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

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 





50 





50 


2 


14 





90 


58 


1 


30 


1 


90 



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, 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, 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 





98 





82 


4 50 


1 


00 





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 





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, 


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, 


90 


Jona. Bowker, 


90 


Marlin Coleman, 


1 52 


Charles T. Fisher, 


1 36 


Jason Lamb, 


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 


90 


74 


74 


82 


1 80 


1 30 


3 88 


70 


70 


1 32 


94 


4 52 


3 62 


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 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, 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 !(3f 1 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 



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^— 
Procto