  This  would  have  a  ten- 
dency to  advance  the  usefulness  and  respectability  of  that 


464  GOVERNOR'S  MESSAGE. 

Court,  while  it  would  keep  from  the  docket  of  the  appellate 
jurisdiction  many  cases  of  less  pecuniary  importance  than 
the  costs  incurred  in  their  litigation. 

On  former  occasions,  I  have  earnestly  pressed  upon  the 
attention  of  the  Legislature  the  claims  of  the  impoverish- 
ed and  unfortunate  to  an  amelioration  of  the  laws  which 
subject  the  person  to  imprisonment  for  debt.  Increased 
information  and  greater  liberality  in  public  sentiment  on 
this  subject  encourage  the  hope,  that  some  measure  of  al- 
leviation will  now  be  adopted.  Experience  has  abun- 
dantly proved  how  utterly  unavailing  is  this  species  of 
coercion  to  the  collection  of  debts.  It  may  well  be  fear- 
ed, that  resort  to  it,  in  many  instances,  not  only  results  in 
showing  the  incapacity,  but  in  destroying,  also,  the  very 
inclination  to  make  payment.  Deep,  extensive,  unalle- 
viated  distress  is  the  consequence  of  the  imprisonment  of 
the  honest  poor,  and  with  the  privations  of  restraint  to 
the  debtor,  are  oft  times  mingled  the  keenest  sufferings 
of  tender  and  helpless  families  in  want.  Wise  and  pro- 
vident legislation  will  mark  the  distinction  between  ina- 
bility and  fraudulent  concealment,  and  while  it  will  se- 
cure to  the  former  the  indulgence  due  to  involuntary  mis- 
fortune, it  will  punish  the  latter  with  a  severity  merited 
only  by  deliberate  moral  transgression.  In  the  discus- 
sions which  have  been  had  before  the  public,  various 
modes  of  relief  have  been  proposed.  But  that  which  con- 
sists in  extending  exemption  from  arrest  to  a  much  lar- 
ger amount  of  debt  than  at  present,  and  in  all  other  cases 
substituting  security  for  the  appearance  of  the  debtor  to 
submit  to  an  examination,  for  imprisonment  previous  to 
an  opportunity  for  showing  his  right  to  a  discharge,  ap- 
pears to  have  been  most  favored.  These  are  simple  pro- 
visions, and  do  the   least  violence  to  former  opihions  an(? 


GOVERNOR'S  MESSAGE.  465 

accustomed  habits  of  business.  If  more  than  this,  in 
your  judgment,  can  practically  be  accomplished,  without 
weakening  the  salutary  restraints  upon  improvident  cred- 
its, or  impairing  the  motives  to  faithful  endeavors  in  the 
fulfilment  of  contracts,  it  will  meet  from  me  a  ready  and 
most  cordial  approval. 

By  the  Constitution  and  Laws,  the  civil  functions  of 
the  Chief  Magistrate  are  intimately  associated  with  an 
attention  to  the  military  department  of  the  Common- 
wealth, and  it  is  no  less  his  -duty  to  make  the  situation 
and  wants  of  the  latter  a  subject  of  official  communi- 
cation, whenever  occasion  may  require.  The  abstract 
of  the  last  annual  returns  gives  an  aggregate  of  49,^60 
enrolled  men.  The  obligations,  interests,  and  feelings, 
of  so  large  a  class  of  our  fellow  citizens  can  never  be 
passed  unheeded,  or  be  lightly  treated.  I  have  learnt, 
with  much  regret,  that  the  law  of  the  last  Legislature, 
on  the  subject  of  military  duties  and  exemptions,  has 
failed  to  produce  the  satisfaction  which  was  hoped  from 
its  enactment.  While  some  of  its  provisions  have  proved 
highly  salutary,  others  are  practically  defective,  and  have 
received  various  and  opposite  constructions.  The  law  is 
thus  rendered  uncertain  and  unequal  in  its  operation,  and 
complaints  of  the  whole  system  of  organization  and  dis- 
cipline still  continue.  Mingling,  as  you  do,  with  those 
who  are  called  to  the  performance  of  this  service,  and 
some  of  you  doubtless  engaged  in  its  duties,  and  collec- 
tively here  representing  the  situation  and  sentiments 
of  the  people  of  every  part  of  tlie  Commonwealth,  I  may 
best  appeal  to  your  own  observation  for  a  knowledge  of 
the  well-founded  objections  which  exist,  and  to  your  re- 
gard for  constitutional  duty,  and  your  love  of  country,  in 
determining  the  manner  in  which  they  may  be  obviated. 
61 


466  GOVERNOR'S  MESSAGE. 

But  it  should  be  borne  in  mind,  that  no  system  of  mere 
obligations  will  ever  be  found  altogether  acceptable. 
The  demand  of  personal  service,  like  that  of  pecuniary 
taxes,  is  an  exaction  of  contributions  to  the  public  good. 
Although  it  may  very  justly  be  regarded  as  a  burden,  yet 
it  is  necessarily  made  the  price  of  civil  and  social  secu- 
Yity,  That  the  militia  system,  however,  is  unreasonably 
onerous,  cannot  be  controverted.  Some  palliatives  may 
be  afforded  by  State  Legislation.  But  the  remedy  lies 
not  here.  It  is  time  this  matter  was  better  understood. 
The  radical  defect  is  beyond  and  above  all  State  Legisla- 
tion. Effectual  relief  rests  only  with  Congress.  The 
Constitution  of  the  United  States  has  placed  there,  ex- 
pressly and  exclusively,  the  power  of  organizing,  arm- 
ing, and  disciplining  the  Militia,  and  it  is  to  this  organiza- 
tion, under  an  authority  exercised  almost  forty  years 
since,  that  we  may  refer  for  the  true  ground  of  most  of 
the  complaints  which  are  now  considerately  uttered. 
Can  it  be  thought  strange  that  a  law  of  Congress  passed 
in  1792,  when  the  population  of  the  Country  hardly  ex- 
ceeded one  third  its  present  amount,  should  be  found  in- 
applicable, through  all  the  subsequent  changes  of  circum- 
stances and  time,  to  the  condition  of  the  people,  and  yet 
it  is  by  the  unrevised  and  unmodified  provisions  of  an  act 
of  legislation  of  that  year,  that  to  this  day,  enrolments 
are  made,  and  the  militia  organized.  Let  appeals  on 
this  subject  henceforth  be  directed  to  Congress,  with  the 
earnestness  and  force  with  which,  in  overlooking  that 
only  competent  authority,  they  have  hitherto  been  ad- 
dressed to  the  State  Legislatures,  and  there  might  soon 
be  not  only  a  correction  of  existing  defects,  but  a  well 
adapted  system,  and,  with  at  least  as  much  efficiency  of 
organized   force,  a  better  satisfied  militia.     But,  while 


GOVERNOR'S  MESSAGE.  467 

the  paramount  laws  of  the  National  Government  remain 
unchanged,  little  can  be  done  by  State  Legislation  to  con- 
form the  requirements  of  service  to  public  sentiment,  and 
at  the  same  time  preserve  in  sufticient  vigor  and  capacity 
for  usefulness,  an  institution  so  important,  as,  in  the  very 
frame  of  our  republican  government,  to  be  declared  "  we« 
cessary  to  the  security  of  a  free  State.^^ 

It  becomes  my  duty  to  inform  the  Legislature  that  a 
vacancy  has  been  occasioned  in  the  Executive  Council, 
by  the  appointment  of  the  Hon.  Joseph  E.  Sprague  to 
the  office  of  Sheriff  of  the  County  of  Essex. 

I  have  thus,  gentlemen,  presented  to  your  attention 
numerous  leading  subjects  of  interest  in  the  local  con- 
cerns of  the  Commonwealth.  Li  doing  this,  I  have  en- 
deavored to  confine  myself  within  the  strictest  limits  of 
official  duty,  and  have  aimed  only  to  treat  of  matters  of 
business,  plainly,  and  with  the  explicitness  necessary  to 
be  understood  in  the  communication.  I  regret  the  great 
length  to  which  this  Address  is  extended,  but  the  impor- 
tance ol  the  subjects  will,  I  trust,  justify  the  notice  they 
have  received.  There  is  no  space  left,  without  trespass- 
ing too  far  upon  your  indulgence,  for  a  particular  refer- 
ence to  more  general  topics.  Nor  is  this  indeed  necessa- 
ry. Upon  the  momentous  questions  of  National  concern, 
which  now  agitate  the  public  mind,  the  voice  of  Massa- 
chusetts has  been  heard  in  her  recent  Elections.  The 
People,  for  themselves,  have  proclaimed  their  firm  and 
unalterable  attachment  to  the  Federal  Union,  and  their 
regard  for  the  supremacy  of  constitutional  law  over  sec- 
tional interests  and  passions.  They  have  given  their 
votes  to  the  support  of  that  system  of  policy,  which  con- 
sists in  accomplishing  measures  of  Internal  Improvement, 
protecting  and  encouraging  Domestic  Industry,  and  rest- 


468  GOVERNOR'S  MESSAGE. 

inff  the  enjoyment  and  preservation  of  free  Institutions  on 
a  developement  of  the  resources  of  the  Country,  the  dis- 
interested patriotism  of  the  People,  and  the  inviolable 
faith  of  the  Government,  the  only  basis  of  true  National 
Independence  and  Glory. 

In  the  late  astonishing  political  movements  in  other 
Countries  there  is  also  felt  a  deep  and  animating  interest. 
The  internal  commotions  of  the  Kingdoms  of  Europe  are 
the  subversion  of  the  foundations  of  Despotism.  Liberal 
principles  and  acknowledged  civil  rights  are,  every  where, 
breaking  the  shackles  of  oppression,  and  the  minds  and 
hearts  of  Freemen  will  sympathize  in  the  strugglings,  and 
respond  with  congratulations  to  the  triumphs  of  liberated 
and  disenthralled  Nations. 

It  remains  only,  that  I  renew  the  assurances  of  an  ear- 
nest desire  to  co-operate  with  you  in  any  measures,  which, 
in  the  fulfilment  of  our  respective  Official  Trusts,  under 
the  overruling  Providence  of  God,  and  with  his  invoked 
Blessing,  may  advance  the  interest  and  happiness  of  our 
immediate  Constituents,  and  be  promotive  of  the  security, 
peace,  and  prosperity  of  our  beloved  Country. 

LEVI  LINCOLN. 
Council  Chamber, 

Boston,  January  5,  1831. 


RAIL  ROAD— PRISON  DISCIPLINE.     469 

CHAP.  XXII. 

Resolve  for  purchasing  the  Engineer's  Report  of  the  Sur- 
vey of  a  Route  for  a  Rail  Road  from  Boston  to  Lake 
Ontario. 

January  14,  1831. 

Resolved,  That  the  Secretary  of  the  Commonwealth 
be  authorized  to  purchase,  for  the  use  of  the  legislature 
and  executive,  seven  hundred  and  fifty  copies  of  the 
report  of  the  Engineer  for  the  survey  of  a  route  for  a 
rail  road  from  Boston  to  Lake  Ontario. 

Provided,  the  price  thereof  shall  not  exceed  eight 
cents  each. 


CHAP.  XXIII. 

Resolve  for  purchasing  the  Report  of  the  Prison  Discipline 

Society. 

January  15,  1831. 

Resolved,  That  the  Secretary  of  the  Commonwealth  be 
authorized  to  purchase,  for  the  use  of  the  legislature  and 
executive,  six  hundred  copies  of  the  fifth  annual  report 
of  the  prison  discipline  society. 

Provided,  That  the  price  thereof  shall  not  exceed  twen- 
ty cents  per  copy. 


470    CH.  JUS.  PARKER— HENDERSON  INCHES. 


CHAP.  XXIV. 

Resolve  for  payment  to  the  Estate  of  the  late  Chief  Justice 

Parker. 

January  17,1831. 

Resolved,  That  His  Excellency  the  Governor  be,  and 
he  hereby  is  authorized  and  requested,  to  draw  his  war- 
rantontheTreasurerof this  ConirnonweaUh,in  favorof the 
legal  representatives  of  the  late  Hon.  Isaac  Parker,  chief 
justice  of  the  Supreme  Judicial  Court,  for  such  sum  of 
money  as  would  have  been  due  to  him,  had  he  contin- 
ued to  discharge  the  duties  of  his  office  from  the  time  of 
his  decease  to  the  end  of  the  quarter  during  which  he 
died,  after  deducting  such  sums  as  he  may  have  receiv- 
ed by  fees  of  court,  or  otherwise,  and  remaining  unac- 
counted for. 


CHAP.  XXV. 

Resolve  on  the  petition  of  Henderson  Inches,  of  the  City  of 
Boston,  in  the  County  of  Suffolk,  and  Commonwealth 
aforesaid,  merchant. 

January  20,  1831. 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
the  said  Henderson  Inches  be,  and  he  is  hereby  fully 
authorized  and  empowered,  for  and  in  the  names  and 
behalf  of  his  minor  children,  to  wit,  Caroline  Inches, 
Charlotte  Inches,  Martin  B.  Inches  and  Heman  B.  Inch- 
es, respectively,  to  perform  and  execute  any  and  all  acts, 
matters  and  things  whatsoever,  necessary  to  make  said 
minors  parties  to  any  deed  or  deeds  and  indenture,  sim- 
ilar and  conformable  in  all  respects  to  a  certain  other 
deed  or  deeds  and  indenture  of  three  parts,  executed  by 
and  between  the  city  of  Boston,  the   mercantile  wharf 


JOHN  JEFFRIES.  471 

corporation,  and  George  W.  Brimmer  and  others,  own- 
ing (in  common  with  said  minors)  the  T  wharf,  so  call- 
ed, in  said  city  ;  also  to  release  and  convey  to  said  city 
and  mercantile  wharf  corporation  and  each  of  them, 
their  respective  successors  and  assigns,  all  the  right,  title 
and  interest  of  said  minors  and  each  of  them,  in  and  to 
certain  lands,  flats,  rights  and  privileges,  released  or 
conveyed  to  said  city  and  mercantile  wharf  corporation, 
or  either  of  them,  in  and  by  said  indenture  and  certain 
deeds  executed  by  the  said  George  VV.  Brimmer  and 
others,  which  indenture  and  deeds  bear  date  the  thirti- 
eth day  of  December,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  thirty,  and  are  recorded  in  the 
registry  of  deeds  in  said  county  of  Suffolk.  Also,  in  the 
names  and  in  behalf  of  said  minors  respectively,  to  sign^ 
seal,  acknowledge  and  deliver  any  and  all  deed  or  deeds, 
which  the  said  Henderson  Inches  may  deem  necessary 
or  expedient,  in  any  arrangement  made,  or  to  be  made,^ 
relative  to  the  rights  and  estate  of  said  owners  of  said 
T  Wharf,  or  the  rights  of  the  proprietors  of  said  Boston 
Pier  or  Long  Wharf,  and  which  deeds  shall  also  be  exe- 
cuted by  said  other  owners  of  said  T  wharf. 


CHAP.  XXVL 

Resolve  on  the  Petition  of  John  Jeffries. 
January  21,  183L 

On  the  petition  of  John  Jeffries  of  Boston,  in  the 
County  of  Suffolk,  guardian  of  John  Joy,  minor. 

Resolved,  For  the  reasons  set  forth  in  said  petition, 
that  said  John  Jeffries,  the  petitioner,  as  guardian  of  said 
John  Joy,  a  minor,  be,  and  is  hereby  iully  authorized 
and  empowered,  in  the  name  and  on  behalf  of  said  John 
Joy,  to  sign,  seal,  acknowledge,  and  as  the  act  and  deed 
of  said  John  Joy,  to  deliver  any  deed  or  deeds  necessa- 
ry or  proper  to  grant  and  convey  unto  Samuel  Jackson, 
jr.,  of  said  Boston,  painter  and  glazier,  and  unto  Melzar 


4>n  HANNAH   JOY. 

Dunbar,  of  said  Boston,  housewright,  their  respective 
representatives  or  assigns,  the  several  lots  of  land  men- 
tioned in  said  John's  petition,  which,  under  the  agree- 
ment therein  set  forth,  ought  to  be  granted  and  convey- 
ed to  said  Jackson  and  Uunbar  respectively,  and  such 
deed  or  deeds  so  made  and  delivered  shall  eft'ectualiy, 
and  to  all  intents  and  purposes,  pass  said  minor's  right, 
title,  interest  and  estate  of,  in  and  to  said  several  lots, 
to  the  respective  grantees  named  in  said  deeds,  their 
heirs  and  assigns. 


CHAP.  xxvn. 

Resolve  on  the  petition  of  Hannah  Joy. 
January  21,   1831. 

On  the  petition  of  Hannah  Joy,  executrix  of  the  last 
will  and  testament  of  Benjamin  Joy,  late  of  the  city  of 
Boston,  in  the  county  of  Suffolk,  Esquire,  deceased, 
praying  that  she,  or  the  guardian  of  John  Joy,  a  minor 
child  of  said  Benjamin,  may  be  duly  authorized  and  em- 
powered to  make,  execute,  acknowledge  and  deliver  any 
and  all  deed  or  deeds,  for  and  in  the  name  and  behalf 
of  said  John  Joy,  necessary  or  proper  to  grant  and  con- 
vey unto  John  Templeton,  of  Boston,  aforesaid,  stone 
cutter,  James  Bird  and  Charles  H.  Pond,  housewrights, 
and  Francis  L.  Bates  and  Nathaniel  B.  Frost,  masons, 
certain  lots  or  parcels  of  land  situate  in  said  city,  and 
described  in  said  petition. 

Re  olved,  for  reasons  set  forth  in  said  petition,  that 
said  Hannah  Joy,  the  petitioner,  or  John  JelTries  of  said 
city  of  Boston,  physician,  the  guardian  of  said  John  Joy, 
either  jointly  or  severally,  be  and  they  are  hereby  fully 
authorized  and  empowered,  in  the  name  and  on  behalf  of 
said  John  Joy,  to  sign,  seal,  acknowledge,  and  as  the 
act  and  deed  of  said  John,  to  deliver  any  deed  or  deeds 
necessary  or  proper  to  grant  and  convey  unto  said 
Templeton,  Bird,  and  Pond,  and  Bates  and  Frost,  their 


MESSAGE.  473 

respective  representatives  or  assigns  the  several  lots  of 
land  mentioned  in  said  Hannah's  petition,  which,  under 
the  agreements  therein  set  forth,  and  alleged  to  have 
been  made  by  said  Benjamin,  ought  to  be  granted  and 
conveyed  to  said  Templeton,  Bird  and  Pond  and  Bates 
and  Frost  respectively,  and  such  deed  or  deeds  so  made 
and  delivered  shall  effectually,  and  to  all  intents  and  pur- 
poses, pass  said  minor's  right,  title,  interest,  and  estate 
in  and  to  said  several  lots  to  the  respective  grantees 
named  in  said  deeds,  their  heirs  and  assigns. 


CHAP.  XXVHI. 

To  the  Honorable  the  Senate, 

and  House  of  Representatives ; 

His  Excellency  the  Governor  of  Alabama  has  for- 
warded to  me  a  copy  of  certain  resolutions  adopted  by 
the  General  Assembly  of  that  State,  and  formally  and 
officially  approved  by  him  on  the  11th  of  December 
last,  which,  although  unaccompanied  by  the  usual  re- 
quest that  they  should  be  laid  before  the  legislature  of 
this  Commonwealth,  yet  could  have  been  transmitted 
for  no  other  purpose,  and  are  therefore,  from  that  cour- 
tesy which  is  due  to  the  authority  from  which  they 
emanate,  now  respectfully  submitted  to  your  considera- 
tion. 

The  purport  of  these  resolutions  is  an  extraordinary 
and  extra  legislative  nomination  of  the  President  of  the 
United  States  for  reelection,  together  with  expressions 
of  unlimited  confidence  in  his  fitness  for  that  high  office, 
and  an  unqualified  approval  "  of  the  principles  he  has  in- 
troduced into  his  administration,  the  measures  he  has 
recommended,  and  the  views  he  has  from  time  to  time 
presented  of  the  true  policy  of  the  government."  They 
also  declare  an  opinion,  that  "  the  best  interest  of  the 
Union  requires  his  reelection,  and  recommend  him  to 
the  other  States  of  the  Dnion,  for  the  office  of  Presi- 
dent after  his  present  term  shall  expire." 

An  appeal  thus  formal,  and  directly  addressed  to  the 
62 


474  MESSAGE. 

States  of  the  Union  presupposes  an  expression  by  their 
legislatures  respectively,  of  the  sentiments  entertained 
by  them,  on  the  same  subjects,  and  suggests  a  conside- 
ration of  the  propriety  of  that  action  here,  which  other- 
wise might  have  seemed  gratuitous,  and  would  be  as 
unusual,  as  it  has  hitherto  been  uncalled  for.  The  con- 
currence of  Massachusetts  in  the  resolutions  of  the  le- 
gislature of  Alabama  is  not  to  be  presumed,  but  it  may 
be  due  to  the  frankness  of  communication  with  a  sister 
State,  as  well  as  to  the  sincerity  and  support  of  our  own 
principles,  that  an  explicit  declaration  should  preclude 
the  misapprehension  of  assent  to  propositions  to  which 
their  reception,  without  some  expression  of  notice,  might 
tend.  An  interesting  and  momentous  crisis  in  the  do- 
mestic relations  of  the  States  to  each  other,  and  to  the 
general  government,  seems  to  be  fast  approaching. 
The  strength  of  the  Union  is  assailed  at  various  points, 
with  menacing  and  fearful  import  of  evil.  The  laws  of 
Congress,  by  one  legislature,  are  denounced  as  the  ex- 
ercise of  usurped  and  arbitrary  power,  and  by  tl.e  sum- 
mary proceeding  of  popular  resolves,  are  declared  un- 
constitutional and  void.  By  another  legislature,  the 
authority  of  the  highest  judicial  tribunal,  acting  within 
the  scope  of  its  accustomed  operation,  and  with  the 
sanction  of  numerous  precedents,  is  set  at  defiance,  and 
upon  sudden  occasion,  by  precipitate  decisions,  with- 
out even  argument,  or  time  given  to  deliberation,  its 
precepts  are  contemned,  and  military  force  threatened 
in  resistance  to  civil  process  in  its  ordinary  and  peace- 
ful course  of  execution.  Again,  the  faith  of  the  Nation 
is  claimed  for  the  keeping  of  the  State  Governments,  to 
be  interpreted  according  to  the  pleasure  of  each  of 
these  sovereignties,  while  the  policy  of  the  country  is 
sought  to  be  conformed  to  their  ever  varying  interests, 
or  to  the  cupidity  and  excited  passions  of  opposing  sec- 
tions, and  conflicting  parties  of  citizens.  Is  it  not  time, 
then,  in  this  peril  of  all  which  is  valuable,  that  patriotic 
friends  to  the  Union,  true  men,  who  loving,  will  go  for 
their  country,  should  rally  to  its  preservation ; — that 
they  should  look  for  security,  beyond  the  meii  and  mea- 
sures of  the  administration  to  the  constitution,  the  only 
shield  which  can  be  interposed  between  the  errors  of 
rulers,  and  the  sacred  rights  of  the  people  ; — that  with 


MESSAGE.  475 

a  faithful  allegiance  to  the  charter  of  their  indepen- 
dence, they  should  give  their  firmest  purpose,  and  most 
strenuous  efforts,  to  sustain  its  strength  against  the  as- 
saults with  which  it  may  be  menaced  ?  Much  may  yet 
be  hoped  from  respectful,  temperate,  and  persuasive  ap- 
peals to  a  spirit  of  forbearance  and  patriotism,  in  oppo- 
sition to  violent  and  sudden  counsels.  The  Union  can 
only  be  preserved  through  the  vigor  of  its  institutions, 
and  the  constitutional  independence  of  its  various  de- 
partments. The  general  government  must  be  sustained, 
if  sustained  at  all,  in  the  unimpaired  exercise  of  all  its 
legitimate  functions.  There  is  no  other  safety  to  the 
States  themselves,  than  in  the  guarantee  of  a  republican 
form  of  government  by  the  sovereignty  of  the  Nation. 
The  first  measure  of  actual  collision  will  be  the  cer- 
tain onset  to  civil  conflict,  and  with  the  destruction  of 
the  confederacy  would  terminate  the  republics,  whose 
jealousies  and  diverse  interests  could  not  endure  the 
necessary  bond  for  mutual  protection. 

To  the  counsels  of  your  discretion,  and  wisdon),  and 
patriotism,  I  commend  the  consideration  of  these  vast- 
ly interesting  subjects.  For  the  tew  suggestions  which 
I  have  offered,  I  seek  no  apology  beyond  the  occasion 
which  requires  the  transmission  of  the  accompanying 
document.  There  are  periods  when  a  silent  perform- 
ance of  an  act  of  duty  might  justly  be  deemed  an  avoid- 
ance both  of  personal  and  official  responsibility.  An 
explicit  declaration  of  opinions,  on  measures  which  di- 
rectly affect  the  vital  principles  of  the  government,  and 
in  their  consequences  may  shake  the  republic  to  its 
foundations,  is  the  first  and  highest  obligation  of  every 
citizen ;  and  least  of  all  are  they  to  be  excused  in  the 
neglect  of  this,  who,  as  representatives  of  freemen,  are 
placed  at  the  posts  of  observation,  to  watch  with  vigi- 
lance, and  in  faithfulness  to  sound  the  alarm,  on  the 
approach  of  danger.  It  is  not  to  nominations  of  candi- 
dates foi^  the  presidency,  but  to  graver  questions  of  endu- 
ring political  moment,  which  have  respect  to  the  distri- 
bution of  the  powers  of  the  government,  and  the  securi- 
ty of  their  rightful  and  free  exercise,  to  the  principles 
and  policy  which  should  direct  a  republican  administra 
tion,  rather  than  to  individuals  who  are,  or  who  may  bo 


476  MESSAGE. 

temporarily  entrusted  with   it,   that  I  would  invite  your 
attention. 

LEVI  LINCOLN. 

Council  Chamber, 
Jan.  '22,  183L 


CHAP.  XXIX. 

To  the  Honorable  Senate; 

I  respectfully  return  to  the  Senate,  where  it  originat- 
ed, a  bill,  entitled  "  an  act  to  incorporate  the  Pigeon 
Cove  Harbor  Company,"  without  my  approval.  The 
TD^ection  results  from  the  omission  to  provide  for  a  jury 
to  estimate  the  damages,  if  the  party  whose  property  is 
taken  or  prejudiced,  by  the  construction  of  the  work 
to  which  the  corporation  is  authorized,  shall  be  dissatis- 
fied with  the  report  of  the  committee.  By  a  careful  ex- 
am.ination  of  the  fourth  section,  it  will  be  apparent,  that 
the  power  of  the  Court,  to  direct  an  issue  to  the  coun- 
try, is  restricted  to  cases  in  which,  upon  a  complaint  by 
a  party  whose  lands  are  injured,  the  corporation  "  de- 
ny the  title  to  the  lands  damaged,  or  shall  claim  a  right 
to  do  the  act  complained  of  without  the  payment  of 
damages  or  for  an  agreed  composition,"  while  no  pro- 
vision is  made  for  an  assessment  of  damages  by  a  jury, 
after  those  issues  are  found  in  favor  of  the  complainant. 

Upon  recurring  to  the  statute  books,  I  find  that,  in 
1828,  a  law  incorporating  the  "  Lanes  Cove  Pier  Com- 
pany," with  similar  provisions  to  those  in  the  present 
bill,  was  enacted.  This  defect  was  not  then  perceived, 
but  the  haste  or  inadvertence,  often  the  result  of  the 
pressure  of  business,  by  which  an  act  of  legislation  may 
at  any  time  be  passed,  is  not  to  be  considered  as  a  pre- 
cedent for  error,  whenever  it  shall  be  detected. 

LEVI  LINCOLN. 

Council  Chamber,  January  24,  183L 

[The  foregoing  Message,  having  been  read  and  con- 


MARTIN  WHEELOCK.  477 

sidered  by  the  Senate,  the  question  was  taken,  by  yeas 
and  nays — shall  this  bill  pass,  notwithstanding  the  objec- 
tions of  the  Governor  ?  and  the  vote  was  declared  to 
be,  tjeas,  none  ;  nays,  thirty  ;  and  so  the  bill  was  re- 
jected.] 


CHAP.  XXX. 


Resolve  on  the  petition  of  Martin  Wheelock,  granting  a 
renewal  and  continuance  of  his  pension. 

January  26,  1831. 

On  the  petition  of  Martin  Wheelock,  of  Conway,  in 
the  county  of  Franklin,  praying  for  a  renewal  and  con- 
tinuance of  his  pension,  on  account  of  a  wound  he  re- 
ceived while  performing  militia  duty  in  the  year  1818; 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  the  said  Martin 
Wheelock,  the  sum  of  thirty  dollars  a  year,  for  the  term 
of  three  years  from  the  12th  day  of  June,  A.  D.  1830, 
should  he  live  so  long,  and  His  Excellency  the  Govern- 
or, with  the  advice  of  Council,  is  hereby  authorized  and 
requested  to  draw  his  warrant  accordingly. 


478        MONEY.— EDWARD  W.  BAXTER. 

CHAP.  XXXI. 

Resolve  authorizing  the  Treasurer  to  borroiv  money. 
January  26,  1831. 

Resolved^  That  the  Treasurer  of  this  Commonwealth 
be,  and  he  is  hereby  authorized  and  directed  to  borrow, 
of  any  of  the  banks  of  this  Commonwealth,  or  any  cor- 
poration therein,  or  of  any  individual  or  individuals,  such 
sum  or  sums  of  money  as  may  from  time  to  time  be  ne- 
cessary for  the  payment  of  the  ordinary  demands  on  the 
Treasury,  at  any  time  before  the  meeting  of  the  next 
General  Court,  and  that  he  pay  any  sum  he  may  borrow, 
as  soon  as  money  sufficient  for  the  purpose  and  not  oth- 
erwise appropriated  shall  be  received  in  the  Treasury. 

Provided  however,  That  the  whole  amount  borrowed 
by  authority  hereof,  and  remaining  unpaid,  shall  not  at 
any  time  exceed  the  sum  of  one  hundred  and  forty 
thousand  dollars. 


CHAP.  XXXII. 

Resolve  in  favor  of  Edward  W.  Baxter. 

January  28,  1831. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  Edward  W.  Baxter, 
of  the  city  of  Boston,  the  sum  of  ninety  dollars,  in  full 
compensation  for  injuries  received  on  the  6th  day  of 
October,  A.  D.  1830,  while  in  the  discharge  of  militia 
duty :  and  His  Excellency  the  Governor,  with  the  ad- 
vice of  Council,  is  hereby  authorized  and  requested  to 
draw  his  warrant  accordingly. 


GEOL.  SURV.  OF  COMMONWEALTH.    479 


CHAP,  xxxni. 

Resolve  on  the  Petition  of  Noah  Clark,  Jr.,  and  War- 
ham  Pease. 

January  31,   1831. 

On  the  petition  of  Noah  Clark,  Jr.,  and  Warham 
Pease  for  a  reward  for  pursuing,  arresting  and  prosecut- 
ing one  Henry  Barton,  who  was  charged  with  passing  a 
counterfeit  bill,  purporting  to  have  been  issued  by  the 
Boston  Bank,  and  who,  after  his  arrest,  entered  into  a 
recosnizance  with  sufficient  sureties  which  was  after- 
wards  forfeited  to  the  Commonwealth ; 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth  to  Noah  Clark,  Jr.,  and 
Warham  Pease,  jointly,  the  sum  of  forty  dollars,  for 
the  reasons  above  stated  :  and  His  Excellency  the  Go- 
vernor, with  the  advice  of  the  Council,  is  hereby  autho- 
rized and  requested  to  draw  his  warrant  accordingly.. 


CHAP.  XXXIV. 

Resolve  in  relation  to  the  Geological  Survey  of  the  Com- 

momvealth. 

February  2,  1831. 

Resolved,  That  His  Excellency  the  Governor,  by  and 
with  the  advice  and  consent  of  Council,  be,  and  he  is 
hereby  authorized  to  direct  the  person  who  is  appointed 
to  make  a  geological  survey  of  the  Commonwealth,  to 
cause  to  be  annexed  to  his  report  on  that  subject,  a  list 
of  the  native  mineralogical,  botanical,  and  zoological 
productions  of  the  Commonwealth,  so  far  as  it  may  be 
practicable  to  ascertain  the  same,  within  the  limits  of 
the  appropriation  already  made  for  this  survey. 

Resolved,  That  His  Excellency  the  Governor,  by  and 


480  PET.  OF  DERASTUS  CLAPP. 

with  the  advice  and  consent  of  Council,  be,  and  he 
is  hereby  authorized  to  cause  the  said  geological  re- 
port, provided  the  same  should  be  made  before  the  ge- 
neral survey  of  the  Commonwealth  shall  be  completed, 
to  be  published  in  such  way  and  manner  as  he  with  the 
advice  of  Council  may  deem  proper  and  expedient ;  and 
he  is  authorized  to  draw  his  warrant  upon  the  treasurer 
of  the  Commonwealth,  for  such  sum  or  sums,  not  ex- 
ceeding one  hundred  dollars,  as  may  be  necessary  to 
carry  this  resolve  into  full  effect. 


CHAP.  XXXV. 

Resolve  on  the  Petition  of  Derastus  Clapp  and  others. 
February  4,  1831. 

On  the  Petition  of  Derastus  Clapp,  Daniel  Merrill, 
Horatio  G.  Snow  and  George  Everett,  praying  for  com- 
pensation for  detecting  and  prosecuting  one  Fales  N. 
Chidsey,  a  passer  of  counterfeit  money,  who  forfeited 
his  recognizance,  which  was  afterwards  paid  to  the  trea- 
surer of  the  county  of  Suffolk,  and  passed  to  the  credit 
of  the  Commonwealth  ; 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
treasury  of  this  Commonwealth,  to  Derastus  Clapp,  Da- 
niel Merrill,  Horatio  G.  Snow,  and  George  Everett, 
jointly,  the  sum  of  forty  dollars,  for  the  reasons  above 
set  forth ;  and  His  Excellency  the  Governor,  with  the 
advice  of  Council,  is  hereby  authorized  and  requested 
to  draw  his  warrant  accordingly. 


BATES'  PKTITION.  481 


CHAP.  XXXVI. 

Resolve  on  the  Petition  of  Robert  Bates,   Oliver  Bates 
and  Betsey  Bates. 

February  11,   1831. 

Resolved,  for  the  reasons  set  forth  in  said  petition, 
that  said  Ohver  Bates,  as  administrator  of  the  estate  of 
Josiah  Bates  Uite  of  Weymouth,  in  the  county  of  Nor- 
folk, housewright,  deceased,  be,  and  he  hereby  is  au- 
thorized and  empowered  to  sell  at  pubhc  sale,  and 
pass  deeds  to  convey,  the  following  described  parcel  of 
land,  of  which  certain  minor  children  and  heirs  of  said 
Josiah  Bates  deceased  are  legally  seized,  being  about 
thirty  acres  of  pasture  and  woodland  situate  in  Hing- 
ham  in  the  county  of  Plymouth,  and  bounding  norther- 
ly on  other  land  of  said  heirs,  easterly  by  land  of  the 
heirs  of  Benjamin  Dyer  deceased,  Josiah  Lane,  and 
Abner  Pratt,  southerly  by  land  of  James  Humphrey,  and 
westerly  partly  by  land  ofThaddeus  Bates,  and  partly 
by  the  line  dividing  the  said  towns  of  Hingham  and 
Weymouth,  with  all  the  rights  and  privileges  thereto 
belonginsf.  Provided  however,  that  the  said  Oliver 
Bates  first  give  bond  to  the  Judge  of  Probate,  for  the 
county  of  Norfolk,  with  sufficient  sureties,  conditioned 
to  pay  over  to  said  Betsey  Bates,  as  the  guardian  of  said 
minors,  from  the  proceeds  of  said  sale,  the  sum  of  three 
hundred  and  tvventy  seven  dollars,  and  the  interest  there- 
on due,  from  March  the  nineteenth  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  twenty  seven, 
for  the  use  of  said  miiiors,  and  the  balance  thereof,  if 
any,  to  said  Robert  Bates,  and  comply  with  all  the  oth- 
er conditions  now  required  by  law  in  the  sale  of  real 
estate  by  executors  and  administrators. 
63 


482      Z.  HUNT,  O.  BATES  &  B.  BATES. 

CHAP.  XXXVH. 

Resolve    cm    the    Petition    of  Zechariah    Hunt,    Olivet 
Bates  and  Betsey  Bates. 

February   11,    1831. 

Resolved,  That,  for  the  reasons  set  forth  in  said  peti- 
tion, the  said  OUver  Bates,  as  administrator  of  the  es- 
tate of  Josiah  Bates,  late  of  Weymouth,  in  the  county 
of  Norfolk,  housevvright,  deceased,  be,  and  he  is  here- 
by authorized  and  empowered,  to  sell  at  public  sale, 
and  pass  deeds  to  convey  the  following  described  lot  of 
land,  together  with  the  buildings  thereon,  of  which  cer- 
tain minor  children,  and  heirs  of  said  Josiah  Bates  de- 
ceased, are  legally  seized,  being  about  two  acres  and 
ninety-four  rods,  situate  in  said  Weymouth,  and  bound- 
ing northwesterly  by  a  road  ;  northeasterly  by  land  now 
belonging  to  said  heirs  ;  southeasterly  by  land  of  Eben- 
ezer  Humphrey;  and  southwesterly  by  Plymouth  road, 
so  called,  with  all  the  rights  and  privileges  thereto  be- 
longing. 

Provided,  however,  That  the  said  Oliver  Bates  first 
give  bond  to  the  Judge  of  Probate  for  the  county  of 
Norfolk,  with  sufficient  sureties,  conditioned  to  pay  over 
to  said  Betsey  Bates,  as  the  guardian  of  said  minors, 
from  the  proceeds  of  said  sale,  the  sum  of  three  hun- 
dred and  fifty  dollars  for  the  use  of  said  minors,  and  the 
balance  thereof,  if  any,  to  said  Zechariah  Hunt,  and 
comply  with  all  the  other  conditions  now  required  by 
law  in  the  sale  of  real  estate  by  executors  and  adminis- 
trators. 

Resolved,  That  for  the  reasons  set  forth  in  the  peti- 
tion aforesaid,  the  said  Oliver  Bates,  as  the  administra- 
tor aforesaid,  be,  and  he  is  hereby  authorized  and  em- 
powered, to  sell  at  public  sale,  and  pass  deeds  to  con- 
vey the  following  described  lot  of  land,  of  which  the  said 
minor  children  are  legally  seized,  being  about  two  acres 
and  ninety-four  rods,  situate  in  said  Weymouth,  and 
bounding  northwesterly  by  a  road  ;  northeasterly  by  land 
of  the  heirs  of  Joshua  Pratt,  deceased;  southeasterly 
by   land  of  Ebenezer  Humphrey  ;  and  southwesterly  by 


JONAS  MUNROE.  483 

the  land  hereinabove  described  ;  with  all  the  rights  and 
privileges  thereto  belonging. 

Provided,  however,  That  said  Oliver  Bates  first  give 
bond  as  aforesaid,  conditioned  to  pay  over  to  Betsey 
Bates,  as  guardian  aforesaid,  tlie  whole  proceeds  of  said 
sale,  for  the  use  of  said  minors,  and  comply  with  all  the 
other  conditions  now  required  by  law  in  the  sale  of  real 
estate  by  executors  and  administrators. 


CHAP.   XXXVIII. 

Resolve  on  the  Petition  of  Jonas  Munroe. 
February   11,    1831. 

On  the  petition  of  Jonas  Munroe,  of  Lexington,  in  the 
county  of  Middlesex,  yeoman,  adojinistrator  with  the 
will  annexed,  on  the  estate  of  Amos  Smith,  late  of  Rox- 
bury,  in  the  county  of  Norfolk,  deceased — praying  for 
power  and  authority  to  fulfil  and  perfect  his  contract  of 
sale,  with  Aaron  Child,  jr.  and  John  Lemist  of  said  Rox- 
bury,  named  in  said  petition,  of  all  the  right,  title  and 
interest  of  which  said  Amos  Smith,  at  the  time  of  his 
decease,  had  in  and  to  the  real  estate  described  in  said 
petition,  and  hereinafter  set  forth,  and  to  convey  the 
same  accordijigly — it  appearing  that  the  said  Jonas 
Munroe,  as  such  administrator,  has  complied  with  the 
proviso  contained  in  the  resolve  of  this  Legislature  re- 
ferred to  in  said  petition  and  passed  March  9lh,  A.  D. 
1830;  by  making  oath  before  the  Judge  of  Probate  in 
and  for  the  county  of  Norfolk,  to  act  faithfully  and  im- 
partially according  to  his  best  skill  and  judgment  in 
making  said  sale,  and  giving  bond  with  sufticient  surety 
to  said  Judge  to  act  as  aforesaid  in  making  said  sale, 
and  to  account  for  and  make  payment  of  the  proceeds 
of  said  sale  to  the  persons  entided  thereto  agreeably  to 
the  rules  of  law. — Therefore 

Resolved,  for  the  reasons  set  forth  in  said  petition, 
That  the  said  Jonas  Munroe  as  such  administrator,  with 


484  JONAS  MUNROE.— AUCTION  DUTIES. 

the  will  annexed  of  said  Amos  Smith,  he,  and  he  hereby 
is  iully  authorized  and  empowered  to  fulfil  and  perfect 
his  said  contract  of  sale,  with  the  said  Aaron  Child,  Jr. 
of  all  the  right,  title  and  interest,  of  which  said  Amos 
Smith  died  seized  and  possessed  in  and  unto  the  parcel 
of  land  and  real  estate  situate  in  said  Hoxbury,  and 
bounded  northwesterly  on  Washington  street,  so  called, 
northeasterly  on  land  of  Charles  Davis,  southeasterly 
on  the  road  leading  to  Dorchester,  and  southwesterly 
on  land  of  Charles  Bradbury,  with  the  buildings  thereon 
and  the  privileges  and  appurtenances  to  the  same  be- 
longing— and  also  his  contract  of  sale  with  John  Lem- 
ist  aforesaid,  of  all  the  right,  title  and  interest  of  which 
said  Smith  died  seized  and  possessed  in  and  unto  an- 
other lot  of  land  and  real  estate  situate  in  said  Rox- 
bury,  and  bounded  southeasterly  on  said  Washington 
street,  southwesterly  on  land  of  Kendall  Brooks,  north- 
westerly on  land  of  Charles  Davis,  and  northeasterly 
on  land  of  said  Lemist  with  the  buildings  thereon  and 
privileges  and  appurtenances  to  the  same  belonging; 
and  to  convey  by  deeds  duly  executed,  acknowledged 
and  recorded,  to  the  said  Aaron  Child,  jr.  and  John 
Lemist,  respectively,  the  parcels  of  land  above  describ- 
ed and  sold  to  them  by  said  Munroe  as  set  forth  in  said 
petition,  together  with  all  the  privileges  and  appurten- 
ances to  the  same  belonging,  for  the  sums  by  them  re- 
spectively bid  for  the  same. 


CHAP.  XXXIX. 

Resolve    authorizing   the   repayment   of  certain  Auction 

Duties. 

February  14,   1831. 

Resolved,  That  any  auctioneer  who  has  paid  into 
the  Treasury  of  the  Commonwealth  any  duties  on  sales 
of  leases  or  contracts  for  leases,  which  have  been  judi- 
cially determined  not  to  be  within  the  scope  of  the  acts 


AUCTION  DUTIES— GRANTEES  OF  LAND.    485 

imposing  duties  on  sales  at  auction,  may  present  to  the 
treasurer  an  account  of  the  amount  of  the  duties  so  paid 
by  him  ;  and  the  treasurer  is  authorized  and  directed  to 
examine  said  account,  and,  if  he  be  satisfied  that  it  is 
correct,  to  certify  it,  and  lay  it  before  the  governor  .  and 
the  governor,  with  the  advice  of  council,  is  authorized 
to  draw  his  warrant  on  the  treasurer  in  tavor  of  said 
auctioneer,  for  the  amount  of  the  account  thus  examin- 
ed and  certified. 

Provided,  however,  That  any  money  refunded  to  any 
auctioneer,  by  virtue  of  this  resolve,  on  account  of  cer- 
tain sales  at  auction,  shall  be  for  the  benefit  of  those  per- 
sons who  employed  the  auctioneer  to  make  such  sales, 
and  from  whom  he  received  such  money. 


CHAP.  XL. 

Resolve  allowing  Jurther  time  for  Grantees  and  Purchasers 
of  Lands  of  this  Commonwealth  to  comply  ivith  the  con- 
ditions of  their  purchase. 

February  14,  183L 

Resolved,  That  the  further  time  of  six  years,  from  the 
first  day  of  June  last,  be  allowed  to  all  grantees  and  pur- 
chasers of  lands  of  this  Commonwealth,  in  the  State  of 
Maine,  to  enable  them  to  fulfil  the  condition  of  said 
grants,  by  placing  on  the  lands  the  stipulated  number  of 
settlers. 


486     ELIZA  JENNINGS— JOSHUA  WING,  &c. 

CHAP.  XLL 

Resolve  on  the  Petition  of  Eliza  Jennings. 
February  14,  1831. 

On  the  petition  of  Eliza  Jennings,  praying  that  the 
balance  of  pension  due  her  late  husband,  William  Jen- 
nin^^s,  at  the  time  of  his  decease,  may  be  paid  to  her, 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
treasury  of  this  Commonwealth,  to  Eliza  Jennings,  the 
sum  of  sixteen  dollars  and  three  cents,  for  the  reasons 
above  stated :  and  His  Excellency  the  Governor,  with  the 
advice  of  the  Council,  is  hereby  authorized  and  request- 
ed to  draw  his  warrant  accordingly. 


CHAP.  XLII. 

Resolve  on  the  Petition  of  Joshua  Wing,  Seth  JCilley,  Moses 
Swift,  Seth  Swijt,  Stephen  Holway,  Hezekiah  Hoxie  and 
Samuel  Wing,  Overseers  of  the  Sandwich  Monthly  Meet- 
ing of  the  Denomination  of  People  called  Quakers,  pray- 
ing that  they  and  their  successors  in  office  may  be  author- 
ized and  empowered  to  sell  certain  Real  Estate  therein 
described. 

February  16,  1831. 

Resolved,  That  for  the  reasons  set  forth  in  said  petition, 
the  said  overseers  and  their  successors  in  office,  be,  and 
they  are  hereby  authorized  and  empowered  to  sell  at  pub- 
lic auction,  or  otherwise,  at  any  time  within  one  year  from 
the  passing  of  this  resolve  (they  giving  due  notice  thereof 
in  some  newspaper  printed  in  the  county  of  Barnstable, 
ten  days  at  least  before  said  sale)  all  that  real  estate  de- 
vised by  Joseph  Wing,  late  of  said  Sandwich,  deceased, 
by  his  last  will,  to  the  overseers  above  named,  in  trust 


JOSHUA  WING,  &c.— BOUNTY  LANDS.   487 

for  the  purposes  set  forth  in  said  will,  and  to  make  and  ex- 
ecute valid  and  proper  deeds  for  the  same. 

Provided,  however,  That  the  money  arising  from  said 
sale  shall  be  put  at  interest  by  said  overseers,  on  mort- 
gages of  real  estate  of  double  the  value  of  the  money 
lent  in  each  case,  and  the  income  thereof  appropriated 
to  the  purposes  designated  by  said  will. 


CHAP.  XLHL 

Resolve  relating  to  Bounty  Lands, 

February  18,  1831. 

The  joint  committee  on  public  lands,  to  whom  was  re- 
ferred so  much  of  the  message  of  His  Excellency  the 
Governor  as  relates  to  public  lands,  having  had  under 
consideration  the  subject  relating  to  bounty  lands  for  the 
soldiers  of  the  revolutionary  war,  ask  leave  to  report  the 
following  resolve. 

JAMES  FOWLER,   Chairman. 

Resolved,  That  the  land  agent  be,  and  he  is  hereby 
authorized  to  convey,  by  good  and  suflicient  deeds,  to 
the  soldiers  of  the  revolutionary  war,  of  the  class  named 
in  the  resolve  passed  18th  February,  1829,  200  acres  of 
land  to  each  soldier,  his  heirs  or  assigns,  from  any  of  the 
lots  not  yet  taken  up  in  the  township  called  Marshill,  in 
township  No.  4,  2d  range  in  the  county  of  Somerset 
north  of  Bingham's  Kennebec  purchase,  or  in  township 
No.  2,  7th  range  in  the  county  of  Penobscot  west  of  the 
monument,  without  reserving  intermediate  lots,  or  bein^ 
confined  in  the  number  of  lots  to  be  taken,  any  thing  con- 
tained in  the  proviso  of  said  resolve  of  the  18th  Februa- 
ry, in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  twenty  nine,  to  the  contrary  notwithstanding. 


488  RECORDS— DEAF  AND  DUMB  CHILD. 

CHAP.  XLIV. 

Resolve  to  confirm  the  Records  of  the  Town  of  Springfield. 
February  18,   1831. 

On  the  petition  of  the  selectmen  of  the  town  of  Spring- 
field, representing  that  the  records  of  said  town,  in  the 
year  one  thousand  eight  hundred  and  twenty  nine,  were 
not  perfected,  by  reason  of  the  sickness  and  death  of 
Edward  Pynchon,  clerk  of  said  town,  in  that  year, 

Resolved,  That  the  doings  of  said  inhabitants,  in  town 
meeting,  during  the  year  aforesaid,  are  hereby  confirm- 
ed, and  made  valid,  to  the  same  effect  as  though  the  said 
Edward  Pynchon,  in  his  capacity  of  town  clerk,  had 
fully  recorded  and  completed  the  same. 


CHAP.  XLV. 

Resolve  for  the  support  of  a  Deaf  and  Dumb  Child  at  the 
Asylum  at  Hartford. 

February  21,  1831. 

Resolved,  That  Nathan  P.  Morse,  jr.,  of  Gloucester, 
be  placed  upon  the  list  of  persons  supported  by  this 
Commonwealth,  at  the  Deaf  and  Dumb  Asylum  at  Hart- 
ford, agreeably  to  the  provisions  of  the  resolves  provid- 
ing for  the  support  of  a  certain  number  of  deaf  and  dumb 
persons  at  the  expense  of  the  Commonwealth. 


TRUST.  OF  SCHOOL  FUND— ISAAC  HOBBS.  489 


CHAP.  XLVI. 

Resolve  on  the  Petition  of  the  Trustees  of  the  School  Fund 
in  the  Town  of  Hopkinton. 

February  21,  1831. 

Resolved,  That  for  the  reasons  set  forth  in  the  petition 
of  the  Trustees  of  the  Sciiool  Fund  in  the  town  of  Hop- 
kinton, in  the  county  of  Middlesex,  said  board  of  Trus- 
tees, as  agents  of  said  town,  be,  and  they  hereby  are  au- 
thorized and  empowered  to  sell  and  convey,  in  fee  sim- 
ple, one  -acre  and  twenty  rods  of  the  eastern  part  of  the 
training  field  in  said  town,  vvhich  now  lies  useless,  and  to 
apply  the  proceeds  of  such  sale  to  the  use  of  schools  in 
said  town  of  Hopkinton  : 

Provided,  That  said  board  shall  in  all  respects,  in  the 
sale  of  said  land,  in  the  investment  of  the  proceeds,  and 
in  the  appropriation  of  the  income,  comply  with  the  re- 
quisitions contained  in  the  third  section  of  an  act  passed 
on  the  seventeenth  day  of  June,  1820,  entitled  "  An  Act 
to  authorize  the  sale  of  School  Lands  in  the  Town  of 
Hopkinton." 


CHAP.  XLVII. 

Resolve  on  Petition  of  Isaac  Hobbs. 

February  21,  1831. 

Resolved,  That  the  land  agent  be,  and  he  hereby  is 
authorized  to  convey,  by  a  good  and  sufficient  deed,  to 
Isaac  Hobbs,  his  heirs  and  assigns,  two  hundred  acres 
of  land,  on  or  near  the  military  road  in  the  State  of 
Maine,  either  in  township  No.  2  of  the  3d  range,  or  in 
letter  A  of  the  2d  range,  to  be  surveyed  under  the  di- 
rection of  said  agent,  in  such  manner  as  will  be  least  in- 

64 


490   D.  FELLOWS,  jr.— TOWN  OF  CHILMARK. 

jurious  to  the  adjoining  land  and  be  most  for  the  interest 
of  said  Hobbs. 


CHAP.  XLVIIL 

Resolve  on  the  Petition  of  Daniel  Felloivs^jr, 
February  21,  183L 

On  the  petition  of  Daniel  Fellows,  jr.,  guardian,  Peter 
Beliar  and  Abraham  Brown,  overseers  of  the  Chappe- 
quidic  Indians,  praying  that  provision  be  made  by  the 
Commonwealth  for  the  support  of  one  Polly  Madison, 
an  Indian  of  said  Chappequidic  tribe  ; 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth  to  Daniel  Fellows,  jr., 
the  sum  of  two  dollars  per  week  for  support  of  the  above 
named  Polly  for  the  term  of  one  year,  should  she  live  so 
long,  said  year  to  commence  on  the  fifteenth  day  of  Oc- 
tober, 1830:  and  His  Excellency  the  Governor,  with  the 
advice  of  the  Council,  is  hereby  authorized  and  request- 
ed to  draw  his  warrant  accordingly. 


CHAP.  XLIX. 

A  Resolve  in  relation  to  a  Survey  of  the  Town  of  Chil- 
\  mark. 

February  22,  1831. 

Resolved,  That  the  surveyor  appointed  by  the  gover- 
nor, under  a  "  resolve  authorizing  the  governor,  by  and 
with  the  advice  of  the  council,  to  appoint  a  surveyor  to 
make  a  general  survey  of  the  Commonwealth,"  passed 
March  3,  A.  D.  1830,  is  authorized  and  directed  to 
make,  or  cause  to  be  made,  such  a  survey  of  certain 


MESSAGE.  491 

islands  within  the  town  of  Chihnark,  called  the  Elizabeth 
Islands  and  Nomans  Land,  and  such  a  return  of  said 
survey  as  towns  are  required  to  make,  by  a  resolve  pass- 
ed March  1,  A.  D.  1830,  "requiring  towns  to  make  sur- 
veys of  their  territory  and  return  a  plan  of  the  same  into 
the  secretary's  office" :  and  that  the  said  town  of  Chil- 
mark  be  relieved  from  the  obligation  imposed  upon  it, 
to  survey  said  islands  by  the  last  named  resolve. 


CHAP.  L. 

To  the  Honorable  Senate^  mid 

House  of  Representatives. 

In  compliance  with  a  request  officially  communicated 
to  me  by  His  Excellency  the  Governor  of  Maine,  pursu- 
ant to  a  resolve  of  the  legislature  of  the  State,  I  here- 
with transmit  a  copy  of  an  act,  which  proposes  a  modi- 
fication of  the  terms  and  conditions  of  the  "  Act  of  Sep- 
aration," so  far  as  to  permit  an  exercise  of  legislation 
by  that  government  over  the  subject  of  ministerial  and 
school  lands  within  its  territorial  jurisdiction,  and  grant- 
ed or  reserved  to  those  purposes  before  the  separation  ; 
and  I  respectfully  recommend  your  favorable  considera- 
tion of  the  request,  that  this  Commonwealth  would  ac- 
cede to  the  modification,  with  the  restrictions  and  upon 
the  conditions  expressed  in  the  act  of  the  legislature  of 
Maine. 

LEVI  LINCOLN. 

Council  Chamber,  February  25,  1831. 


492     S.  F.  ARNOLD— THEODORE  STONE. 

CHAP.  LI. 

Resolve  on  the  Petition  of  Samuel  F.  Arnold. 
February  25,  183L 

On  the  petition  of  Samuel  F.  Arnold,  praying  that  ho 
may  be  reimbursed  for  expenses  incurred  by  the  loss  of 
his  left  hand,  while  in  the  discharge  of  militia  duty  under 
the  command  of  captain  Joel  Fay,  on  the  thirtieth  day 
of  September  last,  in  the  town  of  Sutton  ;  and  that  a 
pension  be  granted  for  his  relief  hereafter ; 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth  to  Samuel  F.  Arnold, 
the  sum  of  one  hundred  dollars  for  the  reason  above  set 
forth,  and  the  further  sum  of  fifty  dollars  annually,  for  the 
term  of  three  years  from  the  passage  of  this  resolve, 
should  he  live  so  long,  and  His  Excellency  the  Governor, 
with  the  advice  of  the  Council,  is  hereby  authorized 
and  requested  to  draw  his  warrant  accordingly. 


CHAP.  LH. 

Resolve  on  Petition  of  Theodore  Stone. 
February  26,  183L 

On  the  Petition  of  Theodore  Stone  of  Douglas,  in  the 
county  of  Worcester,  mason,  in  his  capacity  of  guar- 
dian  of  Mary  Ann  Taft  and  Olive  Taft,  minors  under 
the  age  of  twenty  one  years,  children  of  Noah  Taft,  late 
of  said  Douglas,  deceased,  and  with  others,  heirs  at  law 
of  Joseph  Taft,  late  of  Uxbridge,  in  said  county,  de- 
ceased ; 

Resolved,  for  reasons  in  said  petition  set  forth,  that 
the  said  Theodore  Stone  as  guardian  as  aforesaid,  be, 
and  he  hereby  is  authorized  and  empowered  to  make, 
flign,  seal  and  deliver,  and  duly  acknowledge  deeds  of 


RELIEF  WITHINGTON.  493 

release  and  quit  claim  to  the  })rcmises  in  said  petition 
described,  (being  certain  tracts  of  land  situated  in  said 
Uxbiidge,  formerly  in  possession  of  John  Capron)  to 
Josiah  Ciiapin  of  Providence,  in  the  county  of  Provi- 
dence, and  state  of  Rhode  Island  and  Providence  Plan- 
tations, merchant. 

Provided  always,  that  before  the  said  Theodore  Stone, 
as  such  guardian,  shall  execute  deeds  pursuant  to  the 
authority  hereby  given,  he  shall  make  and  execute,  in 
due  form  of  law,  a  bond  with  sufficient  surety  or  sure- 
ties (to  the  acceptance  of  the  Judge  of  Probate  of  the 
county  of  Worcester)  to  the  said  Judge,  in  such  penalty 
as  the  Judge  may  require,  with  condition  that  the  said 
guardian  shall  well  and  truly  account  for  such  sums  as 
he  may  receive  as  the  consideration  for  the  relinquish- 
ment of  said  minors  right,  title,  and  interest  in  and  to 
the  premises  afore  described,  and  which  condition  shall 
be  in  the  like  form  which  is  required  by  law,  and  to  the 
same  effect  as  when  guardians  are  empowered  by  the 
Supreme  Judicial  Court  to  make  sale  of  the  real  estate 
of  minors. 


CHAP.  LIII. 

Resolve  on  the  Petition  of  Relief  Withington,  praying  au- 
thority to  sell  Real   Estate  of  minor  children  oj  ichom 


she  is  guardian. 


March  1,  1831. 


Resolved,  for  the  reasons  set  forth  in  said  petition, 
that  Relief  VVithington  of  Dorchester  in  the  county  of 
Norfolk,  guardian  of  Elizabeth  VVithington,  Noah  With- 
ington,  John  Withington  and  Hannah  VVithington,  mi- 
nor children  and  part  of  the  heirs  of  Noah  VVithington 
late  of  said  Dorchester,  husbandman,  deceascrl,  be  and 
she  is  hereby  authorized  and  empowered  to  sell  at  pub- 
lic sale,  and  pass  deeds  to  convey,  all  the  right,  title 
aud  estate  of  said  minor  children,  in  and  to  so  much  ol 


494  SURVEYS  OF  TOWNS. 

the  land  whereof  the  said  Noah  Withington  died  seized 
and  possessed,  as  will  produce  the  sum  of  five  hundred 
and  ninety  dollars  for  the  payment  of  the  just  dehts 
which  the  said  deceased  owed  at  the  time  of  his  death, 
and  incidental  charges  ;  Provided,  however,  That  the 
said  Relief  first  give  bonds  to  the  Judge  of  Probate  for 
said  county  of  Norfolk,  take  the  oath,  and  comply 
with  all  the  other  requisitions  now  by  law  required  in 
the  sale  of  real  estate  by  executors  and  administra- 
tors. 


CHAP.  LIV. 

Resolve  to  extend  the  peiHod  in  which  Towns  are  required 
to  make  and  return  the  surveys  of  their  respective  terri- 
tories into  the  Secretary'' s  Office. 

March  I,   183!. 

Resolved,  That  the  period  fixed  by  resolves,  passed 
on  the  first  day  of  March  last,  for  the  city  of  Boston, 
and  the  several  towns  and  districts  within  this  Com- 
monwealth, to  lodge  in  the  secretary's  office  the  plans 
therein  provided  for,  be  extended  to  the  first  day  of  No- 
vember next  ensuing. 

And  be  it  further  Resolved,  That  in  lieu  of  the  penal- 
ty provided  by  said  resolves  for  a  neglect  to  lodge  said 
plans  in  the  secretary's  office  within  the  period  therein 
provided,  the  inhabitants  of  the  city  of  Boston,  or  any 
of  the  towns  or  districts  aforesaid,  which  shall  neglect 
to  take  and  lodge  in  the  secretary's  office  the  plans  re- 
quired as  aforesaid,  on  or  before  the  said  first  day  of 
November  next,  shall  forfeit  and  pay  to  the  use  of  the 
Commonwealth  the  sum  of  one  hundred  and  fifty  dol- 
lars, which  sum  shall  be  added  to  such  delinquent  town 
or  district's  proportion  of  the  State  tax,  which- may  be 
granted  next  after  the  first  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-two. 


SURVEY  OF  LAND.  495 


CHAP.  LV. 


To  the  Honorable  Senate^  and 

House  of  Representatives. 

I  lay  before  you  a  communication  from  tlie  Executive 
of  Ohio,  covering  a  resolution  of  the  General  Assembly 
of  that  State,  declaring,  '•  that  it  is  premature  and  in- 
expedient to  express  any  opinion,  whether  the  appropri- 
ation of  money  by  the  general  government  in  aid  of  the 
colonization  society,  be,  or  be  not  constitutional,"  ac- 
companied with  a  request,  that  this  expression  of  opin- 
ion may  be  submitted  to  the  notice  of  the  Legislatures 
of  the  respective  States.  These  proceedings  appear  to 
have  been  induced  by  a  report  and  resolutions  original- 
ly adopted  by  the  Legislature  of  Georgia,  the  subject  of 
which  has  heretofore  been  repeatedly  presented  to  the 
consideration  of  the  government  of  this  Common- 
wealth, in  communications  from  several  of  the  States. 

LEVI  LLNCOLN. 
Council  Chamber,  March  3,  183L 


CHAP.  LVL 

Resolve  providing  for  the  Survey  of  Unincorporated  Grants 
of  Land  within  this  Commonivealth. 

March  3,  183L 

Resolved,  That  the  surveyor  appointed  by  the  gov- 
ernor and  council,  under  the  resolves  of  March  3d,  1830, 
to  make  a  general  survey  of  this  Commonwealth,  be, 
and  he  is  hereby  authorized  and  directed,  to  make  or 
cause  to  be  made  such  an  examination  and  survey  cf 
any  or  all  of  the  several  unincorporated  grants  and  tracts 
of  land,  and  Indian  reservations  within  this  Common- 
wealth, as  may  be  necessary  in  order  to  make  a  com- 
plete and  perfect  map  of  the  Commonwealth. 


496  TOWNS— INDICES. 

CHAP  LVII. 

Resolve  in  favor  of  the  Town  of  Petersham. 

March  5,  1831. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  treasury,  to  the  town  of  Petersham,  the  sum  of 
ten  dollars  and  eighty  cents,  being  the  amount  due  to 
said  town  for  the  support  of  State  paupers,  to  the  28th 
of  February  1830,  and  His  Excellency  the  Governor 
is  hereby  authorized  to  draw  his  warrant  accordingly. 


CHAP.  LVIII. 

Resolve  in  favor  of  the  Town  of  Winchendon. 

March  5,  1831. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  treasury,  to  the  town  of  Winchendon,  the  sum 
of  forty-two  dollars  and  forty  cents,  being  the  amount 
due  to  said  town  for  the  support  of  State  paupers,  to 
the  first  day  of  May  1830:  and  His  Excellency  the 
Governor  is  hereby  authorized  to  draw  his  warrant  ac- 
cordingly. 


CHAP.  LIX. 

Resolve  to  pay  for  making  Indices  and  Duplicate  Copies 
of  Journals  of  the  Senate, 

March  5,  1831. 

Resolved  by  the  Senate   and  House   of  Represerita 
tives  in    General   Court  assembled,   That  there  be   al- 


CONSTITUTION.  497 

lowed  and  paid  out  of  the  treasury  of  the  Common- 
wealth to  Charles  Calhoun,  Clerk  of  the  Senate,  for 
his  labor  and  service  in  completing  indexes  to  the 
journals  of  the  Senate,  from  the  adoption  of  the  con- 
stitution, and  duplicate  copies  of  the  same,  four  dol- 
lars for  every  day  during  which  he  has  been  employ- 
ed in  this  service  during  the  recess  of  the  General 
Court;  and  His  Excellency  the  Governor,  by  and  with 
the  advice  of  the  Council,  is  hereby  authorized  and  re- 
quested to  draw  his  warrant  accordingly,  for  an  amount 
not  exceeding,  in  the  whole,  the  sum  of  seven  hundred 
and  four  dollars. 


CHAP.  LX. 

Resolve  on  the  PetitioH  of  Jonathan  Messinger. 
March?,  1831. 

Resolved,  That  Artemas  Stanley  Messinger,  the  son 
of  Jonathan  Messinger  of  Canton  in  the  county  of  Nor- 
folk, be  placed  upon  the  list  of  pupils  supported  by  this 
Commonwealth,  at  the  American  Asylum  for  the  edu- 
cation of  the  deaf  and  dumb,  at  Hartford,  agreeably  to 
the  provisions  of  the  resolves  heretofore  passed  in  re- 
lation to  State  beneficiaries. 


CHAP.   LXI. 

Resolve  for  submitting  to  the  People  a  proposed  Article  of 
Amendment  to  the  Constiiution. 

March  7,  1831. 

Whereas  the  specific  article  of  amendment,  hereafter 
recited,  was  proposed  in  the  lust  General  Court,  as  an 
amendment  to  the  Constitution  of  this  Commonwealth, 
€5 


498  CONSTITUTION. 

and  was  agreed  to  by  a  majority  of  the  Senators,  and 
two  thirds  of  the  House  of  Representatives  present  and 
voting  thereon,  and  was  thereupon  entered  upon  the 
journals  of  the  two  houses,  with  the  yeas  and  nays  taken 
thereon,  and  also  referred  to  the  present  General  Court, 
and  published,  as  by  the  said  constitution  is  required; 
and  the  same  proposed  amendment  having  been  agreed 
to  by  a  majority  of  the  Senators,  and  two  thirds  of  the 
House  of  Representatives,  of  the  present  General  Court, 
present  and  voting  thereon,  it  has  become  the  duty  of 
this  General  Court  to  submit  the  said  proposed  amend- 
ment to  the  People,  in  order  that,  if  the  said  proposed 
amendment  shall  be  approved  and  ratified  by  a  majority 
of  the  qualified  voters,  voting  thereon,  at  meetings  legal- 
ly warned  and  holden  for  that  purpose,  the  same  may 
become  a  part  of  the  Constitution  of  this  Commoa- 
wealth. 

ARTICLE   OF  AMENDMENT. 

"  The  political  year  shall  begin  on  the  first  Wednesday 
of  January,  instead  of  the  last  Wednesday  of  May,  and 
the  General  Court  shall  assemble  every  year,  on  the  said 
first  Wednesday  of  January,  and  shall  proceed  at  that 
session  to  make  all  the  elections,  and  do  all  the  other 
acts,  which  are  by  the  Constitution  required  to  be  made 
and  done  at  the  session  which  has  heretofore  commenc- 
ed on  the  last  Wednesday  of  May.  And  the  General 
Court  shall  be  dissolved  on  the  day  next  preceding  the 
first  Wednesday  of  January,  without  any  proclamation 
ar  other  act  of  the  governor.  But  nothing  herein  con- 
tained shall  prevent  the  General  Court  from  assembling 
at  such  other  times  as  they  shall  judge  necessary,  or 
when  called  together  by  the  governor.  1  he  governor, 
lieutenant  governor,  and  counsellors,  shall  also  hold  their 
Respective  offices  for  one  year  next  following  the  first 
Wednesday  of  January,  and  until  others  are  chosen  and 
qualified  in  their  stead. 

The  meeting  for  the  choice  of  governor,  lieutenant 
governor,  senators,  and  representatives,  shall  be  held  on 
the  second  Monday  of  November  in  every  year ;  but 
meetings  may  be  adjourned  if  necessary,  for  the  choice 
<of  representatives,  to  the  next  day,  and  again  to  the  next 


CONSTITUTION.  -199 

succeeding  day,  but  no  further.  But  in  case  a  second 
meeting  shall  be  necessary  for  the  choice  of  representa- 
tives, such  meetings  shall  be  held  on  the  fourth  Monday 
of  the  same  month  of  November. 

All  the  other  provisions  of  the  Constitution,  respecting 
the  elections,  and  proceedings  of  the  members  of  the 
General  Court,  or  of  any  other  officers,  or  persons  vv^hat- 
ever,  that  have  reference  to  the  last  Wednesday  of  May, 
as  the  commencement  of  the  political  year,  shall  be  so 
far  altered  as  to  have  like  reference  to  the  first  Wednes- 
day of  January. 

This  article  shall  go  into  operation  on  the  first  day  of 
October  next  following  the  day  when  the  same  shall  be 
duly  ratified  and  adopted  as  an  amendment  of  the  Con- 
stitution;— and  the  governor,  lieutenant  governor,  coun- 
sellors, senators,  representatives,  and  all  other  State  offi- 
cers, who  are  annually  chosen,  and  who  shall  be  chosen 
for  the  current  year  when  the  same  shall  go  into  opera- 
tion, shall  hold  their  respective  offices  until  the  first  Wed- 
nesday of  January  then  next  following,  and  until  others 
are  chosen  and  qualified  in  their  stead,  and  no  longer. 
And  the  first  election  of  the  governor,  lieutenant  gover- 
nor, senators,  and  representatives,  to  be  had  in  virtue  of 
this  article,  shall  be  had  conformably  thereunto,  in  the 
month  of  November  following  the  day  on  which  the  same 
shall  be  in  force  and  go  into  operation,  pursuant  to  the 
foregoing  provision. 

All  the  provisions  of  the  existing  Constitution  incon- 
sistent with  the  provisions  herein  contained,  are  hereby 
wholly  annulled." 

Resolved,  That  the  people  shall  be  assembled  for  the 
purpose  aforesaid,  in  the  city  of  Boston,  and  the  several 
towns  and  districts  of  this  Commonwealth,  respectively, 
in  meetings  to  be  legally  warned  and  held  on  Wednes- 
day, the  eleventh  day  of  May  next ;  at  which  meetings, 
all  the  inhabitants  qualified  to  vote  for  Senators  or  Rep- 
resentatives in  the  General  Court,  may  give  in  their 
votes  by  ballot,  for  or  against  the  said  article  of  amend- 
ment. And  the  same  officers  shall  preside  in  the  said 
meetings,  as  in  the  meetings  for  the  choice  of  Senators 
and  Representatives,  and  shall  in  open  meeting  receive, 
sort,  count,  and  declare  the  votes  of  the  inhabitants  for, 
and  against  the  said  article  of  amendment.     And  the  said 


50Q  TAXES  GRANTED  TO  COUNTIES. 

votes  shall  be  recorded  by  the  clerks  of  said  city,  towns 
and  districts,  and  true  returns  thereof  shall  be  made  out, 
under  the  hands  of  tho  mayor  and  aldermen  of  the  city 
of  Boston,  and  the  selectmen,  or  the  major  part  of  them, 
of  the  said  towns  and  districts  respectively,  and  of  the 
clerks.  And  the  said  returns  shall  be  sealed  up,  and 
delivered  to  the  sheriff  of  the  county  within  eight  days 
after  the  said  meetings,  to  be  by  him  transmitted  to  the 
office  of  the  secretary  of  the  Commonwealth,  on  or  be- 
fore the  fourth  Wednesday  of  May  next;  or  the  said 
mayor  and  aldermen  and  selectmen  respectively,  shall 
themselves  transmit  the  same  to  the  said  office  on  or 
before  the  day  last  mentioned,  in  order  that  the  same 
may  be  laid  before  the  General  Court. 

Resolved,  That  a  printed  copy  of  these  resolves,  in- 
cluding the  said  article  of  amendment,  shall  be  attested 
by  the  secretary,  and  transmitted  by  him,  as  soon  as  may 
be,  to  the  mayor  and  aldermen  of  the  said  city  of  Bos- 
ton, and  to  the  selectmen  of  the  several  towns  and  dis- 
tricts of  this  Commonwealth. 


CHAP.  LXII. 

Resolve  granting  Taxes  for  the  several  Counties. 
March?,  1831. 

Whereas  the  treasurers  of  the  following  counties  have 
laid  their  accounts  before  the  Legislature,  which  ac- 
counts have  been  examined  and  allowed,  and  the  clerks 
of  the  County  Commissioners  for  the  said  counties  have 
exhibited  estimates,  made  by  said  commissioners,  of  the 
necessary  charges  which  may  arise  within  their  respec- 
tive counties  for  the  year  ensuing,  and  of  the  sums  ne- 
cessary to  discharge  the  debts  of  the  said  counties  : 

Resolved,  That  the  sums  annexed  to  the  several  coun- 
ties in  the  following  schedule  be,  and  the  same  are 
hereby  granted,  as  a  tax  for  each  county  respectively. 


MILITIA.  501 

to  be  apportioned,  assessed,  paid,  collected,  and  appli- 
ed, for  the  purposes  aforesaid  according  to  law,  viz  : 
The   county   of   Franklin,   seven  thousand  five 

hundred  dollars,  ^7,500 

The  county  of  Hampshire,  seven  thousand  five 

hundred  dollars,  7,500 

The  county  of  Hampden,  eight  thousand  dol- 
lars, 8,000 
The  county  of  Worcester,  sixteen  thousand  dol- 
lars,                                                                       16,000 
The  county  of  Plymouth,  six  thousand  dollars,       6,000 
The  county  of  Barnstable,  three  thousand  eight 

hundred  dollars,  3,800 

The  county  of  Norfolk,    thirteen  thousand  dol- 
lars, 13,000 
The  county  of  Berkshire,  eight  thousand  dol- 
lars, 8,000 
The  county  of  Duke's  County,  six  hundred  and 

fifty  dollars,  650 

The   county   of  Middlesex,    thirteen  thousand 

dollars,  13,000 

The  county  of  Essex,  thirty  thousand  dollars,       30,000 
The  county  of  Bristol,  twelve  thousand  dollars,  12,000 


CHAP.  LXIII. 

Resolve  respecting  the  Organization  of  the  Militia. 
March  8,  1831. 

Resolved,  By  the  Senate  and  House  of  Representa- 
tives, that  the  senators  of  this  Commonwealth,  in  the 
Congress  of  the  United  States,  be  instructed,  and  the 
representatives  requested,  to  use  their  exertions  to  pro- 
cure the  passage  of  a  law,  for  the  more  perfect  organi- 
zation of  the  militia  of  the  several  States. 

Resolved,  That  His  Excellency  the  Governor  be  re- 
quested to  transmit  copies  of  these  resolutions  to  the 
senators  and  representatives  of  this  Commonwealth,  in 


502  PAY  OF  BANK  COMMISIONERS. 

Congress,  and  also  to  the  Governors  of  the  other  States, 
in  order  that  the  same  may  be  submitted  to  the  legis- 
latures thereof,  for  their  consideration. 


CHAP.  LXIV. 

Resolve  for  furnishing  the  Courts  in  the  County  of 
Barnstable,  loith  the  Laws  of  the  Commonwealth,  Lnd 
Reports  of  the  Supreme  Judicial  Court. 

March  9,  1831. 

Resolved,  That  the  Secretary  of  the  Commonwealth 
be  authorized  and  directed  to  deliver  to  the  Clerk  of 
the  Courts  in  the  county  of  Barnstable,  one  set  of  the 
reports  of  decisions  of  the  Supreme  Judicial  Court,  or 
as  many  volumes  as  there  are  in  a  set,  for  the  use  of 
said  Courts,  and  also  to  said  clerk  and  the  register  of 
the  Court  of  Probate  in  said  county,  each  one  set  of  the 
general  and  special  laws  of  the  Commonwealth,  and  one 
copy  of  the  charters  and  laws  of  the  colony  and  prov- 
ince of  Massachusetts  Bay,  for  the  use  of  said  courts 
respectively. 


CHAP.  LXV. 

A  Resolve  for  paying  the  Commissioners,  appointed  to  in- 
quire into  the  condition  of  Banks. 

March  9,  1831. 

Resolved,  That  there  be  paid  out  of  the  treasury  of  this 
Commonwealth,  to  James  Savage  the  sum  of  seventy  six 
dollars,  to  John  Dorr  the  sum  of  seventy  six  dollars,  to 
Henry  A.  S.  Dearborn  the  sum  of  ninety  seven  dollars, 


PAY  OF  BANK  COMMISSIONERS.        503 

to  John  Wyles  the  sum  of  twenty  four  dollars,  to  Elipha- 
let  Williams  the  sum  of  nineteen  dollars  and  fifty  cents, 
to  Samuel  Partridge  the  sum  of  twenty  one  dollars,  to 
Charles  P.  Phelps  the  sum  of  thirty  dollars  and  fifty  cents,, 
to  William  Whitaker  the  sum  of  thirty  one  dollars,  to 
William  Cobb  the  sum  of  thirty  two  dollars  and  fifty  cents, 
to  Oliver  Holden  the  sum  of  twenty  one  dollars,  to  Rich- 
ard D.  Harris  the  sum  of  twenty  one  dollars,  to  Luke 
Fiske  the  sum  of  twenty  one  dollars,  to  Royal  Make- 
peace the  sum  of  eighteen  dollars,  to  John  Ruggles  the 
sum  of  nineteen  dollars  and  fifty  cents,  to  Royal  Turner 
the  sum  of  twenty  four  dollars,  to  Seth  Sprague,  jr.  the 
sum  of  seven  dollars,  to  James  C,  Doane  the  sum  of 
eleven  dollars  and  fifty  cents,  to  Thomas  A.  Greene  tho 
sum  of  twenty  nine  dollars,  to  Elisha  P.  Ferring  the  sum 
of  sixteen  dollars,  to  James  Macy  the  sum  of  sixteen  dol- 
lars, to  Barker  Burnell  the  sum  of  thirty  dollars  and  fifty 
cents,  to  Elisha  Pope  the  sum  of  eighteen  dollars  and 
fifty  cents,  to  Henry  Crocker  the  sum  of  twenty  dollar;?, 
to  Aaron  Hobart  the  sum  of  fifty  eight  dollars  and  fifty 
cents,  to  James  Howland,  2d,  the  sum  of  fifty  seven  dol- 
lars, to  Elkanah  Briggs  the  sum  of  fifty  seven  dollars,  to- 
John  C.  Gray  the  sum  of  sixty  two  dollars  and  fifty  cents^ 
to  Samuel  Mixter  the  sum  of  fifty  four  dollars,  to  Otis 
Corbett  the  sum  of  forty  six  dollars  and  fifty  cents,  to 
Thomas  Motley  the  sum  of  one  hundred  and  thirty 
two  dollars,  to  Jeremiah  Nelson  the  sum  of  one  hundred 
and  twenty  dollars,  to  William  B.  Breed  the  sum  of  one 
hundred  and  twenty  nine  dollars,  to  Nathaniel  P.  Denny 
the  sum  of  thirty  nine  dollars,  to  Joshua  Frost  the  sum  of 
nineteen  dollars,  to  Caleb  Rice  the  sum  of  nineteen  dol- 
lars, to  James  Fowler  the  sum  of  twenty  one  dollars  and 
fifty  cents,  to  William  P.  Walker  the  sum  of  twelve  dol- 
lars and  fifty  cents,  to  Edward  A.  Newton  the  sum  of 
twelve  dollars  and  fifty  cents,  in  full  for  their  services 
and  expenses  as  commissioners,  appointed  under  a  re- 
solve of  the  legislature,  passed  June  7th,  eighteen  hun- 
dred and  thirty,  to  inquire  into  the  condition  of  banks  :. 
And  the  Governor,  by  and  with  the  advice  and  consent 
of  the  Council,  be,  and  he  is  hereby  authorized  to  draw 
his  warrant  on  the  treasury  for  the  above  mentioned 
sums. 


504  F.   LAWRENCE— MESSAGE. 

CHAP.  LXVI. 

Resolve  in  favor  of  Francis  Lawrence. 
March  9,  1831. 

On  the  petition  of  Francis  Lawrence,  praying  for  re- 
muneration for  services  rendered  at  the  State  Prison,  A. 
D.  one  thousand  eight  hundred  and  twenty  four,  as  over- 
seer in  the  stone  cutting  department ; 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  Francis  Lawrence, 
the  sum  of  one  hundred  and  fifteen  dollars  and  fifty  sev- 
en cents,  in  full  for  all  claims  on  the  Commonwealth  for 
services  above  set  forth,  together  with  a  balance  due  him 
for  board  at  that  period  ;  and  His  Excellency  the  Gov- 
ernor, with  advice  of  the  Council,  is  hereby  authorized 
and  requested  to  draw  his  warrant  accordingly. 


CHAP.  Lxvn. 

To  the  Honorable  Senate  and 

House  of  Representatives. 

I  have  the  high  gratification  of  informing  you,  that  I 
have  received,  this  morning,  a  warrant  drawn  by  the 
secretary  of  the  treasury  of  the  United  States  upon  the 
treasurer,  accompanied  with  his  draft  upon  the  Branch 
Bank  of  the  United  States  at  Boston,  for  the  sum  o^  four 
hundred  and  nineteen  thousand  seven  hundred  and  forty 
eight  dollars  and  twenty  six  cents,  for  the  use  of  the  Com- 
monwealth, under  certain  decisions  of  the  secretary  of 
war,  dated  respectively  the  19th  of  January,  and  the 
26th  of  February  last,  by  virtue  of  the  act  of  Congress 
of  the  31st  of  May  1830,  providing  for  the  settlement  of 
the  Massachusetts  claim.  As  I  am  not  yet  favored  with 
a  copy  of  these  decisions,  the  grounds  of  disallowance 


HOWELL  POWELL— FRANKLIN  DEXTER.  505 

of  any  portion  of  the  amount  within  the  sum  of  the  ap- 
propriation made  by  Congress,  is  not  precisely  known. 

It  would  be  doi')g  great  violence  to  my  own  feelings, 
not  to  avail  myself  of  the  occasion  to  express  the  entire 
conviction  which  a  long  and  most  frequent  correspon- 
dence on  this  subject  with  the  honorable  John  Davis, 
the  agent  of  the  State,  has  produced,  of  his  devoted  at- 
tention, and  able,  assiduous  and  efficient  services  in  the 
investigation,  both  of  the  principles  and  items  of  the  ac- 
count and  in  the  maintenance,  by  the  exhibition  of 
proofs  and  arguments,  of  the  rights  and  interests  of  the 
vState.  And  it  is  equally  a  tribute  of  justice,  to  acknowl- 
edge the  respectful  and  candid  consideration  and  regard, 
which  his  representations  have  received  from  the  secre- 
tary of  war. 

Whatever  further  inquiry  and  examination  may  be  al- 
lowed, in  the  prosecution  of  the  residue  of  the  claim, 
will  be  the  subject  of  continued  attention  on  the  part  of 
the  executive. 

As  by  the  terms  of  the  act  of  separation  of  the  State 
of  Maine,  one  third  of  the  m.oney  obtained  on  account 
of  the  claim  is  due  to  that  government,  some  order  of 
the  legislature  will  be  required  for  the  payment  of  the 
share  to  which  Maine  may  be  entitled  from  the  amount 
now  received. 

LEVI  LINCOLN. 

Council  Chamber y  March  10,  1831. 


CHAP.  LXVIII. 

Resolve  on  the  Petition  of  Howell  Powell  and  Franklin 
Dexter,  authorizing  the  Executor  of  Marshall  B.  Spring 
to  execute  a  Deed. 

March  10,  1831. 

On  the  petition  of  Howell  Powell  of  Watertown,  in  the 
county  of  Middlesex,  and  Franklin  Dexter  of  Boston,  ia 
the  county  of  Suffolk,  praying  that  Franklin  Dexter,  ex- 
66 


506    HOWELL  POWELL— FRANKLIN  DEXTER. 

ecutor  of  Marshall  B.  Spring,  late  of  Watertown,  in  said 
county,  may  be  authorized  to  make  a  conveyance  to  Le- 
vi Lewis  of  Lancaster,  in  the  county  of  Worcester,  tra- 
der, of  a  certain  tract  of  land  situate  in  Lancaster,  in  the 
county  of  Worcester,  containing  nineteen  acres  and  one 
hundred  and  four  rods,  bounded  as  follows,  to  wit  :  be- 
ginning at  a  stake  and  stones  at  the  south-west  corner 
of  land  formerly  owned  by  John  Robbins ;  thence  south 
fifty  four  degrees  east,  eighty  nine  rods,  to  a  white  oak 
tree  ;  thence  north  forty  five  degrees  east,  forty  five  rods 
to  a  stake  and  stones ;  thence  north  sixty  seven  degrees 
west,  one  hundred  and  six  rods  to  a  stake  and  stones  ; 
thence  south  seventeen  degrees  west,  sixteen  rods  to  the 
first  named  corner :  also  about  twelve  acres  of  land,  be- 
ing a  part  of  twenty  four  acres  of  land  deeded  by  Aaron 
Johnson  to  Luther  Johnson  by  deed  dated  February  17, 
A.D.  1819,  reference  being  had  to  said  deed  for  the  par- 
ticular bounds  of  both  said  tracts  of  land,  including  all 
the  buildings  on  the  same;  being  the  same  estate  con- 
veyed in  mortgage  to  Levi  Lewis  by  Luther  Johnson,  by 
deed  dated  March  21,  A.D.  1820,  which  the  said  How- 
ell Powell,  being  an  alien  and  unable  to  hold  real  estate, 
had  caused  to  be  conveyed  to  said  Marshall  B.  Spring, 
under  a  written  agreement  that  he,  the  said  Spring, 
should  convey  to  such  persons  as  the  said  Howell  Pow- 
ell should  appoint :  but  that  said  Marshall  B.  Spring  had 
died  without  conveying  the  same. 

Resolved^  For  reasons  set  forth  in  said  petition,  that 
the  said  Franklin  Dexter,  in  his  said  capacity,  be,  and 
he  hereby  is  authorized  and  empowered,  to  make  and 
execute  a  sufficient  deed  of  release  and  quit  claim  of 
said  real  estate,  to  said  Levi  Lewis  in  fee  simple. 


WILLIAM  MINOT— HENRY  B.  ROGERS.     507 


CHAP.  LXIX. 

Resolve  to  authorize  William  Minot  and  Henry  B.  Rogers, 
Trustees  under  the  Will  of  Daniel  D.  Rogers,  to  mort- 
gage certain  Real  Estate  in  the  City  of  Boston. 

March  10,  183L 

Whereas  it  appears  from  the  petition  of  William  Minot 
and  Henry  B.  Rogers,  trustees  under  the  will  of  Daniel 
D.  Rogers,  late  of  Boston,  in  the  county  of  Suffolk,  de- 
ceased, that  they  hold  under  said  will  a  certain  lot  of 
land  in  Washington  street,  in  said  Boston,  measuring 
twenty  feet  on  said  street  (being  the  same  estate  which 
Thomas  Greenleaf  conveyed  to  John  Warren  by  deed, 
bearing  date  February  17,  A.D.  1797,  recorded  with  Suf- 
folk deeds.  Lib.  185,  folio  163)  in  trust  for  the  use  of 
Hannah  Rogers,  daughter  of  said  testator,  during  her 
natural  life ;  and  in  case  of  her  decease  without  issue, 
in  further  trust  for  the  other  children  of  said  testator : 
and  whereas  it  further  appears  from  said  petition,  that 
the  buildings  on  said  land  are  very  old  and  decayed,  and 
incapable  of  being  repaired  without  great  expense,  and 
that  said  trustees  have  not  money  or  personal  estate  to 
enable  them  to  rebuild  said  buildings,  therefore 

Resolved,  That  said  William  Minot  and  Henry  B.  Rog- 
ers, trustess  as  aforesaid,  be,  and  they  are  hereby  au- 
thorized and  empowered  to  rebuild  the  houses  on  said 
lot  of  land,  and  for  that  purpose  to  hire  a  sum  of  money, 
not  exceeding  eight  thousand  dollars  in  the  whole,  on  a 
mortgage  of  said  lot  of  land,  and  to  convey  said  lot  of 
land  in  mortgage,  by  a  deed  duly  executed,  as  security 
for  the  repayment  of  said  sum,  with  interest,  and  to  re- 
new said  loan  and  mortgage  so  often  as  may  be  neces- 
sary:  and  said  lot  of  land,  with, the  buildings  thereon, 
shall  be  held  and  bound  for  the  repayment  of  the  sum  of 
money  so  borrowed,  with  the  interest  thereon,  until  the 
same  shall  be  repaid  by  said  Hannah  or  the  other  chil- 
dren of  said  testator,  their  heirs  or  assigns. 

And  in  case  the  said  Hannah  shall  die  without  issue, 
the  said  lot  of  land,  with  the  buildings  thereon,  shall 


508  FRANCIS  BARNARD. 

stand  and  be  chargeable  to  the  heirs  or  legal  assigns  of 
said  Hannah,  with  one  half  of  all  the  interest  which  shall 
have  accrued  and  become  payable  on  said  loan. 

Resolved,  That  said  William  Minot  and  Henry  B.  Rog- 
ers, trustees  as  aforesaid,  shall,  within  one  year  after  the 
buildings  on  said  land  are  completed,  exhibit  to  the  judge 
of  probate  for  the  county  of  Suffolk,  for  his  allowance, 
a  true,  full  and  just  account  of  all  the  costs  and  charges 
of  rebuilding  said  houses,  and  the  amount  allowed  by  said 
judge  shall  be  the  sum  for  which  said  lot  of  land  shall 
be  bound  and  chargeable. 


CHAP.  LXX. 

Resolve  on  the  Petition  of  Francis  Barnard,  Adminis- 
trator. 

March  10,  1831. 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
Francis  Barnard  of  Marlborough,  in  the  county  of  Mid- 
dlesex, administrator  of  the  estate  of  Jonas  Temple,  late 
of  said  Marlborough,  deceased,  be,  and  he  hereby  is  au- 
thorized and  empowered,  at  any  time  within  three  months 
after  the  passing  of  this  resolve,  to  make  and  file  in  the 
probate  office,  in  said  county  of  Middlesex,  his  affidavit, 
setting  forth  the  time,  and  place,  and  manner  in  which 
he  gave  notice  of  the  sale  of  the  real  estate  of  said  de- 
ceased, pursuant  to  a  license  of  the  circuit  court  of 
common  pleas,  holden  within  and  for  said  county  on  the 
second  Monday  of  June,  A.D.  1819:  and  said  affidavit, 
being  so  filed,  shall  be  evidence  of  said  notice,  and  of 
the  time,  place,  and  manner  in  which  the  same  was  giv- 
en, as  effectually  as  if  such  affidavit  had  been  made  and 
filed  in  said  probate  office  within  the  time  prescribed  by 
law. 


COL.  SOCIETY— E.  A.  K.  STUBBS.       509 

CHAP.  LXXl. 
Resolves  on  petition  of  American  Colonization  Society, 

March  10,  1831. 

1.  ResoU)ed,  That  the  Legislature  of  Massachusetts 
views  with  great  interest  the  efforts  made  by  the  Ameri- 
can Colonization  Society,  in  estabHshing  an  Asylum,  on 
the  coast  of  Africa,  for  the  free  people  of  color  of  the 
United  States;  and  that,  in  the  opinion  of  the  legisla- 
ture, it  is  a  subject  eminently  deserving  the  attention 
and  aid  of  Congress,  so  far  as  shall  be  consistent  with 
the  powers  of  Congress,  the  rights  of  the  several  States 
of  the  Union,  and  the  rights  of  the  individuals,  who  are 
the  objects  of  those  efforts. 

2.  Resolved,  That  our  senators  and  representatives  in 
Congress  be,  and  they  are  hereby  requested,  in  the  name 
of  the  State  of  Massachusetts,  to  solicit  the  assistance  of 
the  general  government,  to  aid  the  laudable  designs  of 
that  society,  in  such  manner  as  Congress,  in  its  wisdom, 
may  deem  expedient,  and  is  consistent  with  the  provis- 
ions of  the  constitution  of  the  United  States. 

3.  Resolved,  That  His  Excellency  the  Governor  be, 
and  he  is  hereby  requested,  to  furnish  a  copy  of  the  fore- 
going resolutions  to  our  senators  and  representatives  in 
Congress. 


CHAP.  Lxxn. 

Resolve  providing  for  the  Education  of  E.  A.  K.  Stubbs, 
at  the  Deaf  and  Dumb  Asylum  at  Hartford. 

March  10,  1831.  " 

Resolved  That  Eliza  Ann  K.  Stubbs,  daughter  of  Zilla 
Stubbs  of  Wellfleet,  in  the  county  of  Barnstable,  be  pla^' 


510    MASS'TS  REPORTS— WM.  CALLENDER. 

ced  upon  the  list  of  persons  supported  by  this  Common- 
wealth, at  the  American  Asylum  for  the  education  of  the 
deaf  and  dumb  at  Hartford,  agreeably  to  the  provisions 
of  the  resolve  heretofore  passed  in  relation  to  State  ben- 
eficiaries. 


CHAP.  LXXHI. 

Resolve  f 01  supplying  the  several  Toivns  within  the  Com- 
monwealth with  complete  sets  of  Massachusetts  Reports. 

March  10,  1831. 

Resolved^  That  the  Secretary  of  the  Commonwealth 
be,  and  hereby  is  authorized  to  procure  a  sufficient 
number  of  such  volumes  as  may  be  wanted,  in  order  to 
supply  each  town  in  the  Commonwealth,  that  has  not 
been  heretofore  supplied,  with  a  complete  set  of  the 
Massachusetts  Reports  ;  Provided,  such  volumes  can  be 
purchased  at  a  rate  not  exceeding  three  dollars  each. 

Resolved,  That  His  Excellency  the  Governor  be  au- 
thorized to  draw  his  warrant  on  the  treasurer  to  defray 
the  expense  of  the  purchase  of  such  volumes. 


CHAP.  LXXIV. 

Resolve  on  the  Petition  of  William  Callender. 
March  10,  1831. 

On  the  petition  of  William  Callender,  praying  com- 
pensation for  services  rendered  in  the  laboratory  de- 
partment of  this  Commonwealth,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  eighty, 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  William  Callender 


FIRE  PROOF  EDIFICE.  511 

the  sum  of  one  hundred  dollars,  in  full  for  all  claims  he 
may  have  against  tl^e  Conmionwealth  for  services  above 
set  forth;  and  His  Excellency  the  Governor,  with  the 
advice  of  Council,  is  hereby  authorized  and  requested 
to  draw  his  warrant  accordingly. 


CHAP.  LXXV. 

Resolve  in  relation  to  a  Fire  Proof  Edifice. 

March  10,  1831. 

Resolved,  That  His  Excellency  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Council,  be,  and  he 
hereby  is  authorized,  to  cause  a  Fire  Proof  Edifice  to 
be  erected  on  the  northern  front  of  thq  State  House, 
which  shall  contain  a  sufficient  number  of  apartments, 
best  calculated  for  the  safe  keeping  of  the  Records  and 
Papers  of  the  Commonwealth,  in  conformity  to  such  plan 
as  he  shall  think  proper  ;  provided,  that  the  same  can  be 
completely  executed  by  contract,  for  a  sum  not  exceed- 
ing seven  thousand  dollars ;  and  that  the  Governor  be, 
and  he  hereby  is  authorized,  to  draw  his  warrant  on  the 
Treasury  for  such  sum  as  may  be  requisite  for  defraying 
the  expense  of  the  aforesaid  work,  not  exceeding  seven 
thousand  dollars. 


512  RESOLVES  ON  GEORGIA  RESOLUTIONS. 


CHAP.  LXXVI. 

Resolves  on  the  subject  of  the   Colonial  Records  in  Eng- 
land. 

March  11,  1831. 

Resolved,  That  the  Senators  and  Representatives  in 
Congress  from  this  State  be  requested  to  use  their  ex- 
ertions to  procure  the  passage  of  an  Act  to  provide  for 
obtaining,  from  the  various  offices  in  England,  copies  of 
the  papers  and  documents  relating  to  ihe  early  history 
of  this  country. 

Resolved,  That  His  Excellency  the  Governor  be,  and 
he  is  hereby  requested,  to  transmit  a  copy  of  the  fore- 
going resolution  to  each  of  the  Senators  and  Represen- 
tatives in  Congress  from  this  Commonwealth. 


CHAP.  LXXVII. 

Resolves  respecting  certain  Resolutions  of  the  State  of 

Georgia. 

March  14,  1831. 

Whereas  certain  late  proceedings  of  the  Government 
of  Georgia  are  of  a  nature  to  create  very  serious  ap- 
prehensions in  the  minds  of  the  good  people  of  the 
Union  respecting  the  integrity  and  permanence  of  our 
civil  institutions,  and. 

Whereas  it  is  the  right  and  duty  of  the  State  Gov- 
ernments and  of  the  People,  while  they  carefully  avoid 
any  attempt  to  influence  the  Courts  of  Justice  in  any 
case,  that  may  be  pending  before  them,  to  express  their 
opinions  with  freedom  upon  the  conduct  of  all  their  po- 


RESOLVES  ON  GEORGIA  RESOLUTIONS.    513 

litical  agents,  and  upon  the  general  condition  of  the 
country,  whenever  the  occasion  may  appear  to  require, 
— therefore 

1.  Resolved,  By  the  Senate  and  House  of  Represen- 
tatives, that  the  Federal  Constitution,  the  laws  of  the 
United  States  made  in  pursuance  thereof,  and  all  trea- 
ties made  under  the  authority  of  the  United  States,  are 
the  supreme  law  of  the  land  ;  and  that  the  Judges  in 
every  State  are,  bound  thereby,  any  thing  in  the  Con- 
stitution or  laws  of  any  State  to  the  contrary  notwith- 
standing. 

2.  Resolved,  That  the  judicial  power  of  the  United 
States  extends  to  all  cases  in  law  and  equity,  arising  un- 
der the  Constitution,  the  laws  of  the  United  States  and 
the  treaties  made  under  their  authority  ;  and  that  no 
State  can  rightfully  enjoin  upon  its  executive  officers 
to  disregard  or  resist  by  force  any  process  or  mandate 
which  may  be  served  upon  it  in  such  cases  in  due  form 
of  law,  by  authority  of  the  Courts  of  the  United 
States. 

3.  Resolved,  That  it  is  the  duty  of  the  President  of 
the  United  States  to  take  care  that  the  Constitution, 
the  Laws  of  the  United  States,  and  the  treaties  made 
under  their  authority  are  faithfully  executed,  any  thing 
in  the  Constitution,  laws  or  acts  of  any  State  to  the 
contrary  notwithstanding. 

4.  Resolved,  That  the  Senators  and  Representatives 
of  the  State  of  Massachusetts  in  Congress,  be,  and 
they  hereby  are  requested  and  instructed  to  use  all  the 
means  in  their  power  to  preserve  inviolate  the  public 
faith  of  the  country,  and  to  sustain  the  rightful  author- 
ity of  the  Government  of  the  United  States  in  all  its 
departments. 

5.  Resolved,  That  His  Excellency  the  Governor  be, 
and  he  hereby  is  requested,  to  transmit  a  copy  of  these 
resolutions  to  the  Governors  of  all  the  other  Stales,  to 
the  end,  that  they  may  be  submitted  to  the  Legislatures 
of  the  same  for  their  consideration  ;  and  ako  to  the 
Senators  and  Representatives  of  the  Statq  in  Congress. 

67 


514     TRUSTEES  OF  MASS.  AG.  SOCIETY. 


CHAP.  LXXVIII. 

A  Resolve  on  the   Petition  of  the   Warden  of  the   State 
Prison  for  a  grant  of  money  in  aid  of  that  Institution. 

March  14,  1831. 

Resolved,  That  for  reasons  set  forth  in  said  petition, 
there  be  allowed  and  paid,  out  of  the  Treasury  of  the  Com- 
monwealth, for  the  use  of  the  State  Prison,  the  sum  of 
eight  thousand  dollars ;  and  His  Excellency  the  Gov- 
ernor is  hereby  authorized  and  requested,  by  and  with 
advice  of  Council,  to  draw  his  warrant  on  the  Treasury 
for  that  sum. 


CHAP.  LXXIX. 

Resolve  in  favor  of  the  Trustees  of  the  Massachusetts  Ag- 
ricultural Society. 

March  14,  1831. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  treasury  to  the  Trustees  of  the  Massachusetts 
Agricultural  Society,  the  sum  of  six  hundred  dollars,  to 
defray  expenses  incurred  for  the  use  of  the  Botanic 
Garden  at  Cambridge,  in  pursuance  of  a  resolve  passed 
March  9,  1830,  and  His  Excellency  the  Governor  is  re- 
quested to  draw  his  warrant  accordingly. 


NICHOLSON  B.  PROCTER.  515 


CHAP.  LXXX. 

Resolve  providing  for  the  publishment  of  a  Manual  re- 
specting the  growth  of  the  Mulberry  Tree^  with  direc- 
tions for  the  Culture  of  Silk. 

March  15,  1831. 

Resolved,  That  His  Excellency  the  Governor,  be  re- 
quested to  cause  to  be  compiled,  and  printed  a  concise 
manual,  to  contain  the  best  information,  respecting  the 
growth  of  the  Mulberry  Tree,  with  suitable  directions 
for  the  culture  of  Silk.  And  that  this  manual  be  dis- 
tributed in  suitable  numbers  to  the  city  of  Boston  and 
every  town  in  the  Commonwealth.  That  to  defray  the 
expense  thus  incurred,  he  be  authorized  to  draw  his 
warrant  on  the  Treasury  for  a  sum  not  exceeding  six 
hundred  dollars. 


CHAP.  LXXXl. 

Resolve  on  the  Petition  of  Nicholson  B.  Procter,  Adminis- 
trator. 

March  15,  1831. 

Resolved,  For  the  reasons  set  forth  in  said  petition, 
that  Nicholson  B.  Procter,  of  Marlborough,  in  the  coun- 
ty of  Middlesex,  administrator  with  the  will  annexed,  on 
the  Estate  of  Barzillai  Hayden,  late  of  said  Marlborough, 
deceased,  be,  and  he  is  hereby  authorized  and  empow- 
ered to  file  in  the  probate  office,  within  said  county, 
within  four  months  from  and  after  the  passage  of  this 
resolve,  an  affidavit  that  he  gave  notice  of  the  sale  of 
certain  real  estate  of  said  deceased,  pursuant  to  a  license 
of  the  Judge  of  Probate  for  said  county  of  Middlesex; 
and  such  affidavit,  being  so  filed,  shall  be  evidence  ot 


516  TUKELL  TUFTS. 

said  notice,  and  of  the  time,  place  and  manner  in  which 
the  same  was  given,  as  eflectually  as  if  such  affidavit 
had  heen  made  and  filed  in  said  probate  office  within 
the  time  prescribed  by  law. 


CHAP.  LXXXII. 

Resolve  on  the  Petition  of  Turell  Tvfts,  Administrator,  ^c. 
for  permission  to  perpetuate  Evidence  of  Notice  of  the 
sale  of  certain  Real  Estate. 

March  15,  1831. 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
Turell  Tufts  of  Medford,  in  the  county  of  Middlesex, 
administrator  of  the  estate  of  Benjamin  Tufts,  late  ot 
said  Medford,  deceased,  be,  and  he  hereby  is  authorized, 
at  any  time  within  three  months  after  the  passing  of  this 
resolve,  to  make  and  file  in  the  probate  office  of  said 
county,  his  affidavit,  setting  forth  the  time,  place  and 
manner,  in  which  he  gave  notice  of  the  sale  of  certain 
real  estate  of  said  Benjamin  Tufts,  deceased,  situate  in 
said  Medford,  which  the  said  Turell  Tufts  was  licensed 
to  sell  by  virtue  of  an  order  of  the  Honorable  Judge  of 
Probate  of  said  county,  for  the  payment  of  the  just  debts 
of  the  said  deceased,  dated  the  11th  April,  A.D.  1827, 
and  such  affidavit  being  so  filed,  shall  be  evidence  of 
the  time,  place  and  manner,  in  which  such  notice  was 
given,  and  be  as  eflfectual  for  all  purposes  as  if  the  same 
had  been  made  and  filed  in  said  probate  office  within 
the  time  prescribed  by  law. 


PUBLIC  LANDS.  517 

CHAP.  LXXXIIL 

Resolves  respecting  Public  Lands. 
March  15,  183L 

Resolved,  That  the  land  agent  of  this  Commonwealth, 
in  conjunction  with  the  land  agent  of  the  State  of  Maine, 
or  such  other  person  as  may  be  appointed  by  that  State 
for  the  purpose,  be,  and  he  hereby  is  authorized  and 
empowered,  to  survey,  lay  out,  and  make,  a  suitable 
winter  road,  (or  cause  the  same  to  be  done)  from  the 
mouth  of  Metawamkeag,  a  branch  of  the  Penobscot 
River,  in  a  northerly  direction,  so  as  to  strike  the  Aroo- 
stook River,  on  or  near  the  line  dividing  the  sixth  and 
seventh  ranges  of  townships,  and  pay  for  such  portion  of 
said  road  as  passes  over  lands  belonging  to  this  Common- 
wealth, from  the  proceeds  of  the  sales  of  lands,  provided 
it  does  not  exceed  the  sum  of  fifteen  hundred  dollars. 

Resolved,  That  said  agent,  in  conjunction  with  the 
agent  authorized  by  the  State  of  Maine  for  the  purpose, 
be,  and  hereby  is  also  authorized  to  survey,  lay  out, 
and  make  a  winter  road,  (or  cause  the  same  to  be  done) 
from  the  village  in  Houlton  Plantation,  in  a  westerly  di- 
rection, to  intersect  the  road  to  the  Aroostook  River,  at 
some  point  most  convenient  for  travelling,  and  best  for 
the  interest  of  the  States,  and  pay  for  such  portion  of 
said  road  as  passes  over  the  lands  belonging  to  this  Com- 
monwealth, from  the  proceeds  of  the  sales  of  land, 
provided  it  does  not  exceed  the  sum  of  five  hundred 
dollars. 


518  STATE  ARSENAL. 

CHAP.  LXXXIV. 

Resolve  in  favor  of  the  Town  of  Norihbridge. 

March  16,  1831. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
public  treasury,  to  the  town  of  Northbridge,  the  sum  of 
one  hundred  and  twenty  two  dollars  and  ten  cents,  the 
same  being  in  discharge  of  the  account  of  said  town  for 
support  of  State  Paupers,  to  the  12th  of  February,  1831 : 
and  His  Excellency  the  Governor  is  requested  to  draw 
his  warrant  accordingly. 


CHAP.   LXXXV. 

Resolve  relating  to  the  removal  of  the  State  Arsenal,  in  the 
City  of  Boston. 

March  16,  1831. 

Resolved,  That  His  Excellency  the  Governor  be,  and 
he  hereby  is  authorized  to  appoint,  by  and  with  the  ad- 
vice of  Council,  a  Board  of  three  Commissioners,  with 
full  authority  in  behalf  of  the  Commonwealth,  to  make 
an  agreement  with  the  City  Government  of  Boston,  or 
their  agents,  duly  authorized  for  this  purpose,  providing 
for  the  removal  of  the  State  Arsenal  in  said  City,  and 
the  buildings  connected  therewith,  and  for  the  erection, 
instead  thereof,  in  some  other  suitable  place,  of  such 
arsenal,  or  other  buildings,  as  the  public  service  may  re- 
quire :  or  for  the  payment,  by  said  city,  of  a  reasonable 
indemnity  to  the  'sJtate  for  the  removal  thereof:  and  for 
the  release  of  all  the  right  which  the  Commonwealth 
may  have,  to  use  and  occupy  the  land  on  which  the 
same  now  stand,  upon  such  terms  and  conditions  as 
may  be  consistent  with  the  public  interests,  and  just 
and  equitable  under  all  the  circumstances  of  the  case: 


RESOLVE  TO  PAY  STATE  OF  MAINE.    519 

and  with  full  authority  to  make  and  execute  all  deeds 
and  contracts,  and  to  do  all  other  things  requisite  for 
carrying  the  said  agreement  into  effect :  Provided,  how- 
ever, That  such  agreement  shall  not  be  valid,  nor  shall 
any  act  be  done  in  pursuance  thereof,  until  the  same 
shall  have  been  approved  by  the  Governor  by  and  with 
the  consent  of  Council. 


CHAP.  LXXXVI. 

Resolve  relating  to  a  payment  to  the  State  of  Maine,  on 
account  of  their  portion  of  the  Claira  of  the  Common- 
ivealth  of  Massachusetts  against  the  United  States^ 

March  17,  1831. 

Resolved,  That  the  Treasurer  of  this  Commonwealth 
be  and  he  hereby  is  authorized  and  required  to  pay,  to- 
the  State  of  Maine,  one  third  part  of  the  sum  of  four 
hundred  and  nineteen  thousand  seven  hundred  and  for- 
ty-eight dollars  and  twenty-six  cents,  received  from  the 
United  States  on  account  of  the  Claim  of  Massachu- 
setts for  militia  services  rendered  during  the  late  war 
with  Great  Britain,  first  deducting,  from  said  sum  of 
four  hundred  and  nineteen  thousand  seven  hundred  and 
forty-eight  dollars  and  twenty-six  cents,  the  expenses 
incurred  by  this  Commonwealth  in  prosecuting  said 
Claim,  as  nearly  as  said  expenses  can  be  estimated. 
And  His  Excellency  the  Governor,  with  advice  of  the 
Council,  is  hereby  authorized  and  requested  to  draw 
his  warrant  on  the  Treasurer  accordingly. 


520  SETH  AMES. 


CHAP.  LXXXVII. 

Resolve  confirming  certain  Record's  and  Doings  of  the 
Mill  Lane  School  District,  in  the  town  of  Beverly, 

March  17,  1831. 

On  the  petition  of  Ingalls  Kittredge  and  others,  a 
Committee  of  the  Mill  Lane  School  District  in  the 
town  of  Beverly,  praying  that  certain  records  and  do- 
ings of  the  said  School  District  may  be  declared  valid  : 

Resolved,  That,  for  reasons  set  forth  in  said  petition, 
the  proceedings  and  doings  of  the  said  Mill  Lane 
School  District,  at  their  meetings  held,  on  the  eleventh 
day  of  May,  and  on  the  tenth  day  of  Jnne,  in  the  year 
one  thousand  eight  hundred  and  thirty,  be  and  the 
same  are  hereby  confirmed,  and  made  valid  in  law,  in 
all  respects,  notwithstanding  any  irregularity  that  may 
have  occurred  in  the  manner  of  calling  the  said  meet- 
ings. Provided,  That  no  suit  or  suits,  now  pending  be- 
fore any  Justice  of  the  Peace,  or  in  any  Judicial  Court 
of  this  Commonwealth,  shall  be  affected  by  the  passing 
of  this  resolve. 


CHAP.  LXXXVIH. 

Resolve  on  the  Petition  of  Seth  Ames. 

March  17,  1831.       - 

Resolved,  That  for  reasons  set  forth  in  said  petition, 
the  said  Seth  Ames  be,  and  he  hereby  is  authorized  and 
empowered,  as  Administrator  on  the  goods  and  estate 
of  Thomas  Aldritt,  an  alien,  lately  resident  at  Lowell 
in  the  county  of  Middlesex,  to  make  sale  of  any  or  all 
of  the  lands,  tenements  or  hereditaments,  of  which  the 
said  Thomas  Aldritt  died  seized  or  possessed,  within 
this  Commonwealth,  he  the  said  Ames  first  having  ob- 
tained license  therefor,  from  some  Court  of  competent 
authority,  which  license  the  said  Courts  are  hereby  sev- 


J.  SEWALL,  G.  W.  COFFIN.  521 

erally  authorized  to  grant  to  the  said  Scth  Ames,  for  the 
same  causes  and  upon  the  same  terms  as  if  the  said 
Thomas  Aldritt  had  been  a  citizen  of  the  United 
States  :  and  all  the  right,  title,  interest,  claim,  and  es- 
tate of  the  Commonwealth,  in  and  to  all  the  real  es- 
tate aforesaid,  which  the  said  Thomas  Aldritt  had  pur- 
chased in  his  lifetime  is  hereby  released  to  the  said 
Seth  Ames,  as  administrator  as  aforesaid. 


CHAP.  LXXXIX. 

Resolve  in  favor  of  Joseph  Seivall  mid  George  W.   Cof- 
fin, Agents. 

March  17,  1831. 

Resolved,  That  Joseph  Sewall  and  George  W.  Coffin, 
Agents  for  selling  the  Public  Lands  in  the  State  of 
Maine,  be,  and  they  are  hereby  discharged  from  the 
payment  of  the  sum  of  thirty-four  thousand  two  hund- 
dred  and  fifty-three  dollars  and  thirteen  cents,  specified 
in  the  account  presented  to  the  General  Court  the  sec- 
ond day  of  February  A.D.  1831  :  and  the  Governor, 
with  the  advice  of  Council,  is  hereby  requested  to  draw 
his  warrant,  in  favor  of  George  W.  Coffin,  for  the  sum 
of  five  hundred  and  twenty-eight  dollars  and  thirty- 
one  cents,  in  full  discharge  of  the  balance  of  said  ac- 
count. 

68 


522  B.  DREW—PAY  OF  CHAPLAINS. 

CHAP.  XC. 

Resolve  on  the  Petition  of  Benjamin  Drew. 
March  17,  1831. 

On  the  petition  of  Benjamin  Drew,  Coroner  for  the 
county  of  Plymouth,  setting  forth  that  he  examined  and 
caused  to  be  decently  buried  the  body  of  a  stranger 
found  on  Plymouth  Beach  on  the  14th  day  of  August 
last,  and  that,  by  a  defect  in  the  existing  laws,  the 
Treasurer  of  the  Commonwealth  does  not  feel  author- 
ized to  allow  said  Drew's  claim  for  services  thus  ren- 
dered : 

Resolved,  That  there  be  allowed  and  paid,  out  of 
the  Treasury  of  this  Commonwealth,  to  Benjamin 
Drew,  the  sum  of  nine  dollars  and  forty-six  cents,  for 
reasons  above  set  forth  :  and  His  Excellency  the  Gov- 
ernor, with  the  advice  of  the  Council,  is  hereby  author- 
ized and  requested  to  draw  his  warrant  accordingly. 


CHAP.  XCI. 

Resolve  to  Pay  the  Chaplains. 

March  18,  1831. 

Resolved,  That  there  be  allowed  and  paid,  out  of 
the  Treasury  of  this  Commonwealth,  to  the  Rev.  How- 
ard Malcolm,  Chaplain  of  the  Senate,  and  to  the  Rev. 
Joseph  Tuckerman,  Chaplain  of  the  House  of  Repre- 
sentatives, the  sum  of  sixty  dollars  each,  in  considera- 
tion of  their  services  in  that  capacity  :  and  His  Excel- 
lency the  Governor  is  requested  to  draw  his  warrant  on 
"he  Treasurer  accordingly. 


PAY  OF  CLERKS.  523 


CHAP.  XCII. 

Resolve  for  appointing  Commissioners  to  revise  the  exist- 
ing laws  in  relation  to  Debtor  and  Creditor,  and  to  pro- 
vide for  the  equal  distribution  of  the  Estates  of  InsoU 
vent  Debtors. 

March  18,  1831. 

Resolved,  That  His  Excellency  the  Governor,  with  ad- 
vice of  the  Council,  appoint  three  suitable  persons  as 
Commissioners,  to  consider  the  expediency  of  providing 
by  law  for  a  more  equal  and  equitable  distribution  of  the 
estates  of  insolvent  debtors,  for  the  abolishing  of  impris- 
onment for  debt  in  all  proper  cases,  and  for  making  such 
further  revision  in  the  existing  laws  touching  debtor  and 
creditor,  as  the  said  Commissioners  may  deem  expedi- 
ent and  proper,  and  to  report  by  bill  or  otherwise  to  the 
next  General  Court. 


CHAP.  XCIH. 

Resolve  providing  for  the  Pay  of  the  Clerks. 
March  18,  1831. 

Resolved,  That  there  be  paid  out  of  the  Treasury  of 
this  Commonwealth,  to  the  Clerk  of  the  Senate,  eight 
dollars  per  day  ;  to  the  Clerk  of  the  House  of  Represen- 
tatives, ten  dollars  per  day ;  and  to  the  assistant  Clerk 
of  the  Senate,  six  dollars  per  day,  for  each  and  every 
day's  attendance  they  have  been,  or  may  be  employed, 
in  that  capacity,  during  the  present  session  of  the  Legis- 
lature ;  and  that  there  be  further  paid  to  the  Clerk  of 
the  Senate,  and  the  Clerk  of  the  House  of  Representa- 
tives, one  hundred  dollars  each,  for  copying  the  journals 
for  the  library,  as  required  by  the  orders  of  the  two  branch- 
es of  the  Legislature  ;  and  His  Excellency  the  Governor, 


524        WM.  KING— THOMAS  A.  GREENE. 

with  the  advice  of  Council,  is  requested  to  draw  his  war- 
rant accordingly. 


CHAP.  XCIV. 

Resolve  in  favor  of  William  King. 

March  18,  1831. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth,  to  William  King  (to  be 
charged  to  the  account  of  expenses  incurred  in  prose- 
cuting the  claim  against  the  United  States,)  whatever 
sum  (if  any)  the  Governor,  with  the  advice  of  the  Coun- 
cil, shall  deem  reasonable,  for  his  agency  in  obtaining 
said  claim;  and  His  Excellency  the  Governor,  with  the 
advice  of  the  Council,  is  authorized  to  draw  his  warrant 
on  the  Treasurer  for  any  sum  which  they  may  deem 
reasonable  ;  Provided,  that  the  amount  so  paid  shall  not 
exceed,  in  any  event,  the  sum  of  fifteen  hundred  dol- 
lars. 


CHAP.  XCV. 

Resolve  for  paying  Thomas  A.  Greene. 

March  18,  1831. 

Resolved,  That  there  be  paid  out  of  the  treasury  of  this 
Commonwealth,  to  Thomas  A.  Greene,  the  sum  of  nine 
dollars,  in  full  for  his  services  and  expenses  as  a  Com- 
missioner, appointed  to  inquire  into  the  condition  of  the 
banks,  under  a  resolve  of  the  legislature  of  June  last ; 
and  the  Governor  is  authorized,  by  and  with  the  advice 
and  consent  of  the  Council,  to  draw  his  warrant  on 
Ahe  Treasurer  for  the  above  mentioned  sum. 


EDWARD  HOPKINS.  625 

CHAP.  XCVI. 

Resolve  respecting  the  Charity  of  Edward  Hopkins. 
March  18,  1831. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth,  the  sum  of  three  hun- 
dred and  fifty  two  dollars  and  sixty  two  and  an  half  cents, 
said  sum  being  equal  to  one  half  part  of  the  amount  of 
taxes  collected  in  the  town  of  Hopkinton,  under  the  au- 
thority of  the  State,  in  the  years  one  thousand  eight 
hundred  and  twenty  four,  one  thousand  eight  hundred 
and  twenty  nine,  one  thousand  eight  hundred  and  thirty, 
and  to  one  quarter  part  of  the  amount  of  taxes  collected 
by  like  authority,  and  in  the  same  years,  in  the  town  of 
Upton  ;  and  that  such  payment  be  made  to  the  trustees 
of  the  charity  of  Edward  Hopkins. 

Be  it  further  Resolved,  That  there  be  allowed  and 
paid,  out  of  the  Treasury  of  this  Commonwealth,  to  the 
said  trustees,  in  such  years,  and  in  such  years  only,  when 
a  tax  shall  be  assessed  by  the  authority  of  the  State,  one 
half  part  of  the  sum  assessed  and  collected,  annually,  in 
the  town  of  Hopkinton  ;  and  one  quarter  part  of  the  sum 
assessed  and  collected,  annually,  in  the  town  of  Upton, 
in  all  future  years  ;  and  that  His  Excellency  the  Gover- 
nor, by  and  with  the  advice  and  consent  of  the  Council, 
for  the  time  and  being,  be,  and  he  hereby  is  authorized 
and  requested  to  draw  warrants,  from  time  to  time,  pur- 
suant to  this  resolve :  Provided,  always,  that  no  pay- 
ment be  made,  or  warrant  drawn,  until  the  said  trustees 
shall  have  made  and  executed,  in  due  form  of  law,  a  full 
and  complete  release  of  all  claims  and  demands  in  law 
or  equity,  on  this  Commonwealth,  and  all  claims  and  de- 
mands for  rent  against  the  tenants  of  lands,  in  the  town 
of  Hopkinton,  and  against  the  tenants  of  lands  in  Upton, 
whereoi  the  said  trustees  claim  to  be  lessors,  or  succes- 
sors of  lessors:  and  that  such  release  be  executed  in  du- 
plicate, and  one  release  deposited  in  the  office  of  the 
Treasurer,  and  one  in  the  office  of  the  Secretary  of  the 
Commonwealth.     And  provided,  also.  That  the  sum  of 


626  JOHN  V.  LOW— MESSAGE. 

money  paid,  in  virtue  of  this  resolve,  shall  never  exceed, 
in  any  one  year,  the  sum  of  two  hundred  and  twenty  two 
dollars  and  twenty  two  cents. 


CHAP.   XCVH. 

Resolve  in  favor  of  John  V.  Low. 

March  18,  1831. 

Resolved^  That  there  be  allowed  and  paid,  from  the 
Treasury  of  this  Commonwealth,  to  John  V.  Low,  as- 
sistant messenger  to  the  Governor  and  Council,  two  dol- 
lars per  day,  for  each  and  every  day  he  has  been  or  may 
be  employed  in  that  capacity,  during  the  present  session 
of  the  Council;  and  the  Governor,  with  the  advice  of 
Council,  is  authorized  and  requested  to  draw  his  war- 
rant on  the  Treasurer  accordingly. 


CHAP.  XCVIII. 

To  the  Honorable  Senate,  and 

House  of  Representatives. 

1  herewith  transmit  copies  of  Resolutions  of  the  Le- 
gislatures of  the  States  of  Connecticut  and  Vermont  re- 
spectively, on  the  subject  of  certain  proposed  amend- 
ments of  the  Constitution  of  the  United  States,  in  refer- 
ence to  the  election  of  President  and  Vice  President, 
and  the  term  of  their  continuance  in  office. 

These  resolutions  express  a  dissent  to  the  propositions 
of  the  legislatures  of  Missouri  and  Georgia,  so  to  amend 
the  Constitution  as  "  to  provide  a  uniform  mode  of  elect- 
ing the  President  and  Vice  President  throughout  the 
several  States;  and  to  give  the  people  the  privilege  of 
voting  directly  for  the  President  and  Vice  President 


MESSAGE.  627 

without  the  intervention  of  Electors ;  and  that  the  elec- 
tions shall  in  no  case  whatever  be  submitted  to  the 
house  of  representatives  of  the  United  Stales."  The 
Resolutions  of  the  Legislature  of  Vermont  further  de- 
clare a  non  concurrence  with  the  General  Assembly  of 
the  State  of  Louisiana,  in  a  proposition  to  amend  the 
Constitution  "so  as  to  extend  the  term  of  office  of  Pres- 
ident and  Vice  President  to  six  years,  and  to  render  the 
President  ineligible  after  the  first  term." 

I  also  transmit  copies  of  Resolutions  of  the  General 
Assembly  of  the  State  of  Louisiana,  affirming  and  sus- 
taining the  constitutionality  and  expediency  of  the  Ta- 
riff of  1828,  and  declaring  that  the  State  has  suffered  no 
injury  therefrom,  and  that  the  same  is  harmless  to  the 
southern  States. 

These  Documents  were  received  by  me  during  the 
recess,  and  are  now  laid  before  you  in  compliance  with 
the  requests,  severally,  which  accompany  the  Resolu- 
tions, 

LEVI  LINCOLN. 
Council  Chamber,  January  10,  183K 


CHAP.  XCIX. 

To  the  Honorable  Senate,  and 

House  of  Representatives. 

I  deeply  regret  the  occasion  to  inform  the  Legislature, 
that  Major  General  Cromwell  Washburn,  of  the  fifth  di- 
vision of  Militia,  has  been  constrained,  by  ill  health,  to 
tender  a  resignation  of  his  office,  which  has  been  accept- 
ed, and  he  thereupon  honorably  discharged.  By  the 
Constitution,  it  now  awaits  the  pleasure  of  the  two 
branches  to  fill  the  vacancy  in  that  command. 

LEVI  LINCOLN. 

Council  Chamber,  January  10,  1831. 

Note.    The  Messages  of  January  10  were  omitted  in  course,  and  are  there- 
fore placed  as  the  concluding  Chapters. 


(2roinmontpealtfj  of  l^aj^^^ficlju^ettj^. 


Treasury  Office,  February  9th,  1831. 

The  Treasurer  having  examined  and  adjusted  the  ac- 
counts presented  to  him,  asks  leave  to  Report,  That 
there  is  due  to  the  several  persons  enumerated  on  the 
following  Roll,  the  sums  set  against  their  names  respec- 
tively, which,  when  allowed  and  paid,  will  be  in  full  dis- 
charge of  said  accounts  to  the  dates  therein  mentioned. 

He  asks  leave  further  to  Report,  That  an  account 
was  presented  by  Benjamin  Drew,  Coroner,  for  "  ser- 
vices as  Coroner  on  the  dead  body  of  a  man  found  on 
Plymouth  Beach.^^  The  case  not  requiring  an  inquisi- 
tion, and  there  being  no,  provision  by  law  for  the  pay- 
ment of  charges  in  such  a  case,  the  account  is  not 
allowed. 

All  which  is  respectfully  submitted, 

JOSEPH  SEWALL,  Treasurer. 

To  the  Honorable  Senate,  and 

House  of  Representatives.  -  ■  _ 


PRINTERS'  ACCOUNTS.  629 


ROLL  of  ACCOUNTS  (No,  1 J  Audited  by  the  Treas- 
urer of  the  Commonwealth^  and  reported  February  dth, 
1831. 


PRINTERS. 

Atwill   &  Turner,  advertising   Constitutional 

Amendments,  ^  7  00 

Allen,  Phineas  &.  Son,  publishing  Laws  to  Dec. 

31,  1830,  and  Constitutional  Amendments,         24  67 

Atwill,    Herman,    advertising    Constitutional 

Amendnjents,  7  00 

Adams  &  Hudson,  for  newspapers  to  Februa- 
ry 9th,  1831,  124  59 

Deals  &L  Homer,  for  newspapers  supplied  to 

February  9,  1831,  58  84 

Ballard  &  Co.,  for  newspapers  and  advertis- 
ing to  February  9,  1831,  128  97 

Buckingham,  Joseph  T.,  for  newspapers  to 

February  9,  1831,  162  17 

Badger  &  Porter,  for  newspapers  to  February 

8th,  1831,  110  00 

Boston  Press,  proprietors   of,   for   papers  to 

February  10,  1831,  28  67 

Congdon,  B.  T.,  publishing  Laws  to  Decem- 
ber 31,  1830,  and  Constitutional  Amend- 
ments, 25  00 

Clapp,  W.  W.,  publishing  Laws  for  1830,  and 

papers  supplied  to  February  5,  1831,  61   07 

Carter,  Hendee  k.  Babcock,  for  papers  to  Feb- 
ruary 12,  1831,  71  67 

Danforth,  Allen,  publishing  Laws  to  May,  1 830, 

and  Constitutional  Amendments,  25  00 

Danforth  &  Thurber,         do.         do.         do.         25  00 

Dutton    &  Wentworth,  printing  for 

Legislature,  916  85 

do.         do.       Secretary,  306  86 

do.         do.        Treasurer,  23  71 

do.         do.       Adjutant  General,  5-il  92 


1789  34 


69 


530  PRINTERS'   ACCOUNTS. 

Eldridge,  John  B.,   publishing  Laws  for  the 

year  1829— '30,  16  67 

Farmer,  Jedediah,  publishing  Laws  for  1830, 

and  Constitutional  Amendments,  25  00 

Foote  &  Brown,  publishing  Laws  for  1830, 
and  Constitutional  Amendments  and  Proc- 
lamation, 29  66 

Grout,  Moses  W.,  for  publishing  Laws  to  June 

1830,  and  Constitutional  Amendments,  25  00 
Greene,  vSarauel  D.,  advertising  Anaendments, 

and  for  newspapers  to  February  9,  1831.  24  00 

Garrison  &  Knapp,  for  papers  to  February  12, 

1831,  1  68 
Hale,  Nathan,  for  papers  to  February  9,  1831, 

and  advertising,  138  52 

Hill,  F.  S.  for  papers  supplied  to  February  9, 

and  12,  1831,  Galaxy  and  Commentator,  77  54 

Ives,  W.  fc  S.  B.,  publishing  Laws  to  May  1, 

1830,  and  Constitutional  Amendments,  26  67 

Judd,  Sylvester,  publishing  Laws  for  the  year 

f 829— '30,  •  16  66 

Kingman,  E.,  for  papers  to  February  9,  1831,  63  96 
Lindsay,  B.  &  Son,  publishing  Constitutional 

Amendments,  8  33 

Lummus,  Aaron,  advertising  Amendments,  and 

newspapers  supplied  to  February  9,  1831,  16  11 

Mann,  H.  &  VV.  H.,  publishing  Laws  for  1830, 

and  Constitutional  Amendments,  24  67 

Nichols,  William,  advertising  Amendments,  and 

for  newspapers  to  February  12,  1831,  30  26 

Palfrey,  Warwick  jr.,  publishing  Laws  1  year 

to  June  1,  lt330,  Constitutional  Amendments, 

and  printing  and  publishing  Proclamation,  35  66 

Phelps  &  Ingersoll,  publishing  Laws  to  Decem- 
ber 31,  1830,  16  67 
Rawson,  Alonzo,  publishing  Laws  for.  the  year 

1830,  16  67 
Reed,  David,  for  papers  to  February  9,  1831,  20  19 
Russell,  John  B.,  for  papers  to  February  12, 

1831,  '  81  46 
Stacy    &   Rogers,    publishing    Constitutional 

Amendments,  8  S3 

Snow,  Josiah,  publishing  Laws  for  1830,  16  67 


MISCELLANEOUS   ACCOUNTS.         531 


True  &  Greene,  newspapers  to  February  9, 
1831,  and  advertising  Constitutional  Amend- 
ments, 

Thayer,  A.  W.,  Dublisbing  Laws  to  June  1, 
1830, 

Wheildon,  W.  W.,  publishing  Laws  to  June, 
1830, 

Wilhs  &  Rand,  newspapers  to  February  10, 
1831,      • 


89 

76 

16  67 

16 

66 

35 

60 

P,528  06 


MISCELLANEOUS  ACCOUNTS. 

Adams,  W.  &  G.  W.,  repairs  about  the   State 

House  to  January  31,  1831,  26  88 

Allen,  Andrew  J.,  stationary  for  the  Secretary,       11  57 
Boston,  city  of,  repairs  of  buildings  on  Rains- 
ford's  Island  to  January  24,  1831,  478  20 
Bradlee,  Samuel  &  Son,  hardware  for  repairs 

on  State  House  to  January  13,  1831,  21  72 

Blaney,  Henry,  for  repairs  on  State  House  to 

January  18,  1831,  97  62 

Ballard  &  Prince,  carpeting,  &c.  for  ditto,  121  83 

Burditt,  James  W.,  for  stationary  to  January 
17,  1831,  viz: 

Legislature,  230  32 

Secretary,  48  84 

Library,  12  46 

Adjutant  General,       13  21 


304  83 
Carter  &  Hendee,  Blank  Books  for  Adjutant 

General,  188  50 

Commissioners  for  examining  Treasurer's  Ac- 
counts, viz  : 

Thomas  Motley,  14  00 

Robert  Rantoul,  14  00 

Samuel  Austin,  jr.,      14  00 

42  00 


532 


SHERIFFS. 


French,  Charles  D.,  for  copy  of  the  Census,  5  00 

Gore  &  Baker,  painting,  &c.   in   the   State 

House,  112  16 

Hilhard,  Gray  &  Co.,  labelhng  military  books 

for  the  Adjutant  General,  12  37 

Jones  &  Co.,  Execution  for  costs  in  the  case 

of  Sewall,  Treasurer,  vs.  Jones  &  Co.,  71  29 

Leverett  &  Johnson,  penknives  for  Treasury 

Office,  2  00 

Morse,  Moses  L.  &  Co.,  penknives  for  the  Gov- 
ernor and  Council,  7  00 

Oliver,  John,  keeper  of  Rainsford's  Island,  for 

annual  allowance,  including  wood,  104  44 

Pollard,  Thomas,  repairing  water  closets,  193  29 

Pickering,  Octavius,  for  certified  copy  of  opin- 
ion of  S.  J.  Court  in  the  case  of  Sewall, 
Treasurer,  vs.  Jones  &  Co.,  1  50 

Snelling,  Enoch  H.,  for  glazing  in  the  State 

House,  51  80 

Wheeler,  John  H.,  for  repairs,  &c.  on  the  State 

House  to  January  18,  1831,  548  70 


;^2,402  70 


SHERIFFS. 


Bartlett,  Bailey,  Estate  of,  for  returning  votes, 
Gardner,  Uriah,  for  returning  votes, 
Hayward,  Nathan,  for  returning  votes, 
Hoyt,  Epaphras,  for  returning  votes, 
Lyman  Joseph,  for  returning  votes, 
Leonard,  Horatio,  for  returning  votes, 
Pease,  Isaiah  D.,  for  returning  votes, 
Sprague,  Joseph  E.,  for  returning  votes, 
Willard,  Calvin,  for  returning  votes. 


9 

10 

21 

60 

13  34 

17 

00 

25 

00 

28 

30 

17 

00 

15 

30 

.  10  50 

;^157  14 


CORONERS— AGGREGATE.     533 


CORONERS. 


Day,  Jonathan,  charges  of  Inquisition, 
Harback,  Thomas,  charges  of  Inquisition, 
Kempton,  Ephraim,  charges  of  Inquisition, 
Kellog,  John,  charges  of  Inquisition, 
Marshall,  Luther,  charges  of  Inquisition, 
Needham,  Thomas,  charges  of  4  Inquisitions, 
Richardson,  Henry,  charges  of  Inquisition, 
Snow,  Prince,  charges  of  3  Inquisitions, 


8 

81 

7 

73 

14 

37 

12 

40 

7 

40 

29 

60 

12  99 

31 

64 

^124  94 


AGGREGATE. 


Printers'  Accounts,  ;$f3,528  06" 

Miscellaneous  Accounts,  2,402  70 

Sheriffs'  Accounts,  157  14 

Coroners'  Accounts,  124  94 

Total,  ;$f6,212  84 


eommontoeaUlj  of  M^^^^ti)nmtt^. 


In  the  year  of  our  Lord,  one  thousand,  eight  hundred, 
and  thirty  one. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  Treasury,  to  the  several  persons  named  in  the 
foregoing  Roll,  the  sums  set  against  their  names  respec- 
tively, amounting  in  the  whole  to  the  sum  of  six  thou- 
sand two  hundred  and  twelve  dollars  and  eighty  four 
cents,  the  same  being  in  full  discharge  of  all  the  ac- 
counts and  demands  to  which  they  refer. 

Jn  Senate,  February  19,  1831. — Read  twice  and  passed. 

Sent  down  for  concurrence. 

SAMUEL   LATHROP,  President. 

In  House  of  Representatives,  February  23, 1831. — Read 
twice  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker. 

February  23,  USl. 

Approved, 

LEVI  LINCOLN. 


ROLL,  No.  104... JAN.  1831. 


The  Committee  on  Accounts,  having  examined  the 
several  accounts  for  support  of  State  Paupers,  and  the 
accounts  for  MiUtia  services,  presented  to  them,  Re- 
port, 

That  there  are  due  to  the  several  Corporations  and 
persons  hereinafter  mentioned,  the  sums  set  to  their 
names  respectively,  which,  when  allowed  and  paid, 
will  be  in  full  discharge  of  said  accounts,  to  the  dates 
therein  mentioned. 

By  order  of  the  said  Committee, 

E.  HOY'J\  Chairman. 


PAUPER  ACCOUNTS. 

Amherst,  for  support  of  Jane  and  Polly  Rich- 
ardson, to  Jan.  1,  1831.  $US  88 

Andoyer,  for  support  of  Sukey  Hornsby,  Han- 
nah Highland,  Lavina  Bean,  and  the  follow- 
ing children,  viz.  James  Monroe,  Lavina 
and  Eleanor  Bean,  Martin  Wright,  Peter 
Sigourney  ;  also  John  Wilson,  John  Mal- 
awney,  WilHam  Maiawney,  a  child,  and  sup- 
plies to  wife  of  Peter  Sigourney,  Rosan- 
na  Coburn,  Dinah  Chadwick,  and  funeral 
expenses  of  Sigourney's  wife,  to  Jan.  1, 
1831.  229  36 

Adams,  for  support  of  Chester  Dean,  Phila 
Hill,  Robert  Adams,  Sarah  Goodrich,  Sa- 


B'3G  PAUPER  ACCOUNTS. 

rah  Dodge,  Agnes  Mores,  Mary  Rice,  Rob- 
ert Harris,  to  Jan.  11,  1831.  188  80 

Ashby,  for  support  of  John  Alexander  and 
Charles  Edward  McRoberts,  children,  to 
Jan,  1,  1831.  52  00 

Abington,  for  support  of  Margaret  Jack,  An- 
tonio Julio,  Josiah  Thompson,  and  David 
Gurney,  to  Feb.  2,  1831.  84  07 

Alford,  for  support  of  Minerva  Smith,  William  j  y- 
Golburn,   and  Henrietta,   a  black  child,  to  ^ 
Jan.  1,  1831.  51  64 

Amesbury,  for  support  of  Moses  P.  Bigford, 
till  his  death,  Eunice  Bigford,  Moses,  Hen- 
ry and  John,  children  of  said  Moses  and 
Eunice  Bigford,  Joseph,  Lyman,  George 
and  Joshua,  children  of  Mary  Haley,  James 
Standring,  Robert  Baker  and  Mary  Haley, 
to  Jan.  2,  1831.  139  48 

Attleborough,  for  support  of  Thomas  Riley, 
Mary  Montgomery,  Ann  Brumley,  and  her 
four  children,  Susan  Wales,  Henry  Deer- 
field,  Thaddeus  Perkins  till  his  death,  John 
Rider,  Robert  Carson,  till  his  death,  John 
Montgomery,  Bridget  Montgomery,  John 
Read,  a  child,  Ephraim  Davenport,  to  Jan. 
1,  1831.  340  14 

Ashburnham,  for  support  of  Mrs.  Stinegar, 
William  Stinegar  and  Hiram  Stinegar,  to 
Jan.  19,  1831.  119  60 

Belchertown,  for  support  of  Margaret  Carrell, 
Elscy  Carrell,  John  Carrell,  Thomas  Mc- 
Kan,  Betsy  McKan,  Hannah  Levens  and 
Susanna  Mclntire,  to  Jan.  1,  1831.  70  59 

Bristol,  County  of,  for  support  of  sundry  pau- 
pers in  the  House  of  Correction,  to  Nov. 
25,  1829.  65  19 

Beverly,  for  support  of  Dolly  Claxton,  Cath- 
arine Cameron,  Simeon  Lee,  Martin  Joy, 
Margaret  Joy,  Harriet  Cameron,  John  O'-  . 
Donncll,  Eliza  O'Donncl,  and  the  follow- 
ing children,  viz.  Joseph,  Benjamin  and 
Martha  Cameron,  and  Henry  O'Donnell,  to 
Jan.  1,  1831.  124-38 


Pauper  accounts.  537 

Becket,  for  support  of  Elizabeth  Hamlin,  Ma- 
ria Parker  and  her  child,  to  Jan.  3,  1831.  72  94 

Barnstable,  for  support  of  John  Robinson,  to 

Jan.  6,  1831.  28  80 

Brighton,  for   support  of  John  J.  Baker,  to 

Dec.  1,  1830.  41  91 

Bradford,  for  support  of  Sarah  Kenny,  to  Nov. 

5,  1830.  44  45 

Brookline,  for  support  of  Ann  Potter's  child, 

to  May  31,  1830.  62  00 

Brookfield,  for  support  of  Wyman  and  Sarah 
Adams,  and  their  daughter  Sarah,  to  Jan. 
1,1831.  115  65 

Boston,  for  support  of  sundry   paupers  in  the 

House  of  Industry,  to  Jan.  1,  1831.  7,214  84 

Boston,  for  support  of  sundry  paupers,  sup- 
phes  furnished  for  Alms  House,  Sec,  to 
Jan.  1,  1831.  1,595  76 

Boston,  for  support  of  sundry  paupers  in   the 

House  of  Reformation,  to  Jan.  1,  1831.  462  43 

County  of  Suffolk,  for  support  of  sundry  pau- 
pers in  the  House  of  Correction,  to  June  30, 
1830.  To  Sept.  30,  1830.  To  Dec.  30,1830.  1,125  99 

Burlington,  for   support  of  John   A.  Pashoe 

and  Venus  Rowe,  to  Jan.  28,  1831.  '93  60 

Brimfield,  for  support  of  Mary  Paine  and  her 
son,  Geo.  W.  Paine,  John  Shelburne, 
Thomas  Carlin  and  James  Hunter,  to  Jan. 
1,  1831.  175  67. 

Barre,  for  support  of  Dinah  Barker,  Andrew 
Naven,  Jane  Naven,  and  James  Davis,  jr. 
a  child,  to  Jan.  25,  1831.  57  10 

Berkley,  for  support  of  Jacob  Toney,  till  his 
death,  Mary  Lindell,  James  Cudley,  to 
Jan.  1,  1831.  151    10 

Bridgewater,  for  support  of  John  Chesnut  and 
wife.    Amy   Ward,    Samuel,    child  of   said  // 
Amy,  and  Rachel,  a  colored  woman,  to  Jan.  '^^ 
28,  1831.  143  50 

Braintree,  for  support  of  Christopher  Joseph, 
Titus,  a  colored  man,   and   three  children  ]/  ' 
of  Mrs.  Gaweth,   (Joseph,  Mary  and  Ann,) 
to  Jan.  1,  1831.  171  60 

70 


538  PAUPER  ACCOUNTS. 

Conway,  for  support  of  Sally  McMurphy  and 

Hannah  Hall,  to  Jan.  1,  1831.  85  11 

Chester,   for   support  of  Jenny   Hardy,  Benj. 

Powers  and  Ann  Butolph,  to  Jan.  3,  J  831.  83  70 

Cheshire,  for  support  of  Ephraim  Richardson, 
Noel  Randall,  Polly  Cooper,  Molly  Dimond, 
Levi  Peirce,  and  Ebenr.  Lilly,  to  Jan.  9, 
1831.  160  20 

Colraine,  for  support  of  Peter  R.  Hart  till  his 
death,  Betsy  Hart  and  her  three  children, 
Kate  Vanvoltenburg,  Lucy  Freeman,  John 
and  Lucy,  children  of  said  Lucy,  and  Ste- 
phen Hart,  a  child,  to  Jan.  3,  1831.  192  80 

Charlestown,  for  support  of  sundry  paupers, 
to  Jan.  12,  1831.  3,480  45 

County  of  Essex,  for  support  of  sundry  pau- 
pers in  the  House  of  Correction,  to  Dec. 
28,  1830.  874  73 

Clarksburg,  for  support  of  James  Cook,  Lov- 
el  Hill,  Naomi  Hill,  Melvira  Hill,  William 
Hill,  and  Caroline  Hill,  (the  three  last  chil- 
dren,) to  Jan.  10,  1831.  134  40 

Cambridge,  for  support  of  sundry  paupers,  to 
Jan.  27,  1831.  3,783  94 

Canton,  for  support  of  Alida  Harrington, 
Richard  Harrington,  Mathew  Gaffany,  Han- 
nah Buckley,  and  Bridget  Gaffany,  to  Feb. 
1,  1831.  61  18 

Chelsea,  for  support  of  Betsey  Jones,  John 
Edward  Jordan,  Thomas  Mvers  and  Wm. 
Brown,  to  Jan.  7,  1831.         '  89  15 

Charlton,  for  support  of  Robert  Bennett,  Cath- 
arine Green,  and  her  child,  Eliza  Wheeler 
and  her  two  children,  to  June  1,  1830.  47  04 

Carver,  for  support  of  Martin  Grady,  to  Jan. 

1,  1831.  46  80 

Chehnsford,  for  support  of  Joanna  McLane, 
and  Phillis  Read  till  his  death,  to  Jan.  1, 
1831.  53  60 

Dudley,  for  support  of  Allsbury  Reynolds,  Sa- 
rah Reynolds,  till  her  death,  Martha  Bent, 
alias  Babcock  and  her  child  till  its  death, 
Sarah  Wilson,  to  Jan.  12,  1831.  106  60 


PAUPER  ACCOUNTS.  539 

Dartmouth,  for  support  of  Marshall  Howard 
till  his  death,  James  Jenkins  and  Samuel 
Blanding,  to  Jan.  1,  1831.  33  17 

Deerfield,  for  support  of  Thomas  Sowerby 
and  wife,  Lavina  VVithcrell  and  Prince 
Emanuel,  to  Jan.  1,  1831.  76  38 

Davis,  Henry,  for  supplies  to  Dudley  Indians, 

to  Jan.  I,'l831.  101  46 

Dedham,  for  support  of  Paul  Cain,  an  un- 
known female,  Robin  Clue,  Abraham  Dar- 
ling, Diana  Decatur,  Jacob  Tucro  and  wife, 
Francis  Davenhowed  and  wife,  Mary  Mack, 
and  her  two  children,  Mary  and  Bridget, 
Fanny  Frost,  and  the  following  children, 
viz.  Elizabeth  Diana  Decatur,  Jacob  Tu- 
cro, Mary  Tucro,  Catharine,  Mary,  Jacob, 
Francis,  and  Caroline  Davenhowed,  and 
George  Frost,  to  Jan.  1,  1831.  212  29 

Dracut,  for  support  of  Moses  Freeman,  the 
wife  and  seven  children  of  Robert  Cashley, 
wife  and  two  children  of  Edward  Reed,  the 
wife  and  two  children  of  James  Finaughty, 
Abigail  Townsend  and  Thomas  Jones,  to 
Jan.  24,  1831.  336  76 

Dover,  for  support  of  Margaret  Guardian  and 

child,  to  Jan.  26,  1829.  4  20 

Danvers,  for  support  of  Owen  Millen,  John 
Fitzgerald,  Cesar  Wilcox,  James  Wallace, 
Morice  Foley,  John  Henley,  Joel  Wesson, 
Matthew  Fairservice,  Michael  Griffin,  Peter 
Cunningham,  Andrew  Cummings,  Edward 
Lanigar,  Ira  Hammond  and  wife,  Joseph 
Currier,  James  McDonough,  Charlotte  Mc- 
Donough,  David  Welsh  and  wife,  Jane 
Richardson,  to  Jan.  27,  1831.  469  91 

Dorchester,  for  support  of  Mary  Child,  Benj. 
W.  Child,  Widow  Burgin,  and  burial  of 
Lewis  Taylor  and  Henry  Bacon,  to  Jan.  1, 
1831.  22  90 

Duxbury,  for  support  of  Lydia  Dace,  to  Feb. 

15,  1831.  46  80 

Dalton,  for  support  of  Rachel  Hoose,  Mary 

Hoose,  and  Charles  McKee,  to  Jan.  1,  1831.       73  60 


540  PAUPER  ACCOUNTS. 

Dighton,  for  support  of  Molly  Fish,  to  Feb.  1, 

1831,  31  60 

Enfield,  for  support  of  Deborah  Butterworth, 

and  Diana  liosworth;  to  Jan.  1,  1831.  139  60 

Eastham,  for  support  of  B.  F.  Johnson,  to  Jan. 

1,  1831.  46  80 

Edgartown,  for  support  of  Emanuel  Salvers  till 

his  death.  19  77 

Egremont,  for  support  of  Betsy  Daly,  Isaac 
Freeman,  Rosanna  Van  Guelder,  Reuben 
Van  Guelder,  Andrew  McCarron,  Peggy 
McCarron,  and  the  following  children  :  Wil- 
liam and  Nancy  Race,  and  George  Augustus 
Kline.  Also  Delia  Fairbanks,  to  Jan.  14, 
1831.  367  64 

Easthampton,  for  support  of  Submit  Bailey,  and 
his  two  children,  Ozias  and  Charles,  to  Jan. 

8,  1831.  98  80 
East  Bridgewater,  for  support  of  Lucinda  Ne- 
ro, Betsy  Chase,  Nathaniel  Lawrence,  Eli- 

hu  Stevens,  Robert  Seaver,  Asa  Mingals, 
Samuel  Wood,  Meribah  Williams  and  her 
two  children,  and  the  wife  and  three  chil- 
dren of  Joseph  S.  Perry,  to  Jan.  13,  1831.       349  80 

Essex,  for  support  of  Samuel  Coleman,  to  Jan. 

1,  1831.  61  30 

East  Sudbury,  for  support  of  David  Curtis,  to 

Feb.  10,  1830.  87  SO 

Foxborough,  for  support  of  Caroline  G.  Howe, 

Susan  Rider  and  John  Rider,  to  Jan.  1,  1831.       69  78 

Falmouth,  for  support  of  Edward  Edwards, 

and  funeral  expenses,  to  Dec.  10,  1830.  46  66 

Fairhaven,  for  support  of  Akas  Sisson,  till  his 
death,  John  Bisemon,  till  his  death,  Philip 
Wing,  till  his  death,  John  Queen,  Patrina 
Milday,  William  Wilson,  Margaret  Wilson, 
Sarah  Carr,  John  Carr,  a  child,  John  Cow- 
ley, Lawrence  Hacker,  to  Jan.  1,  1831.  350  86 

Framingham,  for  support  of  George  Turner, 
Daniel  Campbell  and  Phebe  Blake,  to  Jan. 

9,  1831.  76  53 
Gill,  for  support  of  Mary  Lawson,  to  Jan.  1, 

183L  75  60 


PAUPER  ACCOUNTS.  541 

Great  Barrington,for  support  of  JoannaPorter, 
Lucy  Porter,  Peter  Smith,  Sarah  Smith, 
Edward  Wells,  a  child,  Amarilla  Wells,  do., 
Daniel  Lynch,  Hannah  Williams,  Chauncey 
Williams,  a  child,  Chester  Williams,  do., 
Christopher  Williams,  do.,  Mary  Williams, 
do.,  Mary  Ann  Hutchinson,  John  McGeorge, 
Maria  Rogers,  a  child,  Henry  Eaton,  do., 
Cornelius  Williams,  do.,  Elisha  J.  Williams, 
do.,  Sarah  M.Williams,  do.,  to  Jan.  5,  1831,     218  73 

Gloucester,  for  support  of  Elizabeth  Dowsett, 
Anna  Youling,  Elizabeth  Dade,  Betsey  Lang, 
Leah  Francis,  Lydia  Witham,  John  Shaftoe, 
William  Presso,  Samuel  Youling,  Mark 
Grimes,  Benjamin  Laroque,  George  Gard- 
ner, Charles  Tolman,  Jane  Babylon,  and 
burial  of  James  Hammond,  to  Jan.  12,  1831,     432  50 

Greenfield,  for  support  of  Olive  Bates'  child, 
Eliza  Goland's  child,  Asahel  Booth's  child, 
Samuel  Freeman,  wife  and  two  children, 
Abigail  Hastings,  alias  Abigail  Taggart,  and 
Olive  Bates,  to  Jan.  1,  1831.  89  94 

Groton,  for  support  of  Richard  Brenton,  Eu- 
nice Benteradt,  Molly  Rolfe,  David  Blair, 
and  Margaret  Butler,  to  Jan.  10,  1831.  117  77 

Granville,  for  support  of  Mary  Barden,  Sally 
Stuart,  Samuel  Gallup,  till  his  death,  and 
Freeman  Powers,  till  his  death,  to  Jan.  26, 
1831.  102  96 

Grafton,  for  support  of  Joseph  Phillips,  till  his 
death,  Stephen  Phillips,  Francis  L.  Whitta- 
ker,  John  Currier,  to  Jan.  27,  183L  76  03 

Hadley,  for  support  of  Rebecca  Allen,  to  Jan. 

1,  1831.  46  80 

Harwich,  for  support  of  James  Robertson,  to 

Jan.  1,  1831.  43  59 

Hancock,  for  support  of  Silas  Shipman  and 
wife,  Israel  Clark  and  wife,  John  H.  North, 
a  child,  and  Mary  Clerk,  to  Jan.  1,  183L         198  87 

Holliston,   for  support  of  Henry  Burley  and 

John  B.  Ford,  to  Jan.  10,  1831.  57  60 

Hubbardston,  for  support  of  Daniel  Mundel,  to 
Jan.  1,  1831.  27  52 


642  PAUPER  ACCOUNTS. 

Hanover,  for  support  of  Hannah  Long  and 

Charles  Kenny,  to  Jan.  3,  1831.  61   90 

Hingham,  for  support  of  Lee  Shaw,  to  Jan.  4, 

183L  29  70 

Hanson,  for  support  of  Betty  Joel,  to  Jan.  1, 

1831.  93  60 

Haverhill,  for  support  of  J.  Q.  Adams,  alias 
Elisha  T.  Currier  (a  foundling  child),  Anna 
Copp,  Mary  Thompson,  till  her  death,  Mary 
McGary,  John  Kelly,  till  his  death,  to  Jan. 
1,  1831.  86  86 

Harvard,  for  support  of  William  Shearer,  to 

March  10,  1830.  32  40 

Ipswich,  for  support  of  John  O'Brien,  Thomas 
Powers,  Bridget  Brooks  and  her  two  chil- 
dren, John  Cascley,  Luke  Weems,  Alia 
Weems,  Bridget  Cook  and  child,  Richard 
Powers,  and  Francis  Lord,  to  Feb.  1,  1831,      187  29 

Kingston,  for  support  of  Sophia  Holmes,  Emi- 
ly Holmes,  a  child,  and  amount  of  short  al- 
lowance in  accountof  1829,  to  Jan.  1,  1831.       82  09 

Longmeadow,  for  support  of  Rachel  Parker, 
Tabitha  Hall,  and  Henry  Hall,  a  child,  to 
Jan.  1,  1831.  16  60 

Lee,  for  support  of  Sarah  Ross,  John  Marble 
and  wife,  Jeffry  Tucker,  a  child,  Amos 
Moore,  Dan  Leander  Quigley,  a  child,  Wil- 
liam Quigley,  a  child,  John  Somers  and 
wife,  Fanny  Ward  and  Joel  Lilly,  to  Jan  5, 
1831.  122  48 

Lanesborough,for  support  of  Eunice  Foot,  Lu- 
cy W.  Goman,  Mary  Squires,  Amos  Dodge, 
Mary  Dodge,  Amelia  Bennett,  Mary  Van- 
sickle,  Lucy  Carmean,  till  her  death,  and  the 
following  children: — Rufus,  Louisa,  John, 
and  Lucinda  Dodge,  Amanda  Lane,  John 
Stanbrough,  Harriet  Stanbrough,  and  Jere- 
miah Muibuffer,  an  adult,  to  Jan.  4,  1831.        374  01 

Leverett,  for  support  of  John  Gawney,  to  Jan. 

1,  1831.  46  80 

Leyden,  for  support  of  Arnold  Clark,  Tacy 
Clark,  Ruth  Abel,  Joseph  Abel,  Hannah 
Cole,  Jane  Colon,  a  child,  Catharine  Booth, 


PAUPER  ACCOUNTS.  643 

and  her  three  infant  children,  Phillis  Young, 

to  Jan.  7,  1831.  242  70 

Lenox,  for  support  of  Moses  McGraw,  Sam'l 
Bord,  Dayton  Fuller,  Sam'l  Bell,  Catharine 
Hou^h,  a  child,  Lucinda  Hurlbut,  do.,  Sam- 
uel J;ickson,  do.,  Dayton  Fuller,  jr.,  do., 
Lester  Fuller,  do.,  Erastus  Fuller,  do.,  Jane 
Austin,  Edward  Hurlbut,  to  Jan.  2,  1831.         274  83 

Littleton,  for  support  of  Joseph  Davenport  and 

John  Putnam,  to  Aug.  5,  1830.  136  80 

Ludlow,  for  support  of  Thomas  Brainard,  Har- 
vey Olds,  Gilbert  Richardson,  and  wife  and 
three  children,  viz  :  Delia,  Mary  and  Azel, 
to  Jan. 1, 1831.  108  64 

Lynn,  for  support  of  John  Battis,  John  Chris- 
tian, Lemuel  G.  Smith,  John  Ryan,  Rebecca 
Ross,  and  her  three  children,  William,  Wal- 
ter and  Rebecca,  Thomas  Curtis,  Mrs.  Car- 
roll, Donald  McDonald,  till  his  death,  Geo. 
M.  Cogswell,  child,  Mary  Richards  and 
James  Proctor,  to  Feb.  3,  1831.  ,  216  42 

Lowell,  for  support  of  Brian  Glian,  William 
and  James  Redman,  children,  Thomas  Red- 
man, till  his  death,  Fanny  Easlman,  till  her 
death,  Nancy  Jane  Moody,  Philena  Haskins, 
Fanny  Chism,  and  her  two  children,  J.  Har- 
vey, Margaret  Fielding  and  child,  (the  lat- 
ter till  its  death)  Margaret  Donoiion,  Samuel 
Bagley,  Timothy  O'Connell,  William  Mc- 
Mellan,  to  Feb.  1,  1831.  223  30 

Leicester,  for  support  of  Thomas  Waters,  Ma- 
ry Davis,  Mary  Davis,  a  child,  Richard  Da- 
vis, do.,  and  supplies  to  children  of  Rolin 
Cobb,  to  Jan.  1,  1831.  131   67 

Lancaster,  for  support  of  William  Shearer,  to 

Jan.  4,  1831.  39  60 

Methuen,  for  support  of  William  and  Mary  Ann 

Richards,  to  Jan.  1,  1831.  104  00 

Montgomery,  for  support  of  Willard  Convers 

and  Hannah  Bohan,  to  Jan,  1,  1831.  55  OS 

Monson,  for  support  of  Mary  Allen,  Flora  Sto- 
ry, Roxana  Wallis,  Benjamin  Wallis,  a  child, 
Dickinson  Wallis,  do.,  Hannah  Brown,  Ma- 


644  PAUPER  ACCOUNTS. 

rilla  Mclntire,  and  her  three  children,  Lu- 

cinda,  Darius  and  Rufus,  to  Jan.  1,  1831.         225  46 

Marlborough,  for  support  of  Dennis  Flood,  and 

Thomas'Cook,  till  his  death,  to  Jan.  1,  1831.        27  50 

Mount  Washington,  for  support  of  Peggy  Win- 
chell,  Henry  Tyler  and  Robert  Baker,  to 
Jan.  5,  1831.  65  38 

Manchester,  for  support  of  Mary  Ann  Wheaton, 
and  her  two  children,  William  and  Joseph, 
to  Jan  3,  1831.  42  00 

Montague,  for  support  of  Anna  Sinclair,  to 

Jan.  4,  1831.  75  60 

Medford,  for  support  of  Kendrick  Miller,  Pe- 
ter Olary,  Ellen  O.  Foley,  Elizabeth  Foley, 
a  child,  Cornelius  Caramel,  Samuel  Walton, 
wife  and  three  children,  William  McDon- 
ough,  Ann  Wilson,  Charles  Jones,  Henry 
Boon,  John  Brown,  David  Welsh  and  wife, 
Arthur  Tobey,  a  child,  Ira  Hammond  and 
wife,  William  Sloan,  Micah  McGerry  and 
wife,  Dennis  Ryan,  Lydia  Brooks,  Martin, 
Henry  and  Elias  Brooks,  children,  Sarah 
Yarner,  John  Yarner  and  Dorothy  Lyman, 
to  Jan.  1,  1831.  370  94 

Marshfield,  for  support  of  Samuel  Holmes  and 

John  Baker,  to  Jan.  1,  1831.  95  66 

Marblchead,  for  support  of  Mary  Card,  Her- 
cules Gardner,  Ellen  Ann  Alley  and  child, 
James  Emery,  Ira  Hammond  and  wife,  Si- 
mon Leaky,  Patrick  Dowd  and  wife,  Jane 
Babylon  and  William  Swarts,to  Jan.  8,  1831.     143  17 

Milton,  for  support  of  James  Bowman,  Archi- 
bald McDonald,  George  Hamilton,  a  child, 
Mary  A.  Wright,  do.,  Rebecca  Majester, 
John  C.  Drew,  to  Jan.  31,  1831.  135  74 

Milford,  for  support  of  Margaret  Garrow,  and 

Nathan  Trufant,  to  Feb.  2,  1831.  51  3Q 

Marshpce  Plantation,  for  support  of  Richard 
Holmes,  James  Pells,  Lois  Pells,  Anthony   . 
Hensen,  Ephraim  Jerrell,  George  Jones,  to 
Jan.  11,  1831.  257  40 

Milbury,  for  support  of  Martin  and  Isaac  Flood, 

to  Jan.  3,  1831.'  53  00 


PAUPER  ACCOUNTS.  646 

Medfield,  for  support  of  George  Turner,  to 

Nov.  25,  1830.  66  90 

Maiden,  for  support  of  John  and  Henry  Bar- 
ker, and  George  Elisha,  children,  Patrick 
McMurphy,  Charles  O'Neil  and  wife,  Mary 
Quirk,  John  Quirk,  Joseph  Simeny  and  wife, 
James  Kelly,  Aaron  Fox,  til!  his  death,  Su- 
san Walton  and  her  three  children,  James 
Hickey  and  wife,  Peter  Kinkum,  Edward 
Lenakin,  William  Staples,  Joanna  Fogerty, 
Mary  Ann  Corby  and  her  tinee  children, 
(Mary  Ann,  Margaret  and  Ellen,)  Mary  Ann 
Richardson,  Mary  Scolly,  Alver  Whitney, 
Peggy  Magus,  Sally  Magus,  Phillis  D.  Sar- 
gent, Catharine  Lynd,  to  Feb.  10,  1831.  564  99 

Middleborough,  for  supportof  Elizabeth  Briggs, 
Abigail  Simons,  Solomon  Robinson,  William 
Montgomery,  Jenny  Montgomery,  Sarah 
Dick,  Mehaly  Dick,  Peter  Pero,  Mercy 
Dick,  Clarissa  Dick,  Harriet  Cooper,  Clar- 
issa Coquet,  Laban  Wheaton,  Sophia 
Thompson,  Daniel  Jones,  Anna  Robinson, 
John  Canada,  John  Niles,  Martha  Simons, 
William  Sargeant  and  wife,  Susanna  Luce, 
Widow  and  three  children  of  William  Mc- 
Alister,  Amy  Robinson,  Thomas  White,  Sa- 
rah Mitchell,  Samuel  Shoemaker,  Eliza 
Nichols,  and  funeral  expenses  of  William 
Montgomery,  to  Jan.  1,  1831.  1,156  38 

NewBraintree,  for  supportof  Mary  Rogers,  to 

Jan.  3,  1831.  93  60 

Norwich,  for  support  of  Ruth  Sanford,  to  Jan. 

1,  1831.  93  60 

Northborough,  for  support  of  Jacob  West,  to 

Jan.  9,  1831.  46  80 

Nantucket,  for  support  of  Anthony  Swasey, 
Mary  Andrews,  Chloe  Golding,  Phillis 
Painter,  Mathew  Smith,  Nathan  Beebe,  So- 
phia Beebe,  Catharine  Richardson,  William 
Hutchins,  James  Grant,  Thomas  Truxton, 
to  Jan.  1,  1831.  488  70 

New  Marlborough,  for  support  of  Jona.  Hill 
71 


646  PAUPER  ACCOUNTS. 

till  his  death,  and  Oliver  Warn,  to  Jan.  6, 
1831.  43  96 

North  Brookfield,  for  support  of  Esther  John- 
son, to  Jan.  3,  1831.  29  70 
Northampton,  for  support  of  sundry  paupers, 

to  Jan.  1,  1831.  1,842  04 

North  Bridgewater,  for  support  of  James  Dor- 
ran,  William  Lewis,  a  child,  Rufus  Lewis, 
do.,  Deborah  Van  Ransellaer  and  Charlotte 
Wood,  to  Jan.  1,  1831.  160  32 

Newton,  for  support  of  Jonathan  French,  An- 
na Green  and  William  Pickering,  to  Jan.  I, 
1831.  94  50 

Norton,  for  support  of  Moses  Shute,  to  June 

26,  1830.  3  78 

Norfolk  County,  for  support  of  John  Jones, 
David  Dyer,  till  his  death,  Christian  Stock- 
man, William  White  and  William  Wilson,  to 
Dec.  26,  1830.  108  75 

New  Bedford,  for  support  of  sundry  paupers, 

to  Jan.  1,  1831.  634  04 

Newburyport,  for  support  of  sundry  paupers, 
to  Jan.  1,  1831. 

Newbury,  for  support  of  sundry  paupers,  to  Jan. 
1,  1831. 

Overseers  of  Gay  Head,  for  support  of  Heze- 
kiah  Sewall,  to  Jan.  26,  1831. 

Otis,  for  support  of  Abijah  G.  Hazard  and 
wife,  Timothy  Tiffany,  Loring  Parmely  till 
his  death,  and  Polly  Wilna,  to  Jan.  1,  1831. 

Paxton,  for  support  of  William  Fisk  and  Han- 
nah Jonah,  a  child,  to  Jan.  1,  1831. 

Pawtucket,  for  support  of  Jane  Donalson  and 
child,  Catharine  Daly,  do.,  and  Ella  Mack- 
anella,  to  Jan.  13,  1831. 

Pelham,  for  support  of  Harriet  Whipple,  to 
Dec.  24,  1830. 

Plymouth,  for  support  of  John  M.  Roap,  John 
Wolhing,  James  Reed,  Maria  Harrison,  till 
her  death,  to  Feb.  2,  1831.  "     105  28 

Pittgfield,  for  support  of  James  Gordon,  Aman- 
da Thompson,  alias  Gardner,  till  his  death, 
Frances  Smith,  John  Weston,  Prudence  Bar- 
ry, Lydia  B.  Jones,  till  her  death,  Patrick 


857  73 

883  31 

46  80 

164  30 

73  Ot 

80  80 

26  00 

PAUPER  ACCOUNTS.  547 

Murray,  till  his  death,  Jane  Austin,  John 
Brown,  Mary  Brown,  Prince  Richards,  till 
his  death,  Ruth  Dolby,  John  Gabriel,  and 
the  following  children,  viz  :  Henry  and  Wil- 
liam Gabriel,  Edward  and  George  Barker, 
Polly  Little,  Theophilus  Brown,  Cato  Brock- 
way,  James  Erwin,  Edward  Thompson, 
Charles  Thompson,  Henry  Thompson,  Han- 
nah Thompson,  Caroline  Stanborough,  John 
Smith,  James  Smith,  Frances  Smith,  Wil- 
liam Smith,  Levi  Smith,  Mario  Brown,  Jane 
Dolby,  John  Dolby,  Joseph  Dolby,  and  Sa- 
rah Dolby,  to  Jan.  1,  1831.  1,059  05 

Phillipston,  for  support  of  Abraham  Scholl,  to 

Jan.  1,  1831.  46  80 

Pembroke,  for  support  of  Rhoda  Prince,  Mary 

Giffbrd  and  Edward  Smith,  to  Feb.  1,  1831.       66  13 

Royalston,  for  support  of  Alice  Clements  and 

Thomas  Blodget,  to  Jan.  13,  1831.  86  CO 

Russell,  for  support  of  Sally  Harrington,  Mary 
Newton,  Polly  Hale,  and  Mary  and  Nancy 
Hale,  children,  to  Jan.  1,  1831.  114  70 

Raynham,  for  support  of  James  C.  Oxford,  to 

July  30,  1850.  31   00 

Rowe,  for  support  of  Betsy  Carpenter,  and  the 
following  children,  viz  :  Annis  Carpenter, 
Almira  Wilcox,  Mary  Wilcox  and  Noah  Wil- 
cox, to  Jan  3,  1831.  114  41 

Richmond,  for  support  of  Nancy  Jessup,  Susan 
Darling,  Jacob  Wicker,  and  the  following  . 
children,  viz  :  Amos,  Aseneth,  Mary  Jane, 
Francis  Henry,  and  Emelinc  Celestia  Dar- 
ling, and  Adeline  M.  Hager,  to  Jan.  4,  1831.     289  80 

Rowley,  for  support  of  sundry  paupers,  to  Jan. 

8,  1831.  562  79 

Rehoboth,  for  support  of  Aaron  Freeman,  Lu- 
cy Kelly,  John  Kelly,  a  child,  Rosanna  Free- 
man's child,  Nancy  Hill  and  child,  John  Sol- 
oman  till  his  death,  to  Dec.  26,  1830.  201   16 

Rochester,  for  support  of  Edward  B.  Sandford, 
Rhoda  Sanford,  and  their  four  children, 
viz:  Amos,  Charles,  Edward  and  David,  to 
Jan.  7, 1831.  117  80 


548  PAUPER  ACCOUNTS. 

Roxbury,  for  support  of  sundry  paupers,  to  Feb. 

1,  1831.  639  00 

Sandisfield,  for  support  of  Richard  Dickson, 
till  his  death,  Philiis  Dickson,  and  Benjamin 
Whitney,  a  child,  to  Dec.  25,  1830.  74  11 

Stoughton,  for  support  of  Isaac  Williams,  jr., 

and  Joseph  Bean,  to  Jan.  8,  1831.  60  30 

Sheffield,  for  support  of  Charlotte  Turner,  Phe- 
be  Dunant,  Margaret  Dunant,  Dennis  Kelly, 
Carohne  Kelly,  Andrew  Doyle  and  wife,  and 
funeral  expenses  of  Luzon  Brewster,  to  Jan. 
8,  1831.  92  41 

Somerset,  for  support  of  Polly  Hill,  Ann  Mc- 
Given,  and  Ann,  Else  and  Thomas  McGiv- 
en,  children,  to  Jan.  5,  1831.  171  60 

Stockbridge,  for  support  of  Abraham  Parma- 
lee,  Martha  Dowd,  Margery  Curtis,  Dinah 
Elky,  Dorcas  Webster  and  Anthony  Purdy, 
to  Dec.  1,  1830.  ^  262  35 

Seekonk,  for  support  of  Catharine  Fisk,  till  her 

death,  Nichols,  till  his  death,  Molly 

Beers,  William   Welsh,  Elizabeth  Carden, 
Hannah  Robbins,  Reuben  Frost,  and  Susan- 
nah Matteson,  to  Jan.  2,  1831.  242  20 
Shelburne,  for  support  of  Marv  Bates  and  Eli- 
zabeth Lane,  to  Jan.  1,  1831.  44  80 
Southampton,  for  support  of  John  Cochrane 
and  Robert  Livingston,  a  child,  to  Jan.   1, 
1831.  44  80 
Swanzey,  for  support  of  Martha  Dousnips,  Jude 
McCartee,  Susannah,  an  Indian,  Betsy  Love- 
joy,  Rosilla  and  Olive  Freeman,  and  Mary 
McCartee,  till  her  death,  to  Jan.  8,  1831.         294  30 
Sutton,  for  support  of  James  Norbury,  and  fu- 
neral expenses  of  Thomas  Harbeck,  to  Jan. 
1,  1831.  15  67 
Shirley,  for  support  of  Mary  McKenzie,  Jenny 
Mitchell,  Lucretia  Hazard,  a  child,  Thomas 
Benson,  John  Putnam,  and   the   following, 
children  :  Fanny  Mitchell,  Charles  Mitchell, 
Walter  J.  Mitchell,  Thomas  Benson,  to  Jan. 
1,  1831.                                                               235  92 


PAUPER  ACCOUNTS.  649 

Southvvick,  for  support  of  Daniel  Marlon  till 

his  death  43  46 

Shutesbury,  for  support  of  Peter  Jackson  and 
wife,  John  Venauley  and  wife,  Sarah  Phin- 
nemore,  Juliana  Phinnemore,  with  an  infant 
child,  and  Sarah,  Zechariah,  Clarissa  and 
Charles,  children  of  Sarah  Phinnemore,  to 
Jan.  1,  1831.  157  41 

Springfield,  for  support  of  sundry  paupers  to 

Jan.  1,  1831.  550  10 

Salem,  for  support  of  sundry  paupers  to  Jan.  1, 

1831.  1,695  04 

Sandwich,  for  support  of  Harriet  Griffen,  till 

her  death,  to  Sept.  11,  1830.  20  30 

Shrewsbury,  for  support  of  Nancy  Johnson, 
Eleanor  Johnson  and  George  Turner,  to 
Jan.  26,  1831.  13  22 

Stoneham,  for  support  of  Charles  O'Neil  and 

wife,  to  Sept.  11,  1830.  3  60 

Spencer,  for  support  of  Susannah  Cowland  and 

four  coloured  children,  to  Jan.  16,  1831.  L^    150  80 

Sharon,  for  support  of  Edward  Ellis,  Elizabeth 
Ellis,  Susanna  Rider,  and  Hannah  Bucklin, 
to  Feb.  9,  1831.  142  58 

Southwick,  for  support  of  Daniel  Marlow  and 

Allen  Dean,  till  their  death,  56  16 

Sandwich,  for  support  of  Bethiah  Fly,  Felice 
Wing,  and  Patrick  Powers,  till  his  death,  to 
Jan.  25,  1831.  106   19 

Taunton,  for  support  of  Sally  Volum,  Nancy 
Stella  and  her  two  children,  (Leonard  and 
Stella)  Deborah  Smith,  Robert  Wilson,  Jo- 
seph Lyon,  Samuel  Shoemaker,  Samuel 
Rose,  Mary  Mulharen  and  her  two  children, 
(James  and  Michael)  George  Burketand  his 
three  children,  (Nancy,  Alice  and  Robert,) 
Jeremiah  Fielding,  till  his  death,  Eleanor 
Ball  and  Moses  Shute,  to  Jan.  1,  1831.  588  49 

Tyringham,  for  support  of  Richard  Gardner 
and  wife,  Asa  Thompson,  Mary  Diskill,  Pa- 
mela Tilley,  Temperance  Sears,  Elvira  Wat- 
kins,  Fanny  Brown  and  her  infant  child,  and 


550  PAUPER   ACCOUNTS. 

removing  family  of  John  Barden,  to  Jan.  4, 

1831.  329  65 

Tovvnsend,  for  support  of  Samuel  B.  Jackson, 
a  child,  Henry  S.  Jackson,  do.,  and  Edward 
McBridc,  to  Jan.  6,  1831.  61  00 

Truro,  for  burial  of  two  unknown  persons,  pick- 
ed up  on  the  beach,  Jan.  1831.  10  00 

Tyngsborongh,  for  support  of  Catharine  Mc- 
Clenning  to  January,  and  Thomas  McGlath- 
ery  to  Feb.  1,  1831.  63  00 

Tolland,  for  support  of  Hannah  Mather,  and 
Sail,  a  black  woman,  till  removal  of  former,  ^^ 
and  death  of  latter.  29  60 

Tewksbury,  for  support  of  William  H.  Hol- 
brook,  John  Haley  and  wife,  Austin  Pease 
and  wife,  and  funeral  expenses  of  John  Hea- 
ley,  to  Nov.  17,  1830.  37  79 

Uxbridge,  for  support  of  Mary  Pratt,  Ezra 
Comstock,  Frederick  Trask  and  his  wife,  till 
her  death,  and  James  Lewis,  till  his  death, 
to  Feb.  15,  1830.  143  40 

Upton,  for  support  of  Mary  Bryant,  to  Jan.  15, 

1831.  45  90 

Williamsburg,  for  support  of  Robert  Briggs, 
James  Turner  and  Mary  Turner,  a  child,  to 
Dec.  31,  1830.  60  62 

Westhampton,  for  support  of  Jane  Gay,  Silvia 
Miller,  and  Mary  Ann  and  Fillia  Sherman, 
children,  to  Jan.  1,  1831.  ^  89  24 

AVestern,  for  support  of  Michael  Walsh,  Thom- 
as Morris,  a  child,  and  Joseph  R.  Trim,  do., 
to  Jan.  1,  1831.  44  59 

Washington,  for  support  of  John  Thompson, 

to  Jan.  1,  1831.  28  80 

Ware,  for  support  of  Thomas  Dennison, 
Charles  Sinipson,  George  W.  and  Horace 
Booth,  (children  of  George  Booth)  Eliza, 
Caroline  and  Henry  OIney,  children,  Jacob 
Jackson,  and  John  J.  Upham  ;  also,  funeral, 
expanses  of  two  Olneys,  children,  to  Jan.  15, 
1831.  375  43 

Warwick,  for  support  of  John  C.  Miller,  Sam- 


PAUPER  ACCOUNTS.  551 

ucl  Gun,  Molly  Gun  and  Charles,  son  of  said 

Guns,  to  Jan.  8,  1831.  120  40 

Westborough,  for  support  of  Primus  Titus,  to 

April  1,  1830.  22  50 

Wcstfield,  for  support  of  Esther  Berry,  Asen- 
eth  Gibson,  Mary  Parks,  Mary  Ann  Baker, 
Hcpsibah  Brewer,  Betsey  Rose,  Sally  Ba- 
ker, Sarah  Ann  Dodge,  Patty  Linerson,  and 
the  following  children,  viz.  George  Gibson, 
Eunice  French  and  George  Dewey,  to  Jan. 
1,  1831.  421  59 

Wilbraham,  for  support  of  Eunice  Davis,  Mary 
Walker,  Alice  Dodge,  John  Ammidon,  Joan 
Arnmidon,  Lodice  Ammidon,  Charles  Noe, 
Sally  Noe,  Thomas  Fatson,  Rodney  Gran- 
hood,  and  the  following  children,  viz.  Eliza, 
Esther  and  Perlin  Freeden,  John  and  Sam- 
uel Wright,  Persis  Ann  Noe,  and  funeral 
expenses  of  Thomas  Fatson,  to  Dec.  29, 
1830.  482  60 

Worthington,  for  support  of  Mary  Culver,  till 

her  death.  25  18 

Westford,  for  support  of  Ephraim   Spaulding, 

till  his  death.  52  70 

WiUiamstown,  for  support  of  Asahel  Foot,  his 
wife  and  five  children,  Rachel  Galusha, 
John  G.  Henderson  and  Stacy  Lamphere, 
to  Jan,  1,  1831.  214  84 

Whatley,  for  support  of  Elizabeth  McCoy,  to 
Jan.  5,  1831.  For  support  of  Jessee  Jew- 
ett,  to  Jan.  26,  1831.  71    10 

West  Stockbridge,  for  support  of  Lucretia 
Bellamy,  Mary  M.  Stoddard  and  her  child, 
Elsey  A.  and  Frederick  H.  Stoddard,  chil- 
dren, Lucy  Lane,  James  C.  Briggs,  Ranson 
H.  Biggs,  Sally  Barton,  Ebenr.  Wood, 
Henry  W.  Rogers,  a  child,  Mary  Snow  till 
her  death,  to  Jan.  1,  1831.  222  11 

West  Springfield,  for  support  of  Hannah  She- 
voy,  Louis  Shevoy,  Laura  Chapin,  Valen- 
tine Worthey,  John  and  Rodney  Benedict, 
children,  Phebe  Smith  till  her  death,  Ann, 


552  PAUPER  ACCOUNTS. 

Freeman,   and   Ichabod  her    child    till    its 

death,  to  Jan.  1,  1831.  153  69 

West  Newbury,  for  support  of  wife  and  fami- 
ly of  Richard  Renton,  the  children  as  fol- 
lows :  George  Kecly,  Wm.  Alfred,  Rebec- 
ca Duncan,  and  Sarah  Hopkinson,  the  wife 
and  family  of  John  Boles,  viz.  Elizabeth 
Boles,  and  Susan,  Emily,  Elizabeth  and 
Martha,  children  ;  and  funeral  expenses  of 
Elizabeth  Boles,  the  mother,  and  Susan, 
Emily  and  Elizabeth,  children,  to  Jan.  1, 
1831.  171  49 

Waltham,  for  support  of  James  Buchanan,  to 

Feb.  1.  1331.  58  50 

Wenham,  for  support  of  Sarah  English  and 

Pompey  Porter,'  to  Jan.  1,  1831.  93  60 

West  Bridgewater,    for   support  of    Thomas 

Quindley,  to  Jan.  1,  1831.  46  80 

West  Cambridge,  for  support  of  John  Bailey, 
Dennis  Ryne,  Patrick  Berry,  Daniel  Fer- 
rell,  James  Hackey,  Ira  Hamman,  and  wife, 
David  Welsh  and  wife,  Mardonno  and  wife, 
David  Naland.  Sarah  Ellis  till  her  death,  to 
Jan.  18,  1831.'  88  65 

Wrentham,  for  support  of  Eliza  Ann  Wood- 
ward, Silvia  Pettice,  Susannah  Nowland, 
Dolly  Hulbert,  Lucy  Pattern,  child,  Charles 
Marsh,  do.  and  funeral  expenses  of  Mont- 
gomery Graves,  to  Jan.  1,  1831.  122  18 

Worcester,  for  support  of  Michael  Flenming, 
Esther  Carroll,  Mary  Gall,  a  child,  and  fu- 
neral expenses  of  Charles  Van  Vanvac- 
ter,  to  Jan.   1,  1831.  80  95 

Watertown,  for  support  of  John  Green, 
till  his  death,  Rosanna  Kirker,  and  her 
three  children,  (Martha,  Sarah  and  Abi- 
gail) John  Riley,  Joseph  Shaw,  Henry 
Boon,  Charles  Jones,  John'  M.  Glouten, 
Maria  Glouten,  Wilkin  Powell,  John  Thomp- 
son, Daniel  Merrim,  Thomas  Daniels,  Da- 
vid Welsh,  Margaret  Welsh,  John  Doyle, 
Aaron  Pond,   David  and  Margaret  Welsh, 


PAUPER  ACCOUNTS.  553 

Dennis  Flood,  Wm.  Honers  and  funeral  ex- 
penses of  Ebenr.  Wells,  to  Feb.  1,  1831.         208  91 

Walpole,  for  support  of  Marj^  A.  Meeder,  and 

her  four  children,  to  April  22,  1830.  60  65 

Yarmouth,   for   support   of    Thomas    Peters,    . 
Black-Let,  and  Anna  Knight,  to  Dec.  28,*^^ 
1830.  65  70 


72 


MILITARY  ACCOUNTS. 


FOR  JANUARY  SESSION  1831. 
Aids  de  Camp  to  Major  Generals. 


Aaron  D.  Capen,  to  Dec.  31,  1830, 
Nathan  Brown,  to  Dec.  31,  1830, 
Samuel  H.  Mann,  to  Dec.  31,  1830, 
John  Bailies,  to  Dec.  31,  1830, 
Franklin  Weston,  to  Dec.  31,  1830, 


Brigade  Majors. 

Bradford  L.  Wales,  to  Dec,  31,  1830, 
David  L.  Child,  to  Dec.  31,  1830, 
Joseph  L.  Low,  to  April  18,1829, 
Moses  P.  Parish,  to  Dec.  31,  1830, 
Wyman  Richardson,  to  Dec.  31,  1830, 
Joseph  Root,  to  May  19,  1830, 
Alanson  Clark,  to  Jan.  24,  1831, 
Elisha  Tucker,  to  July  31,  1830, 
George  B.  Atwood,  to  Dec.  31,  1830, 
Otis  Adams,  to  Dec.  31,  1830, 
Parker  L.  Hall,  to  June  1,  1830. 
Increase  Sumner,  to  Dec.  31,  1830, 
William  C.  Plunkett,  to  Dec.  31,  1830, 


25 

00 

26 

00 

25  00 

20 

14 

25 

00 

;^120  14 


40  00 

66 

67 

12 

00 

40 

00 

62 

67 

15 

40 

42 

67 

23  33 

40 

00 

40 

00 

16 

66 

'  23  33 

40  00 

$A62  73 


MILITARY  ACCOUNTS.  555 


Adjutants. 

Ebenezer  W.  Stone,  to  Dec.  31,  1830,  25  00 

Francis  D.  Holbrook,  to  Dec.  31,  1830,  25  00 

Stephen  Hall,  to  Dec.  31,  1830,  15  00 

Stephen  Westcott,  to  Dec.  31,  1830,  60  00 

Asa  Smith,  to  Dec.  14,  1830,  16  24 

Nathaniel  Bird,  to  Dec.  31,  1830,  15  00 

Sumner  Crosby,  to  Dec.  31,  1830,  25  00 

S.  Davis  Leavens,  to  Sept.  20,  1830,  18  06 

J.  I  vers  Austin,  to  Dec.  31,  1830,  6  94 

John  C.  Park,  to  Dec.  31,  1830,  25  00 

Daniel  H.  Rogers,  to  Dec.  31,  1830,  25  00 

Andrew  Mansfield,  jr.  to  July  31,  1330,  14  58 

Ebenezer  Sutton,  to  Dec.  31,  1830,  25  00 

Joseph  P.  Turner,  to  Dec.  31,  1830,  15  00 

Stephen  Adams,  jr.,  to  Dec.  31,  1830,  25  00 

Harvey  Kimball,  to  Dec.  31,  1830,  25  00 

WiUiam  Brown,  to  Dec.  31,  1830,  25  00 

Reuben  Evans,  to  Dec.  31,  1830,  25  00 
John  Davis,  to  Dec.  31,  1830,                            •      25  00 

Joseph  Hooper,  jr.,  to  Dec.  31,  1830,  15  00 

Ephraim  B.  Parker,  to  Dec.  31,  1830,  •  11   12 

Joseph  Merriam,  jr.,  to  Dec,  31,  1830,  25  00 

Homer  Tilton,  to' Dec.  31,  1830,  25  00 

Guy  C.  Haynes,  to  Dec.  31,  1830,  25  00 

Josiah  Clark,  to  Dec.  31,  1830,  25  00 

Horace  Heard,  to  Dec.  31,  1830,  41   66 

Henry  J.  Baxter,  to  Dec.  31,  1830,  25  00 

Samuel  Reynolds,  to  Feb.  3,  1830,  2  28 

Isaac  A.  Cooley,  to  Dec.  31,  1830,  22  55 

Alvan  Fowler,  to  Dec.  31,  1830,  25  00 

James  B.  Parker,  to  Dec.  31,  1830,  25  00 

Joseph  H.  Bowman,  to  July  9,  1830,  28  37 

Joseph  B.  Sheffield,  to  Dec.  31,  1830,  33  26 

Samuel  W.  Kirkland,  to  Dec.  31,  1830,  24  10 

John  P.  Graves,  to  Dec.  31,  1830,  25  00 

Wm.  E.  Russell,  to  Dec.  31,  1830,  38  05 

Horatio  N.  Ward,  to  Dec.  31,  1830,  25  00 

Joseph  Tyler,  to  Dec.  31,  1830,  25  00 

Marshal  S.  Mead,  to  Sept.  19,  1830,  25  00 


556  MILITARY  ACCOUNTS. 

Rufus  B.  Bradford,  to  Dec.  31,  1830, 
Horace  Collamore,  to  Dec.  31,  1830, 
Aarad  Thompson,  to  Dec.  31,  1830, 
Thomas  E.  Gage,  to  Dec.  31,  1830, 
Henry  Luther,  to  Dec.  31,  1830, 
George  Danforth,  to  Dec.  31,  1830, 
Ira  Newman,  to  Dec.  31,  1830, 
John  T.  Lawton,  to  Dec.  31,  1830, 
Ephraim  A.  Raymond,  to  Dec,  31,  1830, 
Obed  Brooks,  jr.,  to  Dec.  31,  1830, 
CorneHus  Hamblin,  to  Dec.  31,  1830, 
Ebenezer  A.  Howard,  to  July  1,  1830, 
Silas  Jones,  to  Dec.  31,  1830, 
Dan  Hill,  to  Dec.  31,  1830, 
Joseph  Knox,  to  Dec.  31,  1830, 
William  N.  Green,  to  Dec.  31,  1830, 
George  C.  Richardson,  to  April  24,  1830, 
Luke  Real,  to  Dec.  31,  1830, 
Edmund  H.  Nichols,  to  Dec.  31,  1830, 
Edmund  Bush,  to  Dec.  31,  1830, 
Edward  Bradley,  to  Oct.  5,  1830, 
Edson  Sexton,  to  Dec.  31,  1830, 
Rodney  Hill,  to  Dec.  31,  1830, 
Socrate*  Squire,  to  Dec.  31,  1830, 
Ambrose  Nicholson,  to  Dec.  31,  1830, 
John  Kellogg,  to  Dec.  31,  1830, 

$\,4>2d  30 

Hauling  Artillery, 

Thomas  M.  Field,  1830,  22  00 

James  Hawes,  "  15  00 

Jabez  Morse,  "  22  00 

Samuel  Thompson,  «  SO  00 

Ebenezer  Tasker,  "  20  00 

Thomas  Goodwin,  "  30  00 

"Winslow  W.  Seaver,  "  ^  24  00 

Thomas  Flint,  "  8  00 

Joseph  Soper,  "  10  00 

Joshua  Buttrick,  "  20  00 

Bela  Greenwood,  "  20  00 


25 

00 

25 

00 

25 

00 

25 

00 

25 

00 

25 

00 

31 

25 

25 

00 

23 

53 

25 

00 

25 

00 

12 

50 

9  44 

25 

00 

16 

66 

15 

98 

7 

90 

9 

78 

15 

00 

25  00 

19 

09 

5 

91 

15  00 

25 

00 

25 

00 

5  00 

MILITARY  ACCOUNTS. 


557 


Phineas  G.  Prescott,  1830, 

Asa  Spaulding,  " 

Henry  Dvvight,  " 

Henry  A.  Bridgeman,  " 

Josiah  S.  Knowles,  " 

Edwin  Norcross,  " 

Jona.  F.  Strong,  ** 

Hubbard  B.  Bordvvell,  1829-30, 


David  R.  Whiting, 
Orlando  Chapin, 
Wm.  Nash, 
David  Bradford, 
David  Silvester, 
Peter  Corbet, 
Peter  D.  Clemmons, 
Leonard  W.  Stowell, 
Oilman  Bobbins, 
B.  C.  Shelden, 


1830, 


1828-9-30, 
1830, 


7 

50 

17 

58 

7 

50 

7 

50 

10 

00 

7 

83 

5 

00 

20 

80 

12 

00 

15 

00 

iO 

00 

27 

50 

4 

50 

10 

00 

8 

35 

27 

00 

10 

00 

5 

50 

;^444  56 


AGGREGATE  OF  ROLL,  No.  104. 


Pauper  Accounts,  ;^51,307  01 

Military  Accounts. 

Aids  de  Camp, 
Brigade  Majors, 
Adjutants, 
Hauling  Artillery, 


120  14 

462  73 

1,429  30 

444  bQ 

;$'2,456 

73 

Total  of  Roll  No.  104,  ^53,763  74 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  Treasury,  to  the  several  corporations  and  per- 
sons mentioned  in  this  Roll,  the  sums  set  against  the 
names  of  such  corporations  and  persons  respective- 
ly, amounting  in  the  whole  to  fifty  three  thousand 
seven  hundred  and  sixty  three  dollars  and  seven- 
ty four  cents,  the  same  being  in  full  discharge  of  the 
accounts  and  demands  to  which  they  refer. 

In  Senate  February  21,  1831. — Read  twice  and  passed. 
Sent  down  for  concurrence. 

SAMUEL  LATHROP,  President. 

In  House  of  Representatives,  February  23,  1831. 

Read  twice,  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker, 
Fe6rMar?/24,  1831.     ' 

Approved, 

LEVI  LINCOLN. 


SECOND  ROLL. 


ROLL  of  ACCOUNTS  presented  at  the  Adjutant  Gen- 
eral's Office^  for  examination  and  allowance,  subsequent 
to  the  \^th  February  last,  when  the  first  Roll  was  cer- 
tified. 

Adjutants'  Accounts. 

Appleton  Howe,  to  December  31,  1830,  25  00 

Stephen  Sanford,  to  April  19,  1830,  7  67 

William  Chamberlain,  to  December  31,  1830, 

William  Dodge,  4th,  to  December  31,  1830, 

Oliver  Whipple,  jr,  to  December  31,  1830, 

Abraham  Tappan,  to  December  31,  1830, 

Joshua  H.  Cross,  to  May  11,  1830, 

Edward  Palfray,  to  February  11,  1831, 

Benjamin  Dana,  to  December  31,  1830, 

George  W.  Tarbell,  to  December  31,  1830, 

William  Tidd,  to  December  31,  1830, 

Lucius  Graham,  to  December  31,  1830, 

Elijah  Gushing,  to  December  31,  1830, 

Asa  Wood,  to  December  31,  1830, 

Theodore  Kern,  to  December  31,  1830, 

Spencer  Field,  to  December  31,  1830, 

Phinehas  T.  Bartlett,  to  April  22,  1830, 


16 

00 

26  00 

15 

00 

li 

25 

18 

75 

18 

75 

9  03 

30 

bQ 

25 

00 

26 

00 

7 

91 

26 

00 

26  00 

32  60 

7 

78 

660  MILITARY  ACCOUNTS. 

Brigade  Major. 
Jabez  W.  Barton,  to  December  31,  1830,  40  00 

Hauling  Artillery. 


Abijah  Pond, 

1830, 

8  00 

John  Skinner, 

6  00 

William  Haskell, 

10  00 

Timothy  Brown, 

10  00 

John  Bradbury, 

20  00 

Zebedee  Morrill, 

10  00 

David  Rice, 

9  00 

Philip  Russell, 

15  00 

Horace  Wait, 

10  00 

Thomas  W.  White, 

6  00 

Joshua  Winslow, 

9  35 

Adjutant  General's  Office, 
Boston,  March  1st,  1831. 
I  hereby  certify  that  I  have  examined  the  Accounts 
referred  to  in  the  above  Roll  of  Adjutants  and  for  Haul- 
ing Artillery,  and  find  them  correctly  vouched  and  cast, 
W.  H.  SUMNER,  Adjutant  General. 


The  Committee  on  Accounts  Report,  That  they  have 
examined  the  several  Accounts  for  military  services,  re- 
ferred to  in  the  annexed  Roll,  and  that  there  are  due  to 
the  several  persons  therein  mentioned,  the  sums  set  to 
their  names  respectively,  which,  when  allowed  and  paid, 
will  be  in  full  discharge  of  said  accounts  to  the  dates 
therein  mentioned. 

E.   HOYT,   Chairman. 


RESOLVE.  561 

RESOLVE, 

Authorizing  the  payment  of  certain  Military  Accounts. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  treasury,  to  the  several  persons  mentioned  in  the 
annexed  roll,  the  sums  set  to  their  names  respectively, 
amounting  in  the  whole  to  four  hundred  and  seventy- 
seven  dollars  and  forty-five  cents,  the  same  being  in  full 
discharge  of  the  accounts  and  demands  to  which  they 
refer.  And  His  Excellency  the  Governor  is  hereby  re- 
quested to  draw  his  warrant  accordingly. 

In  Senate,  March  9,  1831. — Read  twice  and  passed. 

Sent  down  for  concurrence. 

SAMUEL    LATHROP,  President, 

In  House  of  Representatives,  March  11,  1831. — Read 
twice  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker. 

March  11,  1831. 

Approved, 

LEVI  LINCOLN. 
73 


^ommon^eaiUi)  of  M^^^^t'fyvimttu. 


Treasury  Office,  March  9th,  1831. 

The  Treasurer  having,  in  compliance  with  an  order 
of  the  Honorable  Legislature,  passed  the  3d  March  in- 
stant, examined  and  adjusted  the  accounts  presented  to 
him,  asks  leave  to  Report — That  there  is  due  to  the  sev- 
eral persons  enumerated  on  the  follovring  Roll,  the  sums 
set  against  their  names  respectively,  which,  when  allow- 
ed and  paid,  will  be  in  full  discharge  of  said  accounts  to 
the  dates  therein  mentioned. 

Respectfully  submitted, 

JOSEPH  SEWALL,  Treasurer, 

To  the  Honorable  Senate,  and 

House  of  Representatives, 


24  67 

87  57 

74  95 

25  00 

8  33 

43  97 

ROLL  OF  ACCOUNTS  No.  2, 

Audited  by  the  Treasurer  of  the  Commonwealth,  and  re- 
ported March  9th,  1831. 

PRINTERS. 

Adams  &  Hudson,  papers  to  March  12th,  1831,     108  01 
Allen,   E.   W.,  advertising   Amendments  and 

publishing  Laws  to  August  1st,  1830, 
Badger  k.  Porter,  papers  to  March  12,  1831, 
Ballard  &  Co.,         do.  do.         do. 

Bazin,  G.  W.,  do.  do.         do. 

Bowles,    Samuel,    advertising    Constitutional 

Amendments, 
Beals  &  Homer,  papers  to  March  12,  1831, 
Buckingham,  Joseph  T.,  papers  to  March  12, 

1831,  138  34 

Carter,  Hendee  &  Babcock,  papers  to  March 

12,  1831,  21  34 

Chapin,  Jacob,  advertising  Amendments  and 

Dublishing  Laws  to  January  1,  1831,  25  00 

Clapp,  W.  W.,  papers  to  March  12,  1831,  47  30 

Button  &  Wentworth,  printing  for 

Legislature,  398  18 

Secretary,  95  90 

Newspapers  to  March  12, 1831,  1 1  97 

Garrison  &  Knapp,  papers  to  March  12,  1831, 
Harrington,    Jubal,    advertising   Amendments 

and  publishing  Laws  to  January,  1831, 
Hill,  F.  S.,  papers  to  March  12,  1831, 
Hale,  Nathan,  do.         do.  do., 

Kingman,  Woolson  &  Co.,  do.  do., 
Nichols,  William,  do.  do., 


436 

05 

2 

00 

25 

00 

67 

21 

65 

28 

45  34 

12  06 

564  MISCELLANEOUS  ACCOUNTS. 

Proprietors  of  "  Boston    Press"   and    "  Free 

Press,"  for  papers  to  March  12,  1831,  27  73 

Proprietors  of  "  Working  Men's  Advocate," 
papers  to  March  12,  1831, 

Keed,  David,  papers  to  March  12,  1831, 

Russell,  J.  B.,  do.  do.. 

True  &  Greene,  do.  do., 

Willis  &  Rand,  do.  do., 

;^1,432  22 


22 

69 

20 

76 

32 

54 

45 

58 

25  50 

MISCELLANEOUS  ACCOUNTS. 

Bacon,  Henry,  assistant  messenger  to  March 

12,  1831,  124  00 

Burditt,  James  W.,  stationary  to  March  7,  1831, 
For  Legislature,  74  25 

Secretary,  73  00 

Chase,  Warren,  assistant  messenger  to  March 

12,  1831, 
Cutting,  Elijah  W.,  do.  do.     do.,        120  00 
Do.         for  his  son  as  page,  do.,  58  00 

Goodrich,  Isaac  W.,  Stationary  for  Secretary 

to  February  9,  1831, 
Kuhn,  Jacob  jr.,  assistant  messenger  to  March 

1,  1831, 
Loring,  James,  13  Registers  for  1831,  deUver- 

ed  secretary, 
Pitts,  Sarah,  for  her  son,  Charles  L.  Pitts,  as 

page,  to  March,  12,  1831, 

;^777  33 


147 

25 

124 

00 

178 

00 

41 

25 

94  00 

10 

83 

68  00 

SHERIFFS— CORONERS— AGGREGATE.    565 


SHERIFFS. 

Brown,  Henry  C,  returning  votes,  members  of 

Congress,  to  November,  1830,  23  80 

Crocker,  David,  returning  votes  for  Governor, 
&c.  and  members  of  Congress,  to  December, 
1830.  17  50 


Babbit,  Crocker, 
Kingsbury,  Aaron, 
Purple,  Hatsell, 
Rhodes,  William, 
Sawyer,  Joseph, 


^41  30 

CORONERS. 

ges  of  Inquisition, 

7  40 

do. 

7  40 

do. 

9  08 

do. 

12  40 

do. 

12  40 

do. 

13  06 

$6\  74 


AGGREGATE. 


Printers'  Accounts,  ;jf  1,432  22 

Miscellaneous  Accounts,  777  33 

Sheriffs'               do.  41  30 

Coroners'            do.  61  74 

;^2,312  59 


cs^omtnontDeaUfi  of  ^nnnntw^ttt^* 


In  the  year  of  our  Lord,  one  thousand,  eight  hundred, 
and  thirty  one. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  treasury,  to  the  several  persons  mentioned  in  the 
foregoing  Roll,  the  sums  set  against  such  persons'  names 
respectively,  amounting  in  the  whole  to  the  sum  of  two 
thousand  three  hundred  and  twelve  dollars  and  fifty-nine 
cents  :  the  same  being  in  full  discharge  of  the  accounts 
and  demands  to  which  they  refer ;  and  His  Excellency 
the  Governor  is  requested  to  draw  his  warrant  accord- 
ingly. 

In  Senate,  March  16,  1831.— 

Read  twice  and  passed. 
Sent  down  for  concurrence. 

SAMUEL  LATHROP,  President. 

In  House  of  Representatives,  March  17,  1831. 

Read  twice,  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker, 
March  19,  1831. 

Approved, 

LEVI   LINCOLN. 


^ommontpealtfi  of  ^muutf^nutitti. 


Secretary's  Office,  May  14,  1831. 

I  hereby  certify  that  I  have  compared  the  Resolves 
printed  in  this  pamphlet,  with  the  original  Resolves 
passed  by  the  Legislature,  at  their  Session  commencing 
in  January  last,  and  find  the  same  to  be  correctly 
printed. 

EDWARD  D.   BANGS, 

Secretary  of  the  Commonwealth, 


INDEX 

TO  THE  RESOLVES 


SESSION  IN  JANUARY,  FEBRUARY  AND  MARCH,  1831. 


A. 


Accounts,  Rolls  of,  audited  by  Committee  of  Accounts,  and  by 

Treasurer, 529,  535, 559, 5C3 

Agricultural  Society,  Massachusetts,  allowance  to,         .  514 

Amendment  of  Constitution,  to  be  submitted  to  the  people,  497 

Ames,  Seth,  administrator,  allowed  to  sell  real  estate,  .  520 

Arnold,  Samuel  F.,  pension  granted  to,  on  account  of  wound,  492 

Arsenal,  State,  provisions  for  removal  of,  ....  518 

Auction  duties,  in  certain  cases,  to  be  refunded,       .         -         .  484 

B. 

Bank  Commissioners,  pay  of,  provided  for,  ....  502 
Barnard,  Francis,  administrator,  may  file  certificate  of  sale  of 

estate,  &c.,  ........  508 

Barnstable  County,  Courts  in,  to  be  furnished  with  Laws,  ^c,  502 
Bates,  Oliver,  authorized  to  convey  estate  of  certain  minors,  481,  482 
Baxter,  Edward  W.,  grant  to,  on  account  of  wound  when  on 

military  duty, 478 

74 


11 


INDEX. 


Bounty  Lands,  to  revolutionary  soldiers,  further  provisions  for 

location  of,  ........       487 


C. 


Callender,  William,  allowance  to,  for  services  in  revolutionary 

war,  ........ 

Chaplains  of  Senate  and  House,  compensation  of, 
Chappequiddic  Indian,  a  pauper,  support  of,  provided  for, 
Chilmark,  part  of,  to  be  surveyed  by  State  surveyor, 
Clapp,  Derastus,  and  others,  grant  to,  for  prosecuting  counter 

feiter,  ........ 

Clark,  Noah,  and  another,  grant  to,  for  prosecuting  counterfeit 

er, 

Clerk  of  Senate,  compensation  of,  for  making  duplicate  of  jour 

nal,  &c.,      ........ 

Clerks  of  Senate  and  House,  compensation  of,  .         . 

CoiRn,  George  W.,  compensation  of,  as  agent  for  selling  public 

lands,  ........ 

Colonial  Records,  in  England,  measures  recommended  to  pro 

cure  copies  of,     ......         . 

Colonization  Society,  designs  of,  recommended  to  Congress, 
Commissioners  for  examining  Banks,  pay  of,  provided  for, 
Constitution,  amendment  of,  to  be  submitted  to  the  people, 
County  Taxes,  granted,  ...... 


5J0 

522 
490 
490 

480 

479 

49t> 
523 

521 

512 

509 
502 
497 
500 


D. 


Deaf  and  Dumb  Children,  to  be  placed  at  Hartford  Asy- 
lum,   488,497,509 

Debtor  and  creditor,  Laws  respecting,  to  be  revised,  .         .      523 

Dexter,  Franklin,  executor,  authorized  to  convey  certain  real 

estate, 505 

Drew,  Benjamin,  a  Coroner,  allowance  to,  for  services,     .         .       522 


E. 


Eastern  Lands,  grantees  &/C.  of,  allowed  further  time  to  settle, 
"  "       granted  to  revolutionary  soldiers,  further  provis- 

ions respecting,  ..... 

"  "       roads  over  authorized,      ..... 

«•  "       agents  for  selling,  discharged  from  balance  of 

accounts,  ...... 


485 

487 
517 

521 


INDEX.  iii 


F. 


Fellows,  Daniel,  jr.,  guardian  of  Chappequiddic  Indians,  allow- 
ance to,  for  supporting  pauper,      .....       490 
Fire  Proof  Edifice,  on  north  front  of  State  House,  to  be  erected,       511 

G. 

Geological  Survey  of  the  Commonwealth,  further  provisions  re- 
specting,     .........       479 

Georgia,  certain  proceedings  of  government  of,  opinion  express- 
ed concerning,     ........       512 

Governor,  and  Council,  authorized  to  give  directions  respecting 

geological  survey  of  the  State,      .....       479 

Governor,  requested  to  transmit  to  members  of  Congress,  &c. 

resolutions  respecting  militia,         .....       501 

Governor,  requested  to  transmit  to  members  of  Congress  resolves 

respecting  Colonization  Society,  ....       509 

Governor,  and  Council,  authorized  to  cause  a  Fire  Proof  Edifice 

to  be  erected  at  State  House,         .  .         .       511 

"        requested  to  transmit  to  members  of  Congress,  resolves 

respecting  Colonial  Records,  ....       512 

"       requested  to  transmit  to  members  of  Congress,  &,c., 

resolves  respecting  proceedings  of  Georgia,    .  .       513 

"       requested  to  cause  a  manual  to  be  compiled  respecting 

culture  of  silk,  ......       515 

"        and  Council,  authorized  to  appoint  Commissioners  to 

negotiate  respecting  removal  of  State  Arsenal,  518 

"       and  Council,  authorized  to  appoint  Commissioners, to^g^ 

revise  Laws  respecting  Debtor  and  Creditor,  &lc.,      ^23 
"       and  Council,  authorized  to  settle  accounts  of  Gen.    ,  , 

William  King,  "    521 

Governor's  Message,  at  commencement  of  the  Session,     .         .       436 
"  "         transmitting  Resolutions  of  Legislature  of 

Alabama,  473 

"  "         returning  to  Senate  a  Bill  "  to  incorporate 

the  Pigeon  Cove  Harbor  Company,"  476 

"  "         transmitting  certain  documents  from  Maine,       491 

"  "         transmitting  Resolutions  of  Legislature  of 

Ohio, 495 

''  "         informing  of  the  settlement  in  part  of  the 

Massachusetts  Claim,  .         .       504 


iv  INDEX. 

Governor's  Message,  transmitting  Resolutions  of  the  i^egisla- 

tures  of  several  States,  .         .         .       526 

"  "         informing  of  Gen.  Cromwell  Washburn's 

,   resignation,  .....       527 

Greene,  Thomas  A.,  paid  for  services  as  Bank  Commissioner,  524 


H. 


Hobbs,  Isaac,  to  receive  deed  of  certain  State  land  in  Maine,  489 

Hopkins  Charity,  trustees  of,  provisions  in  favor  of,  .         .  525 

Hopkinton,  trustees  of  School  Fund  in,  may  sell  certain  real 

estate, 489 


Inches,  Henderson,  authorized  to  execute  deed  in  behalf  of  cer- 
tain minors,         ........       470 

J. 

Jeffries,  John,  guardian,  authorized  to  execute  deeds  in  behalf 

of  a  minor, 471,472 

Jennings,  Eliza,  to  receive  balance  of  her  late  husband's  pen- 
sion, ......... 

Joy,  Hannah,  executrix,  may  execute  deeds  in  behalf  of  a 
minor,  ......... 


486 
472 


K. 


King,  William,  his  accounts  to  be  examined  by  Governor  and 

Council,   ^ 524 

L. 

Lands  in  Maine,  grantees  &c.  of,  allowed  further  time  to  settle,  485 

"             "         roads  over,  authorized,           ....  517 
"             "         agents  for  selling,  discharged  from  balance  of 

accounts,            .         .         .       pi       ,  .         .  521 

Lawrence,  Francis,  allowance  to,  for  services  at  State  Prison,  504 
Low,  John  v.,  assistant  messinger  to  Governor  and  Council, 

allowance  to,       .......        •  526 


INDEX. 


M. 


Maine,  State  of,  payment  to,  provided  for,  on  account  of  Massa- 
chusetts Claim,  .......       519 

Massachusetts  Agricultural  Society,  allowance  to,     .         .         .  .     514 

Message  of  Governor,  at  commencement  of  Session,  .         .       436 

"  "  transmitting  Resolutions  of  Legislature  of 

Alabama, 473 

**  "  returning  to  Senate  a  Bill  "  to  incorporate 

the  Pigeon  Cove  Harbor  Company,"     .       476 
"  "  transmitting     certain     documents     from 

Maine, 491 

"  "  transmitting  Resolutions  of  Legislature  of 

Ohio, 495 

"  "  informing  of  the  settlement,  in  part,  of 

the  Massachusetts  Claim,  .         .       504 

*'  "  transmitting  Resolutions  of  Legislatures 

of  several  States,  .         .         .  526 

"  "  informing  of  Gen.  Cromwell  Washburn's 

resignation,  .....      527 

Messinger,  Artemas  S.,  a  deaf  and  dumb  child,  to  be  placed  at 

Asylum, 497 

Militia,  better  organization  of,  recommended,  .         .         .       501 

Mill  Lane  School  District  in  Beverly,  proceedings  of,  confirmed,       520 
Minot,  William,  and  another,  trustees,  authorized  to  mortgage 

certain  real  estate,        .......       507 

Morse,  Nathan  P.  jr.,  a  deaf  and  dumb  child,  to  be  placed  at 

Asylum, .488 

Mulberry  Tree,  manual  respecting  growth  of,  to  be  compiled,  515 

Munroe,  Jonas,  administrator,  may  convey  certain  real  estate,          483 

N. 

Northbridge,  town  of,  allowance  to,  for  support  of  paupers,  518 

P. 

Parker,  late  Chief  Justice,  allowance  to  estate  of,           .            .  470 

Pension  granted  to  Martin  Wheelock, 477 

"        balance  of,  granted  to  Eliza  Jennings,          .          .  486 

"        granted  to  Samuel  F.  Arnold,            .          .          .         .  492 

Petersham,  town  of,  allowance  to,  for  support  of  paupers,  496 
Prison  Discipline  Society,  5th  Report  of,  to  be  purchased  for 


vi  INDEX. 

Legislature,  ........       469 

Procter,  Nicholson,  administrator,  may  file  certificate  of  sale  of 

real  estate,  &c.,         ....  .  .  .       515 

R. 

Rail   Road   from   Boston  to   Lake  Ontario,   report   respecting 

route  for,  to  be  purchased,  .....       469 

Revolutionary  Soldiers,  lands  granted  to,  further  provisions  re- 
specting location  of,  .  .         .  .  .  -      .       487 

Rolls  of  Accounts,  audited  by  Committee  of  Accounts,  and  by 

Treasurer, 529,  535, 559, 563 


S. 


Sandwich  Monthly  Meeting,  overseers  of,  may  sell  certain  real 

estate,  .........       486 

School  Fund  in  Hopkinton,  trustees  of,  may  sell  certain  real  es- 
tate,        .       ,-,. 469 

Secretary,  directed  to  purchase   Report  respecting  Rail  Road 

from  Boston  to  Lake  Ontario,         .....       469 
Secretary  directed  to  purchase  5th  Report  of  Prison   Discipline 

Society, 469 

Secretary  directed  to  furnish  certain  Books  to  Courts  in  Barn- 
stable County, 502 

Secretary  directed  to  supply  certain  towns  with  complete  sets 

of  Reports,         ......  .  .       510 

Silk,  culture  of,  manual  to  be  compiled,  respecting,  .  .       515 

Springfield,  doings  of  town  of,  confirmed,  ....       488 

State  House,  a  Fire  Proof  Edifice  to  be  connected  with,  .       511 

State  Prison,  appropriation  for,  ......       514 

Stone,  Theodore,  guardian,  authorized   to  convey  certain  real 

estate, 492 

Stubbs,  E.    A.  K.   a  deaf  and  dumb  child,  to    be   placed   at 

Asylum,  ........       509 

Survey  of  the  Commonwealth,  further  provisions  respecting,  479 

Surveyor  of  the  Commonwealth,  directed  with  regard  to  a  por- 
tion of  the  town  of  Chilmark,         .         .  ^.,.  .         .       .       490 

Surveys  of  towns,  further  time  allowed  for  returnirig,^-       .   -      .       494 
Surveys  of  unincorporated  tracts,  &c.  to  be  made,  >       .  .       495 


INDEX.  vii 


T. 


Taxes  granted  to  the  several  Counties,          ....  500 

Towns  allowed  further  time  to  return  plans,  &,c.,           .           .  494 

Towns  to  be  furnished  with  complete  sets  of  the  Term  Reports,  510 

Treasurer  authorized  to  borrow  money,          ....  478 

"         directed  to  refund  certain  auction  duties,          .          .  484 
Tufts,  Turell,  administrator,  may  file  certificate  of  sale  of  real 

estate,  &c.          -          .......  516 

U. 

Unincorporated  tracts  of  land,  surveys  of,  to  be  made,  495 

W. 

Wheelock,  Martin,  pension  granted  to,          .         .          .  477 

Winchendon,  town  of,  allowance  to,  for  support  of  paupers,  496 
Wing,  Joshua,  and  others.  Overseers  &c.  may  convey  certain 

real  estate,         .          .          ......  486. 

Withington,  Relief,  guardian,  authorized  to  sell  certain  real  es- 
tate,      . .  49a 


RESOLVES  y 


H^ 


THE  GENERAL  COURT 

OF    THE 

Commontoealtf)  of  iHassadjusetts. 

PASSED  AT  THEIR  SESSION, 


WHICH    COMMENCED    ON    WEDNESDAY,    THE    TWENTY-FIFTH    OF       MAY,    AND    ENDED 
ON    THDRSDAY,    THE    TWENTY-THIRD    OF    JUNE,    ONE      THOUSAND    EIGHT 
HUNDRED    AND     THIRTY-ONE. 


33ublfsJ)eli  aHi^fpihls  to  a  BfBolbe  of  t1)e  sfi:t«nt|)  3la«uarp,  I8I2. 


33  0  !(3f  1 0  n : 

BUTTON  AND  WENTVVORTH,  PRINTERS  TO  THE  STATE. 

1831." 


CIYIL.   GOVERNMENT 

OF    THE 

<l^cmmonU)ealt!j  of  ^Hunmf^ximtinf 

FOR  THE  POLITICAL  YEAR  183L 


HIS  EXCELLENCY 

LEVI  LINCOLN,  ESaUIRE, 

GOVSRITOII. 

HIS  HONOR 

THOMAS  L.  WINTHROP,  ESU- 

IiIBUTEM-AITT  GOVERKOH. 


COUNCIL. 

HON.  RUSSEL  FREEMAN, 

«  AARON  HOBART, 

«  BEZALEEL  TAFT,  Jun. 

«  JAMES  SAVAGE, 

«  JOSEPH  KITTREDGE, 

«  JONATHAN  DWIGHT,  Jun. 

«  JOSIAH  J.  FISKE, 

«  JOHN  LOCKE, 

«  HENRY  HUBBARD. 


EDWARD    D.    BANGS,    ESaUIRE? 

Secretary  of  the  Commonweatth. 

JOSEPH  SEWALIi,  ESQUIRE, 

Treasurer  and  Receiver  General  of  the  Commonwealth. 


SENATE. 


HON.  L.ETERETT  SAL.TONSTAI.Ii, 

PRESIDENT. 


SUFFOLK  DISTRICT. 

Hon.  Charles  Wells,  Hon.  James  C.  Merrill, 

Alexander  H.  Everett,  Otis  Everett, 

George  Blake,  Benj.  T.  Pickman. 

ESSEX  DISTRICT. 

Hon.  Leverett  Saltonstall,      Hon.  Ebenezer  Bradbury, 
William  Thorndike,  William  Johnson,  Jr. 

Stephen  C.  Phillips,  Robert  Cross. 

MIDDLESEX  DISTRICT. 

Hon.  Nathan  Brooks,  Hon.  Asahel  Stearns, 

Daniel  Richardson,  Francis  Winship. 

Charles  Train, 

PLYMOUTH  DISTRICT. 

Hon.  Solomon  Lincoln,  Jr.     Hon.  Samuel  A.  Turner. 

NORFOLK  DISTRICT. 

Hon.  Christopher  Webb,         Hon.  John  Bailey. 
John  Endicott, 

BRISTOL  DISTRICT. 

Hon.  Nathan  C.  Brovi^nell,     Hon.  Samuel  French. 
Ebenezer  Daggett, 


SENATE.  573 

WORCESTER  DISTRICT. 

Hon.  John  W.  Lincoln,  Hon.  James  Draper. 

"  David  Wilder,  Rufus  Bullock. 

William  S.  Hastings, 

HAMPSHIRE  DISTRICT. 

Hon.  Chauncey  Clarke,  Hon.  Joseph  Cummings. 

HAMPDEN  DISTRICT. 

Hon.  Enos  Foote,  Hon.  John  Wyles. 

FRANKLIN  DISTRICT. 

Hon.  Elihu  Hoyt,  Hon.  Samuel  C.  Allen. 

BERKSHIRE  DISTRICT. 

Hon.  Wilbur  Curtis,  Hon.  Russell  Brown. 

BARNSTABLE  DISTRICT. 

Hon.  John  Doane. 

NANTUCKET  DISTRICT. 

Hon.  Barker  Burnell. 


Charles  Calhoun,  Clerk. 
W.  P.  Gragg,  Assistant  Clerk. 
Rev.  Alonzo  Potter,  Chaplain. 
Charles  C.  Cutting,  Page. 


HOUSE  OF  REPRESENTATIVES. 


HON.  WILLIAM  B.  CALHOUN, 

SPEAKER. 


COUNTY  OF  SUFFOLK. 


Asa  P.  Adams, 
Joseph  T.  Adams, 
Thomas  C.  Amory, 
Samuel  Appleton, 
Samuel  T.  Armstrong, 
Samuel  Aspinwall, 
Samuel  Austin,  jr. 
Levi  Bartlett, 
Francis  Bassett, 
Daniel  Baxter,  jr. 
Adam  Bent, 
Ninian  C.  Betton, 
John  Binney, 
George  Bond, 
James  Bowdoin, 
Noah  Brooks, 
Joseph  T.  Buckingham, 
David  L.  Child, 
John  B.  Davis, 
Joseph  H.  Dorr, 
Thomas  Edmands, 
William  H.  Eliot,       > 
Jabez  Ellis, 
Henry  Farnam, 


HOUSE  OF  REPRESENTATIVES.        575 

Boston^  -^  Luther  Faulkner, 

Joshua  B.  Flint, 
^'  Henry  H.  Fuller, 

Elbridge  Gerry, 
.    George  Hallet, 
Richard  D.  Harris, 
Prentiss  Hobbs, 
^    Samuel  Hubbard,  ri 
George  Jackson, 
Thomas  Kendall, 
^    William  Lawrence, 
Winslovv  Lewis, 
Charles  Lincoln, 
Ebenezer  H.  Little, 
William  P.  Mason, 
'    Thomas  Melvill, 
-     Thomas  Minns, 
'-    David  Moody, 

Thomas  Motley, 
^   Henry  J.  Oliver, 
^   William  F.  Otis, 
William  Parker, 
John  S.  Perkins, 
^    Thomas  W.  Phillips, 
^    Edward  G.  Prescott, 

Jeffrey  Richardson, 
-^   James  Ridgway, 
^   Benjamin  Russell, 
^    Israel  Thorndike,  jr. 

Lynde  M.  Walter, 
^    Redford  Webster, 
^     John  B.  Wells, 
John  Wheelwright, 
Nathaniel  L.  Williams, 


676         HOUSE  OF  REPRESENTATIVES. 

Boston. 


Chelsea, 


Amesbury, 


Andover, 
Beverly, 
Boxford, 
Bradford, 

Danvers, 


Essex, 
Gloucester, 


Hamilton, 
Haverhill, 
Ipswich, 

Lynn, 


Edmund  Wright,  jr. 
Winslow  Wright, 
Joseph  Stowers, 


COUNTY  OF   ESSEX. 


Robert  Patten, 
Patten  Sargent, 
Stephen  Sargent,  jr. 
Gayton  P.  Osgood, 
Robert  Rantoul, 
Charles  Peabody, 
Jesse  Kimball, 
George  Savary, 
John  Page, 
Nathan  Poor, 
John  Preston, 
William  Sutton, 

Elias  Davison, 
Samuel  Giles, 
John  Gott, 
John  Johnston, 
Ezra  Leonard, 
Solomon  Poole, 
Aaron  Plumer, 
WiUiam  Procter,  jr. 

Caleb  B.  Le  Bosquet, 
Joseph  Dennis, 
George  W.  Heard, 
William  B.  Breed, 
Jonathan  Buffum, 
Joseph  Currier, 
Jacob  Ingalls, 


HOUSE  OF  REPRESENTATIVES.        577 


Lynn, 


Lynnjieldj 

Manchester, 

Marhlehead, 


Methuen, 

Middleton, 

Newbury, 


Newburyport, 


Rowley, 
Salem, 


Salisbury^ 


Stephen  Oliver, 
Francis  S.  Newhall, 
Eleazcr  C.  Richardson, 
John  Upton,  jr. 
John  Knight, 
WiUiam  B.  Adams, 
WilHam  Hawks, 
Frederick  Robinson, 
John  Sparhawk,  jr. 
John  Russ, 

Joseph  Gerrish, 
Moses  Little, 
Silas  Moody, 
William  S.  Allen, 
Charles  H.  Balch, 
Thomas  M.  Clark, 
William  Davis, 
William  Faris, 

Holten  J.  Breed, 
Benjamin  F.  Browne, 
Nathaniel  Frothingham, 
Asahel  Huntington, 
Charles  Lawrence, 
William  Mansfield, 
Warwick  Palfray,  jr. 
Francis  Peabody, 
Richard  S.  Rogers, 
William  Ropes, 
Michael  Shepard, 
John  Colby, 
Cyrus  Dearborn, 
Reuben  Evans, 


75 


578 


HOUSE  OF  REPRESENTATIVES. 


Saugus, 

Abijah  Cheever, 

Top^field, 

Wenham, 

Moses  Foster, 

West  Newbury, 

Eliphalet  Emery, 

Moses  Newell, 

COUNTY 

OF  MIDDLESEX. 

Acton,  - 

Francis  Tuttle, 

Ashby, 

Abraham  Edwards, 

Bedford, 

John  Merriam, 

Billerica, 

Zadock  Howe, 

Brighton, 

Abraham  Edwards, 

Burlington, 

William  Winn, 

Cambridge, 

Timothy  Fuller, 

James  Hayward, 

Levi  Parker, 

Abraham  P.  Sherman, 

William  J.  Whipple, 

Thomas  Whittemore, 

Carlisle, 

Charlestown, 

Nathaniel  Austin, 

Benjamin  Brintnall, 

« 

Edward  Cutter, 

John  Harris, 

Oliver  Holden, 

Lot  Pool, 

-  Benjamin  Thompson, 

Chelmsford  i 

Concord, 

Joseph  Barrett, 

Dracut, 

Coburn  Blood,  jr. 

Dunstable, 

East  Sudbury, 

Framingham, 

Luther  Belknap, 

Groton, 

John  Boynton, 

HoUiston, 

Abner  Johnson, 

HOUSE  OF  REPRESENTATIVES. 


579 


Hopkinto7i, 
Lexington, 

Lincoln, 

Littleton, 

Loivell, 


Maiden, 

Marlborough, 

Medford, 

Natick, 

Newton, 

Pepperell, 
.  Reading, 

Sherburne, 
Shirley, 

South  Reading, 
Stoneham, 
Stow  4r  Boxboro^ 

Sudbury, 

Tewksbury, 

Townsend^ 

Tyngsborough, 

Waltham, 

Watertown, 

West  Cambridge, 


Ambrose  Morell, 
Charles  Reed, 
George  Russell, 
Joel  Marshall,     , 
Kirk  Boott, 
Eliphalet  Case, 
Artemas  Holden, 
John  S.  C.  Knowlton, 
John  P.  Robinson, 
Joshua  Swan, 
Edward  Wade, 

Turell  Tufts, 
William  Farriss, 
William  Jackson, 
John  Kenrick, 
Abel  Jewett, 
Eliab  Parker,  jr. 
Warren  Perkins, 


Lilley  Eaton, 
John  H.  Wright, 
Lyman  Biglow, 
James,  B.  Brown, 
John  Hunt, 
Alpheus  Smith, 

Joseph  Butterfield, 
Amos  Harrington, 
David  Townsend, 
Charles  Bemis, 
Levi  Thaxter, 
Benjamio  Locke, 


580 


HOUSE  OF  REPRESENTATIVES. 


Westford, 


Weston, 

Samuel  Hobbs, 

Wilmington, 

Woburn, 

Marshal  Fowle, 

Stephen  Nichols, 

John  Wade, 

COUNTY 

OF  WORCESTER. 

Ashburnham, 

Nathaniel  Pierce, 

Athol, 

Barre, 

Archibald  Black, 

Gardiner  Ruggles, 

Berlin, 

Jonathan  D.  Meriam, 

Bolton, 

Amory  Holman, 

Boylston, 

Ward  Cotton, 

Brookfield, 

Abraham  Skinner, 

Charlton, 

Jonathan  Winslow, 

Dana, 

Reuben  Sibley, 

Douglas, 

David  Holman, 

Dudley, 

Abiel  Williams, 

Fitchburg, 

Isaiah  Putnam, 

Zechariah  Sheldon, 

Gardner, 

Timothy  Heywood, 

Grafton, 

Harry  Wood, 

Hardwick, 

Harvard, 

Holden, 

Asa  Broad, 

Hubbardston, 

Henry  Prentiss, 

Moses  Waite, 

Lancaster, 

Davis  Whitman, 

Leicester, 

John  Hobart, 

John  King, 

Leominster, 

Wilder  Carter, 

Carter  Gates, 

Lunenburg, 

HOUSE    OF  REPRESENTATIVES.       581 


Mendon, 

Milford, 

Millbury, 

New  Braintree, 

Northboroiigh, 

Northbridge, 

North  Brookjield, 

Oakham, 

Oxford, 

Paxion, 
Petersham, 

Phillipsion, 

Princeton, 

Royalston, 

Rutland, 

Shrewsbury, 

Southboro^ 

Southbridge, 

Spencer, 

Sterling, 

Sturbridge, 

Sutton, 

Templeton, 


Benjamin  Davenport, 
Welcome  Farnum, 
Dan  Hill, 
Daniel  Thurber, 
Henry  Nelson, 
Newell  Nelson, 
Asa  Waters, 
Simeon  Waters, 
Joseph  Bowman, 
Prentiss  Keyes, 
Sylvanus  Holbrook, 
Tyler  Batcheller, 
Washington  Allen, 
Ira  Barton, 
Alexander  De  Witt, 
Tyler  Goddard, 
Joseph  Gallond, 
Micajah  Reed, 
Abel  White, 
Charles  Russell, 
Franklin  Gregory, 
Daniel  King, 
Nymphas  Pratt, 
Francis  B.  Fay, 
Larkin  Ammidown, 
Walton  Livermore, 
Moses  Sawyer, 
Jonathan  Wilder, 
James  Johnson, 
Roswell  Warner, 
Joshua  Armsby, 
Jonas  L.  Sibley, 
Samuel  Lee, 


582 


HOUSE  OF  REPRESENTATIVES. 


Upton, 

Uxbridge, 

Samuel  Read, 

George  Willard, 

Ward, 

Westborough, 

Joshua  Mellen, 

West  Boylston, 

Robert  B.  Thomas, 

Western, 

Pardon  Allen, 

Westminster, 

Charles  Hudson, 

Cyrus  Winship, 

Winchendon, 

William  Brown, 

Worcester, 

Otis  Corbet, 

Alfred  D.  Foster, 

Jubal  Harrington, 

COUNTY  OF 

HAMPSHIRE. 

Amherst, 

Zebina  Dickinson, 

John  Leland, 

Belchertown, 

Chesterfield, 

Samuel  Davis, 

Cummington, 

Jonathan  Dawes, 

Easthampton, 

Luther  Clark, 

Enfield, 

Granby, 

Samuel  Ayres, 

Goshen, 

Greenwich, 

Hadley, 

Moses  Porter, 

Hatfield, 

Oliver  Smith, 

Middlefield, 

George  W.  McElwain, 

Northampton, 

Eliphalet  Williams, 

Norwich, 

Joseph  Stanton, 

Pelham, 

Ziba  Cook, 

Plainfieldf 

Erastus  Bates, 

Prescott, 

Simon  Stockwell, 

South  Hadley, 

Joel  Hayes, 

HOUSE  OF  REPRESENTATIVES. 


683 


Southampton, 
Ware, 

Westhampton, 
Williamsburg, 
Worthington, 


Blandford, 
Briujield, 

Chester, 

Granville, 

Longmeadow, 

Ludlow, 

Monson, 

Montgomery, 

Palmer, 

Russell, 

Southivick, 

Springfield, 


Timothy  Clark, 
Aaron  Gould, 
Joel  Rice, 
Bela  P.  Clapp, 
Elisha  Hubbard,  Jr. 
William  Ward, 

COUNTY  OF  HAMPDEN. 

Orin  Sage, 
Issachar  Brown, 
Festus  Foster, 
William  Henry, 
Jonathan  B.  Bancroft, 
Elisha  Burnham, 
Theodore  Sikes, 
Philip  Gage, 
John  Crow, 
Joseph  Lee, 


Tolland, 

Wales  and  Holland, 

Westjield, 

West  Springfield, 
Wilbraham, 


Amasa  Holcomb, 
George  Bliss, 
James  Byers, 
William  B.  Calhoun, 
William  Child, 
Silas  Stedman, 
Eleazer  Williams, 
Henry  Bliss, 
Charles  Gardner, 
Elias  Cadwell, 
Henry  Fowler, 
James  Kent, 
Moses  Burt, 
William  S.  Burt 


584     HOUSE  OF  REPRESENTATIVES. 
COUNTY  OF  FRANKLIN. 


Ashfield, 

Henry  Bassett, 

Roswell  Ranney, 

Bernardston, 

John  Brooks, 

Buckland, 

John  Porter, 

Charlemont, 

John  Fisher, 

Colraine, 

John  Wilson, 

Conway, 

Charles  E.  Billings, 

Deerfieldf 

Stephen  Whitney, 

Gill, 

Greenfield, 

Isaac  Newton,  2d. 

Thomas  Nims, 

Haivley, 

Edmund  Longley,  Jr. 

Heath, 

Samuel  Hastings, 

Leverett, 

Isaac  Woodbury, 

Leyden, 

Elisha  Chapin, 

Monroe, 

Montague, 

Jonathan  Hartwell, 

New  Salem, 

Ebenezer  Torrey, 

Northfield, 

Isaac  Prior, 

Orange, 

Parley  Barton, 

Rowe, 

Noah  Wells, 

Shelburne, 

Ira  Arms, 

Shutesbury, 

Benjamin  Winter,  Jr. 

Sunderland, 

Gardner  Dorrancc, 

Warwick, 

Joseph  Stevens, 

Wendell, 

Jonathan  Brown, 

Whately, 

Thomas  Crafts, 

COUNTY  OF  BERKSHIRE. 

Adams,  William  E.  Brayton, 

Isaac  U.  Hoxie, 


HOUSE  OF  REPRESENTATIVES. 


585 


Adams, 

Alford, 

Becket, 

Cheshire, 

Clarksburg, 

Dalton, 

Egremont, 

Florida, 

Great  Barrington, 

Hancock, 

Hinsdale, 

Lanesborough, 

Lee, 

Lenox, 

Mount  Washington, 

New  Ashford, 

New  Marlboro^ 

Otis, 

Peru, 

Piitsjield, 


Richmond, 

Sandisfield, 
Savoy, 
Sheffield, 
Stockb  ridge, 
Tyringham, 
Washington, 
West  Stockbridge, 
Williamstown, 


James  Wilbur, 
Hugo  Dewey,  Jr. 
Eliada  Kingsley, 
Nathan  Sayles, 

Zenas  Crane, 
Joel  Crippen, 

Ralph  Taylor, 
Samuel  W.  Wilson, 
Ichabod  Emmons, 
William  H.  Tyler, 
Riley  Loomis, 
Stephen  Thatcher, 
James  W.  Robbins, 


Benjamin  Wheeler,  Jr. 
Samuel  Picket, 
Cyrus  Stowell, 
Jonathan  Allen,  2d, 
Hosea  Merrill,  Jr. 
Jirch  Stearns, 
Nathan  Willis, 
John  Sherrill, 
Jabez  Bosworth, 
William  Ingraham, 
Elisha  Kellogg, 
Sewell  Sergeant, 
Egbert  B.  Garfield, 
William  Noble, 
Melancton  Lewis, 
Daniel  N.  Dewey, 


76 


586 


HOUSE  OF  REPRESENTATIVES. 


Williamstown, 
Windsor, 


Ebenezer  Foster, 
Josiah  Allen. 


COUNTY  OF  NORFOLK. 


Bellingham, 

Braintree, 

Brookline, 

Canton, 

Cohasset, 

Dedham, 

Dorchester, 


Foxhorough, 

Franklin, 

Medfield  and  Dover, 

Milton, 

Medivay, 

Needhatn, 

Quincy, 

Randolph, 

Roxbury, 


Sharon, 
Stoughton, 
Walpole, 
Weymouth, 


John  C.  Scammell, 
Joseph  Richards, 
John  Robinson, 
Elijah  Spare, 
Nicholas  Tower, 
Theron  Metcalf, 
Ebenezer  Clap, 
Benjamin  Fuller, 
Samuel  P.  Loud, 
Stephen  Robinson, 
Melatiah  Everett, 
Willis  Fisher, 
Calvin  Richards, 
John  Ruggles, 
Warren  Lovering, 
Joseph  L.  Richardson, 
Charles  Rice, 
John  Souther, 
David  Brigham, 
Seth  Mann, 
John  Champney, 
Isaac  Davis, 
Jonathan  Dorr, 
Charles  Durant, 
Samuel  J.  Gardner, 
Benjamin  P.  Williams, 
Jeremiah  Richards, 
Abner  Drake, 
Joseph  Hawes, 
Lemuel  Humphrey, 


HOUSE  OF  REPRESENTATIVES. 

TVey mouth,  Leonard  Tirrell, 

Noah  Torrey, 

Wrentham,  Oliver  Felt, 

Lucas  Pond, 
Allen  Tillinahast. 


587 


Attleborough, 

Berkley, 

Dartmouth, 

Dighton, 

Easton, 

Fair  haven, 

Freetown, 

Mansfield, 

New  Bedford, 


Norton, 

Pawtucket, 

Raynham, 

Rehoboth, 

Seekonk, 

Somerset, 
Swanzey, 

Taunton, 
Troy, 


COUNTY  OF  BRISTOL. 

Abijah  M.  Ide, 
Adoniram  Crane, 
Joseph  GifFord, 
Nehemiah  Walker, 
Elijah  Howard,  Jr. 
Joseph  Whelden, 
Ephraim  Atwood, 
Hezekiah  Skinner, 
Thomas  A.  Greene, 
Benjamin  Lincoln, 
Thomas  Mandell, 
Charles  W.  Morgan, 
William  C.  Nye, 
Cromwell  Leonard, 
Elijah  Ingraham, 


Wooster  Carpenter, 
Seth  Whitmarsh,. 

John  Earl, 
Benajah  Mason, 
Francis  Baylies, 
Nathaniel  B.  Borden, 
Foster  Hooper, 
Frederick  Winslow, 


588 


HOUSE  OF  REPRESENTATIVES. 


Westport, 


Abner  B.  Gifford, 
James  H.  Handy. 


COUNTY  OF  PLYMOUTH. 


Abington, 

James  Bates, 

John  Gushing, 

Micah  Pool, 

Bridgewater, 

Nathan  Lazell,  Jr. 

Holmes  Sprague, 

Carver, 

Lewis  Pratt, 

Duxbury, 

Seth  Sprague,  Jr. 

Gershom  B.  Weston, 

East  Bridgewater, 

Ezra  Kingman, 

Halifax, 

Jabez  P.  Thompson, 

Hanover, 

William  Morse, 

Hanson, 

Joshua  Smith, 

Hingham, 

Marshal  Lincoln, 

Thomas  Loring, 

Nicholas  B.  Whitney, 

Hull, 

Kingston, 

Spencer  Bradford, 

Marshfield, 

John  Ford,  Jr. 

Edward  P.  Little, 

Middleboro^ 

Elisha  Clarke,  Jr. 

Hercules  Cushman, 

Ziba  Eaton, 

Andrew  Haskins, 

Silas  Pickens, 

Samuel  Thompson, 

North  Bridgewater, 

Eliphalet  Kingman, 

Jesse  Perkins, 

Pembroke, 

Morrill  Allen, 

HOUSE  OF  REPRESENTATIVES. 


589 


Plymouth, 


Plympton, 
Rochester, 
Scituate, 


Wareham, 

West  Bridgeivater, 


Isaac  Bartlett, 
James  Collins,  Jr. 
Allen  Danforth, 
Caleb  Rider, 
Bridgham  Russell, 
Jonathan  Parker, 
Joseph  Meigs, 
Ebenezer  T.  Fogg, 
Samuel  Tolman,  Jr. 
John  B.  Turner, 
Thomas  Savary, 
William  Baylies. 


COUNTY  OF  BARNSTABLE. 


Barnstable, 


Brewster, 
Chatham, . 

Dennis, 

Eastham, 
Falmouth, 

Harwich, 

Orleans, 

Provincetown, 

Sandwich, 

Truro, 


Henry  Crocker, 
David  Hinkley, 
William  Lewis, 
Charles  Marston, 
Jeremiah  Mayo, 
Joseph  Atwood, 
Joshua  Nickerson, 
John  Baker, 
Oren  Howes, 
Samuel  Knowles, 
Thomas  Fish, 
Elijah  Swift, 
Isaiah  Chase, 
James  Long, 
Sparrow  Horton, 
John  Kenrick, 
Isaac  Small, 
Shadrack  Freeman, 
John  Kenny, 


690  HOUSE  OF  REPRESENTATIVES. 

Truro,  James  Small, 

Wellfleet,  Thomas  Holbrook,  2d. 

Benjamin  R.  Witherell, 
Yarmouth,  Isaiah  Crowell, 

Charles  Hallett. 

DUKES'  COUNTY. 

Chilmark,  'Smith  Mayhew, 

Edgartown,  Leavitt  Thaxter, 

Tisbury,  Eliakim  Norton. 

COUNTY  OF  NANTUCKET. 

Nantucket,  Hezekiah  Barnard, 

David  Baxter, 
Isaac  Folger. 


Pelham  W.  Warren,  Clerk. 


Jacob  Kuhn,  Messenger  to  the  General  Court. 
Elijah  W.  Cutting,  Assistant  Messenger. 
Charles  Pitts,  Page  to  the  House. 


o 


RESOLVES 

*  OF 

THE  GENERAL  COURT 

OF  THE 

COMMONWEALTH  OF  MASSACHUSETTS. 

PASSED  AT  THEIR  SESSION, 

WHICH  COMMENCED  ON  WEDNESDAY,  THE  TWENTY-FIFTH  OF  MAY,  AND  ENDED. 

ON  THURSDAY,  THE  TWENTY-THIRD  OF  JUNE,  ONE  THOUSAND 

EIGHT  HUNDRED    AJVD    THIRTY-ONE. 

GOTERNOR'S  SPEECH. 

REPRESENTATIVES'  CHAMBER..  MAY  30,  1831. 

The  two  Houses  having  assembled  in  Convention^  agree* 
ably  to  assignment,  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  Secretary,  Treasurer,  and  Adjutant 
General,  and  delivered  the  following 

SPEECH : 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Representatives  : 

It  is  hardly  more  than  the  brief  space  of  two  months, 
since  your  predecessors,  on  retiring  from  the  seats  which 
you  occupy  in   these   halls,  announced,  that  they  had 


592  GOVERNOR'S  SPEECH. 

p'assed  upon  all  the  public  business,  which  the  situation 
and  interests  of  the  Commonwealth  required.  The  in- 
tervening period  between  that  and  the  present  moment, 
fruitful  as  it  has  been  in  surprising  and  momentous 
events  of  general  political  concernment,  has  yet  pro- 
duced few  new  subjects  for  local  legislation.  I  might, 
therefore,  seem  well  excused  from  a  formal  address  to 
you,  on  this  occasion,  but  for  a  venerable  custom,  hal- 
lowed by  feeling  and  hitherto  honored  in  the  observance, 
which,  on  the  annual  organization  of  the  Government, 
calls  upon  the  individual,  designated  by  the  suffrages  of 
his  fellow-citizens  to  the  first  Executive  Office  in  the 
State,  to  offer  to  his  constituents  an  expression  of  re- 
spectful and  grateful  acknowledgment,  and  in  this  pres- 
ence, personally  to  pledge  himself,  in  faithfulness  and 
diligence,  with  integrity  of  heart,  and  the  best  powers 
of  his  understanding,  to  the  assigned  duties  of  his  sta- 
tion. This  renewed  acknowledgment,  deeply  felt,  and 
more  than  doubly  due  for  repeated  proofs  of  unmerited 
favor  manifested  towards  me,  and  this  pledge  of  fidelity 
again  humbly  tendered  in  the  singleness  and  sincerity  of 
a  devoted  purpose,  I  now  pray  you,  as  the  Representa- 
tives of  those  constituents,  to  accept. 

But  notwithstanding  the  attention  given  by  the  last 
Legislature  to  matters  of  former  discussion,  there  are 
some,  and  those  not  the  least  interesting,  which,  for  want 
of  a  definite  and  ultimate  disposition  of  them,  remain 
for  your  consideration.  The  great  measure  of  State 
amendment  and  reform,  demanded  by  the  universal  ex- 
pression of  public  sentiment,  is  in  a  reduction  of  the 
House  of  Representatives.  The  experience  of  every  year, 
and  of  none  more  authoritatively  than  the  past,  shows 
the  practical  inconveiiience  of  the  existing  apportionment 
of  representation.   A  deliberative  body,  greater  than  can 


GOVERNOR'S  SPEECH.  593 

be  accommodated  within  tlitr  hall  of  its  sittings,  fluctu- 
ating  and  changing,  both  in  the  numbers  and  character 
of  its  members,  irresponsible  in  their  individual  relation 
to  measures,  liable  to  be  aifected  by  every  local  and 
partial  cause  of  popular  excitement,  slow  in  the  pro- 
gress of  debate,  uncertain  and  dilatory  in  decision,  is  an 
evil  of  such  pernicious  tendency,  that  the  intelligence 
of  the  community  will  not  long  endure  its  continuance. 
The  expense  too,  when  the  cost  of  legislation  becomes 
to  the  full  one  third  of  the  whole  support  of  the  gov- 
ernment, is  a  well  grounded  cause  of  objection,  which 
a  spirit  of  republican  economy  should  not  be  slow  to  re- 
move. Through  all  the  debates,  which  have  so  frequent- 
ly and  earnestly  been  had,  on  this  subject,  there  has 
scarce  been  a  diversity  of  opinion  expressed,  in  respect 
to  the  expediency  of  reducing,  by  an  amendmei\t  of  the 
constitution,  this  unwieldy  and  cumbrous  delegation. 
The  manner  in  which  it  is  to  be  effected  has  been  the 
only  point  of  difficulty.  And  will  discerning  and  wise 
politicians  permit  themselves  perpetually  to  differ  in  this 
particular  ?  Being  agreed  in  the  principal  matter,  shall 
the  incident,  the  mere  mode  of  providing  the  remedy, 
be  the  insuperable  occasion  for  forever  submitting  to  an 
acknowledged  public  defect?  For  myself,  early  and 
strong  as  have  been  my  predilections  for  a  particular 
form  of  relief,  I  would  yield  whatever  is  short  of  a  sur- 
render of  the  principle  of  equal  representation,  and  a 
security  to  every  citizen  of  the  personal  right  of  being 
represented,  to  the  object  of  the  amendment.  The 
measure  seems  to  me,  more  than  any  other,  to  concern 
the  future  tranquilUfy  and  welfare  of  the  Commonwealth. 
It  cannot  cease  to  be  a  topic  of  excitement  until  it  shall 
be  accomplished.  The  inevitable  consequences  of  a 
continuance  of  the  present  system  must  be  a  constantly 
77 


594  GOVERNOR'S  SPEECH. 

increasing  House  of  Representatives,  protracted  ses- 
sions, augmented  and  grievous  expense,  and  from  these, 
if  no  other  causes,  an  unsatisfactory  administration  of 
the  government.  The  preventive  will  be  found  in  the 
adoption  of  a  just  and  equal  apportionment  of  Repre- 
sentatives upon  sucii  ratio  of  population  as  shall  limit  the 
House  to  a  reasonable  and  convenient  number  of  mem- 
bers. But  to  effect  this,  there  must  be  mutual  conces- 
sion and  compromise  of  opinions,  a  disinterested  and 
patriotic  surrender  of  personal  preferences  and  interests, 
and  a  generous  and  elevated  sentiment  of  regard  for  the 
public  good.  It  was,  indeed,  in  this  manner,  and  by 
such  a  spirit,  that  the  frame  of  our  government  was  orig- 
inally constructed,  and  the  same  pure  and  noble  princi- 
ples of  patriotism  and  of  duty,  which  distinguished  its 
authors  and  the  period  of  its  adoption,  may  now  secure 
its  modification,  and  better  conformity  to  the  state  of 
population,  and  the  condition  and  occasions  of  society, 
which  the  changes  of  time  have  produced.  I  respect- 
fully submit  to  you,  therefore,  that  the  importance  of  the 
subject,  in  connexion  with  the  consideration  that  an  at- 
tention to  it,  by  the  present  legislature,  may  result  in 
greatlv  hastening  the  relief  so  earnestly  desired,  should 
be  an  inducement,  even  at  this  unusual  season  for  en- 
gaging in  matters  productive  of  elaborate  and  protrac- 
ted debate,  to  attempt  the  first  step  in  this  process  of 
amendment. 

In  compliance  with  a  Resolve  of  the  last  Legislature, 
Commissioners  were  appointed  by  the  Executive,  "  to 
consider  the  expediency  of  providing  by  law  for  the  more 
equal  and  equitable  distribution  of  the  estates  of  Insol- 
vent Debtors,  for  the  abolishing  imprisonment  for  debt 
in  all  proper  cases,  and  for  making  such  further  revision 
in  the  existing  laws,  touching  Debtor  and  Creditor,  as 


GOVERNOR'S  SPEECH.  595 

thn  Commissioners  may  deem  expedient  and  proper." 
The  broad  scope  of  this  authority,  and  the  great  interest 
and  importance  of  the  subjects  it  embraced,  required 
that  it  should  be  committed,  with  more  tlian  common 
caution,  to  discreet  and  able  hands.  The  learning,  pro- 
fessional skill,  liberal  yet  just  opinions,  and  practical  ob- 
servation, which  will  be  found  united  in  the  character  of 
the  constituted  Board  of  Commissioners,  bespeak  for 
their  report  your  most  favorable  consideration.  It  is 
promised  immediately,  and  will  be  transmitted  to  you 
without  delay,  and  I  cannot  but  urgently  recommend, 
that  it  should  receive  that  attention,  which  is  alike  the 
dictate  of  sympathy  for  the  unfortunate,  and  of  sound 
policy  in  reference  to  the  business  and  requirements  of 
the  community.  Both  creditor  and  debtor  are  concern- 
ed in  a  revision  and  modification  of  the  existing  laws, 
and  in  the  enactment,  on  the  one  hand,  of  new  securities 
against  fraud,  and  the  interposition,  on  the  other,  of  a 
more  effectual  shield  from  oppression.  It  has  long  been 
felt  and  lamented,  that,  by  a  process  of  ftimiliar  resort, 
in  a  deed  of  assignment,  property  may  now  be  secured 
to  the  dishonest,  beyond  the  reach  of  justice,  and,  by  an 
abuse  of  the  power  of  coercion,  in  the  imprisonment  of 
person,  misery  may  be  inflicted  upon  the  destitute,  to  the 
gratification  of  avarice  or  malice.  Far  ren.oved  from 
such  ends  are  the  just  purposes  of  a  wise  government, 
and  it  is  noless  due  to  the  character  of  our  jurisprudence, 
than  to  the  true  interests  of  the  people,  that  neither 
temptation,  nor  opportunity,  should  be  allowed  to  elude 
or  pervert  those  purposes.  The  subject  is,  indeed,  one  of 
much  delicacy  and  difficulty  for  legislation,  but  the  pub- 
lic mind  will,  at  least,  be  instructed,  and  the  moral  sen- 
timent aroused  by  its  discussion,  and  even  should  no  de- 
terminate measure    of    remedy  for   present  evils  be,  at 


59G  GOVERNOR'S  SPEECH. 

once,  adopted,  the  c:\i.3teiiceofthcm  being  made  better 
understood,  their  removal  will  the  sooner  be  effected. 
The  change  which  will  be  occasioned  in  the  com- 
mencement of  the  political  year,  by  the  amendment  of 
the  constitution,  now  unquestionably  decided  by  the 
votes  of  the  people,  may  appear,  at  first  view,  to  create 
some  embarrassment  in  the  way  of  a  convenient  and 
seasonable  execution  of  the  prescribed  duty  of  making 
a  valuation  of  the  property  of  the  Commonwealth.  It  is 
true,  the  business  cannot  be  completed  by  the  present 
legislature,  without  the  unexpected  and  objectionable 
measure  of  a  special  session  of  this  numerous  body. 
The  lists  of  the  assessors,  which  are  to  furnish  the  enu- 
meration of  the  various  descriptions  of  property  to  be 
included  in  the  valuation,  and  are  made  the  basis  of  all 
the  subsequent  proceedings,  are  not  returnable  to  the 
secretary's  office  before  the  first  of  October  next,  and 
until  these  are  received  no  advance  can  be  made  in  the 
estimates.  But  to  omit,  at  this  time,  all  attention  to  the 
subject,  may  seriously  delay  and  embarrass  the  perfor- 
mance of  the  duty  by  the  next  legislature.  The  House 
of  Representatives,  in  the  present  manner  of  its  consti- 
tution, will  hardly  be  reduced,  whiie  this  matter  of  gen- 
eral concern  remains  to  be  disposed  of.  The  valuation 
has  too  direct  a  bearing  upon  the  relative  interests,  both 
of  municipal  corporations  and  of  individuals,  in  their 
liability  to  the  public  burdens,  as  well  as  upon  the  poli- 
tical rights  of  the  citizens  in  their  share  of  influence  in 
one  department  of  the  government,  to  be  regarded  with 
an  indifference  which  will  permit,  while  this  matter  is 
pending,  a  voluntary  diminution  of  the  representation. 
The  next  legislature,  therefore,  will  doubtless  be  sis  nu- 
merous, and  probably  even  more  so  than  the  present, 
and  increased  prejudice  will   result  to  the  public  inter- 


GOVERNOR'S  SPEECH.  597 

est,  should  there  be  no  preparation,  in  the  intermediate 
time,  other  than  by  a  mere  return  of  the  lists  of  the 
assessors,  towards  ascertaining  the  valuation.  It  would 
be  made  immediately  necessary,  upon  the  organization 
of  the  government  for  the  new  year,  to  appoint  a  com- 
mittee for  this  purpose,  and  thus  either  to  withdraw 
some  of  the  most  able  and  ofTicient  members  from  the 
general  business  of  legislation,  while  the  legislature 
itsolf  should  await  in  session  the  slow  progress  of  their 
labors,  or,  by  an  adjournment  to  give  opportunity  for  the 
service,  incur  the  expense  of  an  extra  session  for  the 
sole  object  of  receiving  and  acting  upon  their  report. 

Upon  very  careful  consideration,  it  is  not  perceived 
that  any  practical  objection  can  be  opposed  to  the 
adoption  of  a  middle  course  between  an  adjournment  of 
the  present  legislature  to  settle  the  valuation,  and  leav- 
ing the  whole  subject  for  attention  to  another  General 
Court.  May  not  a  committee  be  now  constituted,  in 
the  character  of  a  commiss'on,  to  receive  the  lists  of  the 
assessors,  and  with  instructions  to  prepare  therefrom, 
in  the  usual  manner,  schedules  and  estimates  of  the  re- 
lative and  aggregate  value  of  the  rateable  property  in 
the  city,  towns  and  districts,  respectively,  of  the  Com- 
monwealth, and  having  completed  the  work,  to  return 
the  lists  with  their  report  to  the  office  of  the  secretary? 
Over  this  report  the  succeeding  legislature  would  have 
the  same  control  as  over  the  lists  of  the  assessors.  Each, 
alike,  would  be  prepared  for  their  use.  Both  would  be 
laid  before  them.  They  would  be  referred  to  for  infor- 
mation only.  Neither  would  be  obligatory  upon  their 
mode  of  action.  The  legislature  might  at  pleasure 
even  reject  the  returns  of  the  assessors  and  direct  new 
lists  to  be  taken,  and  it  can  be  no  less  competent  to 
them,     at      their     election,    to    be    assisted     by    the 


598  GOVERNOR'S  SPEECH. 

report  of  the  committee.  The  doings  of  the  latter  will 
be  but  advisory,  in  matter  of  fact,  to  the  auihority  to 
which  they  are  submitted,  and  preparatory  to  the  work 
to  be  accomplished.  The  valuation,  and  that  only^  is 
the  duty  required  by  the  constitution,  and  the  evidence 
upon  which  it  is  made  can  in  no  wise  affect  its  validity. 
The  course  which  is  proposed  may  be  unusual,  and  in 
strictness  not  altogether  parliamentary;  but  if  there  is 
no  more  weighty  objection,  the  convenience  and  expe- 
diency of  adopting  it  will  alone  deserve  serious  consid- 
eration. The  difficulty,  which  has  often  been  stated  as 
arising  from  the  peculiarity  of  present  circumstances, 
has  induced  me,  with  much  diffidence,  to  make  these 
suggestions,  and  my  whole  object  will  be  answered  if 
they  sball  but  aid  your  deliberations  upon  the  subject. 

A  representation  made  to  me,  by  the  land  agent  of 
the  Commonvvealth,  of  extensive  trespasses  recently 
committed  upon  the  public  lands  in  the  neighborhood 
of  the  St.  John's  River  and  its  tributaries*,  in  the  state 
of  Maine,  requires,  that  I  should  present  to  you  the  oc- 
casion for  the  interposition  of  the  authority  of  the  legis- 
lature, to  their  prevention  in  future.  Many  of  those 
streams  are  navigable  with  boats  far  inland,  and  the 
valuable  timber  on  their  banks,  being  easily  obtained, 
is  greatly  exposed  to  depredation.  No  degree  of  vig- 
ilance, which  an  agent  can  exercise,  will  altogether  en- 
sure its  protection.  But  the  same  policy,  which  the 
government  has  applied  to  the  management  of  the  less 
remote  lands,  extended  to  these,  will  probably  be  the 
most  effectual.  By  the  sale  of  licenses  to  cut  timber,  it 
has  been  found,  that  while  the  value  is  generally  obtain- 
ed, less  is  often  taken  from  the  lands,  than  otherwise 
would  have  been  lost,  by  being  plundered.  The  pur- 
chaser becomes  interested  in  protecting  his  lot,  that  he 


GOVERNOR'S  SPEECH.  699 

may  save  to  himself  the  advantage  of  his  bargain  in  the 
quantity  of  lumber,  and,  buying  himself,  he  will  see  that 
others  do  not  obtain  it  without  price  from  contiguous 
lots,  to  be  enabled  to  undersell  him  in  the  traffic  of  the 
market.  Hence  he  is  induced  to  detect  and  expose  the 
lawless  trespasser.  Every  purchaser  thus  becomes  a 
watchman  over  the  property  of  the  state,  and  the  tim- 
ber is  preserved,  or  its  equivalent  secured,  by  reason  of 
the  interest  if  not  the  honesty  of  dealers.  An  authori- 
ty therefore  to  the  agent,  to  sell  permits  for  cutting  on 
the  lands  of  the  state,  in  the  neighborhood  of  the  St. 
John's,  Presque  Isle,  Machias  and  Aroostook  Rivers, 
and  to  take  measures  for  the  prevention  or  punishment 
of  trespasses  thereon,  is,  at  this  time,  manifestly  expe- 
dient. 

It  has  also  been  suggested,  that  highly  advantageous 
sales  of  land  might  be  effected,  by  surveying  several 
well  selected  townships  into  lots  and  offering  them  to 
actual  settlers  at  a  minimum  price  by  the  acre.  This 
plan  I  beg  permission  to  refer  to  your  inquiry  and  con- 
sideration. If  it  should  be  approved,  the  land  agent 
might  cause  the  surveys  and  make  the  sales,  without 
interference  with  the  other  business  of  his  office. 

From  the  interest  which  the  Commonwealth  might  be 
presumed  to  have  in  the  settlement  of  the  controverted 
question  of  the  North  Eastern  Boundary  of  the  United 
States,  not  only  as  a  member  of  the  confederacy,  but  as 
a  proprietor  in  common  with  the  state  of  Maine,  claim-  - 
ing  the  property  in  the  soil  of  the  disputed  territory,  I 
felt  it  a  duty  to  seek  the  earliest  information  of  any  de- 
cision which  had  been  made  in  the  case.  With  this 
view,  a  letter  was  addressed  by  me  to  the  President, 
respectfully  requesting  such  communications  on  the  sub- 
ject, as  in  his  judgment   would    not  be   incompatible 


600  GOVERNOR'S  SPEECtl. 

with  the  public  welfare.  In  compliance  with  this  re- 
quest, I  have  very  recently  been  furnished,  through  the 
department  of  state,  with  a  copy  of  the  award  of  the 
distinguished  Arbiter,  to  whom  the  respective  govern- 
ments of  the  United  States  and  Great  Britain  had  re- 
ferred the  decision  of  the  question,  and  with  accompany- 
ing voluminous  documents,  containing  the  statements 
and  arguments  on  behalf  of  the  parties;  all  of  which 
will  now  be  submitted  for  the  information  of  the  legisla- 
ture,  as  the  constituted  guardian  of  the  rights  of  the 
State. 

It  does  not  appear,  that  the  decision  of  the  Arbiter 
has,  as  yet,  been  accepted  by  either  government.  From 
a  comparison  of  the  terms  of  the  submission  with  the 
award,  it  must  be  manifest,  that  this  is  altogether  at 
their  option,  and  will  be  obligatory,  only,  when  concur- 
red in  by  both.  There  is  no  more  sound  or  better  es- 
tablished principle  of  political  as  well  as  municipal  law, 
than,  that  an  award,  to  be  binding,  must  pursue  the 
submission.  The  Arbiter  himself  hardly  professes  that, 
in  the  present  case,  this  has  been  done.  The  subject  in 
difference  was  the  practical  application  of  a  plain  and 
well  defined  description  of  boundary  to  the  face  of  the 
country.  The  whole  controversy  depended  upon  the 
ascertainment  of  the  single  point,  where  a  due  north  line, 
extended  from  the  source  of  the  River  St.  Croix,  would 
terminate  at  the  highlands,  in  conformity  with  the  ex- 
pression in  the  treaty  of  1783; — for  this  point  being 
found,  the  course  of  boundary  could  be  followed  with- 
out difficulty.  The  authority  to  the  Arrbiter  was  derived 
under  the  fifth  article  in  the  treaty  of  Ghent  of  1814, 
which  article  respected  the  mode  of  settling  the  boun- 
dary, according  to  the  description  of  the  former  treaty, 
and  a  convention,    agreed  upon  in    1827,   for  carrying 


GOVERNOR'S  SPEECH.  601 

that  article  into  effect.  It  was  a  limited  and  strict  author- 
ity. The  commission  to  the  Arbiter  had  no  broader 
scope,  in  this  particular,  than  to  satisfy  the  language 
used  in  the  treaty,  by  applying  it  to  the  certain  indica- 
tions of  the  country.  To  determine  the  actual  locality 
o{  di pre-existing  line,  and  not  to  create  and  define  a  new 
one,  was  the  object  of  the  reference.  This  indeed  was 
all  which  the  government  of  the  nation  had  the  power 
to  submit.  The  true  boundary  of  the  United  States,  on 
this  quarter,  was  the  boundary  of  the  state  of  Maine  also. 
The  sovereignty  of  the  latter  was  commensurate  with 
the  limits  of  the  territory  and  jurisdiction  of  the  former, 
and,  with  these,  the  right  of  property  in  the  soil,  in 
Maine  and  Massachusetts,  was  coincident.  It  lay  no 
more  in  the  power  of  tiie  general  government  to  surren- 
der the  most  remote  acre  of  this  property,  than  to  cede 
the  capital  of  either  state.  And  much  less  could  this 
power  be  delegated  to  a  foreign  Arbiter.  But  the  award 
has  adopted  a  new  boundary,  confessedly  neither  con- 
forming to  the  treaty,  nor  contended  for  by  either  of  the 
parties.  The  Arbiter,  in  lieu  of  the  Highlands,  has  ter- 
minated the  line,  north  of  the  St.  Croix,  in  the  bed  of  a 
river,  and  substituted  its  channel  for  a  ridge  of  land  di- 
viding the  waters  which  empty  themselves  into  the  St. 
Lawrence,  from  those  which  fall  into  the  Atlantic  Ocean, 
A  greater  departure  from  the  express  letter  of  an  author- 
ity cannot  well  be  imagined.  The  special  and  only 
purpose  of  the  reference  has  been  wholly  unsatisfied, 
and  the  question,  where  are  the  Highlands  which  con- 
stitute the  true  boundary  between  the  United  States  and 
the  British  Provinces,  is  no  better  settled  than  before 
the  arbitrament.  To  the  pretensions  of  the  states  di- 
ectly  interested  the  award  offers  the  greatest  violence. 
It  curtails  Maine  of  its  ample  dimensions,  already,  in 
78 


602  GOVERNOR'S  SPEECH. 

anticipation,  spread  over  with  a  hardy  and  vigorous  pop- 
ulation, raising  licr  to  the  first  rank  in  strength  and 
greatness  or  adding  another  member  to  the  family  of 
states,  abridges  her  jurisdiction  within  the  present  lim- 
its of  its  accustomed  exercise,  and  assigns  a  property  in 
two  millions  of  acres  of  land  claimed  by  her  and  Mas- 
sachusetts to  an  adversary  party.  It  will  be  seen  in 
the  documents,  that  the  Minister  Plenipotentiary  of  the 
United  States  resident  near  the  King  of  the  Netherlands, 
promptly  protested  against  the  award,  and  it  is  now  un- 
stood,  that  the  determination  of  our  own  government 
awaits  his  return,  for  expected  explanations  upon  the 
subject.  In  this  situation  of  the  business,  I  know  not 
that  any  thing  is  required,  or  can  with  propriety  be  done 
here.  I  have  been  but  too  recently  and  too  imperfect- 
ly advised  in  the  matter,  to  invite  you  to  any  definite 
action.  It  may  be  sufficient  for  the  security  of  the  fu- 
ture rights  of  the  state,  that  neither  the  authority  of  the 
Arbiter  shall  be  admitted,  nor  the  validity  of  his  decree 
be  assented  to,  by  us.  If  the  award  is  to  be  accepted, 
it  seems  to  me  it  must  be  upon  the  consent  of  the  states 
affected  by  the  issue,  and  in  compliance  with  a  recom- 
mendation to  the  compromise  and  termination  of  a 
controversy,  rather  than  in  submission  to  a  judg- 
ment which  might  not  be  rejected.  In  this  point  of 
view,  if  no  other,  it  is  proper  that  the  subject  should 
be  brought  before  you,  that  it  may  receive  your  present 
consideration,  and  be  hereafter  under  the  direction  of 
the  legislature,  in  reference  to  the  measures  which  cir- 
cumstances, at  any  time,  may  render  necessary. 

Since  the  communication  made  by  me  to  the  last  le- 
gislature of  the  payment  by  the  United  States,  of  a  sum 
exceeding  Four  Hundred  and  N'meteen  Thousand  dollars^ 
towards  the  claim  of   the  state  for  militia  services  dur- 


GOVERNOR'S  SPEECH.  GOS" 

ing  the  late  war,  I  have  received  from  the  Honorable 
Mr  Davis,  to  whom  the  management  of  this  business 
was  confided,  a  particular,  elaborate  and  interesting 
historic  report  of  liis  proceedings  in  the  conduct  of  his 
agency,  together  with  the  decisions  of  the  Secretary  of 
War  upon  the  subject.  It  is  thus  made  to  appear,  that 
the  allowance  by  the  Secretary  was  to  the  full  amount 
of  the  appropriation  by  Congress,  o^four  hundred  and 
thirty  thousand,  seven  hundred  and  forty -eight  dollars,  and 
twenty-six  cents.  But  upon  recurring  to  the  books  of 
the  treasury  it  was  found,  that,  soon  after  the  close  of 
the  war,  the  sum  of  eleven  thousand  dollars  had  been 
paid  to  an  authorized  agent  of  the  state,  by  order  of 
the  President,  on  account  of  a  small  portion  of  the  ser- 
vices, which  were  deemed  by  him  not  to  fall  within  the 
objections  to  other  parts  of  the  claim,  and  that  this  had 
been  charged  as  an  advancement  generally,  while  the 
items  of  the  service  continued  to  make  a  part  of  the 
account,  and  were  in  fact  included  in  the  allowance. 
In  the  payment,  therefore,  this  sum  was  deducted  from 
the  amount  allowed,  and  constitutes  the  exact  difference 
between  the  appropriation  and  the  money  last  received. 
It  is  not  perceived  that  any  objection  could  have  been  well 
urged  to  this  direction  of  the  Secretary.  The  state  has 
obtained,  on  account  of  the  claim,  as  it  was  exhibited, 
the  full  sum  which  the  actof  Congress  provided  towards 
its  payment. 

But  although  the  payment  was  thus  limited  by  the  ap- 
propriation, yet  as  the  Act  of  Congress,  in  its  very  terms, 
contained  an  authority  for  the  examination  and  settle- 
ment of  the  claim  generally,  it  was  manifest,  that  the 
intention  was  to  provide  for  an  adjustment  and  determi- 
nation of  the  controversy  between  the  Governments,  by 
a  final  liquidation  of  the  whole  account.     The  result  of 


604      -  GOVERNOR'S  SPEECH. 

a  previous  ex  parte  auditing  had  been  assumed,  for  the 
mere  purpose  of  fixing  a  sum  for  the  appropriation,  but 
that  result  was  not  adopted  with   a  view  to  impose  any 
restriction  upon  the  rights  of  the  State.     On   the   con- 
trary, the  authority  to  the  Secretary  to  cause  the   claim 
to  be  again    examined,  excluded    a  reference  to  former 
proceedings,   and  subjected  the  case,  under  the    direc- 
tion of  this  Officer,  to  a  new  process   of  investigation. 
When  the  decision  of  the  Secretary  was  made  known  to 
the    agent,  it  was  distinctly    seen,  that   the  allowances 
had  been    confined  exclusively   to  those  charges  in  the 
account  which  had  been  found  admissible  upon  the  pre- 
vious auditing.     These  only  had  been  the  subject  of  re- 
vision, and  had  again  passed  the  scrutiny  of  a  strict  ex- 
amination, both  upon  principle,  and   in  the  proofs.     A 
large    amount   remained   yet    wholly  untouched.     The 
agent  now   proposed  to  the  Secretary   that,  as   to  this 
part  of  the  account,  the  examination  should  be  procee- 
ded in,    and   strenuously    urged,   in    an    able,    and,    as 
I  trust  it  will  appear  to  you,  conclusive  argument,  that 
such   was  the    meaning    and    intention   of  the  Act   of 
Congress.     He  represented,  that,  in  point  of  fact,  many 
of  the  services  were  of  the  precise  character,   and  could 
be  maintained  by    the  same  satisfactory  evidence,  with 
those  which  had  been   allowed  ;  that   the   arrangement 
and  classification    of  them,  under  the  former   auditing, 
had  been  conducted  upon    different  principles  and   un- 
der another  direction     than   the  present  reference,  and 
entirely  without  opportunity  for  explanation  or  hearing, 
at  the  time,  on   the  part    of  the  state,    and,    that,  even 
upon  such  examination,  the  auditor   had    reported  them 
but  in  part  inadmissible,  and  in  part  suspended  for  further 
inquiry  only.     The  agent,  therefore,  earnestly  requested 
that  he  might  now  be  admitted  to  endeavor  to   remove 


GOVERNOR'S  SPEECH.  605 

the  objection  lo  the  charges  which,  under  such  circum- 
stances, had  been  supposed  to  be  inadmissil^e,  and  to 
support  and  establish  those  which  ,vere  suspended  for 
consideration  or  proof.  To  this  request  the  Secretary 
uhimately  declined  to  accede,  upon  the  ground  of  want 
of  authority,  both  by  reason  of  the  Hmitation  of  the  ap- 
propriation which  had  already  been  satisfied,  and  upon 
a  construction  given  by  him  to  the  terms  of  the  act, 
which  restrained  its  application  to  the  personal  services 
only  of  the  troops,  that  is,  to  their  mere  pay  or  wages, 
to  the  exclusion  of  rations,  forage,  fuel,  transportation, 
hospital  stores,  munitions,  &c.  ; — a  construction,  not 
only  unexpected  and  extraordinary,  but  which  had  been 
either  wholly  overlooked  or  practically  disregarded,  in 
the  very  allowances  just  before  made. 

The  report  of  the  agent,  with  the  letters  of  corres- 
pondence appended  and  referred  to  therein,  will  ex- 
plain the  points  in  difference  between  him  and  the  Sec- 
retary, and  enable  you  to  judge,  with  what  pertinency 
or  force  the  objection  to  proceeding  to  the  full  examina- 
tion and  settlement  of  the  whole  claim  was  taken  by  the 
latter.  The  agent  will  be  instructed,  in  proper  time,  to 
present  the  subject  again  to  the  head  of  the  department, 
and  if,  from  deference  to  the  decision  which  has  been 
had,  or  from  any  other  cause,  the  appeal  shall  be  inef- 
fectual, relief  must  be  sought  in  the  interposition  of 
Congress.  That  it  will  be  obtained,  here,  there  is  no 
room  to  doubt.  A  large  part  of  the  unsatisfied  balance 
is  susceptible  of  as  clear  and  certain  evidence  in  its  sup- 
port, as  any  part  of  the  account  which  has  been  admit- 
ted and  paid.  It  is  exposed  to  no  objection  in  princi- 
ple, which  the  late  Act  of  Congress  did  not  remove,  and 
much  is  of  a  character  to  be  the  most  favorably  regar- 
ded.    The  justice    of  the  Nation,  and  the  faith  of  the 


606  GOVERNOR'S  SPEECH. 

government,  are  now  alike  pledged  to  its  equitable   set- 
tlement. 

The  money  received  from  the  general  government 
has  been  disposed  of,  in  the  manner  directed  by  sundry 
resolves  of  the  legislature.  After  deducting  from  the 
amount  sufficient  to  indemnify  the  Commonwealth  for 
charges  heretofore  paid,  and  for  future  probable  expen- 
ses in  the  prosecution  of  the  claim,  the  sum  of  one  hun- 
dred and  thirty-two  thousand,  two  hundred  dollars,  be- 
ing one  third  of  the  balance,  has  been  paid  to  the  state 
of  Maine.  Two  hundred  and  eighty-one  thousand  dol- 
lars, the  remaining  two-thirds,  inclusive  of  the  sum  re- 
tained for  past  expenses,  has  been  invested  in  loans  to 
various  banks  in  the  city  of  Boston,  upon  negotiable 
notes  bearing  an  interest  of  five  per  cent,  per  annum, 
payable  semi-annually.  Of  this  latter  amount,  one  hun- 
dred and  forty-eight  thousand  dollars  is  made  redeem- 
able in  twenty  years.  The  notes  for  the  residue  were 
taken,  at  first,  on  demand,  but  others  are  to  be  substitu- 
ted payable  at  the  same  distant  period,  as  soon  as  an 
arrangement  can  be  made  for  their  exchange.  This 
mode  of  investment  was  advised  by  experienced  and 
skilful  financiers,  in  preference  to  a  subscription,  on  the 
part  ofthe  state,  to  the  stock  in  the  banks.  It  will  be 
less  troublesome,  and  probably,  equally  productive.  Se- 
curities payable  at  so  remote  a  period,  may,  at  any  mo- 
ment, advantageously  be  converted  into  money  in  the 
market,  and  at  this  time,  especially,  would  command  a 
considerable  advance  upon  their  nominal  value.  The 
investment  as  a  permanent  one  is  altogether  safe  and  at 
as  high  a  rate  of  interest  as  could  be  obtained. 

I  have  thus  far,  gentlemen,  ventured  upon  your  indul- 
gence while  I  have  adverted  to  subjects,  which,  from 
their  prominent  and  acknowledged  importance,  or  their 


GOVERNOR'S  SPEECH.  607 

special  urgency,  have  the  first  and  highest  claim  to 
your  attention.  It  cannot  be  useful,  nor  would  it  com- 
port \"»ith  the  respect  which  is  due  to  a  recent  express- 
ion of  pubHc  sentiment,  to  propose  matters  for  consid- 
eration at  this  time,  which  may  be  postponed,  without 
prejudice,  to  a  more  leisure  season. 

The  frequency  and  freedom  of  our  political  elections 
afford  constant  opportunity  for  becoming  acquainted 
with  the  proper  objects  for  future  as  well  as  the  defects 
of  past  legislation.  Complaints  which,  at  any  time,  are 
heard  from  constituents,  demand  the  notice,  and  should 
receive  the  willing  and  faithful  investigation  of  a  repre- 
sentative government.  The  excessive  expenditures  of 
the  state  have  been  the  recent  occasion  of  much  just  dis- 
content, and  of  no  little  excitement,  in  the  community. 
A  careful  examination  has  discovered,  that  the  great 
sources  of  these  expenses  were  in  the  frequency  of  the 
sessions  of  the  legislature,  and  the  number  of  members, 
in  the  charges  for  the  support  of  state  paupers,  and  in 
the  balances  of  the  accounts  of  county  treasurers,  the 
latter  resulting,  in  a  great  degree,  from  the  distribution 
of  the  judicial  powers  in  reference  to  the  administration 
of  the  criminal  law,  and  the  prescribed  and  limited  ju- 
risdiction of  the  subordinate  tribunals  of  justice.  Sever- 
al of  these  causes  are  already  removed  or  greatly  dimin- 
ished. The  work  of  retrenchment,  so  judiciously  com- 
menced the  last  year,  may  usefully  be  pursued,  and  by 
a  further  amendment  of  the  constitution  and  a  salutary 
revision  of  the  laws,  which  continue  to  occasion  heavy 
disbursements,  reductions  may  doubtless  be  made,  with- 
out trenching  upon  the  wise  provisions  and  restrictions 
of  the  constitution,  or  withholding  necessary  contribu- 
tions to  the  encouragement  of  valuable  objects,  or  a 
just  equivalent  for  responsible  public  services.    The  first 


608  GOVERNOR'S   SPEECH. 

step  in  the  process  of  reform  is  to  understand  the  true 
character  of  the  evil  to  be  corrected.  The  full  meas- 
ure of  redress  is  ultimately  with  the  people  themselves. 
The  constitution  is  theirs,  to  be  perpetuated  in  its  defects 
if  any  there  are,  or  altered  and  improved,  at  their  pleas- 
ure. The  laws  are  under  their  control,  through  the  in- 
fluence of  the  elections,  which  clothe  with  authority 
those  vv'ho  enact  them  ;  and  by  the  obligation  of  submis- 
sion to  this  constitution,  and  to  these  laws,  the  adminis- 
tration of  the  government  itself,  in  all  its  departments, 
is  subservient  to  the  popular  will. 

In  assembling,  gentlemen,  on  this  occasion,  to  review 
the  situation,  and  take  counsel  for  the  welfare  of  the 
Commonwealth,  we  cannot  but  feel  how  great  is  the 
cause  for  congratulation  in  the  unrivalled  prosperity 
and  happiness^  of  our  whole,  widely  extended  country. 
Whatever  doubts  or  fears  may,  at  any  time,  be  excited 
by  the  disquiet  of  our  domestic  politics,  there  is  over 
all  a  prevailino-  confi  Irnce  in  the  intelligence,  virtue, 
patriotism  of  the  people.  Their  Institutions  of  Govern- 
ment, their  love  of  order,  atid  above  all,  their  princi- 
ples of  moral  action,  secure  to  them  the  continuance  of 
those  equal  rights  and  high  privileges,  for  the  attain- 
ment of  which,  every  other  civilized  nation  of  the  globe 
seems  now  agitated  to  revolution.  While  ancient  dy- 
nasties and  kingdoms  are,  in  corruption,  tottering  to 
their  fall,  or,  by  violence,  are  suddenly  thrown  from 
their  foundations,  this  only  true  Republic,  governed  by 
laws,  reposing  in  peace,  with  the  vigor  of  manhood  in 
the  freshness  of  youth,  is  f^ressing  forward  with  surpass- 
ing energy,  in  developing  the  resources  of  her  power, 
and  strengthening  the  securities  for  her  future  great- 
ness and  glory.  Every  where  the  hand  of  industry  is 
rewarded,  and  enterprize  extending  her  work   to   com- 


GOVERNOR'S  SPEECH.  609 

pass  the  utmost  reach  of  improvement.  The  pursuits 
of  business,  and  all  the  useful  occupations  and  interests 
of  society  are  prosecuted  with  unwonted  benefit.  Ag- 
riculture, cherished  and  honored  ;  the  Mechanic  Arts 
elevated  and  rendered  more  effectual  by  the  application 
of  the  aids  of  science  ;  Commerce,  spreading  her  sails 
to  new  seas  and  ports,  and  freighting  the  winds  with 
the  contributions  of  distant  climates  to  these  favored 
shores  ;  Manufactures,  struggling  through  experiment 
and  discouragement  to  final  success,  furnishing  to  the 
people  every  necessary  supply,  and  giving  to  the  nation 
a  true  and  permanent  independence;  Kno^vledge  dif- 
fused, and  Education  exerting,  far  and  wide,  its  salutary 
and  preserving  influence  ;  these  are  the  realities  of  our 
times ;  the  blessings  of  republican  government ;  the  en- 
joyments of  an  enlightened  and  free  people.  Invoking 
the  divine  aid  and  direction,  may  we,  by  the  faithful 
discharge  of  the  duties  which  devolve  upon  our  respec- 
tive stations,  do  something  to  improve  them,  for  the 
present  age,  and  perpetuate  them  as  an  inheritance  for 
a  grateful  posterity. 

LEVI  LINCOLN. 
State  House,  Boston, 

May  30th,  1831. 


79 


610  MESSAGE. 


CHAP.  I. 

To  the  Honorable  Senate, 
and  House  of  Representatives,     ,,    . 

The  Secretary  is  charged  to  lay  before  you  copies  of 
the  report  of  the  agent  for  the  prosecution  of  the  Mas- 
sachusetts Claim,  and  also  a  single  copy,  for  the  use  of 
both  branches  of  the  legislature,  of  the  documents  in 
relation  to  the  north  eastern  boundary.  These  latter 
are  so  voluminous  as  to  render  it  impracticable  to  pre- 
pare a  duplicate  in  season  for  the  present  session.  It 
may  be  of  importance  that  the  documents  should  here- 
after be  within  the  control  of  the  executive  department; 
and  I  respectfully  request,  that  the  copy  may  be  return- 
ed to  the  secretary's  office,  when  the  subject  shall  be 
disposed  of  by  the  legislature. 

LEVI  LINCOLN. 

Council  Chamber,  May  30,   183L 


CHAP.  II. 

To  the  Honorable  Senate  and 

House  of  Representatives. 

Since  the  preparation  of  the  Address,  which  I  had  the 
honor  personally  to  offer  to  your  attention  this  morn- 
ing, I  have  received,  from  His  Excellency  the  Gover- 
nor of  Maine,  several  communications  under  date  of 
the  26th  inst.  with  accon)panying  copies  of  certain  res- 
olutions, adopted  by  the  legislature  of  that  State,  and 
approved  by  him  on  the  1st  of  April  last,  in  relation  to 
the  north  eastern  boundary  of  the  United  States  : — 
and  also  of  certain  other  resolutions  of  the  legislatnre, 
approved  by  him  on  the  28th  of  March  last,  proposing 
a  negociation  with  Massachusetts  for  the  purchase  of 
the  lands  of  fhis   Commonwealth  within  the  limits  of 


MESSAGE.  611 

Maine,  or  otherwise  to  agree  upon  "  a  system  for  the 
sale,  disposition  and  management  of  the  lands"  owned 
by  both  States. 

These  documents  cannot  fail  to  give  additional  inter- 
est and  importance  to  the  views  which  have  already 
been  presented  of  the  principal  subject  to  which  they 
refer,  and  in  transmitting  them,  in  compliance  with  the 
request  of  our  sister  government,  I  beg  leave  to  re- 
commend them  as  entitled  to  the  most  deliberate  and 
thorough  consideration. 

LEVI  LINCOLN. 
Council  Chamber,  Maij  30,  1831. 


CHAP.  III. 

To  the  Honorable  Senate  and 

House  of  Representatives. 

I  hasten  to  lay  before  the  Legislature  the  report  of 
the  commissioners  appointed,  pursuant  to  a  resolve  of 
the  last  Legislature,  to  revise  the  laws  in  relation  to 
debtor  and  creditor,  and  to  im[)risonment  tor  debt,  with 
an  accompanying  bill,  proposed  by  the  conmiissioners, 
"for  the  relief  of  insolvent  debtors  and  the  more  equal 
distribution  of  their  effects." 

The  bill  presents,  in  twenty  three  sections,  an  entire 
system  of  proceedings,  for  the  assignment  of  the  property 
of  the  insolvent,  the  ascertainment  of  the  claims  of  the 
creditors,  and  their  subsequent  payment  and  satisfaction 
in  equal  proportions,  and  for  the  exemption  of  the  per- 
son of  the  debtor  from  imprisonment  in  all  cases,  to 
which  it  is  intended  the  law  shall  apply ;  and  the  re- 
port presents  a  clear  and  precise  analysis  of  the  bill, 
with  an  explanation  of  the  practical  operation  of  it,  in 
its  various  provisions,  and  a  perspicuous  and  forcible 
exposition  "  of  the  motives  and  considerations  by  which 
the  commissioners  have  been  influenced  in  their  delibe- 
rations on  the  subject,"  which  will  not  fail  to  be  receiv- 


612  MESSAGE. 

ed  with  the  respect  and  deference  due  to  their  charac- 
ter, and  to  the  laborious  and  thorough  investigation 
bestowed  by  them  upon  the  performance  of  the  inter- 
esting and  highly  important  service,  to  which  they 
were  assigned. 

LEVI  LINCOLN. 
Council  Chamber^  June  1,  183L 


CHAP.  IV. 

To  the  Honorable  Senate-   and 

House  of  Representatives. 

Tlie  Chief  Magistrate  of  the  State  of  Delaware  has  re- 
cently transmitted  to  me  copies  of  sundry  resolutions 
passed  by  the  General  Assembly  of  that  State,  at  their 
late  session.  They  have  relation  to  the  distribution  of 
the  public  lands  of  the  United  States,  disapproving  there- 
of, either  by  direct  grants  to  the  several  states,  or  by  nomi- 
nal sales  at  reduced  prices  to  the  citizens  thereof,  and  re- 
commending the  appropriation  of  the  revenue  arising 
from  the  sales  of  the  lands  of  the  Union,  to  the  purpose 
of  extending  the  means  of  education  throughout  the 
republic,  as  soon  as  the  liquidation  of  the  national  debt 
shall  warrant  the  same; — they  declare  a  concurrence  in 
the  resolutions  of  the  General  Assembly  of  Pennsylva- 
nia, "  that  the  Tariff  of  1828  accords  with  the  spirit  of 
the  Constitution  of  the  United  States,  and  that  it  main- 
tains the  true  principles  of  protection  to  the  industry  of 
the  country  against  foreign  policy  and  legislation ;" 
and  in  the  resolutions  of  the  Legislatures  of  Louisiana 
and  Vermont,  "that  the  law  of  1828,  on  the  Tariff,  is 
expedient  and  harmless  to  the  Southern  States  ;" — they 
affirm  the  constitutional  powers  of  Congress,  and  the  ex- 
pediency of  their  exercise,  in  the  construction  of  works 
of  internal  improvement; — they  recommend  further  re- 
lief and  provision  by  Congress  for  the  surviving  officers 
and  soldiers  of  the  revolution  :— -they  express  a  dissent 


JOHN  G.  DEANE.  6T3 

to  the  amendments  of  the  Constitution  of  the  United 
States,  proposed  by  the  Legishiture  of  Louisiana,  "so 
as  to  extend  the  term  of  office  ot  President  and  Vice 
President  to  six  years,  and  to  render  the  President  in- 
ehgible  to  re-election" — and  to  the  amendment  pro- 
posed by  the  General  Assembly  of  Missouri  to  provide 
a  uniform  mode  of  electing  the  President  and  Vice 
President,  without  the  intervention  of  electors,  and  that 
the  election  shall  in  no  case  whatever  be  submitted  to 
the  House  of  Representatives  ; — and  also  a  disapproba- 
tion of,  and  disagreement  to,  the  resolutions  of  the 
Legislature  of  the  state  of  Alabama,  approving  of  the 
administration  of  the  present  Chief  Magistrate  of  the 
United  States,  and  nominating  him  for  re-election. 

These  resolutions  and  proceedings  of  the  Legislative 
and  Executive  Authorities  of  Delaware  are  now  offered 
to  your  observation,  in  compliance  with  the  requests 
which  severally  accompany  them,  in  their  transmission 
to  me. 

LEVI  LINCOLN. 

Council  Chamber,  June  1,  1831. 


CHAP.  V. 

Resolve  in  favor  of  John  G.  Deane. 
June  6,  1831. 

On  the  petition  of  John  G.  Deane,  setting  forth  a  re- 
solve of  the  State  of  Maine,  passed  on  the  fourth  day 
of  April  last,  in  the  words  following,  viz. 

*'  Resolved,  that  there  be  granted  to  John  G.  Deane 
one  half  of  a  township  of  land  of  six  miles  square,  sub- 
ject to  the  reservation  for  public  uses  required  by  law, 
to  be  by  him  selected,  within  one  year,  from  any  lands 
belonging  to  the  State  of  Maine,  north  of  the  waters 
emptying  into  the  Penobscot  river,  or  from  any  lands 
belonging  to  the  Commonwealth  of  Massachusetts,  and 


614  REUBEN  GLEASON. 

this  State,  being  in  common  and  undivided,  north  ofsaid 
waters;  Provided,  that  said  Commonwealth  shall,  at  any 
time  within  one  year,  give  her  assent  thereto,  provided 
the  said  Deane  shall  settle  on  the  half  township,  to  be 
by  him  selected,  within  three  years  from  the  time  said 
land  is  located,  and  provided,  that  the  same  half  town- 
ship granted  as  aforesaid  be  not  a  timber  township." 

Resolved,  that  this  Commonwealth  hereby  assents  to 
the  said  John  G.  Deane  selecting  one  half  of  a  township 
of  land,  six  miles  square,  from  any  lands  belonging  to  this 
Commonwealth  and  the  State  of  Maine,  being  in  com^ 
mon  and  undivided,  north  of  the  waters  emptying  into 
the  Penobscot  river,  pursuant  to  the  terms  and  condi- 
tions set  forth  in  the  foregoing  resolve  of  the  Slate  of 
Maine.  Provided,  that  said  half  township  of  land,  when 
selected  and  settled  by  the  said  Deane,  shall  be  consid- 
ered as  taken  by  the  State  of  Maine  in  any  future  divis- 
ion ofsaid  undivided  lands.  Provided,  also,  that  the 
said  Deane  shall  make  a  return  ol'  all  his  proceedings, 
in  relation  to  the  selection  and  settlement  o,  he  said 
half  township  of  land,  to  the  land  agent  of  ihis  Com- 
monwealth. 


CHAP.  VI. 

Resolve  on  the  Petitiori  of  Reuben  Gleason. 

June  10,  1831. 

Resolved,  That  Reuben  Gleason,  Jr.  the  son  of  Reu- 
ben Gleason  of  Dorchester,  in  the  County  of  Norfolk, 
be  placed  upon  the  list  of  pupils  supported  by  this  Co'ii- 
monwealth,  at  the  American  Asylum  for  the  education 
of  the  Deaf  and  Dumb  at  Hartford,  agreeably  to  the 
provisions  of  the  resolves  heretofore  passed  m  relation 
to  State  beneiiciaries. 


STATE  HOUSE.  615 

CHAP.  VH. 

Resolve  authorizing  the  Treasure!'  to  borrow  Money. 

June  10,  1831. 

Resolved,  That  the  Treasurer  of  this  Commonwealth 
be,  and  he  is  hereby  authorized  and  directed,  to  horrow, 
of  any  of  the  Banks  in  this  Commonwealth,  or  any  cor- 
poration therein,  or  of  any  individual  or  individuals, 
such  sum  or  sums  of  money  as  may,  from  time  to  time, 
be  necessary  for  the  payment  of  the  ordinary  demands 
on  the  Treasury,  at  any  time  before  the  meeting  of  the 
next  General  Court  ;  and  that  he  pay  any  sum  he  may 
borrow,  as  soon  as  money  sufficient  for  the  purpose,  and 
not  otherwise  appropriated,  shall  be  received  in  the 
Treasury.  Provided,  however.  That  the  whole  amount 
borrowed  by  authority  hereof,  and  remaining  unpaid, 
shall  not,  at  any  time,  exceed  the  sum  of  one  hundred 
and  seventy  thousand  dollars. 


CHAP.  VIII. 

Resolve  providing  for  repairs  on  the  Dome  and  Pediment 
Cornice  of  the  State  House. 

June  15,  1831. 

Resolved,  That  His  Excellency  the  Governor,  with 
the  advice  of  the  Council,  be,  and  he  hereby  is  author- 
ised and  requested,  to  cause  such  repairs  to  be  made  on 
the  dome  and  pediment  cornice  of  the  State  House,  as 
shall  be  found  necessary,  and,  to  ensure  the  fiiithful  ex- 
ecution of  said  repairs,  he  is  hereby  authorized  to  ap- 
point some  suitable  person  to  superintend  and  direct  in 
the  execution  of  the  work,  and  to  draw  his   warrant  on 


616  CHAPPEQUIDDIC  INDIANS. 

the  Treasurer  of  the  Commonwealth,  for  a  sum  not  ex- 
ceeding twenty-five  hundred  dollars,  to  defray  the  ex- 
penses thereof. 

And,  whereas.  His  Excellency  the  Governor  was  au- 
thorized by  a  resolve,  passed  the  10th  day  of  March 
last,  "  to  cause  a  fire  proof  edifice  to  be  erected  on  the 
northern    front  of  the  State  House."     Therefore, 

Be  it  further  Resolved,  That  His  Excellency  the  Gov- 
ernor, by  and  with  the  advice  of  the  Council,  be  author- 
ized to  appoint  some  suitable  person  to  superintend  and 
direct  the  execution  of  the  work  as  is  provided  in  said 
Resolve. 


CHAP.  IX. 

Resolve  in  relation  to  the  divisional  line  fence,  between  the 
Patentees  and  Purchasers  and  the  Indians,  on  the  Is- 
land of  Chappequiddic. 

June  15,  1831. 

Resolved,  That  His  Excellency  the  Governor,  and  the 
Honorable  Council,  be  and  they  hereby  are  authorized 
to  appoint  commissioners,  whose  duty  it  shall  be  to 
make  a  division  ot  the  divisional  line  between  the  Pa- 
tentees, and  Purchasers,  and  the  Indians  on  the  Island 
of  Chappequiddic,  assigning  to  each  patentee  and  pur- 
chaser their  proportion  of  said  divisional  line,  on  which 
they  are  respectively  to  make  and  maintain  a  divisional 
fence,  agreeably  to  an  act  of  this  Commonwealth,  passed 
June  the  sixteenth,  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  ninety  six  ;  and  that  such  division, 
so  made,  be  recorded  in  the  office  of  the  register  of 
deeds  for  the  county  of  Dukes'  County,  and  that  such 
record  forever  hereafter  be  legal  evidence  of  such  di- 
vision,and  that  all  suits  now  pending  in  any  court  of  this 
Commonvvoalth,  in  relation  to  such  divisional  line  fence, 


ARTICLE  OF  AMENDMENT.  617 

be  dismisse(3,  and  the  Justices  of  said  court  are    hereby 
authorized  and  directed  to  dismiss  the  same  according- 

ly. 


CHAP.  X. 

Resolve  on  the  petition  of  Joseph  Prentiss. 
June  15,   1831. 

Resolved^  for  reasons  set  forth  in  said  petition,  that 
Cyrus  Leland,  trustee  of  the  Hassanamisco,  or  Grafton 
Indians,  be,  and  he  hereby  is  authorized  and  empower- 
ed, to  receive  a  note  given  to  the  said  Prentiss,  by  Sa- 
rah Phillips,  deceased,  one  of  said  tribe,  for  the  sum  of 
twenty  four  dollars  and  thirty  cents,  in  part  satisfaction 
of  a  note  which  the  said  Leland,  in  his  said  capacity, 
holds  against  the  said  Prentiss. 


CHAP.  XL 

Resolve  for  the  due  enrolment  and  promulgation  of  the 
Tetith  Article  of  Amendment  to  the  Constitution  of  this 
Commonwealth. 

June  15,   1831. 

"  Whereas  the  Specific  Article  of  Amendment  here- 
after recited,  was  proposed  in  the  General  Court  of  this 
Commonwealth,  elected  and  returned  in  the  year  of  our 
Lord  eighteen  hundred  and  twenty  nine,  as  an  amend- 
ment to  the  Constitution  of  the  said  Commonwealth, 
and  was  agreed  to  by  a  majority  of  the  Senators,  and 
two  thirds  of  the  House  of  Representatives,  present  and 
voting  thereon,   and   was  thereupon  entered   upon  the 

80 


618         ARTicr.E  OF  amendmp:nt. 

journals  of  the  two  houses  with  the  yeas  and  nays  taken 
thereon  ;  and  was  afterwards  referred  to  the  General 
Court  elected  and  returned  for  the  year  eighteen  hun- 
dred and  thirty,  and  published,  as  by  the  Constitution  is 
required  ; — and  whereas  the  said  Specific  Article  of 
Amendment  was  also  agreed  to  by  a  majority  of  the  Se- 
nators, and  two  thirds  of  the  House  of  Representatives, 
of  the  last  mentioned  General  Court,  present  and  voting 
thereon  ;  and  the  said  Article  of  Amendment  was  after- 
wards duly  submitted  to  the  people  of  the  Common- 
wealth in  order  that,  if  the  same  should  be  approved  and 
ratified  by  a  majority  of  the  qualified  voters,  at  meet- 
ings legally  warned  and  held  for  that  purpose,  the  same 
might  become  a  part  of  the  Constitution  of  this  Com- 
monwealth ;  and  whereas  it  appears,  by  the  returns  of 
the  votes  duly  made  and  transmitted  to  the  Secretary's 
office,  from  the  city  of  Boston,  and  the  several  towns 
and  districts  of  this  Commonwealth,  that,  at  meetings 
legally  warned  and  held  for  that  purpose,  in  the  said 
city,  towns  and  districts,  on  the  eleventh  day  of  May 
last,  the  said  Specific  Article  of  Amendment  has  been 
duly  approved  and  ratified  b}  a  majority  of  the  qualified 
voters  of  the  said  Commonwealth  voting  thereon,  as 
required  by  the  Constitution,  and  the  said  article  of 
amendment  has  accordingly  become  a  part  of  the 
Constitution  of  this  Commonwealth,  to  go  into  operation 
on  the  first  day  of  October  next,  to  wit : 

"ARTICLE  OF  AMENDMENT. 

"  The  political  year  shall  begin  on  the  first  Wednes- 
day of  January  instead  of  the  last  Wednesday  of  May, 
and  the  General  Court  shall  assemble  every  year  on 
the  said  first  Wednesday  of  January,  and  shall  proceed, 
at  that  session,  to  make  all  the  elections,  and  do  all  the 
other  acts,  which  are  by  the  Constitution  required  to  be 
made  and  done  at  the  session  which  has  heretofore  Com- 
menced on  the  last  Wednesday  of  May.  And  the  Ge- 
neral Court  shall  be  dissolved  on  the  day  next  preced- 
ing the  first  Wednesday  of  January,  without  any  pro- 
clamation or  other  act  of  the  Governor.     But  nothing 


ARTICLE  OF  AMENDMENT.  6l9 

herein  contained  shall  prevent  the  General  Court  from 
assenibling  at  such  other  tincies,  as  they  shall  judge  ne- 
cessary, or  when  called  together  by  the  Governor.  The 
Governor,  Lieutenant  Governor,  and  Councillors,  shall 
also  hold  their  respective  offices  for  one  year  next  fol- 
lowing the  first  Wednesday  of  January,  and  until  others 
are  chosen  and  qualified  in  their  stead. 

The  meeting  for  the  choice  of  Governor,  Lieutenant 
Governor,  Senators  and  Representatives,  shall  be  held 
on  the  second  Monday  of  November  in  every  year,  but 
meetings  may  be  adjourned,  if  necessary,  for  the  choice 
of  Representatives,  to  the  next  day,  and  again  to  the  next 
succeeding  day,  but  no  further.  But  in  case  a  second 
meeting  shall  be  necessary  for  the  choice  of  Representa- 
tives, such  meetings  shall  be  held  on  the  fourth  Mon- 
day of  the  same  month  of  November. 

"  All  the  other  provisions  of  the  Constitution,  res- 
pecting the  elections  and  proceedings  of  the  members 
of  the  General  Court,  or  of  any  other  officers  or  persons 
whatever,  that  have  reference  to  the  last  Wednesday  of 
May  as  the  commencement  of  the  political  year,  shall 
be  so  far  altered,  as  to  have  like  reference  to  the  first 
Wednesday  of  January. 

"This  article  shall  go  into  operation  on  the  first  day 
of  October,  next  following  the  day  when  the  same  shall 
be  duly  ratified  and  adopted  as  an  amendment  of  the 
Constitution,  and  the  Governor,  Lieutenant  Governor, 
Councillors,  Senators,  Representatives,  and  all  other  state 
officers,  who  are  annually  chosen,  and  who  shall  be 
chosen  for  the  current  year,  when  the  same  shall  go 
into  operation,  shall  hold  their  respective  offices  until 
the  first  Wednesday  of  January  then  next  following,  and 
until  others  are  chosen  and  qualified  in  their  stead,  and 
no  longer;  and  the  first  election  of  the  Governor,  Lieu- 
tenant Governor,  Senators  and  Representatives,  to  be 
had  in  virtue  of  this  article,  shall  be  had  conformably 
thereunto,  in  the  month  of  November  following  the 
day  on  which  the  same  shall  be  in  force  and  go  into 
operation,  pursuant  to  the  foregoing  provision. 

"  All  the  provisions  of  the  existing  Constitution,  in- 
consistent with  the  provisions  herein  contained,  are 
hereby  wholly  annulled." 


620  QUAKERS. 

"  Resolved,  That  the  above  recited  Article  of  Amend- 
ment shall  be  enrolled  on  parchment,  and  deposited  in 
the  Secretary's  office,  as  a  part  of  the  Constitution  and 
fundamental  law  of  this  Commonwealth  ;  and  shall  be 
published,  in  immediate  connection  therewith,  as  the 
tenth  article  of  Amendment  thereto,  in  all  future  edi- 
tions of  the  laws  of  this  Commonwealth,  printed  by 
public  authority.  And,  in  order  that  the  said  article  of 
Amendment  may  be  duly  promulgated,  withou.  delay, 
to  the  people  of  this  Commonwealth — Be  it  further 

"  Resolved,  That  His  Excellency  the  Governor  be, 
and  he  hereby  is  authorized  and  requested,  to  issue 
his  proclamation,  reciting  the  said  article  of  Amend- 
ment, and  announcing  that  the  same  has  been  duly 
adopted,  and  ratified  by  the  people  of  this  Common- 
wealth, and  has  become  a  part  of  the  Constitution 
thereof,  to  go  into  operation  on  the  first  day  of  October 
next ;  and  requiring  all  magistrates  and  officers,  and  all 
the  citizens  of  the  said  Commonwealth,  to  take  notice 
thereof,  and  govern  themselves  accordingly." 


CHAP.  XH. 

Resolve  on  the  petition  of  the  Overseers  of  the  Sandwich 
Monthly  Meeting  of  Quakers. 

June  16,  1831. 

Resolved,  That  the  overseers  of  the  Sandwich  Month- 
ly Meeting  of  the  denomination  of  people  called  Qua- 
kers, and  their  successors  in  office,  be,  and  they  hereby 
are  authorized  and  empowered,  to  invest,  in  such  man- 
ner as  they  may  think  best,  or  put  out  at  interest  on 
such  security  as  they  may  think  proper,  from  time  to 
time,  all  the  money  which  has  arisen,  or  may  arise  from 
the  sale  of  the  estate  devised  to  them  in  trust,  in  and  by 
the  last  will  of  Joseph  Wing,  deceased,  without  being 
obliged  to  require  security  by  mortgage  of  real  "estate, 
unless  they  see  fit,  any  thing  in  a  former  resolve,  pass- 
ed February  16,  A.  D.  1831,  to  the  contrary  notwith- 
standing. 


SETH  GAY.  621 


CHAP.  XIII. 

Resolve  for  appointing   commissioners  to  revise  the    laws 
respecting  ihejorm  of  Bank  Bills  ^  and  Stereotype  Plates. 

June  16,   1831. 

Resolved,  That  His  Excellency  the  Governor,  with 
advice  of  the  Council,  appoint  three  suitable  persons  as 
commissioners  to  prepare  and  report  to  the  next  legis- 
lature, during  the  first  week  of  its  session,  a  revision  of 
the  laws  concerning  the  form  of  bank  bills,  and  the 
plates  from  which  they  shall  hereafter  be  impressed, 
and  also  to  report  such  other  measures  as  may  more 
efieetually  protect  the  citizens  of  this  Commonwealth 
against  the  forging  and  counterfeiting  of  bank  bills. 


CHAP.  XIV. 

Resolve  on  the  petition  of  Seth  Gay. 
June  17,  1831. 

On  the  petition  of  Seth  Gay,  praying  that  certain 
costs  paid  by  him,  in  pursuance  of  a  sentence  of  the 
Municipal  Court  in  the  City  of  Boston,  in  the  year 
1825,  may  be  refunded,  the  judgment  of  said  Court 
having  been  subsequently  reversed,  and  the  action  quash- 
ed, by  the  Supreme  Judicial  Court. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth,  to  Seth  Gay,  the  sum  of 
nineteen  dollars  and  ninety-nine  cents,  for  the  reasons 
above  set  forth,  and  His  Excellency  the  Governor,  with 
the  advice  of  the  Council,  is  hereby  authorized  and 
requested  to  draw  his  warrant  accordingly. 


622  GOVERNOR  OF  MAINE. 


CHAP.  XV. 

A  Resolve  releasing  certain  escheated  lands  to  the  toivn  of 

Needham. 

June  20,  1831. 

On  the  petition  of  the  Inhabitants  of  Needham  in  the 
County  of  Norfolk  ;  Resolved^  for  the  reason  set  forth 
in  said  petition,  that  this  Commonwealth  do  hereby  trans- 
fer, release  and  quitclaim,  unto  the  Inhabitants  of  Need- 
ham, or  their  successors  and  assigns,  ail  the  right,  title 
and  interest  which  have  accrued  to  the  Commonwealth, 
by  way  of  escheat,  in  and  to  certain  tracts  of  land,  con- 
taining about  sixteen  acres,  together  with  a  small  dwel- 
ling house  thereon,  lying  in  said  Needham,  of  which 
one  Jethro  Cato,  late  of  said  Needham,  died  seized,  as  is 
described  in  said  petition.  Provided,  that  this  Resolve 
shall  in  no  wise  affect  the  right  or  title  of  the  purchaser 
of  that  part  of  the  estate  of  said  deceased,  which  has 
been  sold  by  the  administrator  of  his  estate. 


CHAP.  XVI. 

Resolve  requesting  the  Governor  to  transmit  to  the  Gover- 
nor of  Maine  an  Act  of  this  State. 

June  20,  1831. 

Resolved,  That  His  Excellency  the  Governor  be,  and 
he  hereby  is  requested  to  transmit,  to  the  Governor  of 
the  State  of  Maine,  an  Act  of  this  Commonwealth,  en- 
titled "  An  Act  to  modify  an  Act  entitled  An  Act  relat- 
ing to  the  separation  of  the  District  of  Maine  from  Mas- 
sachusetts proper,  and  forming  the  same  into  a  separate 
and  independent  State,"  and  to  request  him  to  lay  the 
same  before  the  Legislature  of  Maine. 


PAY  OF  SENATE,  kc.  623 

CHAP.  XVII. 

Resolve  07i  the  petition  of  Charles  Forster. 
June  21,  1831. 

Resolved,  That,  for  reasons  set  forth  in  said  petition, 
the  judgment  recovered  by  the  Warden  of  the  State 
Prison  against  Charles  forster,  at  a  term  of  the  Su- 
preme Judicial  Court,  holden  at  Boston,  within  and  for 
the  County  of  Suffolk,  in  March,  1830 — for  the  sum  of 
four  hundred  and  fifty-five  dollars  and  ninety-one  cents 
damages,  and  seventy-seven  dollars  and  forly-nine  cents 
costs  of  suit,  be  released  and  remitted  ;  and  the  War- 
den of  the  State  Prison  be  authorized  to  release  and 
remit  the  same  to  the  said  Charles  Forster. 


CHAP.  XVIII. 

Resolve  for  the  pay  of  the  Council,  Senate,  and  House  of 
Representatives. 

June  21,  1831. 

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  attendance  as  such,  the  present  political 
year,  and  the  like  sum  of  two  dollars,  for  every  ten 
miles  travel  from  their  respective  places  of  abode,  once 
in  each  session,  to  the  place  of  the  sitting  of  the  Gen- 
eral Court ;  and  also  to  each  member  of  the  Council 
two  dollars  for  each  day's  attendance  at  that  Board,  at 
every  session  thereof  durinij  the  present  political  year, 
and  the  like  sum  of  two  dollars  for  every  ten  miles  travel 
from  their  respective  places  of  abode,  once  in  each  ses- 
sion thereof;  and  to  the  President  of  the   Senate  and 


624  SMALL  POX  HOSPITAL. 

Speaker  of  the  House  of  Representatives,  each,  two 
dollars  for  each  and  every  day's  attendance,  in  addition 
to  their  pay  as  members. 


CHAP.  XIX. 

To  the  Honorable  the  Senate, 

and  House  of  Representatives. 

By  a  Report,  made  by  a  Committee  of  the  Executive 
Council,  which  is  herevvith  transmitted,  it  appears  that 
a  further  appropriation  will  he  required  to  enable  the 
Surveyor  to  prosecute  the  surveys,  in  which  he  is  now 
faithfully  and  successfully  engaged,  for  the  purpose  of 
foruiing  a  Map  of  the  Conunonwealth.  Much  expense 
has  necessarily  been  incurred  in  the  procurement  of  in- 
struments, which  are  indispensable  to  the  work  ;  and  it 
is  believed,  that  a  strict  economy  has  been  observed  in 
the  expenditures.  An  additional  sum  of  three  thousand 
dollars  is  estimated  as  necessary  to  meet  the  require- 
ments of  the  service,  the  present  year. 

LEVI  LINCOLN. 

Council  Chamber,  June  21,  1831. 


CHAP.  XX. 

Resolve  providing  for  the  erection  of  a  small  pox  Hospital 
on  Rainsford  Island. 

June  22,  1831. 

Resolved,  That  the  Mayor  and  Aldermen  of  the  City  of 
Boston,  as  overseers  ofthe  Commonwealth's  Hospitals  on 
Rainsford  Island,  be  and  they  hereby  are  authorized  and 
directed,  to  cauvse  a  suitable   and  durable  rough   stone 


SURVEY  OF  COMMONWEALTtl.        625 

buildinfT,  two  stories  in  height,  with  brick  partition 
walls,  to  bo  erected  on  Rainsford  Island,  for  a  small  pox 
hospital,  provided  the  same  can  be  completely  finished, 
including  every  expense,  for  a  sum  not  exceeding  seven 
thousand  dollars ;  and  said  Mayor  and  Aldermen  are 
hereby  authorized  to  adopt  such  a  plan,  as  in  their  judg- 
ment will  best  suit  the  convenience  of  the  public  and 
promote  ihe  interest  of  this  Commonwealth,  and  they 
are  hereby  requested  to  commence  said  work  as  soon 
as  is  practicable,  and  cause  it  to  be  completed  without 
delay,  and  when  said  buildin<T  shall  have  been  complete- 
ly finished,  to  render  an  account  of  their  doings,  with 
the  amount  of  money  expended  by  them  in  its  erection, 
to  the  treasurer  of  this  Commonwealth,  who  is  hereby 
authorized  and  directed  to  audit  the  same  ;  and  His  Ex- 
cellency the  Governor,  with  the  advice  of  the  Council 
is  hereby  authorized  and  requested  to  draw  his  warrant 
on  the  treasury  of  this  Commonwealth,  for  a  sum  not 
exceeding  seven  thousand  dollars,  to  defray  the  ex- 
penses thereof. 


CHAP.  XXI. 

Resolve   making  further   appropriations  for  a  surverf  and 
geological  examiriation  of  the  Commonwealth. 

June  22,  1831. 

Resolved,  That  His  Excellency  the  Governor,  with 
the  advice  of  the  Council,  be,  and  he  is  hereby  author- 
ized to  draw  his  warrant,  from  time  to  time,  upon  the 
Treasurer  of  the  Commonwealth,  for  any  sum  or  sums, 
not  exceeding  three  thousand  dollars,  in  addition  to  the 
sums  heretofore  appropriated,  which  may  be  necessary 
to  carry  more  fully  into  effect  the  Resolves  authorizing 
the  appointment  of  a  Surveyor  to  make  a  general  sur- 
vey of  the  Commonwealth,  passed  on  the  third  day  of 
March,  A.  D.  1830,  and  the  Resolves  in  addition  there- 
to, and  further  authorizing  the  appointment  of  a  suita- 

81 


626  ELIAS  WARE. 

ble  person  to  make  a  geological  examination  of  the 
Commonwealth,  passed  on  the  fifth  day  of  June,  A.  D. 
1830. 


CHAP.  XXII. 

Resolve  providing  for  the  pay  of  the  Clerks. 

June  22,  1831. 

Resolved,  That  there  be  paid  out  of  the  Treasury  of 
this  Commonwealth,  to  the  Clerk  of  the  Senate,  eight 
dollars  per  day  ;  to  the  Clerk  of  the  House  of  Repre- 
sentatives, ten  dollars  per  day  ;  and  to  the  Assistant 
Clerk  of  the  Senate,  six  dollars  per  day,  for  each  and 
every  day's  attendance,  they  have  been,  or  may  be  era- 
ployed,  in  that  capacity,  during  the  present  session  of 
the  Legislature  :  and  that  there  be  further  paid  to  the 
Clerk  of  the  Senate,  and  the  Clerk  of  the  House  of 
Representatives,  fifty  dollars  each,  for  copying  the  Jour- 
nals for  the  Library,  as  required  by  the  orders  of  the 
two  Branches  of  the  Legislature.  And  His  Excellency 
the  Governor,  with  the  advice  of  Council,  is  requested 
to  draw  his  warrant  accordingly. 


CHAP.  XXIH. 

Resolve  in  favor  of  Elias  Ware. 

June  22,1831. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Treasury  of  this  Commonwealth,  to  Elias  Ware,  the  sum 
of  twenty  dollars,  for  loss  of  property  sustained  by  him 


PUBLIC  LANDS.  627 

in  the  revolutionary  war,  and  his  Excellency  the  Gov- 
ernor, with  ihc  advice  of  Council,  is  hereby  authorized 
and  requested  to  draw  his  warrant  accordingly. 


CHAP.  XXIV. 

Resolutions  in  relation  to  the  Public  Lands. 

June  22,  1831. 

The  Committee  on  Public  Lands,  to  whom  was  refer- 
red so  much  of  the  Governor's  Speech  as  relates  to 
the  lands  belonging^  to  this  Commonwealth,  and  lying  in 
the  State  of  Maine,  have  had  the  several  subjects  under 
consideration,    and    respectfully    submit    the    following 

REPORT : 
That  upon  inquiry  at  the  Land  Office,  and  from   ex- 
amination of  documents  on  the  files  of  said  office,  they 
find  that  this  Commonwealth  owns  in  severalty  a  num- 
ber of   townships,  situate  on   and  near  the  rivers  and 
streams  tributary  to  St.    John's  river,  on  which  there  is 
a  considerable  growth  of  valuable  pine  timber.      It  fur- 
ther appears,  that  the  people  who  reside  in  that  section 
of     country   are    now    openly    and    actively    engaged, 
without  any  licence  or  pretence  of  right,  in  cutting  down 
the  timber,  and  removing  it  into  the   Province  of  New 
Brunswick,  where,  in  consequence   of    a  recent  Act  of 
the  Province,  it  is  entered   free  of  duty.     Nothing  can 
be  more  certain,  than  that  these  depredations,  already 
committed  to  a  great  extent,  will  be  continued  with  in- 
creased vigor,  unless  measures  are   promptly  taken  for 
the  purpose  of  discouraging  and  preventing,  directly  or 
indirectly,  such   illegal   proceedings.     The  Committee, 
after  consultation  witti  the   Land  Agent,  are  of  opinion 
that  the  least  expensive,  and  upon  the   whole,  the  most 
effectual  mode  of  guarding  this  valuable  property,  and, 
at  the  same  time,  of  disposing  of  it  gradually  in  an  ad- 
vantageous manner,  will  be  to  grant  permits  to  cut  the 
timber  to  such  persons   as   may  apply  for  them.     For 


628  PUBLIC  LANDS. 

this  purpose  it  will  be  necessary  for  the  Land  Agent  to 
appoint  some  trusty  person  to  measure  the  logs  as  fast 
as  they  are  cut,  and  to  see  generally  that  all  terms  and 
conditions  which  the  Land  Agent  may  find  it  expedient 
to  include  in  the  contracts,  are  strictly  complied  with. 
Many  are  now  desirous  to  obtain  permits  for  this  pur- 
pose ;  and  if  they  arc  permitted  to  become  purchasers, 
it  will  of  course  be  for  their  interest  to  give  information 
against  all  depredators.  For  the  accomplishment  of  this 
object,  recommended  by  the  Governor  and  approved  by 
the  Committee,  it  will  be  necessary  to  invest  the  Land 
Agent  "with  a  discretionary  authority  as  is  provided  for 
in  the  first  Resolution  accompanying  this  Report. 

The  attention  of  the  Committee  has  been  called  to  a 
recent  law  of  the  State  of  Maine,  which  provides  for 
the  sale  of  land  in  lots,  to  actual  seiilers,  at  a  minimum 
price  of  fifty  cents  per  acre.  This  is  the  commencement 
of  a  new,  liberal  and  provident  policy  on  the  part  of  that 
State,  which,  in  the  opinion  of  the  Committee,  deserves 
to  be»immediately  recognized  and  adopted  by  this  Com- 
monwealth. An  equitable  standard  of  value  will  be 
thus  established,  the  resources  of  the  country  will  be 
developed,  and  an  inducement  will  be  aflforded  to  every 
settler  to  become  the  proprietor  of  the  soil  which  he  oc- 
cupies. 

It  has  been  well  ascertained  that  the  lands  lying  North 
of  the  "  Monument  line,"  so  called,  viz  :  the  line  that 
runs  due  West  from  the  Monument,  at  the  source  of 
St.  Croix  River,  arc  of  an  excellent  quality,  and  that 
they  have  already  attracted  the  attention  of  cultivators. 
Many  hardy,  enterprising,  and  industrious  young  men, 
from  the  populous  parts  of  Maine,  and  from  New 
Hampshire  and  Vermont,  are  desirous  of  purchasing 
lots  in  this  territory,  for  the  purpose  of  immediate  set- 
tlement, and  they  will  much  prefer  a  direct  conveyance 
from  the  Commonwealth  to  a  second  hand  title  from 
speculators.  The  Committee,  therefore,  deem  it  a  fa- 
vorable opportunity  to  present  for  consideration  the  sec- 
ond and  third  Resolutions  herewith  submitted.  ■  The 
third  Resolution  also  provides  for  the  sale  of  six  town- 
ships in  the  same  quarter,  a  part  of  which  can  undoubt- 
edly be  disposed  of  during  the  present  season. 


PUBLIC  LANDS.  629 

There  is  another  subject  upon  which  the  Committee 
have  been  called  to  bestow  their  attention.  Among  the 
documents  transmitted  by  the  Governor,  and  referred  to 
the  Committee,  is  an  attested  copy  of  a  Resolve  of  the 
Legislature  of  the  State  of  Maine,  passed  on  the  26th 
day  of  May  last,  and  officially  communicated  in  compli- 
ance with  its  terms,  by  the  Governor  of  that  State  to 
the  Governor  of  this  Commonwealth.  The  Resolve 
provides  for  the  appointment,  on  the  part  of  Maine,  of 
"  a  person  or  persons  to  negociate  with  the  Government 
of  Massachusetts,  or  such  person  or  persons  as  they  may 
appoint,  for  the  purchase  of  all  the  lands  of  Massachu- 
setts within  the  limits  of  Maine,  so  far  as  to  ascertain 
the  terms  and  conditions  on  which  they  can  be  purchas- 
ed ;" — also,  "  in  case  the  Commonwealth  of  Massachu- 
setts shall  refuse  to  negociate  for  the  sale  of  said  lands, 
to  agree  upon  a  system  for  the  sale,  disposition  and 
management  of  the  public  lands  of  said  Commonwealth 
and  State,  and  report  the  system  agreed  upon  by  them  to 
the  next  Legislature  ;  no  agreement  or  contract  as  afore- 
said to  have  any  force  or  effect  until  the  same  has  been, 
approved  by  the  Legislature  of  the  State." 

From  a  distinguished  member  of  the  House  of  Rep- 
resentatives of  Maine,  who  is  familiarly  conversant  with 
the  policy  of  that  State  in  respect  to  her  public  lands, 
and  who  personally  appeared  before  the  Committee  to 
explain  the  vievys  and  wishes  of  her  Legislature,  in  pro- 
posing a  joint  Commission  for  the  purposes  set  forth  in 
the  Resolve,  the  Committee  learn  that  although,  on  some 
accounts,  and  particularly  in  reference  to  the  present 
attitude  of  the  Boundary  Question,  the  State  of  Maine 
is  desirous  to  become  the  exclusive  proprietor  of  the 
public  lands  within  her  limits,  that  still  she  is  not  pre- 
pared to  purchase  the  lands  of  Massachusetts  upon  any 
terms,  which  would  secure  to  the  Commonwealth  a  suit- 
able equivalent  for  their  present  value.  The  Commit- 
tee believe  that  any  negociation  for  this  object,  is,  and 
must  probably  continue  to  be  inexpedient;  but  they  are 
further  of  opinion  that  the  present  moment  affords  to 
the  Legislatures  of  the  two  States  a  favorable  opportu- 
nity to  make  an  arrangement  for  the  future  disposition 


630  PUBLIC  LANDS. 

and  management  of    the    lands,  which   they  now  hold 
jointly  or  in  severalty,  in  such  manner  that  the  interests 
of  both  States  may  be  mutually  promoted.     They  there- 
fore propose  the    appointment    of    a    Commissioner  or 
Commissioners,  on  the  part  of    this  Commonwealth,  to 
meet  such  as  may  bo  appointed  by  Maine,  who  shall  act 
under    such    instructions   as   may  be   furnished   by  the 
Governor,  and  shall   report  to  the   next  Legislature  the 
result  of  their  proceedings.     The  Legislatures   of    the 
two  States  will  thus  have  it  in  their  power,  by  a  joint  act 
for  the  purpose,  to  mature,  conclude  and  ratify,  such  a 
system,  as  under  all  circumstances,  shall    seem    to  both 
to  be  advisable.     But  if  tlie  efforts  of  the  Commission- 
ers should  be  fruitless,  in  reference    to    the  primary  ob- 
ject, their  intercourse  may  not  be  wholly   unproductive 
of  benefit,  and  in  any  event,  will  occasion  but  little  ex- 
pense.    The  measure,  from    its   having  been  proposed 
by  the  Legislature  of  Maine,  is    entitled    to    respectful 
consideration.  The  Committee  accordingly  recommend 
the  adoption  of  the  fourth  and  last  Resolution  herewith 
submitted. 

By  order  of  the  Committee, 

S.  C.  PHILLIPS,  Chairman. 

L  Resolved,  That  the  Land  Agent  of  this  Common- 
wealth be,  and  he  is  hereby  authorized,  to  sell  such 
portion  of  the  pine  timber  now  standing  upon  the  Pub- 
lic Lands,  situate  on  and  near  the  rivers  and  streams 
tributary  to  St.  John's  River,  as  is  particularly  exposed 
to  depredation,  upon  such  terms  and  conditions,  as  in  his 
opinion  will  best  promote  the  interest  of  the  Common- 
wealth. 

2.  Resolved,  That  the  Land  Agent  be,  and  he  is  here- 
by authorized  to  survey,  or  cause  to  be  surveyed  into 
lots,  one  or  two  townships  of  land,  most  suitable  for  set- 
tlement, lying  North  of  the  "  Monument  line,"  so  called, 
said  lots  to  be  surveyed  in  such  size  and  form  as  the  Land 
Agent  may  direct,  having  regard,  as  heretofore,  to  roads, 
streams,  ponds,  mountains  and  waste  lands.  And  the 
surveyor  shall  be  required  to  give  a  particular  account 
and  description  of  the  pine,  and  other  valuable  timber, 


PUBLIC  LANDS.  631 

standing  and  growing  thereon,  of  the  surface  of  the 
land,  of  the  quality  of  the  soil,  and  of  the  water  cour- 
ses. 

3.  Resolved,  That  the  Land  Agent  be,  and  he  is  here- 
by authorized,  to  sell  and  convey,  by  good  and  sufficient 
deeds,  the  lots  thus  surveyed,  to  actual  settlers ;  and  he 
is  also  further  authorized  to  sell  and  convey,  by  good 
and  sufficient  deeds,  six  of  the  townships  situate  and 
lying  North  of  the  Monument  Line — Provided,  that  said 
lots  shall  not  be  sold  for  less  than  fifty  cents  per  acre, 
nor  any  of  said  townships,  however  poor  the  quality  of 
soil,  for  less  than  twenty  cents  per  acre. 

4.  Resolved,  That  His  Excellency  ihe  Governor,  with 
the  advice  of  the  Council  be,  and  he  is  hereby  author- 
ized, to  appoint  one  or  more  Commissioners,  on  the  part 
of  this  Commonwealth,  to  meet  the  Commissioner  or 
Commissioners  appointed  by  the  State  of  Maine,  for 
the  purpose  of  agreeing  upon  a  system  for  the  sale,  dis- 
position, and  management  of  the  public  lands  belonging 
to  this  Commonwealth,  and  the  said  State.  And  His 
Excellency  the  Governor  is  requested  to  furnish  such 
instructions  to  the  Commissioner  or  Commissioners  so 
appointed,  as  he  may  deem  expedient ;  Provided,  that 
the  said  Commissioner  or  Commissioners  shall  not  be 
authorized  to  enter  into  any  agreement  which  shall  have 
any  force  or  effect,  until  the  same  has  been  approved  by 
the  Legislature  of  this  Commonwealth  ;  and  they  shall 
be  instructed  to  lay  before  the  Legislature,  as  soon  as 
may  be,  a  report  of  their  proceedings. 


CHAP.  XXV. 

Resolve  providing  for  the  pay   of   the  Chaplains  of  both 

Houses. 

June  22,  183L 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
treasury  of  this  Commonwealth,  to  the  Rev.  Alonzo 
Potter,  Chaplain  of  the  Senate,   the  sum  of  thirty  dol- 


632  JOSEPH  DURFEE. 

lars,  and  to  the  Rev.  Lyman  Beecher,  the  Rev.  Sebas- 
tian Strectcr,  and  tlie  Rev.  Ezra  S.  Ganheit,  Chaplains 
of  the  House,  the  sum  often  dollars  each,  in  consider- 
ation of  their  services  in  that  capacity,  and  His  Excel- 
lency the  Governor  is  hereby  authorized  and  requested 
to  draw  his  warrant  accordingly. 


CHAP.  XXVI. 

Resolve  on  the    Memorial   of  the  Acting  Quarter  Master 

General. 

June  22,  1831. 

Resolved,  that  the  sum  of  three  thousand  dollars  be, 
and  the  same  hereby  is  appropriated  to  defray  the  ex- 
penses of  the  Quarter  Master  General's  Department ; 
and  His  Excellency  the  Governor,  with  the  advice  of 
council,  is  hereby  authorized  to  draw  his  warrant  on  the 
treasurer  for  the  same,  in  such  sums  and  at  such  times 
as  the  public  service  may  require,  in  favor  of  the  act- 
ing Quarter  Master  General,  for  the  faithful  appropria- 
tion of  which  he  is  lo  be  accountable. 


CHAP.  XXVII. 

Resolve  on  petition   of  Joseph  Durfee,  a  Soldier  of  the 
Revolutionary  War. 

June  22,  1831. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
treasury  of  this  Commonwealth,  to  Joseph  Durfee,  the 
sum  of  one  hundred  dollars,  in  full  for  services  rendered 


JAMES  LLOYD'S  EXECUTORS.    633 

by  him  in  the  Revolutionary  War.     And  His  Excellency 
the  Governor,  with  the  advice  and  consent  of  the  coun- 
cil, is  hereby  authorized  and  requested  to  draw  his  war 
rant  accordingly. 


CHAP.  XXVHL 

On  the  petition  of  Samuel  Hubbard,  John  Pickering, 
John  Borland,  and  William  P.  Green,  Executors  of  the 
last  Will  and  Testament  of  James  Lloyd,  late  of  Bos- 
ton, in  the  county  of  Suffolk,  Esq,  deceased, 

June  23,  183L 

Resolved,  for  the  reasons  set  forth  in  said  petition,  that 
the  Judge  of  Probate  of  said  county  of  Suffolk,  be,  and 
he  hereby  is  authorized  and  directed  to  permit  the  said 
executors  to  take,  from  the  files  of  the  probate  office  of 
said  county  of  Suffolk,  the  original  will  and  codicil  of 
said  deceased,  for  the  purpose  of  having  probate  there- 
of in  the  state  of  New  York  ;  the  said  executors  leaving 
in  said  probate  office  an  attested  copy  of  said  will  and 
codicil ;  and  in  case  of  the  said  executors  being  pre- 
vented by  unavoidable  accident,  or  other  reasonable 
cause,  from  returning  the  said  originals  to  the  said 
probate  office,  that  the  said  attested,  copy  may  be  used, 
and  avail  to  the  like  purposes  as  the  said  originals. 
82 


634  SHEFFEL  WEAVER. 


CHAP.  XXIX. 

Resolve  for  iiay   of   Commissioners    on    Treasurer's 

accounts. 

June  23,  1831. 

Resolved,  That  there  be  paid,  out  of  the  Treasury  of 
this  Commonvvcahh,  to  each  of  the  Commissioners  ap- 
pointed to  examine,  liquidate  and  settle  the  Treasurers' 
accounts,  the  sum  of  three  dollars  per  day,  for  each 
and  every  day  they  may  be  employed  in  that  capacity, 
and  the  sum  of  two  dollars  for  every  ten  miles  travel 
from  their  respective  places  of  abode,  and  the  Gover- 
nor is  requested  to  draw  his  warrant  on  the  treasury  ac- 
cordingly. 


CHAP.  XXX. 

Resolve  in  favor  of  Sheffd  Weaver,  Guardian  to  the  Troy 

Indians. 

June  23,  1831. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
public  Treasury,  to  Sheffel  Weaver,  g-uardian  to  the 
Troy  Indians,  the  sum  of  one  hundred  and  twelve  dol- 
lars and  sixty  eight  cents,  it  being  in  full  for  the  amount 
due  him  for  the  support  and  maintenance  of  Thankful 
Simon,  Thankful  Chase,  belonging  to  said  tribe  of  In- 
dians, and  Hope  Page  and  son,  to  the  thirtieth  day  of 
April  last  past,  and  his  Excellency  the  Governor  is  re- 
quested to  draw  his  warrant  accordingly. 


FUEL.  636 


CHAP.  XXXI. 


Resolve  in  favor  of  James  Conant,  a  Soldier  of  the  Revo- 
lutionary War. 

June  23,  1831. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
treasury  of  this  Commonwealth,  to  James  Conant,  the 
sum  of  sixty  dollars,  in  full  for  services  rendered  by  him 
in  the  war  of  the  revolution.  And  His  Excellency  the 
Governor,  with  the  advice  of  council,  is  hereby  author- 
ized and  requested  to  draw  his  warrant  accordingly. 


CHAP.    XXXH. 

Resolve  to  provide  for  fuel. 

June  23,  1831. 

Resolved,  That  there  be  paid,  out  of  the  treasury  of 
the  Commonwealth,  to  Jacob  Kuhn,  messenger  of  the 
General  Court,  the  sum  of  one  thousand  dollars,  to  ena- 
ble him  to  purchase  fuel  and  such  other  articles  as  may 
be  necessary  for  the  use  of  the  General  Court,  Council 
Chamber,  the  Secretary's,  Treasurer's,  Adjutant  Gene- 
ral's and  Quarter  Master  General's  Offices  ;  and  also 
for  the  Land  Office ;  he  to  be  accountable  for  the  ex- 
penditure of  the  same ;  and  the  Governor  is  requested 
to  draw  his  warrant  accordingly. 


636  JOHN  V.  LOW. 

CHAP.  XXXUI. 

Resolve  to  pay  Jacob  Kuhn. 

June  23,  1831. 

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, 
including  those  meniioned  in  a  resolve  passed  on  the 
nineteenth  day  of  October,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  fourteen,  from  the  thirtieth 
day  of  May  last,  to  the  thirtieth  day  of  January  next,  the 
sum  of  six  hundred  and  sixty  six  dollars,  and  sixty-six 
cents,  payable  quarterly  yearly ;  and  His  Excellency 
the  Governor,  with  the  advice  of  council,  is  requested 
to  draw  his  warrant  accordingly. 


CHAP.  XXXIV. 

Resolve  in  favor  of  John  V.  Low. 

June  23,  1831. 

Resolved,  That  there  be  allowed  and  paid,  from  the 
treasury  of  this  Commonwealth,  to  John  V.  Low,  assis- 
tant messenger  to  the  Governor  and  Council,  two  dol- 
lars per  day,  for  each  and  every  day  he  has  been  or  may 
be  employed  in  that  capacity,  during  the  present  ses- 
sion of  the  council,  and  the  Governor,  with  the  advice 
of  council,  is  authorized  and  requested  to  draw  his  war- 
rant on  the  treasurer  accordingly. 


ROLL,  No.  105 JUNE,  1831.  ] 


The  Committee  on  Accounts,  having  examined  the 
several  accounts  presented  to  them,  Report, 

That  there  are  due  to  the  several  corporations  and 
persons  hereinafter  mentioned,  the  sums  set  against 
their  names  respectively,  which,  when  allowed  and  paid, 
will  be  in  full  discharge  of  the  said  accounts,  to  the 
dates  therein  mentioned,  which  is  respectfully  submit- 
ted. 

By  order  of  Committee  on  Accounts, 

ELIHU  HOYT,  Chairman. 


PAUPER  ACCOUNTS. 


Adams,  for  support  of  Phila  Hill,  Robert  Har- 
ris, Sarah  Goodrich,  Sarah  Dodge,  Ag- 
nes Mores,  and  Chester  Dean,  to  June  1, 
1831,  95  40 

Andover,  for  support  of  Sukey  Hornsby,  Han- 
nah Highland,  Peter  Sigourney,  Mary  Malo- 
ney,  and  her  child,  William  Esther  Benson, 
James  Graham  and  wife,  to  June  1,  1831,  70  78 

Amesbury,  for  support  of  the  family  of  Joshua 
Halley,  viz.   Mary  his  widow,  Joseph  Ly- 


638  PAUPER  ACCOUNTS. 

man,  George  and  Joshua,  children,  Robert 
Baker,  James  Richards,  James  Slandering, 
Mary  Nugeon,  John  Harkley's  family,  viz. 
Nancy  his  wife,  John,  James,  Mary 
Ann,  and  Susan,  children,  to  June  1,  1831,       130  60 

Abington,  for  support  ofMargarct  Jack,  Anto- 
nio Julio,  David  Gurney,  and  Mary  Mclntire, 
to  June  1,  1831,  47  06 

Barnstable,  for  support  of  John  Robinson,  to 

June  1,  1831,  18  64 

Becket,  for  support  of  Elizabctli  Hamblin,  and 

Maria  Parker's  child,  to  June  I,    1831,  48  63 

Beverly,  for  support  of  Dolly  Claxton,  Catha- 
rine Cameron,  Richard  Dorain,  Catharine 
Dorain,  Harriet  Cameron,  Joseph  and  Ben- 
jamin Cameron,  (children)  supplies  to  John 
Kelly,  to  June  1,  1831,  52  52 

Brookline,  for  support  of  Ann  Potter,  a  child, 

to  June  1,  1831,  26  00 

Blanford,  for  support  of  Susan  Burdick,  John 
H.  Durlam,  and  Polly  Burdick,  to  May  26, 
1831,  140  40 

Belchertown,  for  support  of  Hannah  Levens, 
Susan  Mclntire,  James  McDonough,  Char- , 
lotte  McDonough,  Barnard  McCarney,  Ma- 
ry McCarney,  John,  James,  and  Peter  Mc 
Carney,  cliildren,  William  Dailcy,  Samuel 
Woodward,  Alexander  Moor,  Betsey  Moor, 
Lucinda  Moor,  till  her  death,  Levi,  Harriet, 
Henry  and  Benjamin,  children  of  said  Moor, 
(funeral  expense  of  Benjamin,)  Joel  Haz- 
ard, Polly  Hazard,  till  her  death,  Stephen 
Smith,  child,  William  Jenkins,  Edwin  Haz- 
ard, child,  Nancy  Hazard,  do.  to  June  1, 
1831,  146  53 

Boston,  for  support  of  sundry  Paupers  in  the 

House  of  Industry,  to  June  1,  1831,  5,601   97 

Boston,  for  support  of  sundry  Paupers  in  and 

from  the  Alms  House,  to  June  1,  1831,         2,115  35 

Boston,  for  support  of  sundry  Paupers  in   the 

House  of  Reformation,  to  June  1,  1831,  220  00 


PAUPER  ACCOUNTS.  639 

County  of  Suffolk,  for  support  of  sundry  Pau- 
pers in  the  House  of  Correction,  to  June  1, 
1831,  214  62 

Chester,  for  support  of  Ann  Butolph,  Jerry 
Hardy,  and  Benjamin  Powers,  to  June  1, 
1831.  60  27 

Cheshire,  for  support  of  Ephraim  Richardson, 
Noel  Randal,  Polly  Cooper,  Molly  Dinion, 
Levi  Pcirce,  and  Ebenezer  Lilly,  to  June 
1,  1831,  109  66 

Clarksburg,  for  support  of  Lovell  Hill,  and 
Naomi,  Malvina,  William  and  Caroline  Hill, 
(children)  and  James  Cook,  to  June  1, 
1831,  84  60 

Charlton,  for  support   of    Robert  Bennett  and 

William  Hampton,  to  May  28,  1831,  29  97 

Conway,  for  support  of  Hannah  Hall,  Sally  Mc 
Murphy,  and  Robert  Burgess,  to  June  1, 
1831,  44  22 

Cummington,  for  support  of  Brister  Peirce,  to 
June  1,  1831,  48  44 

Colrain,  for  support  of  Kate  Van  Voltenburg, 
Lucy  Freeman,  Harriet,  John  and  Lucy 
Freeman,  illegitimate  children  of  said  Lucy, 
Stephen,  illegitimate  child  of  Sally  Hart,  to 
June  1,  1831,  76  25 

County  of  Essex,  for  support  of  sundry  Pau- 
pers in  the  House  of  Correction,  to  April 
12,  1831,  358  33 

Cambridge,  for  support  of  sundry  Paupers,  to 

June  1,  1831,  ],864  37 

County  of  Middlesex,  for  support  of  Naley  Ca- 
rey, William  Bradbury,  John  Watson,  Dan- 
iel Luke  and  Herman  Davis,  in  the  House 
of  Correction,  to  May  10,  1831,  55  A3' 

Charlestown,  for  support  of    sundry  Paupers, 

to  June  1,  1831,  2,235  10 

Dartmouth,  for  support  of  James  Jenkins,  Eli- 
za Springer,  Polly  Springer,  child,  George, 
Cornelius,  Fanny,  Lydia  and  John  Springer, 
children  of  said  Eliza  Springer,  Eliza,  Sa- 


640  PAUPER  ACCOUNTS. 

rah,  Roby  and  James  Sweet,  (children,) 
Carohne  Sweet,  do.,  Cuff  Freeborn,  and 
Samuel  Blanding.  Also  for  expense  of  re- 
moving the  Springer  family  from  the  state, 
to  June  1,  1831,  66  09 

Dalton,  for  support  of  Philip  and  Mary  Hoose, 
and  Charles  Mc  Kee,  a  child,  to  June  1, 
1831,  49  06 

Deerfield,    for  support  of  Lovina  Witherell, 

and  Prince  Emanuel,  to  June  1,  1831,  38  84 

Dighton,  for  support  of  Molly  Fish,  to  June  1, 

1831,  15  30 

Danvers,  for  support  of  John  Fitzgerald,  Ce- 
sar Wilcox,  James  Wallace,  John  H-enley, 
Joel  Wesson,  Joseph  Currier,  Peter  Cun- 
ningham,  Morice   Foley,    Michael    Griffin, 

David    Welsh   and    wife,  Margaret  • 

Andrew  Fuller,  Eliza  Mahon  and  her  two 
children,  John  and  Charlotte,  to  June  1, 
1831,  178  00 

East  Bridgewater,  for  support  of  Lucinda  Ne- 
ro, Betty  Chase,  Elihu  Stevens,  Robert  Sea- 
ver,  Asa  Mingal,  Samuel  Wood,  Meribah 
Williams,  and  her  two  children,  Joseph  S. 
Perry,  wife  and  three  children,  Nathaniel 
Lawrence  till  his  decease,  to  June  1,  1831,      204  70 

East  Sudbury,  for  support  of  David  Curtis,  to 

June  1,  1831,  60  95 

Easthampton,  for  support  of  Submit  Bailey, 
and  her  two  children,  Ozias  and  Charles, 
to  June  1,  1831,  38  81 

Franklin,  for  support   of    Susanna   Parker,  a 

child,  to  May  24,  1831,  35  00 

Foxborough,  for  support  of  Caroline  G.  Howe 

and  Susan  Rider,  to  June  1,  1831,  33  81 

Gloucester,  for  support  of  Elizabeth  Dowsett, 
Anna  Youhng,  Nancy  Youling,  Elizabeth 
Dade,  Betsy  Lang,  Leah  Francis,  Jane 
Francis,  Lydia  Witham,  John  Shaftoe,  Wil- 
liam Pressa,  Samuel  Youling,  Mark  Grimes, 
Benjamin   Laroque,   till   his   death,  Nancy 


PAUPER  ACCOUNTS.  641 

Morrecn  find  lier  infant  cliild,  both  till 
death,  Charles  Tohnan,  and  funeral  expen- 
ses of  Jane  Francis,  to  June  1,  1831,  259  60 

Granville,  for  support  of  Sally  Stewart,  Mary 
Bard^n,  Minerva  Barker,  and  Clarissa  Bar- 
ker, a  child,  to  June  1,  1831,  58  03 

Great  Barrington,  for  support  of  Joanna  Por- 
ter, Lucy  Porter,  Peter  Smith,  Sarah  Smith, 
Amarilla  Wells,  (a  child)  Mary  Ann  Hutch- 
inson, Maria  Kogers,  (child)  Henry  Eaton, 
do.  William  Wells,  do.  Jolm  McGeorge,  Jo- 
seph Bradley,  Anthony  Purdv,  to  .June  1, 
1831,  '  ■  167  05 

Hancock,  for  support  of  Michael  Cushman, 
Sabrina  Binghan^,  Darius  Green,  and  Abi- 
gail, his  wife,  Barnet  and  Abigail,  children 
of  said  Green,  Silas  Shipman  and  wife,  John 
H.  North,  a  child,  to  May  ''2,  1831, 

Hadley,  for  support  of  Rebecca  Allen,  to  June 
1,  1831, 

Hanover,  for  support  of  Hannah  Long,  to 
June  1,  1831, 

Holliston,  for  support  of  Henry  Burley  and 
John  B.  Ford,  to  June  1,  1831, 

Ipswich,  for  support  of  John  O'Brien,  Thomas 
Powers,  Richard  Powers,  Francis  Lord, 
Luke  Whims,  Ally  Whims,  Bridget  Cook, 
and  her  child,  and  John  Hill,  to  June  1, 
1831,  61   11 

Lenox,  for  support  of  Moses  McGraw,  Day- 
ton Fuller,  Samuel  Bell,  Catharine  Hough, 
Edward  Hurlhurt,  Lucinda  and  Aurilla, 
children  of  said  Hurlburt,  Samuel  Jackson, 
child,  Dayton  Fuller,  do,  Lester  and  Eras- 
tus  Fuller,  do.  Samuel  Boid,  tid  his  death, 
Aurilla  Maria  Tenyke,  Henry  Tenyke,  a 
child,  Edward  G.  Hurlburt,  do.  to  June  1, 
1831,  197  81 

Leyden,   for  support  of  Arnold  Clark,  Tacy 
Clark,    Ruth    Abel,    Joseph    Abel,    Phillis 
Young,  Catharine   Booth,  Sarah    vStaunlon, 
83 


642  PAUPER  ACCOUNTS. 

and  the  following  children,  Sarah  and  Ca- 
tharine Booth,  Eliza  Booth,  and  George 
White,  to  June  1,  1831,  186  29 

Lanesborongh,  for  support  of  Emma  Foot, 
Lucy  iJ.  Goman,  Mary  Squire?,  Amos  Dodge,  * 
Mary  Dodge,  Amelia  Bennett,  Mary  Van- 
sickle,  Rufus  Dodge,  (child)  Loring  Dodge, 
do.  John  Dodge,  do.  Lucinda  F.  Dodge, 
do.  Amanda  Lane,  do.  John  Stanborough, 
do.  Harriet  Stanborough,  do.  to  June  1, 
1831,  207  13 

Lee,  for  support  of  Sarah  Ross,  John  Marble, 
and  wife,  Jeffry  Jurkin,  Amos  Moore,  John 
Somers  and  wife,  Dan  Leander  Quigley, 
child,  William  Quigley,  do.  Elisha  Bates 
and  wife,  to  June  1,  1831,  128  58 

Lynn,  for  support  of  John  Battic,  John  Chris- 
tian till  his  death,  Rebecca  Ross,  William 
Ross,  child,  Walter  Ross,  do.  Rebecca  Ross 
do.  James  Proctor,  do.  G.  W.  Cogswell, do. 
John  Cauthron,  John  Lyons,  Griffith  Jones 
till  his  death,  to  June  1,  1831.  116  18 

Milton,  for  support  of  James  Bowman,  Archi- 
bald Mc'Donald,  John  C.  Drew,  George 
Hamilton,  a  child,  and  Mary  A.  Wright  a 
child,  to  June  1,  1831  61  40 

Montgomery,  for  support  of    Willard  Convers 

and  Hannah  Baham,  to  June  1,  1831  38  84 

Manchester,  for  support  of  Mary  Ann  Wlica- 
lon  and  her  two  children,  Edward  and  Jos- 
eph, to  June  1,1831,  39  90 

Mendon,  for  support  of  John  Ager,  Levi  Young, 
Martha  Newell,  Ezra  Comstock,  Mary  Mer- 
cy, Amy  Freeman,  Thomas  J.  Freeman, 
child,  to  June  1,  1831,  208  08 

Medford,  for  support  of  Dorothy  Lyman,  Hen- 
ry Boon,  William  Stone,  Micah  M'Gary  and 
wife,  Hendrick  Miller,  Ellen  Olany,  Eli- 
zabeth and  Arthur  O'Lany  children,  Den- 
nis Ryan,  Patrick  Berry,  Lydia  Brooks, 
Martha,  Harriet  and  Eliza  Brooks,  children, 


PAUPER  ACCOUNTS.  643 

Sarah  Young,  John  Young  a  child,  to  June 
1,1831,  184  98 

Monson,  for  support  of  Mary  Allen,  Hannah 
Brown,  Flora  Story,  Rokana  Wallis,  Benj. 
Wallis,  child,  and  Dickenson  Wallis,  do.  to 
June  1,  1831,  78  85 

Marshfield,  for  support  of  Bristol  White,  Jenny 
Prince,  John  Quackovv,  John  Quackow, 
Jun,  child,  Peggy  Quackow,  do.  Jane 
Quackow,  do.  Samuel  Holmes  and  John 
Baker,  to  June  1,  1831,  42883 

New  Ashford,  for  support  of  Mary    Fuller   to 

June  1,  1831,  62  10 

Newburyport,  for  support  of  sundry  paupers   to 

June  1,  1831,  77190 

Norton,    for   support   of   Samuel  Walker,    to 

March  15,  1831,  7  14 

Newbury,   for    support  of  sundry   Paupers,    to 

June  1,  1831,  628  28 

North  Bridgewatcr,  for  support  of  James  Uor- 
rain,  Deborah  Van  Rensellaer,  Charlotte 
Wood  and  William  Lewis,  to  June  1,  1831.        77  40 

Northampton,  for  support  of  John  Delany,  Al- 
mira  Welsh,  and    her  two  children,    Robert 
Miller,  child,  Polly  Jones  and  child,  Primus 
Johnson  and  wife,  Cesar  Tapparis  two  chil- 
dren, Luchjs  L.   Gransey,  Samuel  Dunstan, 
Charles  Andrews,  Lydia  Rock,  John  Dough- 
erty and  wife,  and  child,   Charles    Johnson, 
James   Monroe,  William  Naureen,   William 
Appleton,    Garnett    Stock,    Thomas    Pitts, 
wife  and  her  three    children,  William    Hor- 
ton's  wife,  Patrick  Farley,   David    Johnson, 
James   Collins   till   his  death,    Thomas    N. 
Ross,  James    Craven,    John  Marhar's  wife 
and  four  children,  Betsey  Gregory  and  four 
children,  Thomas  Evans,  Owen  Martin,  Pe- 
ter O'Leary,  Michael  O^Neal,  Mary  Bishop, 
Sarah  Ann  Van    Nevers,    John   Peters  and 
wife,  Edward  Salisbury,  child,  Nancy  John- 
son, John    Butterfield,   Alexander  M'Flam, 
Dennis  Gilen,    Martin  Joy  and   wife,  John 


644  PAUPER  ACCOUNTS. 

Freeman,  Henry  Tutlle  and  wife  and  their 
two  children,  Philip  Princely,  Eliza  Draper 
and  child,  John  Hughes,  wife  and  child, 
Thomas  Sowerly  and  wife,  Samuel  Bake- 
man,  to  June  1,  1831,  784  25 

Needham,  for  support  of  Margaret  Riley,  and 
her  son  John,  Sarah  Pastil!,  Lemuel  Pratt, 
John  Pitcher,  (Lemuel  Pratt  not  allowed,) 
to  June  1,  1831,  209  49 

Oakham,   for  support   of    Toby  Barker,    till 

his  death,  41   25 

Orange,  for  support   of    Mary  Smith,    James 

Emory,  and  Moses  Smith,  to  June  1,  1831,       33  01 

Pembroke,  for  support  of  Rhoda  Prince,  Mary 
Giftbrd,  and  Caroline  Fuller,  till  her  death, 
to  June  1,  1831,  41   71 

Pittsfield,  for  support  of  James  Gordon,  The- 
odore Brown,  child,  Cato  Buckway,  do., 
James  Irwin,  do.  Edward  Thompson,  do. 
Charles  Thompson,  do.  Henry  Thompson, 
do.  Caroline  Stanboro',  do.  Frances  Smith, 
John  Smith,  child,  Frances  and  Wm.  Smith, 
do.  James  and  Levi  Smith,  do.  Prudence 
Barry,  Jane  Austin,  Edward  and  George 
Barker,  children,  Polly  Little,  do.  Hannah 
Thompson,  till  hei  death — supplies  to  Roxa 
Richards  and  children,  to  June  1,  1831,  273  59 

Pawtucket,  for  support  of  Jane  Donaldson  and 
child,  Catharine  Daley,  and  Alia  Mackin- 
ella,  to  June  1,  1831,  47  31 

Phillipston,  for  support  of  Abraham  School,  to 

May  21,  1831,  18  13 

Princeton,  for  support  of    VVm.  Gaul,  to  Nov. 

30,  1830,  9  80 

Russell,  for  support  of  Sally  Harrington,  Mary 
Newton,  Mary  and  Nancy  Hale,  children, 
to  June  1,  1831,  60  38 

Roxbury,  for  support  of  Peter  Chapman,  Ed- 
ward Shehane,  Emanuel  Swasey,  Jane  Lan- 
ders, John  Guyrn,  Mary,  Catharine,  Mar- 
tha and  Michael,   children  of  said   Guyrn, 


PAUPER  ACCOUNTS.  645 

Edmund  Malier  Thomas  Brinn,  Patrick  Co- 
dy, Susanna  Cody,  James,  Michael  and  Su- 
sanna, children  of  said  Codys,  Ann  Skelton, 
William  Jones,  Mary  A.  Smith,  William  Rob- 
erts, James  GofF,  James  Tarry,  Patrick  Dowd 
Mary  A.  Dowd,  Mary  A.  Williams,  Sophia 
Williams,  Mary  A.  Williams,  a  child,  Han- 
nah Purchase,  John  Casby,  Thomas  Powers, 
Samuel  Abbot,  Robert  Clew,  Eleanor  O. 
Lang,  Elizabeth  and  Arthur  Lang,  children, 
Andrew  Never,  Richard  Whalen,  Simon 
Lynch,  wife  and  two  children,  supplies  to 
Patrick  Kinney,  and  family,  IVIrs  Dowland 
and  children,  Mrs  Kelly  do.  Mrs  Sweeney 
do.  Thomas  Finneron,  Samuel  Brown  Rich, 
to  June  I,  1831,  38718 

Rowley  for  support  of  Wm.  Davis,  Orna  Da- 
vis, VVm.  O.  Bennett,  Louisa  Price,  Henry 
Mason,  Abraham  Perkins,  Hannah  Perkins, 
Hannah  Perkins,  jr.  Richard  Doren,  Catha- 
rine Doren,  Michael  Delano,  Sarah  Boyle, 
Christopher  Brown,  Mary  Brown,  John  O'- 
Donnell,  Eliza  O'Donnell,  Ira  Hammond, 
Susan  Hammond,  Jolin  Stafford,  Bridget 
Stafford,  Reuben  Underbill,  William  Friday, 
Paul  Peterson,  till  his  death,  Jacob  Wheeler, 
do,  John  Webber,  Richard  Powers,  John 
Quirk,  Dennis  F.  Jeryl,  Job  Phinney,  Mat- 
thew Sullivan,  Mary  Burns,  James  M' Allen, 
Sarah  M' Allen,  David  Welsh,  and  the  fol- 
lowing children  viz.  William  Henry  M'Allen, 
Jane  Davis,  Catharine  Davis,  Thomas 
O'Donnell  and  Lorenzo  Hammond,  to  June 
1,  1831,  447  76 

Richmond,  for  support  of  Nancy  Jessup,  Su- 
san Darling,  Jacob  Wicker,  Sarah  H.  R. 
Crittenden,  and  the  following  children,  viz  : 
Amos,  Aseneth,  Ann,  Mary  Jane,  Francis 
H.  and  Emmeline  C.  Darbng,  and  Adeline 
M.  Hagar,  to  June  1,  1831,  119  70 

Shutesbury,  for  support  of  Peter  Jackson  and 
wife,  John  Vanauly  and   wife,  and    Sarah, 


646  PAUPER  ACCOUNTS. 

Zechariah  and  Charles  Phinnemore,  chil- 
dren of  widow  Sarah  Phenniraore,  to  June 
1,  1831,  112  54 

South  Hadley,  for  support  of  Paupers,  amount 
of  short  allowance  by  mistake  in  former  ac- 
count, June  1,  1831,  1   14 

Sandisfield,  for  support  of  Catharine  Deming, 
and  four  children,  viz.  :  Henry,  Eri  JeromCj 
Ann  Louisa,  and  Angeline  Catharine,  Phil- 
lis  Dickinson,  and  Benj.  Whitney,  a  child,  to 
June  1,  1831,  60  64 

Southampton,  for   support  of    John    Cochran 

and  Samuel  Crisp,  to  June  1,  1831,  31   05 

Sheffield,  for  support  of  Cliarlotte  Turner, 
Dennis  Kelly,  a  child,  Caroline  Kelly,  do. 
Andrew  Doyle,  Nancy  Ann  Doyle,  Sarah 
Turner,  Frank  and  Harriett  Freeman,  chil- 
dren, to  June  1,  1831,  87  37 

Sutton,  for  support  of  Ja'i.'es  N.  Clark,  to  Feb. 

10,  1831,  9  26 

Savoy,  for  funeral   expenses  of   Welcome  H. 

Oliver,  4  00 

Salem,  for  support  of  sundry  Paupers,  to  June 

1,  1831,  1,241  40 

Swanzey,  for  support  of  Martha  Dowsnips,  Ju- 
dith McCarter,  Susanna  an  Indian,  Betsy 
Lovejoy,  Rosilla  Freeman  and  Olive  Free- 
man, to  June  1,  1831,  110  31 

Somerset  for  support  of  Polly  Hill,  Ann  M'Giv- 
en,  and  her  three  children  viz.  Ann,  Alice 
and  Thomas,  to  June  1,  1831,  69  30 

Scituatc,  for  support  of  Susan  London,  Zilpha 
Whitcomb,  Betsey  Freeman  and  her  infant 
child,  Elizabeth  G.  Freeman,  Thirza  Free- 
man, Mary  Brown,  Maria  Brown,  and  Zil- 
pha Scott,  to  June  1,  1831,  319  35 

Stockbridge,  for  supportof  Abraham  Parmalee, 
Martha  Dowd,  Margery  Curtis,  Dinah  El- 
key,  and  Dorcas  Webster,  to  June  1,  1831.        117  00 

Topsfield,  for  support  of  Phillis  Emerson,   to 

June  1,  1831,  4732 


PAUPER  ACCOUNTS.  647 

Tolland,  for  support  of  Desire  Adgitat  and  Du- 

mel  Swan,  to  June  1,  1831.  52  2Q 

Tyringham,  for  support  of  Richard  Gardner 
and  wife,  and  funeral  expenses  of  latter,  Asa 
Thompson,  Mary  Uiskill,  Parniela  Filley, 
Tenipernnce  Sears,  Elvira  Watkins,  Polly 
Ayres,  Joseph  Ayres,  Sarah  Ayres,  Mary 
Ayres,  and  an  infant,  the  four  last  children, 
Jacoh  Van  Dowsen  and  wife,  to  June  1, 
1831,  193  79 

Taunton  for  support  of  Deborah  Smith,  Ro- 
bert Wilson,  Joseph  Lyon,  Samuel  Rose  till 
his  death,  George  Burkett,  Mary  W.  Bur- 
kett,  Nancy,  Alice,  and  Robert  Burkett,  chil- 
dren, Eleanor  Ball,  Moses  Shute,  Polly  Web- 
ster, Charlotte  Martin,  and  funeral  expen- 
ses of  Edward  Leach  and^Joscph  Whiting, 
jun.  to  June  1,  1831,  207  89 

Troy,  for  support  of  Sarah  Carter  and    child, 

and  Alice  Devlin  and  child,  to  Feb.  28, 1831,       149  50 

Tewksbury,  for  support  of  Peter  Dane,  a  child 

to  Feb.  15,  1831  32  00 

Uxbridge,  for  support  of  Mary  Pratt,  Nicholas 
Stevens,  his  wife  and  three  children,  Char- 
lotte Salisbury  and  child,  Zechariah  M. 
Soule  and  wife,  and  funeral  expenses  of 
Nicholas  Stevens,  to  June  1,  1831,  131  35 

Whately,  for  support  of  Elizabeth  M'Coy,  Jesse 
Jewett,  Mary  Ann  Jcwett  a  child,  William 
M.  Jewett,  do.  two  last  not  allowed,  to  June 
1,1831,  34  86 

Warwich,  for  support  of  John  C.Miller,  Sam- 
uel and  Molly  Gunn,  and  Charles  Gunn, 
their  son,  to  June   1,  1831,  65  35 

Williamsburg,  for  support  of  James  Turner, 
Dotia  Turner  and  Robert  Burgess,  to  June 
1,1831,  4435 

West  Springfield,  for  support  of  Louis  Chevoy 
Hannah  Chevoy,   Louisa  Chevoy,   and  Val-^ 
entine  Worthy,  to  June  1,  1831,  99  24 

Westfield,  for  support  of  John  N.  Berry  and 
wife,  Aseneth  Gibson,  Mary   Parks,  Mary 


648  PAUPER  ACCOUNTS. 

Ann  Baker,  Hepsibab  Brown,  Betsey  Rose, 
Sally  Baker,  Eunice  French,  child,  George 
Dewey,  do.  Cynthia  Baker,  do.  to  June  1, 
1831,  1«5  19 

Washington,  for  support  of  John  Thompson, 
Henry  Panton,  Jerusha  King,  and  her  three 
children,  to  June  1,1831,  59  32 

Westhampton,  for  support  of  Jane  Gay,  Silvia 
Miller,  and  Filia  Sherman,  a  child,  to  June 
1,1831,  49  62 

West  Newbury,  for  support  of  wife  and  family 
of  Richard  Renton,  viz.  :  Mrs.  Renton,  Su- 
san Ann,  aged  12,  George  Keely,  9,  William 
Alfred,  7,  Rebecca  Duncan,  4,  and  Sarah 
Hopkinson,  2,  to  June  1,  1831,  73  35 

Woburn,  for  support  of  John  Sullivan,  to  June 

1,  1831,  30  98 

Westport,  for  support  of   Nathaniel  Nottage, 

to  May  20,  1831,  46  80 

West  Stockbridgc,  for  support  of  Ebenezer 
Wood,  Abigail  Wood,  James  C.  Briggs,  Ran- 
som H.  Briggs,  Lucy  Lane,  Sally  Barton, 
Lucretia  Bellamy,  Mary  M.  Stoddard,  Lu- 
cretia  C.  Stoddard,  a  child,  Frederick  H. 
and  Elsey  A.  Stoddard,  children,  and  Hen- 
ry W.  Rogers,  to  June  1,  1831,  205  09 

Williamstown,  for  support  of  Asahel  Foot,  Ra- 
chel Galusha,  John  G.  Henderson,  Sebory 
Lamphere,  Betsy  Jackson,  and  Peggy,  her 
child,  to  June  l,*183l,  175  60 

Yarmouth,  for  support  of  Thomas  Peters  till 
his  death.  Black  Let,  and  Anna  Knight,  to 
May  19,  1831,  56  02 


Aggregate  of  Pauper  Accounts,         ^25,354  92 


MILITARY  ACCOUNTS. 


649 


MILITARY  ACCOUNTS. 

Court  Martial. 

General  Court  Martial   holden   at  Lenox,  22d  March, 

1831. 

Members^  Maj.  Gen.  Nathan  Heard,  President 

Brig.  Gen.  Lyman  Judd, 

"  Alanson  Clark, 

Colonel,  David  Wood, 

"  Grenville  D.  Weston, 

Major,  W.  Porter,  jun.  Judge  Adv. 

Major,  Daniel  B.  Bush,  Marshall, 

SergH,  Howard  Chamberlain,  OrdUy, 

Witnesses. 


Timothy  Wainwright, 
Melancthon  Lewis, 
Isaac  W.  Taylor, 
Bidwell  Brewer, 
Joel  Kilbourn, 
Increase  Sumner, 
Daniel  A.  Garfield, 
Orel  A.  Thorp, 
Lyman  Hall, 
Franklin  Weston, 
John  Whiting, 
Edson  Sexton, 
Henry  Raymond, 
Levi  Crocker, 

Summoning  Witnesses. 

Ebenezer  Williams, 
Joseph  Palmer, 
Miles  Bartholomew, 
Julius  P.  Rockwell, 
John  Pomroy, 

84 


0  14 

1  14 
1  96 
1  74 
1  ^S 


650  MILITARY  ACCOUNTS. 

Franklin  Weston,  serving  Warrants,  &:c.  13  40 

W.  Porter,  jun.  Judge  Adv.  for  Stationary,  5  00 

Joel  Davis  taking  care  of  Court  House,  luel,  &c.     13  00 

Aggregate  Court  Martial, 

Aid  de  Camp. 
Charles  Ely,  to  Dec.  31,  1830, 

Brigade  Major. 
Truman  Clark,  to  December  31,  1830, 

Adjutants. 

John  Towne,  to  May  21,  1831, 
William  H.  Squire,  to  Dec.  31,  1830, 
Chauncey  R.  Baldwin,  to  Dec.  31,  1830, 
Isaac  Bartlett,  to  Dec.  31,  1830, 
Oliver  Harrington,  to  July  9,  1 830, 
Reuel  Lawrence,  to  Dec.  31,  1830, 
Timothy  Jones,  to  May  2,  1830, 
Elias  Wright,  to  Dec.  31,  1830, 
Edwin  Bosworth,  to  Dec.  31,  1830, 

Hauling  Artillery. 

Joseph  B.  Fowle,  1830, 
William  Morse,  1830, 
Leonard  Wilmarth,  jun.  1830, 
George  W.  Houghton,  1830, 


274  39 

34 

37 

40 

00 

25 

00 

25 

00 

25 

00 

15 

00 

13 

10 

33 

33 

8 

40 

14 

10 

15 

00 

12 

00 

10 

(JO 

5 

25 

5 

00 

Aggregate  Brig.  Maj.  Adjutants,  and 

Hauling  Artillery,  #280  55 

Aggregate  of  Military  Account,  ;^554  94 


AGGREGATE  OP  ROLL,  ISO.  105. 

Pauper  Accounts,  #25,354  92 

Military  Accounts,  554  94 

Total,  Roll  No.  105,  ^25,909  86 


RESOLVE.  651 


COMMONWEALTH  OF  MASSACHUSETTS. 

A  Resolve  for  the  paijmcnt   of  Roll  No.    105  of  Pauper 
and  Military  Accounts. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Public  Treasury,  to  the  several  persons  and  corpora- 
tions mentioned  in  this  roll,  the  sums  set  against  their 
names  respectively,  amounting  in  the  whole,  to  twenty 
five  thousand,  nine  hundred  ynd  nine  dollars,  and  eighty 
six  cents,  the  same  being  in  full  discharge  of  all  the  ac- 
counts, and  demands  to  which  they  refer,  and  his  Ex- 
cellency the  Governor  is  hereby  requested  to  draw  his 
warrant  accordingly. 

In  Senate,  June  15,  1831. — Read   twice  and    passed, 
Sent  down  for  concurrence, 
LEVERETTSALTONSTALL  President. 

In  House  of  Representatives,  June  16,  1831. — Read 
twice  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker, 

June  17,  1831, 

Approved, 

LEVI    LINCOLN. 


CommontueaUti  of  ^au^m^umtt^. 


Treasury  Office  June  15,  1831. 

The  Treasurer  having  examined  and  adjusted  the  ac- 
counts presented  to  hinm,  asks  leave  to  Report,  that  there 
is  due  to  the  several  persons  enumerated  on  the  follow- 
ing Roll,  the  sums  set  against  their  names  respectively, 
which,  when  allowed  and  paid,  will  be  in  full  discharge 
of  the  said  accounts  to  the  dates  therein  mentioned. 
Respectfully  submitted, 

JOSEPH  SEWALL,  Treasurer, 
To  the  Honorable  Senate 

and  House  of  Representatives. 


ROLL  OF  ACCOUNTS  AUDITED  BY  THE 
TREASURER,  AND  REPORTED 
15TH  JUNE,  183L 


PRINTERS. 
Adams,  &.  Hudson,  newspapers  to  June  15, 

1831,  and  publishing  laws  to  May,  1831,        #132  29 
Ballard  &  Co.  papers  to  June    15,   1831,  pub- 

lishing  laws,  &c.  to  June,  1831,  101   14 

Badger  and  Porter,  papers  to  June  14,  1831,         90  35 
Beals  and   Homer,   papers  to  June   15,  1831, 

publishing  laws,  &c.  to  June  1831,  70  30 

Buckingham,  Joseph  T.,  papers  to  June  15th, 

1831,  82  88 

Colton,   S.  H.   &  C,  publishing  laws  to  May 

1831,  16  67 

Carter,  Hendee  and  Babcock,  papers  to  June 

18,  1831,  13  03 

Clapp,  William  W,  papers  to  June  11th,  1831, 

advertising,  &c.,  38  87 

Dutton  and  Wentworth,  printing 

for  the  Senate,  577  20 


Do. 
Do. 
Do. 
Do. 
Do. 


House,  382  37 

Secretary,  680  92 

Treasurer,  259  63 

Adjutant  General,  226  74 
Land  Office,  109  24 


Papers  to  June  15,  1831,  3  44 


2,239  54 
Grout,  Moses  W.,  publishing  laws,  1830  and 

1831,  16  67 

Huntington,   I.  D.,  publishing  laws  to  Dec. 

1 830,  and  advertising  amendments,  25  00 


654  MISCELLANIES. 

Hill,  F.  S.  papers  to  June  11th,  1831,  and  ad- 
vertising amendments, 
Hale,  Nathan,  papers  to  June  15th,  1831, 
Judd,    Sylvester,  publishing  laws  May    1830, 

and  January,  1831, 
Kneeland,  Abner,  agent  for  the  Investigator, 

papers  to  June  15th,  1831, 
Knowlton,  J.   S.  C,    publishing   amendments 

and  laws  to  May,  1831, 
Lindsay,  B.  and  Son,  publishing  Laws  to  May, 

1831, 
Lummus,  Aaron,  papers  to  June  15th,  1831, 
Nichols,  William,  papers  to  June  11th,  1831, 
Proprietors  of  Boston  Christian  Herald,  pa- 
pers to  June  loth,  1831, 
Proprietors  of  Boston  Press,    advertising  and 

publishing  laws  to  June  1831, 
Palfray,  Warwick,  Jr.,  publishinglavvs  to  June, 

1831, 
Rogers,  E.  P.,  publishing  amendment  of  con- 
stitution, 
Russell,  J.  B.,  papers  to  June  12,  1831, 
Reed,  David,  papers  to  June  11,    1831, 
True  and  Greene,  papers  to  June  11th,   1831, 
Willis,  Nathaniel,  papers  to  June  15th,  1831, 
Wood  &  Scvey,  papers  to  June  1  ith,  1831, 


46  69 

43 

08 

16  66 

5 

08 

45 

32 

16 

67 

4  02 

6 

18 

26 

54 

51 

57 

16 

67 

8 

33 

33 

29 

11 

25 

27 

64 

16  44 

4 

84 

$  3,207  01 


MISCELLANIES. 


Adams,  Wm.  &  G.  W.,  repairs,  30  38 

Burditt,  James  W.,  stationary  for 

Secretary,  98  04 

Treasurer,  1  20 

Adjutant  General,  22  22 


MISCELLANIES.  655 


Library,  17  92 

Legislature,  261   84 


401   22 

Blaney,  Henry,  repairs,  &c.,  38  65 

Bradlee,  Samuel,  and  son,  hardware,  9  64 

Bacon,  Henry,   Assistant  Messenger  to  June 

18th,  1831,  52  00 

Chase,  Warren,  Assistant  Messenger,  to  June 

18,  1831,  52  00 

Cutting,  E.  W.  and  Son,  assistant  messenger, 

and  page,  to  June  18,  1831.  70  00 

Gore  si  Baker,  Painting,  5  00 

Goodrich,  I.  W.   Stationary  for  Secretary,  24  00 

Jackson,  Hon.    Charles,    for  payment    to    L. 
Stanvvood  for  copying  act   for  relief  of  In- 
solvent debtors,  35  00 
Jacob  Kuhn,  balance  of  account  current,  3i  61 
Loring,    Josiah,   Stationary    for 

Treasurer,  40  53 

Secretary,  28  75 


Loring,  Benjamin,  &  Co.  paper 

for  Adjutant  General,  4  50 

Secretary,  2  25 


69  28 


6  75 


Murphy,  David,  Assistant  Messenger,  to  June 

1 8th,  1831,  48  00 

Pitts,  Sarah,  for  her  son's  services  as  Page,  to 

June  18th,  1831,  22  00 

Rogers,   Isaiah,  drawing  plans   for   fire  proof 

rooms,  40  00 

Snelling,  Enoch  H.  glazing  and  cleaning  win- 
dows, 57  02 

Wheeler,  John  H.  repairs  to  June  13th,  1831,      172  74 

;^1,168  29 


656  AGGREGATE. 


SHERIFFS. 


Austin,  Nathaniel,  returning  votes  to  May  14th, 

1831,  16  22 

Folger,  P.   S.  returning  votes   to    April   9th, 

1831, 
Hoyt,  Epaphras,  returning  votes  to  May,  1831, 
Leonard,  Horatio,returning  votes  to  May,  1831, 
Phelps,  John,  returning  votes  to  May,  1831, 
Sprague,  Joseph  E.    returning  votes   to  May, 

1831, 
Pease,  Isaiah  D.  returning  votes  to  April,  1831, 

;^131  09 


10 

40 

8 

00 

27 

87 

39 

60 

22 

00 

8 

00 

CORONERS. 

French,  Isaiah  B.  charges  of  Inquisitions, 
Kempton,  Ephraim,  charges  of  Inquisitions, 
Knowles,  Henry,  charges  of  Inquisitions, 
Livermore,  Walton,  charges  of  Inquisitions, 
Newcomb,  Jeremiah,  charges  of  Inquisitions, 
Snow,  Prince,  charges  of  Inqui- 
sition, May  7,  1831,  9  88 
June  8,  1831,                     13  14 


Stowers,  Joseph,  charges  of  Inquisitions, 


19 

39 

14 

06 

7 

00 

8 

73 

14  26 

23  02 

11 

83 

$98  27 


AGGREGATE. 

Printers,  3,207  01 

Miscellanies,  1,168  29 

Sheriffs,  131  09 

Coroners,  98  27 


4,604  66 
;^4,604  66 


RESOLVE.  657 

The  Committee  on  Accounts  to  whom  was  referred 
the  treasurer's  Roll  of  Accounts,  have  examined  the 
same,  and  find  them  well  vouched  and  rightly  cast, 
ask  leave  to  report  the  following  resolve,  which  is  res- 
pectfully submitted. 

In  behalf  of  the  Committee, 

E.  HOYT,  Chairman. 


€ontmonUie«iUlj  of  M^^^^tiynmttn. 


In  the  year  of  our  Lord   one  thousand  eight  hundred 
and  thirty  one. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
public  treasury,  to  the  several  persons  mentioned  in 
the  foregoing  roll,  the  sums  set  against  Fuch  persons 
names  respectively,  amounting  in  the  whole  to  the  sum 
of  four  thousand  six  hundred  and  four  dollars  and  six- 
ty six  cents ;  the  same  being  in  full  discharge  of  the 
accounts  and  demands  to  which  they  refer  :  and  his 
Excellency  the  Governor  is  requested  to  draw  his  vvar- 
rant  accordingly. 

In  Senate,  June  20,  1831, 
Read  twice  and  passed, 

Sent  down  for  concurrence, 
LEVERETT  SALTONSIALL,  President. 

In  House  of  Representatives,  June  21,   1831. 
Read  twice  and  passed  in  concurrence, 

W.  B.   CALHOUN,  Sj)eaker. 

June  21,   1831. 

Apuroved, 

LEVI  LINCOLN. 
86 


crommowUieaU!)  of  JHasfisacfittstttfif* 


SECRETARY'S  OFFICE,  AUG.  12,  1831. 

I  HEREBY  CERTIFY,  that  I  havc  Compared  the  copy 
of  the  Resolves  printed  in  this  pamphlet  with  the  origi- 
nal Resolves  passed  by  the  Legislature,  in  June  last, 
and  find  the  same  to  be  correct. 

EDWARD  D.  BANGS, 

Secretary  of  the  Commonwealth. 


INDEX. 


TO     THE     RESOLVES 


FROia  JUITZ:  1828,  TO  JUKE,  1831,  IN-CZiUSIVB. 


A. 

Academy,  Wesleyan,  in  Wilbraham,  grant  of  land  to,  modified,  &c.    97 
Accounts,  Committee  of,  paid  for  sei-vices,        .  .  .  .51 

"        Rolls  of,  audited  by  Com.  on  accounts,  56,  137,  155,  192, 

312,  341,  408,  535,  559,  637. 
«  «      audited  by  Treasurer,  336,  351,  426, 529,  563,  653. 

"        against  Commonwealth,  how  and  when  to  be  audited  by 

Treasurer,  .....  185,245 

Adams,  Nathan,  administrator,  empowered  to  sell  certain  real  estate,         279 
Adjutant  General,  empowered  with  regard  to  land  for  a  gunhouse  in 

Springfield, 183 

"  "  authorized  to  convey  certain  land  in  Greenfield,  280 

"  "  directed  to  inquire  respecting  certain  militia  fines,         286 

Agent  for  prosecuting  Massachusetts  Claim,  to  be  appointed,  .        401 

Agents  for  sale  of  pubUc  lands,  accounts  of,  adjusted,  paid  for  ser- 
vices, &c.,  (see  also  Land  Agent.)  .  .  .  133,  521 
Agricultural  Societies,  recommended  by  Governor  to  further  patron- 
age,              .....  88 
"         Society,  Massachusetts,  certain  i^rovisions  in  favour  of, 

rescinded,  .  .        296 

"  "  "    former  grant  of  land  to   modified,  120 

"  "  "  allowance  to,     .  .  .         514 

Alabama,  certain  resolutions  from,  transmitted  by  Governor,  .        473 

A 


iv  INDEX. 

Allen,  Caleb  V.,  guardian,  empowei'ed  to  convey  interest  of  a  minor,  42 
"    Benjamin,  and  another,  allowance  to  as  former  guardians  of 

Christiantown  Indians,           .             .            .             .            .  119 
"     Samuel,  Treasurer  of  County  of  Worcester,  directed  to  remit 

certain  sum  to  Abner  Bii'd,  ....  119 
Amendment  of  Constitution  to  be  submitted  to  the  people,  .  .  497 
"  "  "  tenth  article  of,  how  enrolled  and  pro- 
mulgated, .  .  .  617,  620 
Ames,  Seth,  Administrator,  allowed  to  sell  real  estate,  .  .  520 
Anatomy,  further  facilities  for  study  of,  recommended  by  Governor,  380 
Arnold,  Samuel  F.,  pension  granted  to,  .  ...  492 
Arsenal,  State,  provisions  respecting  removal  of,  .  .  .  518 
Asylum  for  deaf  and  dumb,  general  provisions  respecting  support 

of  pupils  at,     .            .            .             -104 
'»       «       «     «<        "           provisions  for  supporting  paiticular  in- 
dividuals at,          103,  248,  253,  488,  497,  509,  614 
«       "      the  Blind,  appropriation  in  aid  of,          .            .            .  295 
Atwood,  William  T.,  to  be  supported  at  asylum  for  deaf  and  dumb,  253 
Auction  duties,  in  certain  cases,  to  be  refunded,         .            .            .  484 

B. 

Balfour,  Walter,  former  marriages  by,  made  valid,     .  .  .        273 

Bank,  Sutton,  affairs  of,  to  be  investigated  by  Committee,      .  .        244 

>'  «      expenses  of  investigation  of,  provided  for,       .  .        289 

"      Farmers',  affairs  of,  to  be  investigated,  .  .  244,  289 

"      Brighton,  affairs  of,  to  be  investigated,  .  .  252,  253 

«  "         expenses  of  investigation  of,  provided  for,     .  .         292 

"      Bills,  laws  respecting  form  of,  &c.  to  be  revised,  .  .        621 

Banks,  in  Massachusetts,  condition  of,  to  be  inquired  into,  by  Com- 
missioners,     •,.....         40b 

"      certain  provisions  respecting  renewal  and  regulation  of,  recom- 
mended by  Governor,  .  .  •  •  .440 
"      Conmiissioners  for  examining,  pay  of,  provided  for,  .             502,  524 
Barclay,  Thomas,  guardian,  authorized  to  convey  estate  of  certain  mi- 
nors,  .....•••  53 

Bardwell,  Josiah,  and  others,  guardians,  authorized  to   convey  estate 

of  certain  minors,       ......  3d 

Barnard,  Francis,  administrator,  may  file  certificate  of  notice  of  sale 

of  estate,  &c.  ....••         508 

Barnstable  County,  Courts  in,  to  be  furnished  with  laws,  &c,  .         502 

"  «        taxes  for,  granted,  .  .  •    HO,  265,  501 

Bates,  Oliver,  administrator,  authorized   to   convey  estate  of  certain 

minors,  ......  481,  482 

Baxter,  Edward  W.  grant  to,  on  account  of  wound  when  on  militaiy 

duty,.  . 478 


INDEX.  V 

Berkshire,  County  of,  Tax  for,  confirmed,       ....        108 

"  "  Taxes  for,  granted,         .  .  .   110,  264,  501 

Bird,  Abner,  sum  due  from,  to  Commonwealth,  remitted,      .  .         119 

BHnd  persons,  provisions  for  ascertaining  number  of,  .  .         132 

"  "  appropriation  for  support  of,    .  .  .  .         295 

Boott,  Kirk,  and  others,  petition  of,  granted,  for  survey  of  route  for  a 

rail  road,         .......         189 

Bounty  lands,  for  revolutionary  soldiers,  further  provisions  for  location 

of, 113,  487 

Briggs,  Malborne,  relieved  from  obligation  in  his  recognizance,         .         266 
Bristol  County,  Commissioners  of,  empowei'ed,  with  regard  to  tax  of 

town  of  Westpoi-t,     .  .  .  .  .  •         179 

"      County,  route  for  a  rail  road  in,  to  be  surveyed,  .  .         189 

"  "        Taxes  for,  granted,      ....    110,264,501 

Brown,  William,  executor,  empowered  to  sell  certain  real  estate,     .        291 

c. 

Callender,  William,  allowance  to,  for  services  in  revolutionary  war,  510 

Canal,  from  Boston    to  Blackstone   Canal,  information  concerning 

sui-vey  for,  communicated  by  Governor,  .  .         83 

"      from  Boston  to  Blackstone  Canal,  report  concerning  sui-vey  of 

route  for,  transmitted,      .....         107 

"      from   Boston  Harbour  to  Narragansett  Bay,  copy  of  report 

respecting  survey  of,  to  be  obtained,      .  .  .         128 

"     from  Boston  Harbour  to  Narragansett  Bay,  committee  appoint- 
ed to  assist  in  survey  of,  paid,    ....         128 

"      from  Boston   to  Nan-agansett    Bay,  information  concerning 

survey  for,  communicated,  ....         17Q 

"     between  Buzzards  and  Barnstable  Bays,  documents  respect- 
ing survey  of  route    for,   to    be    requested  of  United 
States  Government,        .....        280 

"     between  Buzzard's  and  Barnstable  Bays,  information  concern- 
ing survey  of,  communicated,    ....        384 

Chaplains  of  Senate  and  House,  compensation  of,  136,  3 JO,  522,  631 

Chappequiddic  and  Christiantown   Indians,  commissioners  for  divid- 
ing lands  of,  paid,  ......         106 

Chappequiddic  Indians,  provisions  for  relief  of,  in  division  of  lands,        282 
"  "  agent  for  visiting,  paid  for  services,  .         304 

"  Indian,  a  pauper,  support  of,  provided  for,  .        490 

'*  Indians,  divisional  line  between,  and  patentees,  &c., 

a  new  division  of,  to  be  made,    .  .  .         616 

Child,  David,  guardian,  allowed  to  perpetuate  evidence  of  notice  of 

sale  of  real  estate,  ......        275 

Chilmark,  part  of,  to  be  sui-veyed  by  state  surveyor,  .  ,        490 


VI 


INDEX. 


Christiantown  Indians,  meetinghouse,  &c,  for,  to  be  built,     . 

«  "  allowance  to  former  guardians  of, 

Claim  of  Massachusetts  on  General  Government,  [see  Massachusetts 

Claim.) 
Clapp,  Derastus,  and  others,  grant  to,  for  prosecuting  counterfeiter, 
Clark  Jr.,  Noah,  and  another,  grant  to,  for  prosecuting  counterfeiter, 
Clerks  of  Senate  and  House,  compensation  of,        44,  52,  127,  135,  187, 

400,  402,  496,  523,  626 
Colonial  Records  in  England,  measures  recommended  to  procure 

copies  of,  . 
Colonization  Society,  designs  of,  recommended  to  Congress, 
Commissioners  on  W.  Simpson's  petition,  allowed  further  time  to 
report,  ..... 

«  on  accounts  of  State  prison,  power  and  duty  of,  ex- 

tended,        .  .  ,  .  . 

«  to  be  appointed  to  build  Lunatic  Hospital,     . 

"  appointed  to  effect  settlement  respecting  claims   of 

trustees  of  Hopkins  Charity, 
<'  respecting  Hopkins  Fund,  paid  for  services, 

«  to  be  appointed  to  inquire  into  condition  ofbanks, 

"  for  examining  hanks,  paid  for  services,         .  502, 

«  to  be  appointed  to  negotiate  respecting   removal  of 

state  arsenal  ..... 

«  to  be  appointed  to  revise  laws  respecting  debtor  and 

creditor,        ...... 

«  to  revise  laws  respecting  poor  debtors,  &c.,  report  of, 

transmitted,  ..... 

"  to  be  appointed  to  make  division  of  line   between  In- 

dians, &c.,  at    Chappequiddic, 
«<  to  be  appointed  to    revise  laws  respecting  form  of 

bank  bills,  &c.         .  ... 

«  to  be  appointed  to  agree  upon  system  for  sale,  man- 

agement, &c.  of  public  lands,         .  , 

"  for  examining  Treasurer's  accounts,  pay  of,  provid- 

ed for,  ...... 

Committee  on  Accounts  paid  for  services,       .... 

their  rolls,      56,  137,  155,  192,  312,  341,  403, 
559,  637. 
Committee  appointed  to  inquire  concerning  laws  giving  remedies  in 
equity,        ....••• 

Conant,  James,  grant  to,  for  services  in  Revolutionary  War, 
Congregational  Society,  First  in  Saugus,  may  sell  real  estate, 
Connecticut,  certain  resolutions  from,  transmitted  by  Govern- 
or, ....... 

Constitution,  amendments  of,  in  representative  system,  recommend- 
ed by  Governor,  .  .    382,  437, 


105 
119 


480 
479 
307 


512 
509 

47 


297 

300 
405 
406 
524 

518 

523 

611- 

616 

621 

631 

634 
51 

535 

281 

635 

284 

526 
592 


INDEX.  rli 

Constitiuion,  amendment  of,  to  be  submitted  to  the  people,  ,        497 

"  tenth  article  of  amendment  of,  to  be  enrolled  and  pro- 

mulgated,        .....  617—620 

Cook,  Mary,    allowance  to,  for  support  of  paupers,     .  .  .        276 

Coolidge,  Flavel,  sum  due  from,  to  Commonwealth,  remitted,  284 

Cottle,  John,  and  another,  allowance  to,  as  former  guardians  of  Chris- 

tiantowD  Indians,         ,  .  .  .  .  .119 

Cotton,  Rossetter,  allowance  to,  for  transcribing  laws,   &c.,  of  Plym- 
outh colony,       .......        267 

County  Commissioners  in  Essex,  to  hold  special  session,       .  •  37 

"  "  in  Bristol,  may  issue  new  warrant  for  tax  to 

town  of  VVestport,  .  ,  .         179 

County  taxes  granted,  lOS,  109,  264,  500. 

Criminal  Law,  certain  alterations  in,  relating  to  principals  and  acces- 
sories, recommended  by  Governor,  .  .  4.59 — 461 
"       jurisdiction,  transfer  of,  in  certain  cases,  from  S.  J.  C.  to 

C.  C.  1*.  recommended  by  Governor,        .  .  461 — 464 

"  I 

Davis,  Daniel,  and  others.  Commissioners  on  W.  SimpSon*i9  claim,  al-  | 

lowed  further  time  to  report,  .  .  ,  .  47  ' 

Deaf  and  Dumb,  information  respecting  condition  and  support  of,  com- 
municated by  Governor,         ....  87,  233 

♦'       "  Dumb,  further  general  provisions  respecting  support  of,  at 

Asylum,  .  .  .  ...  <        lO'^i 

««       "  Dumb ;  individual  cases  provided  for,  103,  248,  253,  488, 

497,  509,  614 

Deane,  John  G.  grant  of  half  township  of  land  in  Maine  to,  confirm- 
ed,      .  .  .  .  .  .  .  .613 

Debt,  revision  of  laws  respecting  collection  of,  and  imprisonment  for, 

recommended  by  Governor,      ,  .  .        ^178,  231,  464 

Debtor  and  Creditor,  laws  respecting,  to  be  revised,  ^>>^  .         523 

"        "  "        report  on  revision  of  laws  concerning,  commvi- 

nicated  to  Legislature,  .....         611 

Delaware,  certain  Resolutions  from,  transmitted  by  Governor,  392,  612 

Dexter,  Franklin,  executor,  authorized  to  convey  certain  real  estate,         505 
Directors  of  Internal  Improvement,  appi-opriation  in  favor  of,  .  55 

"  "  "  may   cause  their  Report  to  be 

printed,  &c.      ...  92 

"  "  "  report  of,  how  distributed,  99,  180 

Dorchester,  certain  old  records  and  plans  of,  to  be  deposited  in  Nor- 
folk Registry  of  Deeds,  ...  *  .        269 
Drew,  Benjamin,  a  Coroner,  allowance  to,  for  sen'ices,          .             .         522 
Dudley  Indians,  further  provisions  res]>ertin<<  guardians  of,  .         121 
Dukes  County,  taxes  for,  granted,         ....   110,265,501 

B 


viii  INDEX. 

Durfee,  Joseiih,  grant  to,  for  services  in  Revolutionary  War.  .        632 

E. 

Esstcrn  Ir.nds,  information  conceiving  condition,  surveys,  sales,  &c. 

of,  comMii'nicatcd  by  Governor,    85,  87,225,457,  491,  598 
"          "       gra-ited  to   old   soldiers,  further  provisions  concern- 
ing,   113,487 

"  "       small  gores  and  slips  of,  undivided,  to  be  sold,  .         115 

"  "      six  townships  of,  to  be  sold  by  agents,  .  .         116 

"  "       agents  for  sale  of,  their  accounts  adjusted,  ))aid  for 

services,  &.c.  .....  133,  521 

"  "       grantees  &c.  of,  alloAved  further  time  to  settle,  .  485 

"  "      roads  over,  authorized,  ....  517 

"  "       half  township  of,  confirmed  as  a  grant  to  John  G. 

Deane,  .  .....  613 

"  "    report  of  Committee  i-especting,  .  .  627 — 630 

"  "     pine  timber  on  parts  of,  to  he  sold,       .  .  .        630 

"  "     certain  jiortions  of,  to  be  surveyed  and  sold,    .  .  ib, 

"  "    system  for  management  and  sale  of,  to  be  reported  by 

commissioners,  .....        631 

Eaton,  William,  allowance  to,  for  prosecuting  criminal,         .    -        .         101 
Electoral  votes,  form  of,  &f.,  provided  for,     ....  45 

Equity,  remedies  in,  to  be  inquired  into  by  Committee,         .  .        281 

Essex,  County  of,  special  session  of  county  commissioners  to  be 

holden  in,        .....  37 

"  "  taxes  for,  granted,  .  .  .     110,264,501 

'•  "  treasurer  of,  allowances  to,  for  support  of  pau- 

pers,    ..... 

F. 


190 


Fairhaven,  allowance  to  ovci-seers  of  poor  in,  .  .  .  290 

Farmer's  13ank,  at  Belchertown,  affairs  of,  to  be  investigated,  .  244 

«  '•       "  "  expensesof  investigating,  defrayed,        289 

Fellows,  Jr.,  Daniel,  guardian  of  Chappequiddic  Indians,  allowance 

to,  for  su]iport  of  pauper,  .....  490 

Felt,  Joseph  B.,  authorized  to  use  certain  copies  in  General  Court 

Library, 400 

Fire  proof  edifice  to  be  erected  on  north  front  of  State  House,  511,  616 

Fisher  Jr.,  James,  to  be  supported  at  deaf  and  dumb  asylum,  .  248 

Fiske,  Kufus,  guardian,  empowered  to  lease  certain  real  estate,       .  294 

Forstsr,  Charles,  judgment  of  Commonweahh  against,  remitted,     .  623 

Fourth  of  July,  resolves  respecting  executive  celebration  of,  repealed,  113 
Franklin,  county  of,  taxes  for,  granted,  .  .  .     110,264  501 

Fuel,  &c.,  for  use  of  government,  provided  for,  .  50,  187,  405,  625 


INDKX. 


G, 

Gates,  Samuel,  executor,  authorized  to  sell  certain  real  estate,  .         272 

Gay,  Seth,  certain  money  to  be  refuudecl  to,  from  State  Treasury,        .         621 
General  Court  and  Council,  pay  of,  provided  for,        .  50,  181,  398,  623 

Geological  survey  of  the  state,  reconnnended  by  Governor,  .        388 

"  "  "  provisions  respecting,  .  .    4G4,  479,  625 

Georgia,  certain  resolutions  and  documents  from,  transmitted  by  Go- 
vernor,       ......      9G,  101,  252 

"       opinion  expressed  respecting  proceedhigs  of  government  of,        512 
Gleason  Jr.,  Reuben,  support  of,  at  asylum  for  deaf  and  dumb,  pro- 
vided for,  .......         614 

Governor,  authorized  to  appoint  guardians  to  Dudley  Indians,  .         121 

"         authorized,  with  advice   of  council,  to  settle  accounts  of 

former  warden  of  state  prison,  .  ,  .         124 

"         requested  to  apply  to  Secretary  of  War  of  United  States, 

for  certain  documents,    .....         128 

"  requested  to  cause  repairs  in  building  containing  statue  of 

Washington,       ......         132 

'*  requested  to  transmit  to  members  of  Congress  resolutions 

respecting  Massachusetts  Claim,  .  .  .         263 

'  authorized,  with  advice  of  council,  to  apj)oiut  a  surveyor 

to  make  a  survey  of  the  state,     ....        278 

"         requested  to  procure  documents  respecting  survey  of  ca- 
nal route  between  Barnstable  and  Buzzard's  Bays,         .         280 
"  requested,  with  advice  of  council,  to  select  a  site  for  luna- 

tic hospital,  ......        296 

"  authorized  to  cause  certain  repairs  on  state  house,  .         303 

•'         requested  to  forward  to  senators  in  Congress,  resolve  res- 
pecting surveys  for  rail  roads,     ....         310 

"         authorized,  with  advice  of  council,  to  appoint  agents  for 

prosecuting  r>Iassachusetts  claim,  .  .  .         401 

"         authorized  to  cause  part  of  State  house  to  be  painted,  &c.        403 
"         authorized,  with  advice  of  council,  to  appoint  a  person  to 

make  a  geological  survey  of  the  State,  .  .         404 

"         authorized,  with  advice  of  council,  to  appoint   Commis- 
sioners to  inquire  into  condition  of  banks,         .  .         406 
•'          authorized,  with  advice  of  council,  to  give  directions  res- 
pecting geological  survey  of  the  state,                  .             .         479 
"         requested  to  transmit  to  members  of  Congress  and  Govern- 
ors resolves  respecting  triilitia,                 .            .             ,        501 
♦'         requested  to    transmit  to  members  of  Congress  resolves 

respecting  colonization  society,  .  .  .         509 

"         authorized,  with  advice  of  council,  to  cause  erection  of 

fire  proof  edifice,  .....         511 


X  INDEX. 

Governoi*,  requested  to    transmit  to  members  of  Congress  resolves 

respecting  colonial  records,        ....         512 

"  requested  to  transmit  to  members  of  Congress,  and  Go- 
vernors, resolves  respecting  proceedings  of  Georgia,  513 

"  requested  to  cause  a  manual  to   be  compiled  respecting 

culture  of  Mulbeny  tree,  &c.,    ....         515 

"  authorized,  Avith  advice  of  council,  to  appoint  Commis- 
sioners to  negotiate  respecting  removal  of  state  arsenal,         518 

"  authorized,  with  advice  of  council,  to  appoint  commission- 
ers to  revise  laws  respecting  debtor  and  creditor,  &c.  523 

"'         authorized,  with  advice  of  council,  to  settle  accounts  of 

Gen.  William  King,        .  .  .  ,         524 

"         requested,  with  advice  of  council,  to  appoint  superintend- 

ant  of  fire  proof  edifice,  &c.,  at  the  state  house,  .         615 

•'  and  council,  authorized  to  appoint  commissioners  to  make 
a  division  of  line  between  Indians  and  patentees,  &c., 
at  Chappequiddic,  .....         616 

"         requested  to  announce,  by  proclamation,  the  ratification  of 

tenth  article  of  amendment  to  the  constitution,  .        620 

"  with  advice  of  council,  authorized  to  appoint  commission- 
ers to  revise  laws  respecting  form  of  bank  bills,  &c.       .         621 

**  requested  to  transmit  to  governor  of  Maine  copy  of  an 
act  respecting  ministerial  and  school  fund  interest  in 
public  lands,  &c.,  .....         622 

*'         authorized,  with  advice  of  council,  to  appoint  commission- 
ers to  agree  upon  system  for  management,  sale,  &c.,  of 
public  lands,        ......         631 

Govemor's  messages,  (for  particulars  see  Message,)  37,  41,  71,  92,  93,  95, 
96,  101,  107,  111,  179,  182,  211,  242,  243,  251,  276,  297, 
304,  392,  393,  394,  435,  473,  476,  491,  495,  504,  526,  527, 
610,  611,  612,  624. 

"  Speeches,  {see  also  Speech,)    .  .  21,163,376,591. 

Grafton  Indians,  certain  estate  of,  may  be  sold  by  trustee,        .  .  47 

«         "        guardian  of,  empowered  to  exchange  certain  note,  .         617 
Gray,  Henry,  an  alien,  empowered  to  hold  certain  real  estate,  .        249 

Greene,  Thomas  A.,  paid  for  sei-vices  as  bank  commissioner,  .         524 

GreenleaPs  survey  of  Maine,  popies  of,  laid  before  legislature,  .        182 


H. 

Hampden,  County  of,  taxes  for,  granted,  .  .  .110,  264,  501 

Hampshire,  County  of,  taxes  for,  granted,         ^  .  .110,264,501 

Hanscam,  Joshua,  empowered  to  exchange  certain  estate  of  his  wife,       254 
Harris,  A«or,  appointed  guardian  of  A.  Richards,  an  Indian,  ,  43 


INDEX.  XI 

Harris,  Azor,  guardian,  authorized  to  sell  real  estate  of  A.  Richards,  94 

Harris,  Thomas,  late  Warden  of  State  Prison,  accounts  of,  how  audited,  124 

Henry,  William,  executor,  empowered  to  sejl  real  estate,       .             .  287 

Hobbs,  Isaac,  to  receive  deed  of  certain  State  Land  in  Maine,           .  489 
Holden,  Oliver,  executor,  authorized  to  file  evidence  of  notice  of  sale 

of  real  estate,              ......  184 

Holland,  town  of,  empowered  to  assess  tax  to  reimburse  town  of  Wales,  246 
Hopkins  Charity,  provisions  for  settling  claims  and   differences  con- 
cerning,            ......  300 

"             "       Commissioners  paid  for  certain  inquiries  concerning,  405 

"             "       provisions  in  favor  of  trustees  of,      .             .             .  525 

Hopkinton,  trustees  of  school  fund  in,  may  sell  certain  real  estate,  489 

Hospital,  Lunatic,  provisions  for  erecting,        ....  296 

"        Small  Pox,  at  Rainsford  Island,  provisions  for  erecting,      .  624 
Howe,  Joseph  N.  and  others.  Commonwealth's  right  in  certain  land, 

released  to,     .             .            .            .            .            .            ,  111 

Hubbard,  Samuel,  guardian,  empowered  to  purchase  and  convey  real 

estate,             ......  190 

"  "         and  others,  Executors,  authorized  to  take  original 

will  of  Hon.  James  Lloyd,  from  Probate  Office,      .            .  633 
Humphrey,  Lemuel,  and  another,  executors,  empowered  to  sell  real 

estate,        .....,,,  288 

I. 

Impi-isonment  for  Debt,  (see  Debtor  and  Creditor.) 

Inches,  Henderson,  authorized  to  execute  deed  in   behalf  of  certain 

minors,            .......  470 

Independence,  resolves  respecting  Executive  celebration  of,  repealed,  1j3 
Indexes  to  Journals  of  Senate  and  House,  Clerks  paid  for  preparing, 

and  further  provisions  concerning,  .  44,  135,  400,  496 

Indian,  at  East  Bridgewater,  placed  under  guardianship,        .             .  43 

"       at  iVliddleborough,  guardian  of,  changed,       .             ,             .  186 

Indians  at  Grafton,  certain  estate  of,  may  be  sold,      •             .             .  47 

"       at  Christiantown,  meeting  house  and  school  house  to  be  built 

for,      .             . 105 

"       at  Chappequiddic,  &c.  Commissioners  paid  for  dividing  lands  of,  106 

"       at  Christiantown,  allowance  to  former  guardians  of,              .  119 

"      at  Dudley,  further  provisions  respecting  guardians  of,           .  ]21 

"      at  Marshpee,  school-houses  to  be  built  for,     .            .            .  274 

"       at  Chappequiddic,  provisions  for  relief  of,  in  division  of  land,  283 

"       at  Chappequiddic,  agent  for  visiting,  paid  for  services,           .  304 
"       at  Chappequiddic,  allowance  to   guardian  of,  for  sup})ort  of 

pauper,            .......  490 

"       at  Chappequiddic  ;  division  of  divisional  line  to  be  made  be- 
tween them,  and  patentees,  &c.        ,  ,  .  .616 
>'      at  Grafton,  guardian  of,  may  exchange  certain  promissory  note,  617 


xii  INDEX. 

Indians  at  Troy,  guardian  of,  paid  for  support  of  certain  individuals,        634 
Insolvency,  (see  Debtor  and  Creditor.) 

Internal  Improvements; — furtliQi*  provisions  concerning,  (see  also  Ca- 
nal and  Rail  Road,)   55,  9'^,  99,  123,  127,  128,  180,  189, 
280,  310,  469 

J. 

Jeffries,  John,  guardian,  authoi'ized   to  execute  deeds  in  behalf  of  a 

minor,  ......  471,  472 

Jennings,  Eliza,  to  receive  balance  of  her  late  husband's  pension,  48G 

Journal  of  House  of  Representatives,  clerk  paid  for  preparing  Index  of,    44 
Journals  of   Senate,  provisions   concerning,  and   index   of,  j)aid  for, 

.    135,  400,  496 
Joy,  Hannah,  executrix,  may  execute  deeds  in  behalf  of  a  minor,  472. 


Kellogg,  John,  paid  for  services  as  aid  de  camp,  .  .  .        285 

Kendall,  Thomas,  guardian,  may  perpetuate  evidence  of  notice  of 

sale  of  real  estate,  ......         274 

Kibbe,  William,  grant  of  land  to,  .....        267 

King,  William,  his  accounts  to  be  examined  by  govei*nor  and  coun- 
cil,   524 

Kuhn,  Jacob,  Messenger  of  General  Court,  paid  for  services,  52,  135,  188, 
403,  636. 

L. 

Land  agent,  authorized  to  make  deeds,  in  certain  cases,  to  revolution- 
ary soldiers,  .  .  .  .  .  113,  487 

"         "       authorized  to  sell  certain  small  tracts  of  land,     .  .         115 

"        "       authorized  to  join  in  sale  of  six  tow^nsliips  in  Maine,        .         116 
"         "       accounts  of,  adjusted,  paid  for  services,  &.c.       .  133,  521 

"        "      authorized  to  convey  certain  land  to  William  Kibbe,     .         267 
"         "       authorized  to  convey  certain  land  to  Isaac  Hobbs,  .        489 

"         "      authorized  to  sui-vey  and  lay  out  a  road  over  state  lands 

in   Maine,  .....  517 

"         "       authorized  to  sell  pine  timber  of  public  lands,     .  ,         030 

"         "      authorized  to  survey  and  sell  certain  portions  of  land,    .  630,631 
Lands,  (see  Eastern  Lands,  and  Land  Agent.) 

Lawrence,  Francis,  paid  for  services  at  state  prison,    .  .  .         504 

Leland,  Cyrus,  trustee  of  Grafton  Indians,  empowered  to  sell  real  es- 
tate,     .......  47 

«'  "      trustee  of  Grafton  Indians,  may  exchange  certain  note 

of  hand,       .  .  .  .  .  .017 

Lombard,  Daniel,  administrator,  authorized  to  convey  certain   pews 

in  first  Parish  Meetinghouse  in  Springfield,  ...  94 


INDEX.  xiii 

Louisiana,  certain  resolutions  from,  transmitted  by  governor,  179,  527 

Low,  John  v.,  assistant  messenger  to  governor  and  council,  pay  of^ 

provided  for,  53,  133,  188,  311,  401,  526,  636. 
Luce,  Eiisha,  authorized  to  build  a  wharf  in  Rochester,  .  .         384 

Lunatic  Hospital,  provisions  for  erection  of,    ....        296 

"  "       information  concerning  progress  of,  communicated 

by  Governor,         .  .  .  .  .        385 

M. 

Maine,  certain  documents  from,  transmitted  by  Governor,     .  .        491 

"       payment  to  be  made  to,  on  account  of  Massachusetts  Claim,         519 
"       documents  from,  respecting  public  lands,  &c.  transmitted,     .         610 
"       certain  act,  respecting  interest  of  ministerial  funds,  &c.  in  lands, 

to  be  sent  to,  ......        622 

Man ufactij ring  Corporations,  revision  of  laws  relating  to,  recommen- 
ded by  Governor,       .....  228—230 

Map  of  the  Commonwealth,  (see  State  Survey.) 

Marshpee  Indians,  two  school  houses  to  be  built  for,  .  .        274 

Massachusetts  Agricultural  Society,  grant  of  laud  to,  modified,         .         120 
"  "  "         certain  provisions  in  favor  of,  re- 

pealed, .  .  .        296 

"  "  "        allowance  to,  for  expenses  in  bo- 

tanic garden,       .  .  .  .  .  .        514 

"        Claim,  information  respecting,  communicated  by  Governor,    83 
"  "     further  information,  respecting,   communicated  by 

Governor,    ......        2-34 

"  "     Report  and  Resolves  in  relation  to,  .  256 — ^263 

"  "     Governor's  remarks  concerning,     .  .  .        389 

"  "     information  of  law  respecting,  passed  by  Congress, 

communicated,         .....        394 

"  "     appointment   of   Agent  to  attend  to  adjustment  of, 

provided  for,  .....         401 

"  "     information  respecting  condition  and  prospects  of, 

conmiunicated  by  Governor,  .  .  443 — 447 

«  "    partial  adjustment  of,  announced  by  Governor  to  the 

Legislature,  .....         504 

"            "     payment  of  portion  of,  belonging  to  Maine,  provi- 
ded for,         519 

"  "    report  of  Agent  respecting,  &c.  communicated  by 

Governor,    .....  602,  610 

"        term  Reports,  provisions  for  supplying  deficient  copies 

of,  to  towns,  .  .  .  .  .        510 

Mayor  and  Aldermen  of  Boston,  appointed  to  erect  Small  Pox  Hos- 
pital at  Rainsford  Island,       .....        624 


xir  INDEX. 

Medford,  town  of,  allowance  to,  for  siipport  of  paupers,         .  «        292 

Members  of  Council,  Senate,  and   House,  pay  of,  provided   for, 

50,  181,  398,  623 
Message  of  Governor,  transmitting  documents  respecting  N.  E.  boun- 
dary,     .,,...  37 

"  "         transmitting   report   of   Commissioners  on  ac- 

counts of  State  Prison,  ...  41 

"  "         at  opening  of  the  Session,  Jan.  7,  1829,  .  71 

"  "        transmitting   copies   of   certificates    made   by 

Commissioners  for  examining  specie  in  Banks,        92 

"  "        informing  of  resignation  of  Maj   Gen.  Austin, 

of  3d  Division,  ....  93 

"  "        transmitting  information    of    proceedings   on 

William  Simpson's  claim,         ...  95 

"  "         transmitting  documents  received  from  Gover- 

nor of  Georgia,  ....  96 

"  "        transmitting  additional  documents  from  Georgia,    101 

"  "        transmitting  report  of  Commissioners  of  Inter- 

nal Improvement,  .  .  .  .107 

"  "         transmitting  report  of  Commissioners  on  Wil- 

liam Simpson's  claim,  ....         Ill 

"  "        transmitting  docuiuents  referred  to  in   Speech 

of  May  30,  1829,  .  .  .  .179 

"  "        transmitting  copies   of   Greenleat's   survey  of 

Maine,  (fcc,         .  .  .  .  .         182 

"  "        at  opening  of  the  Session,  January  6,  1830,  211 

"  "         transmitting  Resolutions  from   Vermont,  Mis- 

souri and  Mississippi,    ....        242 

"  "        transmitting  report  of  survey  for  a  rail  road  from 

Boston  to  Lowell,        ....        243 

"  "        transmitting  Resolutions  from  Pennsylvania  and 

Georgia,  .....        251 

"  "        transmitting  communication  from  Attorney  Gen- 

ei-al,  respecting  escheated  estate  in  Weymouth,       276 

**  "        informing  of  resignation  of   Maj.  Gen.  Leach, 

of  5th  Division,  .  .  .  .297 

"  "         returning  to  House  a  bill  respecting  Costs,  with 

his  objections,  ....        304 

"  "         transmitting  documents  referred  to  in  Speech  of 

May  29,  1830,  .  .  .  .392 

"  "        transmitting  report  of  Inspectors  of  State  Prison,  392 

"  "        relating  to  terms  of  S.  J.  Court  in    Bristol  and 

Essex,  ,  .  .  .  .        393 

«  "        informing  of  resignation  of  Maj.  Gen.  Gregory, 

©f  6th  Division,  .  .  .-        394 


INDEX.       -  XV 

Message  of  Governor,  relating  lo  Massachusetts  Claim,          .            .  394 

"                     "         at  opening  of  the  Session,  January  5,  1831,    .  435 

"                     "         transmitting  Resolutions  from  Alabama,         .  473 

"  "         returning  to   Senate,  a  hill  "  to  incorporate  the 

Pigeon   Cove  Harbor  Company,"  with  his 

objections,     .....  47G 

"  "        transmitting  documents  from  Maine,  relating  to 

tlie  public  lands,       ....  491 

"                     "         transmitting  Resolutions  from  Ohio,                 .  495 
"                     "         informing  of  settlement  in  part  of  Massachu- 
setts Claim,               .             •            .            .  504 
"                    "        transmitting    Resolutions    from    Connecticut, 

Vermont  and  Louisiana,       .             .             ,  526 
"                     "         informing  of  resignation  of  Maj .  Gen.  Wash- 
burn, of  5th  Division,          .             .             .  527 
"                     "         transmitting  Report   of   Agent  for  Massachu- 
setts Claim,  and  Documents  relating  to  N.E. 
Boundary,     .....  610 

"                    "        transmitting  certain  Documents  from  Maine,  610 

"                     "         transmitting  report  respecting  poor  debtor  laws,  611 

"                     "         transmitting  certain  documents  from  Delaware,  612 
"                    "         suggesting  occasion  of  a  new  appropriation  for 

State  Survey,            ....  624 

Messenger  of  General  Court,  allowance  to,  for  purchase  of  fuel,  &c. 

50,  187,  405,  635 
Messenger,  Artemas  S.   support  of,   at  Asylum  for  Deaf  and  Dumb, 

provided  for,             ....  497 

Middlesex,  County  of,  taxes  for,  granted,         .             .             .    110,  264  501 
Militia,  further  provisions  for  an-angement  and  organization  of,  recom- 
mended by  Governor,           .            .            .36,  218,  222,  465 
"         Fines,  inquiry  respecting,  directed,     ....  286 

"         better  organization  of,  by  Congress,  recommended,   .             .  501 

Mill  Lane  School  District  in  Beverly,  proceedings  of,  confirmed,        .  520 
Minot,  William,  and  another,  trustees,  authorized  to  mortgage  certain 

real  estate,      .            .             .            .            .            .            .  507 

Missouri,  certain  Resolutions  from,  transmitted  by  Governor,            .  242 
Mississij)pi,  certain  Resolutions  from  transmitted  by  Governor,         .  242 
Morrill,  James,  and  others,  allowance  to,  for  use  of  land  by  the  State,  102 
Morse,  jr.  Nathan  P.  support  of,  at  Asylum  for  deaf  and  dumb,  pro- 
vided for,        .            .             .            .            .             .            .  488 

Mulberry  tree,  manual  respecting  growth  of,  lo  be  compiled,            .  515 

Munroe,  Jonas,  administrator,  empowered  to  sell  real  estate,              .  293 
"            "                "            cmi)owered  to  convey  deeds  of  estate 

sold  by  him,   .......  483 


xvi  INDEX. 


N. 


Needham,  town  of,  Commonwealth's  right  in  certain  escheated  land, 

released  to,             ......             .  622 

New  Bedford,  allowance  to  overseers  of  poor  in,         .            .            .  286 
Nichols,  Esther,  and  others,  boundary  hne  of  land  belonging  to,  to 

be  established,        .            .            .            .            .             .             ,  ]34 

Norfolk,  registry  of  deeds,  certain  plan,  &c.  to  be  deposited  in,          .  269 
Norfolk,  county  of,  taxes  for,  granted,              .            .            .    110,264,501 

Northbridge,  town  of,  allowance  to,  for  support  of  paupers,    .            .  518 
North  Eastern  Boundary,  information  "respecting,  communicated  by 

Governor,  .   '^        ."*   ^'.^     '      .    ''  .   '        34,599,602,610 

Nutting,  Phinehas  S.,  allowance  to,  on  account  of  wound  when  on 

military  duty,             .......  104 

o. 

Oakham,  town  of,  to  be  indemnified  for  expenses  in  supporting  a 

certain  minor,         ......  255 

Ohio,  certain  resolutions  from,  transmitted  by  Governor,      .  392, 495 

Orne,  Sarah,  allowance  to,       .            .            .            .            .            •  256 

Osgood,  Isaac  P.,  guardian,  empowered  to  seU  certain  real  estate,  246 

P. 

Parker,  Isaac,  late  chief  justice,  allowance  to  estate  of,           .            .  470 

Pennsylvania,  certain  resolutions  from,  transmitted  by  Governor,      .  251 

Pension  granted  to  Martin  Wheelock,             ....  121 

"      renewed  to  Martin  Wheelock,             ....  477 

"      balance  of,  granted  to  Ehza  Jennings,            .            .            .  486 

"      granted  to  Samuel  T.  Arnold,             ....  492 

Perkins,  Thomas  H.,  and  others,  executors,  empowered  to  convey 

certain  real  estate,    .  96 
«            "                «          «               "        empowered  to  sell  estate 

of  certain  minors,    .  298 
"      Seth,  grant  to,  on  account  of  wound,  when  on  mihtary  duty,  251 
Perry,  William,  authorized  to  convey  land,  and  quiet  the  title  of  cer- 
tain minors,           .......  134 

Petersham,  town  of,  allowance  to,  for  support  of  paupers,       .            .  496 
Pettingell,  John,  deceased,  right  of  grand  children  in  estate  of,  may 

be  conveyed,         .....••  265 

Plans  of  the  several  towns  in  Massachusetts,  required  to  be  taken,  .  270 

Plymouth,  county  of,  taxes  for,  granted,  .  .  .     110,  264,  501 

"         rail  road  from,  to  Wareham,  route  of,  to  be  surveyed,      .  133 

"         colony  laws,  &c.  of,  transcript  provided  for,           .            .  267 

"         Popkin,  J.  S.  guardian,  authorized  to  sell  real  estate,        .  125 


INDEX.  xvii 

Porter,  Jr..  William,  reimbursed  certain  expenses  on  public  account,       249 
President  and  Vice  President,  forms  of  votes  for  electors  of  prescrib- 
ed,   .45 

Prison  Discipline  Society,  reports  of,  to  be  purchased  by  legislature","183,  469^— 
Proctor,  Nicholson  B.,  administrator,  may  file  certificate  of  notice  of 

sale  of  real  estate,  &c.,      ......        515 

Public  lands,  (see  Eastern  Lands.) 

^' 

Quarter  Master  General's  Department,  appropriations  for,        125,  307,  632 

R. 

Rail  Roads,  surveys  of  routes  for,  and  provision  for  construction  of, 

recommended  by  Governor,  25,  28,  81,  83,  167,  213,  217  "^ 

"        "      reports  respecting,  how  printed  and  distributed,  92,  99/ 180  J 

"        "      General  Government  requested  to  cause  surveys  for,  to  be 

made,  .  ......        310  / 

"        Road,  from  Boston  to  Providence,  information  concerning  sur- 
vey of  route  for,  communicated  by  Governor,    .  .  81 
**            "     from  Boston  to  Hudson  River,  information  concerning 

survey  for,  communicated  by  Governor,  .  .  ib. 

*♦  "     from  Plymouth  to  Wareham,  route  of,  to  be  surveyed,         123 

"  "    from  Plymouth  to  Wareham,  report  concerning  survey 

of,  communicated,  .....         177 

"  "    from  Lowell  to  Boston,  route  of,  to  be  surveyed,  .        189 

"  "    from  Taunton,  to  route  from  Boston  to  Providence,  sur- 

vey to  be  made,      ......  ib. 

"  "    from  Lowell  to  Boston,  information  concerning  survey 

of  route  for,  communicated  by  Governor,  .  217,  243  - 

**  "    from  Taunton,  to  point  between  Boston  and  Providence, 

information  concerning  survey  for,  communicated  by  Gov- 
ernor, .......        218 

«  "    from  Boston  to  Lake  Ontario,  report  respecting  route  for, 

to  be  purchased,     ......        469 

Rainsford  Island,  appropriation  for  new  Small  pox  Hospital  at,         .        624 

Rand,  Edward  S.  and  another,  authorized  to  convey  certain  real  estate,    265 

Records  and  files,  in  Secretary's  Office,  directions  concerning  an-ange-  « 

ment,  &c.  of,  .....  .         124 

Remedies  in  equity,  laws  respecting,  to  be  revised,     .  .  .        281 

Representatives'  Chamber,  payment  for  repairs  in,  provided  for,        .         103 
Returns  of  votes,  information  of  delinquencies  in,  to  be  given  to  Leg- 
islature, .......  134 

Revolutionaiy  services,  grants  and  allowances  in  consideration  of,  113, 

487,  510,  626,  632,  635 


xviii  INDEX. 

Robbins,  Vina,  allowance  to,  of  fees  due  her  late  husband  as  a  witness,  100 

Robinson,  William,  dischaiged  as  guardian  of  Dudley  Indians,         .  191 
Rolls  of  Accounts,  audited  by  Couimittee  of  Accounts,  56,  137,  155, 

192,  312,  341,  408,  535,  559,  637 
"  "  audited  by  Treasurer,  336,  351,  426,  529,  563,  653 

Root,  Joseph,  allowance  to,  for  military  services,        .             .             .  283 
Rudberg,  J.  N.  information  respecting  sale   of   his  escheated   estate, 

coinnuuiicated,       ••....  24 

s. 

Sandwich  Monthly  Meeting,  overseers  of,  may  sell  certain  real  estate,  486 
"              "              "     further  empowered  as  to  proceeds  of  sale  of 

estate,               .......  620 

Saugus,  First  Cong.  Society  in,  may  sell  real  estate,  .             .            .  284 

School  Returns,  to  be  printed  and  distributed,             .             .             .  309 
Secretary,  directed  to  furnish  towns  with  forms,  &c.   for  choice   of 

Electors  of  President,             .             .            .             .             .  45 

'•        directed  to  arrange  public  files  and  records,            .             .  124 

"         directed  to  report  towns  delinquent  in  returning  votes,      .  134 
"         authorized  to  purchase  Reports  of  Prison  Discipline  Socie- 
ty for  use  of  Government,  ....             183,  469 

"         directed  to  purchase  Report  respecting  rail  road  from  Bos- 
ton to  Lake  Ojitario,               .....  469 

"        directed  to  fujiiish  to  towns,  &c.  copies  of  laAvs  and  reports, 

502,  510 
Senators  in  Congress,  requested  to  apply  for  certain  surveys  of  routes 

for  rail  roads,              .             .            .            .            .            .  310 

Shaw,  Lemuel,  appointed  to  inquire  respecting  laws  in  relation  to  rem- 
edies in  Equity,         ......  281 

Shirley,  town  of,  allowance  to,  for  support  of  paupers,          .            .  309 

Silk,  manual  to  be  compiled  respecting  culture  of,                  .             .  515 
Simpson,  William,  Commissioners  on  his  claim  allowed  further  time 

to  report,         ......  47 

"  "     report  ol"  Commissioners  on  claim  of,  transmitted  by 

Govenior,       .......  Ill 

Solicitor  General,  further  directed  as  to  suit  against  town  of  Tyring- 

hani, 117 

"  "         directed  to  assist  in  investigating  affairs  of  Brighton 

Bank,             .......  253 

South  Carolina,  certain  Resolutions  fi-om,  transmitted  by  Governor,  179 

Speech  of  Governor,  June  2,  1828,     .....  21 

«                    «         May  30,  1829, 163 

«                   «        May  29,  1830, 376 

,w                    ««        May  30,  1831, 591 

Springfield,  doings  of  town  of,  confirmed,       ....  488 


INDEX.  x!x 

Staples,  Nathaniel,  appointed  guardian  of  B.  Simon,  an  Indian,        .  186 

State  House,  repairs   at,  and  addition  to,  authorized,  103,  132,  303,  403 

511,  615 
State  Prison,  information  conceming  affairs  and  condition  of,  commu- 
—                  nicated  by  Govenior,             23,  77,  80,  175,  22'i,  225,  451,  454 
"        "        report  of  Commissioners  on  accounts  of,  transmitted,  41^ 
"         "        power   and  duty  of  Commissioners  on  accounts  of,  ex- 
tended,      .......  48**' 

"         "         grant  for  erecting  a  new  buildmg  at,      .  .  .  49«^ 

"         "        appropriations  for  support  of,     .  .        118,  186,  255,  514  — 

"         "        accounts  of  late  Warden  of,  to  be  laid  before  Governor 

and  Council,  .  .  .  .  .  .  124  ■*" 

«*        "         convicts  discharged   from,  inqiuries  to   be  made  as  to 

means  of  employing,        .....  SSS"^ 

"        "        provision  for  erecting  a  Chapel  at,         .  .  .  290"" 

"         "         report  of  inspectors  of,  transmitted,        .  .  .  392'^ 

State  Treasuiy,  information  respecting  state  of,  laid  before  Legislature, 

by  the  Governor,  .  28,  32,  76,   173,  226,  384,  454 

Statue  of  Wjishington,    provisions  for  repair  of  building  containing  it,  132 

Steams,  Nathaniel,  and  another,  guardians,  authorized  to  sell  real  estate,  117 
Stedman,  Thomas,  paid  for  certain  services  for  the  pubhc,     .             .  48 

Stone,  Theodore,  guardian,  authorized  to  convey  real  estate,  .  492 

Stubbs,  E.  A.  K.,  provision  for  support  of,  at  Asylum  for  deaf  and 

dumb,         .......  509 

Survey  of  Commonwealth,  provided  for,         ....  4i7Q  ■ 

"  "    information  conceming,  communicated  by  Gov-  ^7 

emor,        ......  387 

*«  ,       "     further  provisions  respecting,       .  .  .  404 

"  "    further  information  concerning  communicated  by 

Governor,  ....  448,  451 

"  "     further  provisions  concerning,     .  .  .  479 

**  "     to  be   extended,  by  State    Surveyor,  to  part  of 

Chilniaik,  .....  490 

"  "    further  ap|)ropriation  for,  recommended  by  Governor,  624 

"  "     further  appropriation  for,  .  .  .  625 

Surveys  of  Towns,  provided  for,         .....  270 

"     further  time  allowed  for  retuming,  .  .  ^  494 

**  "     of  unincorporated  tracts,  &;c.  to  be  made,  .  495 

**  Routes  for  Rail  Roads,  &c.   (see  Canal,  Rail  Roads,  and 

Internal  Improvements.) 

Sutton  Bank,  affairs  of,  to  be  investigated,       ....  244 

"  ^*      expenses  of  investigating  affairs  of,  provided  for,         .  289 


XX  INDEX. 


T. 

Taber,  late  representative,  funeral  expenses,  &c.,  of,  paid,    .  .        110 

Tax  of  Berkshire  county,  assessment  of,  for  1828,  confirmed,  ^         108 

Taxes  for  the  several  counties,  granted,  .  .       108,  109,  264,  500 

Thayer,  Minot,  and  others,  paid  for  services  as  Committee  of  Gene- 
ral Court,  ,...,.,         128 
Towns  required  to  make  surveys,  (see  also  Surveys  of  Towns.)  270 
"      to  be  furnished  with  complete  sets  of  reports,             .            .        510 
Treasurer  of  Commonwealth,  empowered  to  borrow  money,  43,  93,  181, 

248,  399,  478,  615 
"  "  required    to    audit    certain   accounts 

against  the  Commonwealth.  185,  245 

"  "  further  directed  respecting  auditing  of 

accounts,  ,  .  .         245 

«  «  rolls  of  accounts  audited  by,  336,  351,  426, 

529,  563,  653. 
«  «  directed  to  refund  certain  auction  duties,  484 

«  "  Commissioners    for    examining    ac- 

counts of,  how  paid,         .  .         634 

Troy  Indians,  guardian  of,  paid  for  support  of  certain  paupers,  .         634 

Trull,  Ezra,  guardian,  authorized  to  convey  estate  of  certain  minors,        396 
Trustees  of  Hopkins'  Charity,  provisions  for  adjustment  of  claims  of, 

against  tenants,  &c.,  ....••        300 

Tufts,  Turell,  administrator,  may  file  certificate  of  notice  of  sale  of 

real  estate,  .  .  .  .  .  •  .516 

Tyler.  John  S.,  guardian,  authorized  to  convey  estate  of  certain  mi- 
nors. 


397 


Tyringham,  directions  respecting  suit  against  town  of,  .  .        117 

U. 

Unincorporated  Tracts  of  Land,  surveys  of,  provided  for,       .  .        495 

V. 

Valuation,  preparatory  measures  for,  recommended  by  Governor,    596,  598 
Vamum,  Benjamin  F.,  guardian,  allowed  to  perpetuate  evidence  of 

notice  of  sale  of  real  estate,         .  •  .  •  •        308 

Vermont,  certain  resolutions  from,  transmitted  by  Governor,  242,  526 

Virginia,  certain  public  documents  from,  transmitted  by  Governor,        179 
Votes,  returns  of,  directions  respecting,  when  not  seasonably  made,  134 

Wade,  Thankful,  administratrix,  authorized  to  convey  real  estate,  98 

It  «  «  further  authorized  to  convey  real  es- 

tate, .  .  .129 


INDEX.  xxi 

Wales,  town  of,  to  be  repaid  certain  expenditures,  by  town  of  Hol- 
land             24(i 

Warden  of  state  prison,  former,   his  accounts  how    audited,  (see 

also  State  Prison.)             .            .            .            ,            .            .  124 
Ware,  Elias,  grant  to,  for  loss  of  property,  in  War  of  Revolution,     .  626 
Wareham,  route  of  rail  road  to,  from  Plymouth,  to  be  surveyed,       .  123 
Warriner,  Solomon,  and  others,  petition  of,  respecting  land  for  gun- 
house,  in  Springfield,  granted,       .....  183 

Washington,  statue  of,  provisions  for  repairing  building  in  which  it  is 

erected,      ........  132 

Weaver,  Sheffel,  guardian  of  Troy  Indians,  paid  for  support  of  cer- 
tain paupers,          .......  634 

Wesleyan  academy,  in  Wilbraham,  fuither    provisions   respecting 

grant  of  land  to,    .  .  .  .  .  .  .97 

Westport,  town  of,  new  warrant  for  tax  to  be  issued  to,         ,            .  179 

Wharf  in  Rochester,  may  be  built  by  Elisha  Luce,    .             ,            .  184 

Wheeler,  J.  H.  and  others,  payment  to,  for  repairs  at  state  house,     .  103 

Wheelock,  Martin,  pension  of,  renewed,         ....  121 

"            "        pension  of,  again  renewed,           .            .            .  477 
Whitney,  Moses,  administrator,  allowed  to  perpetuate  evidence  of 

notice  of  sale  of  real  estate,        .  122 
"              **                 "             further   empowered  to   perpetuate 

evidence,  &c.,    .            .            .  250 

Wilby,  Francis,  discharged  from  imprisonment,        ...  38 

Winchendon,  town  of,  allowance  to,  for  support  of  paupers,             .  496 
Wing,  Joshua,    and  others,  overseers,  &c.,  may  convey  certam  real 

estate,        ••.-....  486 

Withington,  Relief,  guardian,  authorized  to  sell  real  estate,  .            .  493 
Worcester,  county  of,  allowance  to,  for  use  of  House  of  Corrrec- 

tion,          .....  303 

"  "  taxes  for,  granted,        .  .  .   liO,  264,  501 

Wounded  Soldiers,  grants  and  pensions  to,        104,  121,  251,  477,  478,  492 


JUN  2  m 


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