^.ocj: c C4><m;(^
■:cm^ c cx
PASSED BY THE
General €0nrt at ^usu\imits,
OF THE YEAR
18 5 9,
HELD FOR THE PURPOSE OF COMPLETING THE REVISION OF THE GEN-
ERAL STATUTES OF THE COMMONWEALTH ; COMMENCING ON
WEDNESDAY, THE SEVENTH DAY OF SEPTEMBER, AND
ENDING ON WEDNESDAY, THE TWENTY-EIGHTH
DAY OF DECEMBER.
THE MESSAGES OF THE GOVERNOR.
PUBLISHED BY THE
SECRETARY OF THE COMMONWEALTH.
WILLIAM WHITE, PRINTER TO THE STATE.
An Act concerning the terms of the supreme judicial court (JJian, 274
IN the county of WORCESTER. ^'
Be it enacted by the Senate and House of Representatives, in General Court
assembled, and by the authority of the same, as follows :
Section 1. The jury term of the supreme judicial court whentobeheid.
for the couuty of Worcester, shall be held on the second
Tuesday of April in each year.
Section 2. All acts inconsistent herewith, are hereby Repeal,
Section 3. This act shall take effect from and after its
passage. Approved September 19, 1859.
An Act relating to terms of courts. Chan 275
Be it enacted, Sfc, as follows :
Section 1. If the public business demands, the supreme ^'^y adjoum
judicial court, and superior court, may adjourn an established town to*Ii.nother
term of tlie court, in one shire town to another in the same '" *"*'"'' county,
county. Persons, recognizances and processes, required to Processes, &c.,
appear at or to be returned to the established term, shall jourund'tlrrm.'^'^
appear at, be returnable to, and have day in the adjourned
Section 2. This act shall take effect from its passage.
Approved September 30, 1859.
An Act in addition to an act to authorize the appointment nhnv) 976
of a surveyor-general of lumber, and the establishment of ^'
A lumber district.
Be it enacted, ^c, as follows :
Section 1. The act entitled "An Act to authorize the when to take ef-
appointment of a Surveyor-General of Lumber, and the *^'''
establishment of a Lumber District," approved on the sixth
day of April last, shall be deemed to take effect, as provided
in the seventh section thereof, only for the purpose of the
appointment and qualification of the surveyor-general and
630 1859.— Chapters 277, 278.
the deputy-surveyors ; and said act shall take full effect on
the first day of December next.
Section 2. This act shall take effect on its passage.
Approved October 1, 1859.
Chap. 277 -^^ ^^"^ '^^ confirm certain acts done by LEMUEL K. STRICKLAND,
AS .JUSTICE OF THE PEACE.
Be it enacted, Sfc. , as follows :
Acts made Taiid. ^Q ^cts donc by Lemucl K. Strickland, of Sandisfield, in
the county of Berkshire, as a justice of the peace within and
for said county, between the fifteenth day of January and the
fifteenth day of September, in the year eighteen hundred and
fifty-nine, are hereby made valid and confirmed to the same
extent as though he had been during that interval duly
qualified to discliarge the duties of said office.
Approved October 1, 1859.
Chap. 278 -^^ ^^'^ making appropriations for the MILEAGE AND COMPENSA-
TION OF THE MEMBERS OF THE LEGISLATURE, AT THE SPECIAL
Be it enacted, &,'c., as follows :
Appropriation for SECTION 1. Thc sums hereinafter mentioned are appro-
members. .it t.
priated, and shall be allowed and paid out of the treasury of
the Commonwealth, from the ordinary revenue, upon the
warrants of the governor, for the purposes specified, to meet
the expenses for mileage and compensation of the members
of the senate and house of representatives, at the present
special session thereof:
Mileage and com- YoY tlic milcago of scuators, a sum not exceeding four
pensation. i t t i ii
For the mileage of representatives, a sum not exceeding
two thousand four hundred dollars.
For the compensation of senators, a sum not exceeding
twelve thousand three hundred dollars.
For the compensation of representatives, a sum not exceed-
ing seventy-two thousand four hundred dollars.
Section 2. Each member of the senate and house of
representatives shall receive mileage at the rate of one dollar
for every five miles travel once during the session from his
place of abode to the place of the sitting of the general court ;
and on the first day of each month during the session he
shall receive two dollars a day, according to the provisions
of sections second and third of chapter two of the acts of
eighteen hundred and fifty-eight.
Section 3. This act shall take effect upon its passage.
Approved October 17, 1859.
1859.— Chapters 279, 280, 281. 631
An Act making a further appropriation to meet the expendi- qj^^^ 279
TURE authorized BY THE RESOLVE, CHAPTER SIXTY-FOUR, OF THE -T
Be it enacted, §"c., as folloios :
Section 1. The sum of two thousand dollars is hereby *2,ooo appropn-
appropriated, and shall be allowed and paid out of the
treasury of the Commonwealth, from the ordinary revenue,
upon the warrant of the governor, in addition to the sum of
one thousand dollars, appropriated in chapter two hundred
and seventy-two of the acts of the present year, for the pur-
pose specified in the resolve chapter sixty-four of the present
Section 2. This act shall take effect from and alter its
passage. Approved October 17, 1859.
An Act making appropriations for the compensation of the Ql^^fp^ 280
DOOR-KEEPERS, MESSENGERS AND PAGES OF THE SENATE AND HOUSE
Be it enacted, §-c., as follows :
Section 1. The sum of four thousand one hundred dol- «4,ioo appropn-
lars is hereby appropriated, and shall be allowed and paid '
out of the treasury of this Commonwealth, from the ordinary
revenue, upon the warrants of the governor, for the compen-
sation of the door-keepers, messengers and pages of the
senate and house of representatives, at the present special
session of the legislature.
Section 2. The said officers shall be paid montlily, at Paid monthly,
the rate of two dollars a day for each door-keeper or mes-
senger, and one dollar and fifty cents a day for each page.
Section 8. This act shall take effect upon its passage.
Approved Octobtr 17, 1859.
An Act to change the name of the trustees of the newton Chap. 281
STREET METHODIST EPISCOPAL CHURCH IN BOSTON.
Be it enacted, Sfc, as follows:
Section 1. The Trustees of the Newton Street Methodist ,>;,7''^^-^-,d ':,
Episcopal Church in Boston, a corporation organized on the ^hejgiuh^socie-
twenty-seventh day of October, in the year eighteen hundred A\st Episcopal
and fifty-six, under the provisions of chapter two hundred *^'^"'^«^-
and eighty, of the acts of the year eighteen hundred and
forty-seven, may take the name of The Trustees of the
Eighth Society of the Methodist Episcopal Church in Boston,
and by such name be a body corporate, with all the powers,
privileges, duties and liabilities of said chapter, and the
forty-fourth chapter of the Revised Statutes.
Section 2. This act shall take effect f^om and after its
passage. Approved October 17, 1859.
1859.— Chapters 282, 283.
Capital cases to
be tried in Su-
term for trial
of capital cases,
An Act relating to the jurisdiction in criminal cases.
Be it enacted, ffc, as follows :
Section 1. Every person indicted for a capital offence
shall be tried in the supreme judicial court by such number
of the justices thereof as from time to time by law constitute
a full law court ; and in all respects the proceedings, and
the rights of the party accused, and the powers and duties
of the supreme judicial court and the justices and clerks
thereof, shall be the same as provided by law before the pas-
sage of an act entitled " An Act establishing the Superior
Court," except that upon the trial exceptions may be taken,
and questions of law reserved, to be heard like exceptions
taken in trials before a single justice. And the superior
court, and the clerks thereof, shall perform the same duties
required of the court of common pleas and the municipal
court of the city of Boston, and the clerks thereof, in rela-
tion to such cases' before the passage of said act.
Section 2. The justices of the supreme judicial court, or
such number of them as constitute a full law court, may
hold a special term in any county in which an indictment
for a capital offence is pending, for the trial thereof, at such
time and place as they direct by an order in writing, under
their hands, addressed to the sheriff of the county, if it
appears to them that tlie purposes of public justice require
the trial to be had before the next stated term of said court
in such county, or any adjournment thereof; and thereupon
the said court, and the sheriffs, clerks, and other officers,
sliall have and exercise the powers prescribed in the forty-
fourth and forty-fifth sections of the eighty-first chapter of
the Revised Statutes.
Section 3. If the indictment is pending in the county of
Dukes County, the special term shall be held in the county
Section 4. This act applies to cases now pending, and
all indictments for capital offences now pending in the
superior court shall be transferred to the supreme judicial
Section 5. All criminal trials in the superior court may
be before a single justice.
Section 6. This act takes effect from and after its passage.
Approved October 17, 1859.
Chap. 283 -A.n Act making appropriations for certain expenditures and
DEFICIENCIES, AND FOR OTHER PURPOSES.
Be it enacted, Sfc, as follows. ■
Additional appro- SECTION 1. "^lic sums hereinafter mentioned are appro-
Bession"i859.'"'^* priatcd and shall be allowed and paid out of the treasury of
I ndictmen t pend-
ing iu Dukes,
special term to be
held in Barnsta-
Act to apply, &c.
One justice may
try criminal cases
in Supr. Court.
1859.— Chapter 283. 638
the Commonwealth, from the ordinary revenue, except
where herein otherwise provided, upon the warrants of the
governor, for the purposes specified, as follows, viz. :
For the salary of the clerk of the supreme judicial court salary cierk s j.
for the Commonwealth, for the six months ending on the
thirty-first day of December, of the present year, the sum of
fifteen hundred dollars.
For the salary of the assistant-clerk of the supreme judi- Assistant-cierk.
cial court of the Commonwealth, for the three months end-
ing on the thirty-first day of December, of the present year,
the sum of tliree hundred and seventy-five dollars.
For printing for the legislature, ordered by the sergeant- Printing for leg-
at-arms, in addition to the appropriation for this purpose,
made in chapter two hundred and seventy-one of the acts of
the present year, a sura not exceeding two hundred dollars.
For printing the report of the commissioners on the revis- Printing report
n .I , T 1^ i T • J.^ J • on Rev. statutes.
ion ot the statutes, a sum not exceedmg six thousand nine
For printing ordered by the joint special committee of the Printing for com-
T • t i: ,1 ••£•;!,, i J. 1 mittee on stat-
legislature on the revision ot the statutes, a sum not exceed- utes.
ing three thousand two hundred dollars.
For printing required by the legislature at the present ?[^^*'^"/ *''°"' '^s-
extra session thereof, a sum not exceeding one thousand
For printing blanks, circulars, and the callendar of the Additional for
orders of the day for the use of the senate, under the direc-
tion of the clerk of the senate, in addition to the appropria-
tion for this purpose, made in chapter seventy-seven of the
acts of the present year, the sum of thirty dollars.
For printing such number, not exceeding one hundred ''^r^ntin°'''enerai
and fifty thousand, of the pamphlet edition of the general laws.
acts and resolves of the present year, in accordance with the
provisions of chapter eighty-eight of the resolves of the year
eighteen hundred and forty-seven, and chapter eighty-nine
of the resolves of the year eighteen hundred and fifty, in
addition to the appropriation for this purpose, made in chap-
ter seventy-seven of the acts of the present year, a sum not
exceeding two thousand eight hundred and fifty dollars.
For printing ten thousand coines of the report of the board J"""*'"! '■«.p°';*
. -, ~ . IT- 1 •• n !• board of agricul-
01 agriculture, in addition to the appropriation lor tins ture.
object in said chapter seventy-seven, a sum not exceeding
eight hundred dollars.
For the state library, in addition to the appropriation state library.
made therefor, in chapter two hundred and seventy-one of
the present year, a sum not exceeding one hundred dollars.
634 1859.— Chapter 283.
Town of Belmont. YoY GxpensG of fiirnishiiig the town of Belmont with
weights, measures and balances, according to chapter one
hundred and ninety-five of the acts of the year eighteen
hundred and fifty, the sum of one hundred and fifty dollars.
stationery, &c.. For Stationery and parchment for the secretary of the
or secretary. Commouwealth, incidental to the revision of the statutes, a
sum not exceeding one thousand dollars.
Printing, &c., For printing and incidental expenses of the office of the
for^adjutant-gen- adjutant-geucral, in addition to the appropriation for these
purposes, made in said chapter seventy-seven, a sum not
exceeding two hundred dollars.
Expenses incur- For expeuscs iucurrcd the present year under the provis-
489, Acteisss^^ ions of an act entitled "An Act to protect the rights and
liberties of the people of the Commonwealth of Massachu-
setts," being chapter four hundred and eighty-nine of the
acts of the year eighteen hundred and fifty-five, a sum not
exceeding two hundred dollars.
Ho-iltaf ^^'^""^ ^^^^ sundry expenses of Rainsford Island Hospital, incurred
in the year eighteen hundred fifty-eight, and previous years,
the sum of one hundred and fifty dollars.
Coroners. For coroucrs' accounts for the year eighteen hundred and
fifty-eight, and previous years, the sum of four hundred and
state paupers. For suudry expenditures for the support and relief of
state paupers, otherwise tlian in the three almshouses and in
the hospital at Rainsford Island, in the year eighteen hun-
dred fifty-eight, and previous years, a sum not exceeding one
Alien commis- For suudry expenses of the alien commissioners in the
missioners. year eighteen hundred and fifty-eight, and previous years,
the sum of eighty dollars.
Courts of insoi- For suudry expenses of the courts of insolvency, for the
Tency or year eiglitecu hundred fifty-eight, and previous years, the
sum of one hundred dollars.
Advertising east- For advertising eastern lands, under the resolve chapter
em lands. fifty-two, of thc prcscut ycar, the sum of five hundred and
thirty-five dollars and sixty-two cents.
Highland Agri- For bouuty to tlic Highland Agricultural Society, the sum
ociey. ^^ three hundred and eighty-three dollars and forty cents.
state Reform For expcuscs iucidcut to the late fire at the state reform
penses'inMdent school, at Wcstborough, as follows, viz. :
to the fire. For rcpalrs of buildings, and providing accommodations
for the inmates of said school by the trustees, a sum not
exceeding six thousand seven hundred and fifty dollars.
For expenses incurred by J. S. C. Knowlton, sheriff of the
county of Worcester, in the removal and accommodation of
1859.— Chapter 284. - 635
a portion of the inmates of the State Reform School, a sum
not exceeding thirty-seven hundred dollars, payable to said
Knowlton ; of which sum twenty-five hundred eighty-two
dollars and sixty-one cents, and interest from the first day of
October current, is to be paid from the appropriation made
in chapter two hundred and seventy-one, of the acts of the
present year, for the current expenses of said State Reform
For expenses not yet ascertained, incident to the said fire
at said reform school, subject to the approval of the attorney-
general, and which are not already provided for in the
annual appropriation for the current expenses of said school,
a sum not exceeding five hundred dollars.
For the expenses of filling up and completing certain Back Bay, spec-
lands in the Back Bay, required by section three of chapter l^s, &r"''*''*"""
two hundred and ten of the acts of the present year, twenty-
five thousand dollars ; for the compensation of the special
commissioners appointed under section four of said act, four
hundred and fifty dollars : said sums to be paid on the order
of the commissioners on the Back Bay, from the moiety of
the proceeds of sales which by the resolves one thousand
eight hundred and fifty-seven, chapter seventy, is applicable
For the compensation and expenses of the committee commissioners
appointed in pursuance of the resolve, chapter forty-seven, l^TDdsTconcl-d
of the present year, concerning the flowage of lands in the and other towns.
towns of Concord, Sudbury, Wayland, Bedford, and Carlisle,
in addition to the sum appropriated for this purpose, in
chapter two hundred and seventy, of the acts of the present
year, the sum of three hundred dollars.
Section 2. The salary of the assistant-librarian and sec- salary of assist-
retary of the board of education, shall be paid from the se°eretary"''of*°
moiety of the income of the school fund applicable toeduca- tiZ,\ow S-*'
tional purposes, any thing in chapter two hundred and ^^e.
seventy-two of the acts of the present year, to the contrary
Section 3. This act shall take effect from and after its
passage. Approved October 22, 1859.
An Act concerning the supreme judicial court. Chan 284
Be it enacted, ^c, as follows :
Whenever any suit or petition is instituted or an appeal Appeals, &c., in
is made from the decision of a judge of probate and insol- "^^T °nso[vency
vency, except in cases of insolvency in either of the counties j°^o"atuw terms
of Worcester, Hampshire, Berkshire or Hampden, cognizable in counties where
, '.,r.i' . . -, ,. J.' ^ instituted, ex-
in the supreme judicial court in said counties respectively, cept, &c.
1859.— Chapter 285.
tlie same may be made returnable to and have day at the
law terms held in said counties wlierein such suits, appeals
or petitions are instituted, as well as at terms held therein
for the trial of jury causes only. Approved October 25, 1859.
Test in five trus-
Trustee.'; to be a
An Act establishing the nautical branch of the state reform
Be it enacted, c^'c, as foUoivs:
Section 1 . There shall be established in some harbor of
the Commonwealth, to be determined by the governor and
council, a school to be called " The Nautical Branch of the
State Reform School," the government whereof shall be
vested in five trustees. Immediately upon the passage of
this act three trustees shall be appointed by the governor
and council, for the several terms of one, two, and three
years, and hereafter, one annually for the term of three
years ; one trustee shall be annually appointed by tlie Boston
Board of Trade, and one by tlie Boston Marine Society, each
for tlie term of one year, subject to the approval of the gov-
ernor and conncil. The terms of office of all the trustees
shall expire on the first Wednesday of February. Vacancies
for unexpired terms shall be filled in the same manner in
which the persons whose places are vacated were appointed :
any person whose term has expired may be reappointed.
The trustees shall receive no compensation for their services,
but shall be allowed all expenses incurred by them in the
discharge of their duties.
Section 2. The trustees shall be a corporation by the
name of the Trustees of the Nautical Branch of the State
Reform School, for the purpose of taking and holding, to
themselves and their successors, in trust for the Common-
wealth, any grant or devise of lands, and any donation and
bequest of money or other personal property, made for the
nse of said institution, and for the purpose of preserving and
investing the proceeds thereof in good securities, with all
powers necessary to carry said purposes into effect.
Section 3. The trustees shall have control of the school-
ship to be hereafter procured for the use of said institution,
and shall exercise and perform the same powers and duties
over the same, and over the inmates of said institution, as
are exercised and performed by the trustees of the state
reform school, over the school at Westborough, and the
inmates thereof; they shall have the same powers in relation
to the appointment, removal, and compensation of the super-
intendent, and other officers, teachers, and servants, and the
same power to bind out any boy as an apprentice or servant,
1859.— Chapter 286. 637
whom they deem not suited for nautical employment. They
may, with the approval of the governor and council, make
by-laws and alter the same. They shall also cause the boys
under their charge to be instructed in navigation and the
duties of seamen. They may also send any boy upon any
voyage at sea, and in his behalf, enter into any contract
necessary therefor, and such action shall operate as a discharge
of the boy from the institution.
Section 4. There shall be a treasurer appointed by the Treasurer, how
governor and council for the term of three years, unless ''^^°"' *" '
sooner removed for sufficient cause, who shall, before he
enters upon the discharge of his duties, give a bond to the Bond, f 3,000.
Common wealtli, with sureties satisfactory to the governor
and council, in the sum of three thousand dollars, conditioned
that he shall faithfully account for all moneys received by
him as treasurer ; which bond shall be filed in the office of
the treasurer of the Commonwealth.
Section 5. The effect of a commitment to the school Effect of commit-
hereby established, and the effect of a discharge therefrom, "sTeform^'JchooL
shall be the same as is provided in the case of the state
Section 6. The superintendent shall be the master of the superintendent,
school-ship. He shall give bond as required of the superin- '^m'^" ^ '^'
tendent of the state reform school. He shall exercise and powers anddu-
perform the same powers and duties in relation to the insti- ''*'*■
tution hereby established, and the property and inmates
thereof, as the superintendent of the state reform school
exercises and performs in relation to the state reform school,
its property and inmates ; and he may navigate the ship, or
any tender thereof, and transport the same into and upon
any of the ports and waters of the Commonwealth.
Section 7. This act shall take effect on its passage, but when ^ take
no boy shall be committed or sent to said institution until "'' '
the governor, by proclamation, gives notice that the school-
ship, to be procured under the authority of resolves entitled
" Resolves for the purchase of a vessel for the use of the
Nautical Branch of the State Reform School," is ready for
inmates. Approved October 28, 1859.
An Act relating to the state reform school and the nauti- Qfidp, 286
CAL BRANCH OF THE SAME. "'
Be it enacted, §'c., as folloios :
Section 1. Whenever any boy under the age of sixteen Boysmajbecom-
1 1 1 1 f , • 1 • i- T J. niitted to nautl-
years is brought beiore any trial justice or police court, cai branch of
charged with any offence punishable by imprisonment, other- gy^oou"^"^'"
wise than for life, and the justice or court is of opinion that
1859.— Chapter 286.
Method of pro-
&c., of officers.
may be bound
Supreme or supe-
rior courts may
Age — sentence.
the boy, if found guilty, would be a fit subject for the state
reform school, or for the nautical branch of the state reform
school, or if any person in behalf of such boy makes affidavit
that he believes him to be a fit subject therefor, such justice
or court, by warrant in due form of law, shall cause such
boy to be brought forthwith before the judge of probate and
insolvency for the same county, or any judge of the superior
court who may be found within the county, and shall trans-
mit to said judge the complaint by virtue of which he was
arrested, and shall cause notice of the pendency of such
complaint to be given to the mayor of the city or one of the
selectmen of the town, wherein the boy resides ; and the
judge committing such boy, shall certify on the warrant, in
what place the boy resided at the time of his commitment ;
and such certificate, for the purposes of this act, shall be
conclusive evidence of his residence. In such case, or when-
ever such boy is brought originally before such judge on
such complaint, he shall proceed in the manner prescribed
in the case of a girl brought before a judge of probate and
insolvency on a similar complaint, having, in case such boy
is originally brought before him, first caused notice to be
given as aforesaid, and he shall, if of opinion that the boy is
guilty, and is a suitable subject for the state reform school,
or for the nautical branch of the state reform school, commit
him to the one or the other of said institutions.
Section 2. The right of appeal, and the powers and
duties and fees of all officers, shall be the same as are pro-
vided by law in the case of a girl brought before such judge
on a like complaint.
Section 3. If the judge is of opinion that the boy is
guilty, and is not a fit subject for either of said institutions,
he shall, if the offence charged is one witliin the jurisdiction
of police courts, sentence him to such punishment as is pro-
vided by law for the offence, subject to the right of appeal,
as in cases before police courts, and otherwise he shall bind
him over to appear before the superior court for the same
county, as police courts may do in like cases. And all laws
relating to appeals from police courts, and the taking and
return of recognizances, shall apply to cases under this act.
Section 4. The supreme judicial court and the superior
court may commit any boy to the state reform school, as now
provided by law, or to the nautical branch of the state reform
school in like cases, if the convict is deemed suited to nauti-
cal employments, or otherwise to such punishment as is
provided by law for the offence ; but no boy over the age of
fourteen years shall be committed by any court or judge to
1859.— Chapter 287. 639
the state reform school at Westborough ; and all commit-
ments to either school shall be during minority, and no sen-
tence shall be in the alternative.
Section 5. By consent of the trustees of the state reform Boys may be
school, and of the nautical branch of the state reform school, ''■"'°^^''"'^'*-
or by direction of the governor, any boy may be transferred
from one institution to the other : provided, that no boy who Proviso,
is an inmate of the state reform school when this act takes
effect, shall be so transferred without his consent.
Section 6. Whenever any boy is committed to either of support.
said schools, the city or town wherein he resides at the time
of his commitment, shall pay to the treasurer of the school
the sum of fifty cents per week, payable quarterly on the first
days of January, April, July and October, during the time
he remains therein. And any sum so paid may be recovered
by such city or town of any parent, kindred, or guardian,
liable by law to maintain such boy, or of the city or town in
which he has his lawful settlement.
Section 7. The first section of the one hundred and Repeal.
seventieth chapter of the acts of the year one thousand eight
hundred and fifty-nine, is hereby repealed ; but this repeal
shall not affect any action pending, or any rights accrued
Section 8. This act shall take effect in thirty days after its when to take
passage, but no commitments shall be made to the nautical
branch of the state reform school, until the governor, by his
proclamation, gives notice that the same is ready for inmates.
Approved October 28, 1859.
An Act for the regulation op wooden buildings in the city Chap. 287
OF NEW BEDFORD.
Be it enacted, S^'c, asfolloios:
Section 1. The city council of the city of New Bedford city council to
are hereby authorized and empowered to make all such Sr the^erecuon
regulations, ordinances, and by-laws, as they may deem I'^gr"'^^'" '"''^'^'
expedient concerning the erection of wooden buildings with-
in the limits of the city, for protection against fire ; to estab-
lish districts within which wooden buildings, except of a
prescribed size, shall not be erected, and to prescribe such
penalties as they deem proper, for the violation of any such
regulations, ordinances, and by-laws.
Section 2. Any building hereafter erected in the city of Bu'Uinss to be
New Bedford, contrary to the provisions of such by-laws, ordi- .sanl^'e^
nances, or regulations, shall be deemed and taken to be a
common nuisance ; and the mayor and aldermen of the said Mayorand aider-
city shall have the like power and authority to abate and ^nd "^
men may abate
640 1859.— Chapters 288, 289.
remove the same, as is given to the board of health in the
tenth and eleventh sections of the twenty-first chapter of the
rroTiso. Revised Statutes : provided, however, that nothing in this
section shall be construed as affecting any remedy already
given in the preceding section.
Repeal. SECTION 3. Tho act entitled " An Act for the regulation
of wooden buildings in the city of New Bedford," approved
March twenty-fourth, in the year eighteen hundred and fifty-
five, is hereby repealed. Approved November 22, 1859.
Chap. 288 ^^ ^^"^ "^^ incorporate the proprietors of the shawmut ave-
nue BAPTIST SOCIETY, IN BOSTON.
Be it enacted, ^'c, as folloivs :
Corporators. SECTION 1. J. W. Parker, Benjamin Smith and John K.
Deane, and their associates and successors, are hereby made
Name. a corporatiou by the name of the Shawmut Avenue Baptist
ftrilti^n?' &T Society ; with all the powers and privileges, and subject to
all the duties, restrictions and liabilities, set forth in the
twentieth and forty-fourtli chapters of the Revised Statutes ;
with power to tax pews according to the provisions of " An
Act relating to Religious Societies," passed March twenty-
fifth, in the year one thousand eight hundred and forty-five,
wh^n to be^'hild' Section 2. The annual meeting of said religious society
&c. ' shall be held on any day in April in each year, Sunday
excepted ; and at said meeting there shall be chosen by
ballot a moderator, clerk, treasurer, collector, and a standing
committee, consisting of seven persons ; all of whom shall
continue in office one year, and until others are chosen and
qualified in their stead.
Section 3. This act shall take effect from and after its
passage. Approved November 29, 1859.
Chap. 289 ^^ -^^"^ declaring the territorial LIMITS OF THE COMMON-
WEALTH, AND ESTABLISHINa THE LIMITS OF CERTAIN COUNTIES.
Be it enacted, §'c., as follows :
Limits, how far SECTION 1. The territorial limits of this Commonwealth
extending to sea. . -, . , n ■ , ^ ■ i ■
extend one marine league from its sea-shore at low-water
mark. Wlieii an inlet or arm of the sea does not exceed
two marine leagues in width between its headlands, a straight
line from one headland to the other is declared to be equiva-
lent to the shore line. The boundaries of counties bordering
upon the sea shall extend to the line of the State as above
defined. The jurisdiction of counties separated by waters
within the jurisdiction of the State shall be concurrent.
Section 2. This act shall take effect from its passage.
Approved December 16, 1859.
1859.— Chapters 290, 291, 292. 641
An Act in addition to An Act respecting the purchase and QJiq^/v) 290
distribution of the reports of cases argued and deter- "'
mined in the supreme judicial court.
Be it etiacted, ^'c, as follows :
Section 1. The secretary of the Commonwealth is liereby secretary to fur-
authorized and directed, whenever an appropriation shall dw reports. ''^'
liave been made therefor, to furnish the seventh volume of
Gray's Reports, and any volume of reports of cases argued
and determined in the supreme judicial court of Massachu-
setts, which may hereafter be published, to the clerks of
each town and city in this Commonwealth, for the use of
such town or city.
Section 2. This act shall take effect on and after its
passage. Approved December 16, 1859.
An Act relating to the writ of habeas corpus. Chap. 291
Be it enacted, Sfc, as folloios :
Section 1 . Every writ of liabeas corpus which may be Return of writ,
issued under the laws of this Commonwealth, after this act
shall take effect, shall be made returnable forthwith, either
before the supreme judicial court, the superior court, or a
justice of either of said courts, in term time, or vacation,
and whether the court is in session or not, and at such place
as shall be designated in the writ.
Section 2. In all cases of imprisonment or restraint by
a person not a slierifif, deputy-sheriff, coroner or jailer of this
State, the writ shall be in the following form :
commonwealth of MASSACHUSETTS.
[seal.] To the sheriffs of our several counties, and their respective Form,
We command you that the body of of by
of imprisoned and restrained of his liberty, as it is said, you take
and have before a justice of our supreme judicial court, (or superior
court, as the case may be,) at immediately after receipt of this
writ, to do and receive what our said justice shall then and there consider
concerning him in this behalf; and summon said then and there
to appear before our said justice, to show the cause of the taking and
detaining of said : and have you there this writ with your doings
thereon. Witness at . this day of in the
Section 3. This act shall take effect from and after its
passage. Approved December 21, 1859.
An Act making further appropriations for the repair and /^7,^jj OQO
maintenance op charles river and warren bridges. _[ . ^d'o
Be it enacted, §'c., as folloios :
The sums hereafter mentioned are appropriated and Appropriation.
shall be allowed and paid out of the Charles River and
642 1859.— Chapters 293, 294.
Warren Bridges Fund, on the warrant of the governor, in
addition to the sums appropriated from said fund in chapter
one luindred and ninety-eight, of the acts of the present
Repairs and jcar ; that is to say : For the payment of such claims as
tlvee"n''janu'ary\" ^^^J ^^ approvcd l\y thc auditor, for the repair and mainte-
1859 ^""^ ^^' ^^''^^^ce of Charles River and Warren Bridges, between the first
day of January, eighteen hundred and fifty-nine, and May
nineteenth, eighteen hundred and fifty-nine, a sum not
Subsequent re- cxcccding two thousaud one hundred dollars ; for repairs on
tenlnc'^e" '"'^'"" Said bridgcs since the said nineteenth of May, a sum not
Incidental ex- excccding ouc thousaud dollars ; for incidental expenses of
penses. |-|^g draw-tcndcrs on said bridges, a sum not exceeding one
hundred dollars. Approved December 21, 1859.
An Act authorizing an issue of scrip for the payment op the
expenses of the revision op the general statutes.
Be it enacted, Sfc, as follows :
Treasurer to is- SECTION 1. Thc trcasurcr of this Commonwealth is
hereby authorized and directed to issue scrip or certificates
of debt, in the name and behalf of tlie Commonwealth, and
under his signature and the seal of the Commonwealth,
bearing date on the first day of January, in the year one
$150,000. thousand eight hundred and sixty, for the sum of one hun-
dred and fifty thousand dollars, with coupons attached for
interest at the rate of five per centum per annum, payable
semi-annually on the first days of July and January at the
office of said treasurer, and redeemable at the same place on
the first day of January that shall be in the year one thou-
sand eight hundred and seventy, which scrip or certificates
shall be countersigned by the governor, and shall be deemed
to be a pledge of the faith and credit of the Commonwealth
for the redemption thereof; and the same shall be sold by
Proviso. the treasurer : provided, that no part thereof shall be sold
at less than par, and the proceeds thereof shall be paid into
the treasury of the Commonwealth.
Section 2. This act shall take effect from and after its
passage. Ajwo^^'^ December 22, 1859.
An Act for the removal of constables, for cause, in cities.
Be it enacted, ^c, as follows :
Removal for mis- Tlic mayor of any city shall, with consent of the alder-
men, remove from office any constable of such city, who
shall be guilty of gross misconduct.
Approved December 23, 1859.
1859.— Chapters 295, 296. 643
An Act making appropriations for the compensation of the
COMMITTEE ON THE REVISION OF THE STATUTES, AND FOR OTHER
Be it enacted, Sfc, as follotvs :
Section 1. The sums hereinafter mentioned are appro- Appropriationa
priated and shall be allowed and paid out of the treasury of
the Commonwealth from the ordinary revenue, upon the
warrants of the governor, for the purposes hereinafter
specified : for the compensation and mileage of the com- compensation
mittee to sit in the recess of the general court, to whom was
referred the report of the commissioners on the revision of
the statutes, in addition to the sum heretofore appropriated,
the sum of two thousand and seven hundred dollars ; for
the compensation of the clerk, messengers, door-keepers, cierk.__ messen-
pages, and for contingent and incidental expenses of said
committee, in addition to the sum heretofore appropriated,
three thousand nine hundred and fifty dollars.
Section 2. This act shall take effect on and after its
passage. Approved December 23, 1859.
An Act in addition to an act making appropriations for
certain expenditures and deficiencies, and for other
Be it enacted, §'c., as follows :
Section 1. The sums hereinafter mentioned are appropri- Appropriations
'^ *■ *■ authorized, &c.
ated and shall be allowed and paid out of the treasury of the
Commonwealth, from the ordinary revenue, upon the war-
rants of the governor, for the purposes specified in certain
acts and resolves, for the present year, herein cited, as
follows, viz. :
For the mileage and compensation of the lieutenant- Lieutenant-
governor and council, in addition to former appropriations, ^o°uncii°' ^""^
a sum not exceeding three thousand dollars.
For the compensation of senators, in addition to former senate.
appropriations, a sum not exceeding four thousand dollars.
For the compensation of representatives, in addition to House.
former appropriations, a sum not exceeding twenty thousand
For the salaries of the clerks of the senate and house of cierka of legisia-
representatives, including the compensation of such assistants *""'
as tliey may appoint, four thousand dollars in addition to
For the salaries of the chaplains of the senate and house chaplains.
of representatives, four hundred dollars in addition to former
For fees of witnesses summoned before committees having witnesses.
authority to send for persons and papers, a sum not exceed-
1859.— Chapter 296.
S. J. Court de-
S. J. Court — ex
ing three hundred dollars, in addition to former appropria-
For stationery for the house of representatives purchased
by the clerk, which, together with the unexpended balance
for the regular session, may be used to meet bills of the
extra session, six hundred dollars.
For stationery for the senate, purchased by the clerk,
which, together with the unexpended balance for the regular
session, may be used to meet bills of the extra session, two
For the state library, five hundred dollars, in anticipation
of appropriations of eighteen hundred and sixty, and in addi-
tion to former appropriations.
For compensation and expenses of the commissioner on
Indians, appointed under chapter two hundred and sixty-six,
of acts of eighteen hundred and fifty-nine, one thousand
For term reports of cases in supreme court, under the
provisions of chapter two hundred and sixty-five and two
hundred and ninety of the acts of eighteen hundred and
fifty-nine, four thousand dollars.
For printing public documents of eighteen hundred and
fifty-eight, one hundred dollars.
For expenses attending the delivery of Mr. Everett's ora-
tion on Webster, two hundred dollars.
For compensation of the person appointed under authority
of acts of eighteen hundred and fifty-nine, chapter two hun-
dred and twenty-one, section six, to countersign circulating
notes of the similitude of bank notes, and the same may be
paid to the clerk in the auditor's office, in addition to his
salary, three hundred dollars.
For the support of certain Marshpee Indians, in addition
to the sum allowed in chapter one hundred of resolves of
eighteen hundred and fifty-nine, to be paid from the existing
api)ropriation for Indians, thirty-nine and eighty-five one-
For expenses of hospital at Rainsford Island, in addition
to amount appropriated in chapter two hundred and seventy-
one, acts of eighteen hundred and fifty-nine, three thousand
For printing, stationery, advertising, postage, and books
ordered by the sergeant-at-arms, for the legislature, in addi-
tion to former appropriations, one hundred dollars.
For the payment of expenses of the supreme court for the
Commonwealth, according to the provisions of chapter one
hundred and ninety-six of acts of eighteen hundred and
1859.— Chapter 296. 645
fifty-nine, four hundred and ninety-eight forty-six hundredths
For binding railroad reports, according to chapter two Binding railroad
hundred and sixty-two, acts of eighteen hundred and fifty- '^'p°''''-
nine, two hundred dollars.
For the payment of railroad fare of military companies. Railroad fare-
according to chapter one hundred and twenty of resolves of ^fJt. ^°''.'""^"
eighteen hundred and fifty-nine, eight hundred dollars.
For expenses of Luther Stowell, according to chapter one Luther stoweii.
hundred and fifteen of resolves of eighteen hundred and
fifty-nine, sixty and fifty one-hundreths dollars.
For comoensation of the commissioners on consolidating Commissioners
i .,,.,. ^ r. . ,• on revision of
the general statutes, m addition to lormer appropriations, statutes.
twenty thousand dollars.
For the compensation of the clerk of the committee of cierk-commit-
1 1 1 ir./'j.jn tee of Revision.
revision, eleven hundred and hity dollars.
For door-keepers, messengers and pages of the legislature, ^°°^;^'g^^Pf^^'^^j
five thousand six hundred dollars, being compensation for pages.
services at the extra session.
For rebuilding the state reform school for boys, thirty Reform schooi.
For allowance to Lydia Russell and D. F. Crane, eight ^^f^'c^Z""^'"
hundred and twenty-seven dollars, according to the provis-
ions of resolves of eighteen hundred and fifty-nine, chapter
one hundred and twenty-nine.
For expenses under chapter ninety-three of the resolves Report on insects
«.,^, -.1 1/^7. . ,1 z>i xi 1 of New England.
of eighteen hundred and fifty-nine, the sum oi two thousand
dollars, the same to be in addition to sums" appropriated
under chapter two hundred and seventy-three, of acts of
eighteen hundred and fifty-nine.
For allowance to John P. Bass, according to provisions of J°'^" ''• ^^«-
resolves of eighteen hundred and fifty-nine, cliapter one
hundred and thirty-one, seven hundred and fifty dollars.
For compensation of the watchmen in the state house, in watchmen,
addition to their salary, according to resolves of eighteen
hundred and fifty-nine, chapter one hundred and thirty-
three, four hundred dollars.
For allowance to Maria T. Benson, according to provisions Maria t. Benson.
of resolves of eighteen hundred and fifty-nine, chapter one
hundred and thirty-five, four hundred dollars.
For expenses of reporting evidence and pay of witnesses ^Xfo'n^uqu'^r
before the special committee of the house on the liquor commission,
commission, four hundred and fifty-one dollars.
For compensation of the sergeant-at-arms, in addition to sergeant-at-
former appropriations for his salary, three hundred dollars.
Section 2. This act shall take effect from and after its
passage. Approved December 28, 1859.
Resolve for the payment of certain expenses of the sale of
THE house lately OCCUPIED BY THE SERGEANT-AT-ARMS.
$160 appropri- Resolved, That a sum not exceeding one hundred and
sixty dollars, be, and is hereby appropriated out of the pro-
ceeds of the sale of the house in Hancock Street, formerly
occupied by the sergeant-at-arms, for the payment of the
expenses of advertising, and sale of said house by public
auction, April twenty-eighth, one thousand eight hundred
and fifty-nine, as per resolve, chapter ninety-five, of one
thousand eight hundred and fifty-nine.
Approved September 19, 1859.
Chew 105 Resolve in favor of hon. james t. robinson.
$3i appropriated Reso/ved, That thcrc be allowed to the Hon. James T.
for mileage. Robiusou, thc sum of tliirty-four dollars, the same being due
to him as mileage while a member of the senate from the
North Berkshire District, during the first session of the year
eighteen hundred and fifty-nine : and the said sum of thirty-
four dollars is hereby appropriated and shall be paid out of
the treasury of the Commonwealth from the ordinary reve-
nue, upon the warrant of the governor for the purpose above
specified. Approved September 27, 1859.
Chap. 106 Resolves of thanks to and in favor of the ancient and hon-
orable artillery company.
Tiianks for escort Resolved, That the thanks of the legislature be presented
chusetts^ '^^^^ to Joseph Audrcws, commander, and the other officers and
members of the Ancient and Honorable Artillery Company,
for the very handsome escort furnished by them to the legis-
lature, on the occasion of their visit to Camp Massachusetts.
Slop appropri- Resolved, That the sum of ouc hundred doUars be allowcd
to said company, towards the expense incurred by them in
said service, and the said sum of one hundred dollars is
hereby appropriated, and shall be paid out of the treasury of
1859.— Chapters 107, 108, 109, 110, 111. 647
the Commonwealth from the ordinary revenue, upon the
warrant of the governor, for the purpose herein specified.
Resolved. That a copy of these resolves be ene-rossed, popy ofresoires
J , , . n to company.
Signed by the president of the senate and speaker of the
house of representatives, and transmitted to the company.
Approved October 1, 1859.
Resolve authorizixg a loan for rebuilding the court house Chap. 107
Resolved, That the commissioners of the county of Essex ^P^°^^ commis-
' . '' sioners may Dor-
are hereby authorized to borrow, on the credit of said county, row $15,000.
a sum of money not exceeding fifteen thousand dollars, to be
expended in rebuilding and repairing the court house at
Lawrence, recently injured by fire.
Approved October 17, 1859.
Resolve extending the time for the commissioner appointed Chap. 108
UNDER the act CONCERNING THE INDIANS OF THE COMMONWEALTH,
TO MAKE HIS REPORT.
Resolved. That the report of the commissioner appointed T"l^ Wednesday
-|, .^.^ '^ ^ m January.
under the act concerning the Indians of the Commonwealth,
approved April sixth, eighteen hundred fifty-nine, instead of
being made at the present session, shall be made to the gov-
ernor, on or before the first Wednesday of January next, for
the information and consideration of the general court for
the year eighteen hundred sixty. Approved October 17 1859.
Resolve in favor of the commissioners of the county of Chap. 109
Resolved, That the commissioners of the county of Dukes $i';^oo "to'Tdsh
county are hereby authorized to borrow, on the credit of courthouse,
said county, a sum of money not exceeding fifteen hundred
dollars, to be expended in finishing the court house at
Edgartown. Approved October 25, 1859.
Resolve in relation to the state almshouse at monson. Chap. 110
Resolved, That the inspectors of the state almshouse at inspectors to ex-
Monson, be allowed to expend, out of the annual appropria- p*'^'* *i'^00' ^^
tion for the year one thousand eight hundred and fifty-nine,
a sum not exceeding one thousand dollars, not needed for its
current expenses, to complete a system of works already
begun, to render more safe from fire said almshouse.
Approved October 25, 1859.
Resolves concerning the state reform school at west- Chap. Ill
Resolved, That the trustees of the state reform school Trustees to cause
at Westborough, be authorized and requested to cause plans prepare^''*" "^
648 1859.— Chapter 112.
and estimates to be made for the reconstruction of so much
of the building recently destroyed or injured by fire, as shall,
together with the portions uninjured, furnish accommoda-
tion for a number of boys not exceeding two hundred, and
for the necessary officers ; the plans to be made with special
reference to precautions against fire, and to be so arranged
that the said boys shall be divided into five classes, including
a correctional class — no one class to consist of more than
fifty boys, and each class to be kept separate, at all hours,
from the other classes.
Resolved, That the trustees be also authorized and re-
quested to cause plans and estimates to be made, for fitting
up for the use of the inmates, such of the small buildings
belonging to the school, as they may think suited for the
purpose ; aiid for the erection on the farm attached to the
school, of such other buildings for the accommodation of
the boys, as they may think expedient, to be constructed of
brick, and in a plain and economical manner ; such detached
buildings to contain, in all, not more than one hundred and
fifty boys ; and no one of such buildings to contain more
than thirty boys.
Plans, &c., to be Rcsolved, That the trustees be further requested to lay
lature^""^ ^^'^" the plaiis and estimates provided for in the preceding
resolves, before the legislature at its present session.
Approved October 28, 1859.
Chan. 112 Resolves for the purchase of a vessel for the use of the
' NAUTICAL branch OF THE STATE REFORM SCHOOL.
GoTernor to ap- Resolvcd, That tlic govcmor, by and with tlie advice and
mtsionVrf to°'"" couscut of thc couucil, bc authorized to appoint three com-
purchase vessels, jniggioners, who shall be empowered to obtain by gift or pur-
chase and to equip a good ship, suitable for the purposes of
the nautical branch of the state reform school ; and to pro-
vide in such ship accommodation for a number of boys not
exceeding one hundred and fifty, and for the requisite
officers ; and report to the governor and council a suitable
position for such ship. And the said commissioners shall be
also empowered to obtain by gift or purchase, and to equip
a small vessel, fitted to serve as a tender to the school-ship,
for the purpose of exercising the boys at sea.
Powers, &c.,- Resolued, That the said commissioners shall have power
accounts. ^^ makc all contracts and agreements necessary for the pur-
poses mentioned in the preceding resolve : and said commis-
sioners shall present all their accounts to the governor and
council, to be by them audited and allowed, from time to
time, as they deem just.
1859.— Chapters 118, 114. 649
Resolved, That for the purpose of defraying the expenses $20,000 appro-
to be incurred under the preceding resolves, the governor p""''*'^'
be, and he hereby is authorized, by and with the advice and
consent of the council, to draw his warrants upon the treas-
urer of the Commonwealth for the necessary sums of money,
not exceeding in the whole, twenty thousand dollars ; which
amount is hereby appropriated therefor.
Approved October 28, 1859.
Resolve in relation to a statue of horace mann. Chap. 113
Resolved, That full consent and permission upon the Erection author-
part of the Commonwealth, is hereby given to the applica- '''■''^■
tion of S. G. Howe, Robert C. Waterston, George 8. Bout-
well, George B. Emerson, Alpheus Crosby, E. Edmunds,
and Josiah Quincy, Jr., to set up a statue of the late Horace
Mann upon any suitable spot within the state house grounds,
which may be approved by the commissioners of the state
house, and the chairman of the joint standing committee on
the state house upon the part of each branch of the gen-
eral court : provided, that the same be done without expense Proviso.
to the Commonwealth. Ap^yroved October 28, 1859.
Resolve on the petition of john p. Andrews and george Q/i^p \\4:
ANDREWS, trustees. -' *
Resolved, For the reasons set forth in said petition, that Trustees author-
John P. Andrews and George Andrews, of Salem, in the *eftate" ^
county of Essex, be, and hereby are, authorized and em-
powered to sell and convey, at public or private sale, and
on such terms as they shall think expedient, a certain lot of
land situate in Salem aforesaid, and bounded as follows. Location.
viz. : north-easterly on Boston Street, there measuring fifty- Boundaries,
six feet three inches ; south-easterly one hundred and twenty-
seven feet three inches ; north-easterly again four feet, and
south-easterly again one hundred and eighty-seven feet to
land formerly of Phipps Munroe ; south-westerly on Nor-
man's rocks pasture, so called, sixty-nine feet four inches ;
north-westerly on land formerly of the heirs of Mary John-
son, three hundred and three feet six inches, a twelve feet
way being reserved to be used in common between said
Munroe'sland and the land herein described, being the same
estate conveyed by deed of James Bott to Nancy Andrews,
recorded in the Essex registry of deeds, in book three hun-
dred and seventeen and leaf one hundred and fifty-five ;
and to execute good and sufficient deeds thereof, free and
discharged from all trusts ; and to hold the net proceeds of
the sale of said estate subject to the same trust and uses as
the original trust, referred to in said petition.
Approved November 12, 1859.
650 1859.— Chapters 115, 116, 117, 118, 119.
Chan 115 Resolve in favor of luther stowell.
$60.50 allowed Rcsolved, That there be allowed and paid from the treas-
whiirsFck'^' iiry of the Commonwealth to Luther Stowell, the sum of
sixty dollars and fifty cents, to defray the expenses of liis
late sickness. while a member of the general court.
Approved November 29, 1859.
Chop. 116 Resolve for the payment of the committee on the revisiok
^ OF THE STATUTES.
Compensation Resolvecl, That thcrc be allowed and paid out of the
and mileage. trcasury of the Commonwealth to each member of the com-
mittee appointed to examine the Report of the Commissioners
on the Revision of the Statutes, the sum of four dollars for
each and every day's actual attendance at the meeting of
said committee in the recess of the general court, and two
dollars for every ten miles travel from their respective places
of abode to the place of the sitting of the said committee,
once during its session, and that the committee on the pay
roll make up mileage and attendance of the members
Actual attend- accordinglv. Actual attendance under this resolve, shall
ance, what to. ,,'=*', j^ i± i • j?j.i
Include. uiclude cvery day oi attendance upon sessions or the com-
mittee, Sundays, days of adjournment not exceeeding two
days at any one time, and of sitting on sub-committees dur-
ing sessions of the general committee, and sickness during
the session. Approved December 10, 1859.
Chap. 117 Resolve in relation to salaries of certain officers.
Increase of saia- Rcsolved, That chaptcr forty-six of the resolves, and
wd'of^'griJuN chapter sixty-four of the acts of the present year, relating to
ture and assistant the salarics of ccrtaiu officers, be construed to take effect
to take effect. from aud after January first, eighteen hundred and fifty-nine,
in accordance with the appropriations for the same provided
in the act of eighteen hundred and fifty-nine, chapter two
hundred and seventy-two. Approved December 10, 1859.
Chap. 118 Resolve in relation to the nautical branch of the state
$3j00o additional Resolved, That the commissioners appointed under au-
thority of chapter one hundred and twelve of resolves of the
present year, for the establishment of the nautical branch of
the state reform school, be authorized to expend a sum not
exceeding three thousand dollars in addition to the sura
heretofore allowed. Approved December 14, 1859.
to be expended.
Resolve fixing the compensation of the officers and members
OF the legislature at the present session.
Compensation. Resolvcd, That there shall be allowed and paid out of the
treasury of the Commonwealth, to each member of the legis-
1859.— Chapters 120, 121. 651
lature, for each and every day's actual attendance, the sum
of four dollars. It shall be the duty of the committee on the Actual attend-
pay-roll to certify, upon the written statement of members, ged^ '°
to the treasurer of the Commonwealth, the number of days
of each member's actual attendance, and such written state-
ments of members shall be preserved in the office of the
treasurer. The president of the senate and speaker of the President and
. in -Till speaker, clerks
house 01 representatives shall receive double the compensa- and chaplains.
tion above provided for senators and representatives. There
shall be paid to the clerks and chaplains of the senate and
house of representatives, a like sum as is now paid them, by
the provisions of chapter second of the laws of eighteen hun-
dred and fifty-eight ; said sum to be paid on and after the
completion of all duties required of and to be performed by
them and their assistants at the present session, and to be in
addition to their annual salaries. Actual attendance, under Actual attend-
T p 1 ance what to
this resolve, shall include every day or attendance upon ses- include,
sions of either house, Sundays, days of adjournment and of
sickness during the session, and attendance on committees ;
but no allowance shall be made for attendance after the
fifteenth day of December. Approved December 16, 1859.
Resolve for the relief of certain military companies. Chap. 1 20
Resolved, That there be allowed and paid by the Com- Expenses of
monwealth the amounts actually paid by the several military statlf^enclmp-
companies for the transportation of their officers, non-com- ™^°'
missioned officers, musicians and privates, and their camp
equipage and luggage to and from the state encampment at
Concord, under the orders of the commander-in-chief, over
the" several railroads. The accounts therefor to be audited
by the adjutant-general, and paid to the captains of the
several companies ; and the governor is hereby authorized
and required to draw his warrant therefor.
Approved December 16, 1859.
Resolve relating to Charles river and warren bridges. Chan. 121
Resolved, That there be allowed and paid out of the $2,100 allowed
Charles River and Warren Bridges fund, a sum not exceed- for'maintenance
1 1 iiinnni r. ^^'^ repairs be-
ing two thousand one hundred dollars, lor the purpose of tween ist janu-
paying such claims as may be approved by the auditor, for May^°*^ ^^''^
the maintenance and repair of said bridges between the first
day of January and the nineteenth day of May of the pres-
ent year. Approved December 20, 1859.
652 1859.— Chapters 122, 123, 124, 125.
Resolve in relation to repairs upon charles river and war-
$1,000 allowed Resolvcd, That there be allowed and paid out of the
or repairs. Chai'les Rlver and Warren Bridges fund, the sum of one
thousand dollars for repairs, and one hundred dollars for
$100 for inciden- incidental expenses upon said bridges, incurred since May
a expenses. ^^^^ nineteenth, of the present year.
Approved Decemher 20, 1859,
Chan 123 Resolve for the compensation of the joint special committee
^ ' APPOINTED UNDER CHAPTER FIFTY-TWO OF RESOLVES OF EIGHTEEN
Balance allowed Resolvcd, That tlic balauco of appropriation made in
Maine lauds. cliaptcr two liuiidred and seventy-two of acts of the year
eighteen hundred and fifty-nine, to carry out the provisions
of chapter fifty-two of the resolves of the present year, be
allowed and paid to the committee appointed under that
resolve, for services rendered and money expended by them.
Approved December 20, 1859.
Chan. 124 RkSOLVE for the payment of the COMMISSIONERS FOR REVISING
^ ' AND CONSOLIDATING THE GENERAL STATUTES OF THE COMMON-
$20,000 addi- Resolved, That there be allowed and paid to the commis-
tional allowed. . • n i i ^ • n ji i f> ii
sioiiers appointed under chapter nine ol the resolves oi the
year one thousand eight hundred and fifty-five, to revise the
general laws of the Commonwealth, the sum of twenty thou-
sand dollars in addition to the amount already paid ; the
same to be divided among themselves as they may agree,
and to be in full for their services and all expenses incurred
by them for assistance. Approved December 21, 1859.
Chat) 1 25 Resolve for the pay op the clerk, door-keepers, messengers
^ * AND pages of the joint SPECIAL COMMITTEE ON THE REVISION OF
$1,150 to clerk. Resolved. That there be allowed and paid out of the
treasury of the Commmonwealth, to the clerk of the com-
mittee appointed to examine the report of the commissioners
appointed to revise the laws, the sum of one thousand dol-
lars for his services as clerk, and the additional sum of one
hundred and fifty dollars for his further services in finishing
$4 per day to tlic jouriial and index ; and that there be paid each messen-
messengers, &c. g^j, ^j-^j^ door-kccpcr four doUai's per day, and to the pages
pages.^^"^ *^ ° two and a half dollars per day, while in attendance upon
said committee. Approved December 21, 1859.
1859.— Chapters 126, 127, 128. 653
Resolve in relation to certain property held by the com- Qf^ap. 126
MONWEALTH UNDER A MORTGAGE FROM NORMAND STILES AND
PHEBE B. STILES.
Resolved, That the treasurer and receiver-general be, and J^^asurer to^d^-
he is hereby authorized to dispose of and sell the whole monweaith's
interest of the Commonwealth in and to the estate conveyed '"'"««'•
in mortgage to John Mills, as treasurer of the Common-
wealth, by Normand Stiles and Phebe B. Stiles, wife of said
Normand, as appears by their deed dated December thir-
teenth, eighteen hundred and forty-three, and recorded with
Hampden deeds, book one hundred and twenty-two, leaf three
hundred and seventeen, and to execute and deliver deeds of
the same, under the seal of the Commonwealth : provided. Proviso.
that the terms of such sale shall be approved by the gov-
ei^-lior. Approved December 21, 1859.
Resolve concerning the state library. Chap. 127
Resolved, That there be allowed and paid to the librarian «5«o auowed ^^
and trustees of the state library, a sum not exceeding hve books.
hundred dollars, to be expended in the purchase of law
books, said sum to be reckoned a part and in anticipation of
the annual appropriation for the year eighteen hundred and
sixty in aid of said library. Approved December 21, 1859.
Resolves providing for the erection of certain buildings QJiff^^ 128
FOR THE state REFORM SCHOOL. ^
Resolved, That the trustees of the state reform school Trustees^ t^o^re-
for boys, be, and they hereby are authorized to re-construct uon ome buud-
so much only of the buildings destroyed by the late fire as
constituted the first building erected for and occupied by
said school, to re-arrange the same for the accommodation
of the inmates in classes of not more than fifty boys each,
and to provide sufficient precautions against fire ; the whole
expense therefor not to exceed eighteen thousand dollars.
Resolved, That the trustees aforesaid, are also hereby To^re-arrangeand
authorized to re-arrange and to enlarge the Peters house p"terfhouse.
and the farm house, so called, belonging to said school, at
an expense not exceeding six thousand dollars, and to con-
struct one detached house upon said farm at a cost not
exceeding six thousand dollars : provided, that^ the said Proyiso.
houses shall be arranged for the accommodation of not more
than thirty boys in each.
Resolved, That a sum of not more than thirty thousand $30,000 appro-
dollars be, and the same is hereby appropriated for the pur- p"'^''^^-
poses aforesaid. Approved December 21, 1859.
654 1859.— Chapters 129, 130, 131, 132.
Resolves in favor of james russell and daphne f. crane.
S400 to wife of Resolved, That there be allowed and paid out of the
James Russell, treasurj of tlie Commonwealth to Lydia Russell, wife of
James Russell, a member of the house of representatives,
the sum of four hundred dollars, being the amount to which
he would be entitled for actual attendance during the whole
of the present session.
$427 additional Resolved, That there be allowed and paid out of the
to widow of Wm. o 1 r-< 1 \ T-viT-i/~< p
s. Crane. trcasurj 01 the Commonwealth to Daphne h . Crane, oi
Berkley, the sum of four hundred and twenty-seven dollars,
in addition to the sum already paid, as compensation for the
services and the expenses of the last sickness of William S.
Crane, deceased, late a member of the house of representa-
tives from district number twelve of the county of Bristol.
Approved December 22, 1859.
Chap. 130 Resolve relating to attendance op members of the legis-
Two days in each Rcsolved, That cach member of the legislature living at
for travel. too great a distance from the capital to allow time for going
to and returning from his home out of the regular hours of
legislative business, be allowed two days in each month of
the session, for that purpose, provided he has actually
occupied that amount of time in so going to or returning
from his residence, and that he be paid for the same.
Approved December 22, 1859.
Chap. 131 Resolve for the relief op john p. bass, private in company h,
"' TENTH REGIMENT OF MASSACHUSETTS VOLUNTEER MILITIA.
injuries. ''^ °^ Resolved, That there be paid to John P. Bass, private in
Company H, tenth regiment of Massachusetts volunteer
militia,- the sum of seven hundred and fifty dollars for his
relief, because of the loss of his leg from accident while in
the actual performance of his duty as a soldier.
Approved December 23, 1859.
Chap. 132 Resolve for the payment of expenses attending the repeti-
tion OF the oration of MR. EVERETT ON THE INAUGURATION OF
THE STATUE OF DANIEL WEBSTER.
$200auowed. Resolved, That there be allowed and paid from the
treasury of the Commonwealth a sum not exceeding two
hundred dollars, to defray the expenses attending the deliv-
ery of the honorable Edward Everett's oration before the
legislature, upon the inauguration of the statue of Daniel
Webster. Approved December 23, 1859.
1859— Chapters 133, 134, 135, 136, 137. 655
Resolve for compensation of watchmen for services per- /^/,/y^ 1 QQ
FORMED AS MESSENGERS. fillip. OO
Resolved, That there shall be allowed and paid out of the $ioo for services
treasury of the Commonwealth, to each watchman of the sen^t'.'^"'"""'"
state house, the sum of one hundred dollars, in full compen-
sation for all services performed as assistant-messengers
during the session of the committee of revision of the statutes,
and the extra session of the legislature, the same to be in
addition to the annual salary. Approved December 23, 1859.
Resolve for the compensation of the committee on flowage Hhfjyt 1 S4
OF lands. i '
Resolved, That there be allowed and paid out of the Appropriation ai-
treasury of the Commonwealth, to the committee appointed ^°''"*-
under chapter forty-seven of the resolves of eighteen hun-
dred and fifty-nine, the sums appropriated for compensation
and expenses of said committee ; the same to be paid on the
receipt of the chairman of the committee, and to be in full
for all services and expenses incurred by the said committee.
Approved December 23, 1859.
Resolve in favor of maria t. benson. Chap. 135
Resolved, That there be allowed and paid out of the sioo to widow of
treasury of the Commonwealth, the sum of four hundred memblr. ^'°'°'''
dollars, to Maria T. Benson, widow of the late George W.
Benson, Esquire, late a member of this house and of the ,
committee on the revision of the statutes.
Approved December 24, 1859.
Resolve for the payment of the sergeant-at-arms, door- Chan. 136
KEEPERS, messengers AND PAGES FOR THE PRESENT SESSION. "'
Resolved, That there be allowed and paid out of the treas-
ury of the Commonwealth, to each of the door-keepers and Sets! mesl
messengers, and also to John C. Perry, (who has performed ^^"s^'^^- «'''•
the duties of messenger,) the sum of four hundred dollars ;
to each of the pages, two hundred and fifty dollars, in full
compensation for all services performed ; and to the sergeant- $250 to pages.
at-arms three hundred dollars for his extra services during
this session of the legislature. Approved December 2S, 1859. ^eTut^at'araV"'
Resolve repealing in part chapter fifty-two of the resolves Chan 137
OF THE YEAR EIGHTEEN HUNDRED AND FIFTY-NINE. ^ '
Resolved, That the second, third and fourth resolves of Forfeitures for
chapter fifty-two of the resolves of eighteen hundred and &°c" 'rrS''
fifty-nine, being " Resolves to enforce payment of debts due "'^^"^^^ '
to the Commonwealth on account of sales of the public
lands in Maine," be, and are hereby repealed ; and that the
656 1859.— Chapters 138, 139, 140,
Executive to ad- govemor aiid council be authorized to adjust, compromise
iTaL*"'^ '""' and finally settle all tlie notes and claims of tlie Common-
wealth in relation to the Maine lands, on such terms as the
interests of the Commonwealth may require, and as may be
just and equitable to the parties interested.
Approved December 27, 1859.
Chart 138 Resolve in relation to appending a glossary to the general
Commissioners Resolvcd, That thc commissioners who may be appointed
to prepareand to cdlt aud publlsh thc gcucral statutes be instructed to pre-
print. pg^j.Q j^j^(j i^ave printed with the general statutes, a glossary,
defining and briefly explaining all words and phrases con-
tained in the statutes belonging to any foreign language,
and the more obscure of such other words and phrases as
are merely technical. Approved December 27, 1859.
Chan 139 Resolve authorizing payment of expenses incurred by the
J ' COMMITTEE ON THE LIQUOR COMMISSION.
$451 allowed. Resolved, That there be allowed and paid out of the treas-
ury of the Commonwealth, a sum not exceeding four hun-
dred and fifty-one dollars, to pay expenses incurred in
reporting testimony and for pay of witnesses before the house
committee upon the liquor commission.
Approved December 27, 1859.
Chmi 140 Resolve relating to the publication of the general
1 ' statutes.
oommiBsioners Resolvcd, That thc Hou. William A. Richardson, and
appointed. ^^^_^ Gcorgc P. Saugcr, be and hereby are appointed com-
missioners to edit and superintend the printing and publica-
tion of the general statutes of the Commonwealth, together
with the constitution tliereof, the constitution of the United
Duties States, and such other additions as they deem expedient ;
and that said commissioners examine carefully the copies of
said statutes, transcribed in the office of the secretary of the
Commonwealth from the originals, and compare the same
with the originals, and carefully revise all the proof sheets
of said statutes ; and said commissioners shall place the
subject of the chapter or page at the top of each page, and
prepare marginal notes to the sections of said statutes, and
nisrSca/^al: an cxact and copious index to the whole; and in the per-
sistanee. formauce of said work, the secretary of the Commonwealth
shall furnish such assistance of clerks as the commissioners
deem necessary Approved December 27, 1859.
1859.— Chapters 141, 142, 143. 657
Resolve making an appropriation for warming and venti- Q/i^ip \/^\
LATING THE REPRESENTATIVES' HALL. ^
Resolved, That a sum not exceeding three hundred S300 allowed.
dollars be allowed and paid under the direction and approval
of the commissioners on the state house and the chairman
of the committee on the state house on the part of the house
of representatives, to defray the necessary expense of fur-
ther prosecuting the present method of heating and ven-
tilating the representatives' hall ; and said sum is hereby
appropriated. Approved December 27, 1859.
Resolve authorizing the transfer of certain appropria- Chap. 142
TIONS for military PURPOSES.
Resolved, That there is hereby transferred to the account Transfer of
of military bounties the sum of one thousand five hundred *^'^^='^*^-
and fifty-five dollars and fifty cents, from any sums appro-
priated for other military purposes by the seventy-seventli
chapter of the acts of the present year.
Approved December 28, 1859.
Resolve relating to the distribution of the general statutes. Qfiat) 143
Resolved, That the secretary of the Commonwealth, as g^^etary to re-
soon as may be after the close of the general court, cause to ceivei,ooo copies
be printed and bound, and receive for distribution one thou-
sand copies of the general statutes of the Commonwealth,
for the use of the Commonwealth, and that he deposit one
copy of the same in the office of tlie secretary of the Com-
monwealth, and immediately after their publication dis-
tribute copies as follows : To each of the commissionei's and
editors on the revision of the statutes, five copies ; to the
clerk of the senate for the use of the senate, twelve copies ;
to the clerk of the house of representatives for the use of
the house, twenty-four copies ; to the librarian of the state
library for the use of the library, five copies. To the fol-
lowing officers and persons one copy each : to the gov-
ernor, the lieutenant-governor, each member of the present
council, senate, and house of representatives, the clerk of
the senate and the clerk of the house of representatives, and
each reporter in regular attendance upon the sessions of
either house, the attorney-general, the auditor of accounts,
the treasurer and receiver-general, the adiutant-general, to
each ex-governor of the Commonwealth, the judges, clerks
and registers of the judicial courts, the district-attorneys,
the county commissioners, the sheriff and keepers of jails,
the registers of deeds, the keepers of the houses of correction,
the warden of the state prison, the county treasurers, the
several cities and towns for the use of such places, to each
1859— Chapter 144.
to contract for
city or town library in the state, Harvard University, for the
law library. Harvard University, Williams College, Amherst
College, Tufts College, the American Academy of Arts and
Sciences, the Massachusetts Historical Society, the Historic
Genealogical Society, Museum of Comparative Zoology, the
Old Colony Historical Society, the Boston Athenaeum, the
American Antiquarian Society, in Worcester, the Pilgrim
Society, in Plymouth, the law library societies in each
county, the judges of the supreme court of the United States,
the judge of the district court of the United States for the
district of Massachusetts, the clerks of the courts of the
United States for the district of Massachusetts, the secretary
of state of the United States, four copies, the secretary of
each state of the Union for the use of the state, three copies,
to the library of congress, three copies.
♦ Approved Decemher 28, 1859.
Chap. 144 Resolve providing for the publication of the general
Resolved, That Hon. William A. Richardson and Hon.
George P. Sanger, commissioners appointed to superintend
the publication of the general statutes, be, and hereby are
authorized in the name and in behalf of the Commonwealth,
but without cost to the Commonwealth, to contract with
William White, of Boston, to print, bind and furnish for
sale to the state, or to any citizen of the state, the general
statutes of the Commonwealth, with the constitution of the
state, the constitution of the United States, and all the
addition to said statutes, prepared by said commissioners
under tlie direction of the legislature, in a manner in every
respect equal to the Revised Statutes printed in the year
eighteen hundred and thirty-six, particularly as to compo-
sition, press-work, paper and binding; and to keep the same
for sale in some convenient place in the city of Boston, for
the term of fifteen years, from the first day of June next,
at a price not exceeding one dollar and forty cents per copy,
said contract to provide that the electrotype or stereotype
plates of said general statutes shall be and remain the property
of the Commonwealth. A bond satisfactory to said commis-
sioners shall be given by the said William White to the
Commonwealth^or the faithful performance of the contract.
Tiie other provisions of the contract shall be such as the
said commissioners deem expedient to secure the faithful
execution of said contract : provided, that none of the exist-
ing provisions of law, relative to the printing, promulgation
and distribution of the statutes shall be construed to apply
to the said general statutes. Approved December 28, 1859.
THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS
EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, DURING
THE EXTRA SESSION ENDING DECEMBER TWENTY-EIGHTH.
[To the House of Representatives, September 7]
It is an unpleasant official duty that devolves upon me,
to present lo the legislature information of the destruction
by fire, of a large part of the buildings of the State Reform
School at Westborough. The fire occurred on the morning
of the 13th day of August, from the intentional act, as it
appears upon his confession, of Daniel Credan, one of the
inmates of the school.
The circumstances of the disaster are fully detailed in
the report of the Trustees dated the 2Bd day of August,
and in a communication of the Hon. Simon Brown, chair-
man of the Board, which T have the honor to transmit
The loss incurred by the fire is estimated at $50,000.
The State is greatly indebted to the officers of the insti-
tution, to the boys of the school, for their good conduct
and praiseworthy exertions to save the property and the
buildings from conflagration, and also to tlie fire companies
and citizens generally, of the neighboring towns ; and to the
authorities of the county of Worcester, under the direction
of the Hon. J. S. C. Knowlton, high sheriff, and of the city
of Boston, for the prompt, efficient, and greatly needed
assistance rendered by a detachment of police officers, under
the direction of Lieutenant Whitcomb.
Of the boys, numbering 572, only two escaped during the
fire. A portion, about two hundred and fifty, were trans-
ferred to very comfortable quarters in the new jail at
Fitchburg. In this transfer sheriff Knowlton and the police
officers rendered essential and important service. A part of
the boys, about twenty-five in number, were sent on the
same night to the jail at Concord. Most of these have been
received again at Westborough. Those sent to Fitchburg
660 SPECIAL MESSAGES.
The fire destroyed the whole of the buildings included in
the enlargement made in 1852 and 1853, and a small part
of the original structure. I inclose herewith, a ground
plan of the premises, showing the portions destroyed and
those which remain in condition for present occupation.
In a conference with the Board of Trustees, and the
Superintendent of the institution, I advised the immediate
repair of that part of the premises which could be made
tenantable at small expense, and an arrangement with the
authorities of Worcester County for the present use of the
jail at Fitchburg. The officers of the institution failing to
make an acceptable contract for the use of the jail, a lease
of a building in Westborough, belonging to Mr. Vinton, has
been entered into by the Trustees, for the term of one year,
at a cost of $700. This will afford comfortable accommoda-
tions for all the pupils not provided for in the school,
except six or eight boys who remain at Concord. These
arrangements have necessarily been made without authority
of law, and the attention of the legislature is called to the
subject, and also to the necessity of providing for such
expenses as have beeu thus far incurred. I transmit a
communication of the Executive Committee of the Board of
Trustees, setting forth the arrangements which have been
made, and the present condition of the remaining buildings;
and a letter of the Attorney-General upon the present legal
condition of the boys, and the autliority by which they
should be held and governed.
It is my duty to call the attention of the legislatvire to the
necessity of early action upon the subject thus unfortunately
presented, and also to present some considerations as to the
system upon which the school has been managed up to the
During the twelve years since its establishment, 2,409
boys have been received as pupils, and of this number 557
remained in the school at the close of the year ending
September 30, 1858. Others had been discharged or were
apprenticed to proper occupations. Of the number thus
discharged, a very large proportion, it is believed, have been
thoroughly reformed, and promise a useful career as citizens
of the Commonwealth.
It is not to be expected of boys, brought together under
circumstances like those that control the selection and
reception of the pupils of this institution, that all will
maintain reputable characters. This can scarcely be antici-
pated of the graduates of any educational establishment.
The school at Westborough suffers in common with other
SPECIAL MESSAGES. 661
institutions, but in far greater degree, of course, from the
nature of its materials and the impossibility of impressing
upon a partially depraved nature a full appreciation of the
individual happiness that springs from a life of rectitude.
Enough has been done, however, to show that the worst
natures, vitiated by evil examples, or by want of proper
instruction and parental authority, may be thoroughly
reclaimed, and by patient and wise attention to physical,
mental and moral deficiencies, a good character may be
engrafted upon a stock of such vicious tendencies, as to
promise at the outset scarcely a possibility, and no reason-
able probability, of a healthy and satisfactory result. This
is another verification of the words of the great Master of
Nature : —
" We are never at the worst
When we can say, this is the worst."
The advantage to the State of such reformation is two
fold. It secures what, in its individual character, is seldom
duly estimated ; tbe contribution to the public wealth of
an honest, industrious, enterprising and intelligent life of
nearly forty years' average duration — for the term passed in
the institution in acquiring information and an established
moral character is to be included in the useful part of a
career, as much as the time spent in invention or manu-
facture of machinery — and at the same time, and by the
same means, it protects society for a like period, from crimes
against property, liberty and life.
These are double advantages which the State and its
people derive from tbe successful operation of a school like
that established at Westborough. And if, in such schools,
success be more doubtful, it must also be said, that when
attained, it greatly enhances corresponding advantages and
In this respect the State has been well compensated for
its care and expenditure of money. That there are defects
m the system upon which it is established, must be
admitted, and the disaster of the present year offers an
opportunity for their correction which cannot wisely be
neglected. Its defects do not present themselves so much
in the inspection of the school itself, as in examination of
the principles upon which it is founded and in tracing the
career of its pupils.
It is, of course, impracticable to follow out each of these ;
but, in some instances, its untoward results may be noted
662 SPECIAL MESSAGES.
in the condition of other institutions. I have caused
careful inquiry to be made in some of the institutions of the
Commonwealth, during the past year, with a view to ascer-
tain what influence this school produces upon its criminal
population. The result, I i-egret to say, is not as satisfac-
tory as could be wished. Of convicts in the State Prison,
not much less than a tenth part are graduates of the State
Reform School.* This proportion, were it a necessary result
of the attempt at reformation, would still be far from
discouraging the efforts so honorably and sincerely made, to
reclaim juvenile offenders. But it is not. It is to be
charged, in my judgment, to defects in the system upon
which it is organized, and not upon the management of the
school. In this respect, I am led to believe, it has been
without serious fault. Nearly thirty of the most intelligent
citizens "of the Commonwealth, representing all classes and
all interests, have been, since its establishment, connected
with the government of the school. So far as I am
informed, no person, thought to be qualified for the work,
has declined service when called upon to render it. The
periodical examinations and reports of the body of Trustees
have been thorough, and have, from timo to time,
suggested defects under which the school labored. They
have employed, in every instance, competent and faithful
officers and teachers.
The State Reform School was established upon a Resolve
approved April 16, 1846, instructing commissioners to
procure an eligible site, by gift or purchase, for " a manual
labor school, for the employment, instruction and reforma-
tion of juvenile offenders," and a sum not exceeding ten
thousand dollars was appropriated for the purpose. The
Resolve was passed upon petitions to the legislature, numer-
ously signed, by judicial officers and other persons repre-
senting the leading interests of the State.
The able commissioners appointed under this Resolve
were aided at the outset, in their very difficult and respon-
sible task, by the wise and practical suggestions of a distin-
guished citizen, the late Hon. Theodore Lyman, who had
given much attention to this subject, and who accompanied
his suggestions by a donation of ten thousand dollars, upon
the single condition that the State should contribute an
equal sum, if the commissioners were of opinion that so
* The exact number of convicts now in the State Prison, who were
formerly in the school at Westborough, and whose names have been
returned to the executive department, is forty-five. The list is believed
by the officers of the prison not to include all from the Reform School.
SPECIAL MESSAGES. 663
much could wisely be expended for this purpose. This
donation was afterwards increased to the amount of seventy-
two thousand and five hundred dollars. The name of the
generous donor was not made known to the public until
after his death in 1849. It has been often stated by those
representing this institution, that but for the generous and
timely donation and bequests of Mr. Lyman, the State
Reform School could not have been established. He may,
therefore, justly be honored as its founder, and the legisla-
ture in selecting a title, would probably have connected his
name with the institution but for earnest remonstrances of
those representing his family, who feared that the incorpo-
ration of the name of any individual with its title might
possibly lessen the interest of the State in its welfare, and
tend to a withdrawal of that support and supervision indis-
pensable to its existence. It was upon this suggestion,
styled the State Reform School.
Mr. Lyman had rendered other important services to this,
his native State. Inheriting an ample fortune from his
father, who left an honorable reputation as one of the
founders of the commercial prosperity of Massachusetts, he
devoted nearly his whole life to public interests. He made
valuable additions to the literature of the country, as the
fruits of his early travel, and contributed to its historical
literature a history of the Diplomacy of the United States —
at the time of its publication one of the most important and
learned works upon that subject. He officiated for several
years as mayor of the city of Boston ; interested himself
and contributed liberally in her public charities, and to all
the benevolent enterprises of the State ; held responsible
positions in its military organizations ; gave attention to the
subject of agriculture and was an active member of the State
Horticultural Society, to which he made a donation of
$10,000. He was long connected with the government of
the Farm School on Thomson's Island, and served as presi-
dent of the association for the improvement of prison disci-
pline from 1847 to the period of his death. During the
whole of his career, in his early studies and travels in
Europe, and as mayor of the city of Boston, he manifested
great interest in the subjects of crime and criminals ; the
discipline of prisons ; the possible reclamation of offenders,
and their restoration, especially of those young in crime
and in years, to the pursuits of useful and honorable citizen-
ship. It is to the practical and profound studies, the
patriotic, benevolent and generous nature of such a man,
that Massachusetts owes the establishment of the first State
664 SPECIAL MESSAGES.
institution on the American continent, for the employment,
instruction and reformation of juvenile offenders.
This is no slight honor in the history of the State or of
the founder of the school. But it is still more to the honor of
Mr. Lyman, that it can be said, as it may without exaggera-
tion, that every defect exhibited in this institution since its
establishment, has been occasioned by a palpable departure
from the eminently wise and practical suggestions made by
him for its direction and government.
It will be useful in view of its present condition, to recall
these suggestions, as they are presented in a reply to inter-
rogatories of the commissioners for the establishment of the
School, which is printed in the documents of the house of
representatives for the year 1847.
1st. He recommended that the buildings " should have
iron or stone stair cases, wide passages and easy and obvious
means of escape in case of fire, especially from the sleeping
rooms; and the rooms and the parts remote and little visited
so finished that they cannot be set fire to, as the incendiary
propensity is very strong in some boysJ^
2d. That as to age of admission, boys over 14 years
should not be admitted. Boys of that age, he says, are
difficult to manage. If they have been for some time in a
vicious course, they become hardened, and being bad them-
selves, are very fit to make otliers bad. The exceptions
under this rule as to admissions when under fourteen years
should be in cases of boys that have shown a very depraved
disposition ; for a few boys of that description in the school
might retard if not prevent the reform of others and receive
no benefit themselves. Where the probability is very strong
that a boy is not susceptible of reformation, he should not
be admitted, because the probability is greater tliat he will
do harm to others than that he will derive benefit himself.
No rule should be made against admission except where the
offence manifests great and especially deliberate depravity.
3d. " Commitments should be made by courts alone.
The institution should be considered a place op punishment
as well as a place of reform, and as under the authority of
the State. It will otherwise do little good. If thought to
be a school and farm, where boys are only obliged to learn
and work, many boys will not be unwilling to go, and
parents will not be unwilling to send them. I should
give no character of disgraceful punishment to the institu-
tion," he says, " but the character of a State School with an
established system of rules and government and discipline,
where [boys are received because they are not fit to be at
SPECIAL MESSAGES. 665
large, and where they are kept and trained until they are
considered fit to be restored to society."
4th. Provision shoukl be first made for one hundred^ with
arrangements to extend if required. The nature of his
view of enlargement is fully expressed in the codicil to his
will, by which he bequeathed to "his native State" fifty
thousand dollars " to establish in the town of Westborough
an institution or institutions for the discipline, instruction,
employment and reformation of juvenile offenders."
5tli. " Discharge of boys must be a matter of discretion,
and the rule should be, that the boy should serve out his
time, and the exceptions to this rule should be extraordinary
ones. No power should be used with more caution in public •
places of punishment, than the power to pardon, for no
power is more liable to abuse."
It will be found, I believe, that the contravention of these
suggestions in the organization and management of this
school has been the cause of its failure to answer the utmost
expectations of its friends, and also of its present disaster.
Other wise recommendations in relation to employments,
amusements, ventilation, furnishing occupations, and money
upon discharge, &c., which do not now call for especial
consideration, are suggested by the founder.
There has been manifestly a failure in the construction of
the buildings with reference to the "incendiary propensity"
which he describes.
The disregard of his views as to age of admission, has
been prolific of evil. Scarcely a report has been made by
trustees which does not refer to this subject. Pupils have
been rejected by the trustees in the exercise of a high
discretion, which they must of course be reluctant to exer-
cise against authorities for commitment, sometimes on the
ground of idiocy and of deficiency or excess of years.
Attention has been constantly called to this error by
trustees. So lately as in the report for 1857, it is said that
" boys have been sent to the school so young that they were
better fitted for the nursery than the more rigid discipline
of the Reform School." There seems in many instances, an
entire disregard of the consideration, whether the candidate
for admission had such bodily strengtli as to require greater
vigilance and more restraint than would be necessary for
the average number of inmates. This has greatly enlarged
the number of commitments, a fatal error in the system,
and rendered the classification which is indispensable to
666 SPECIAL MESSAGES.
A like error in the other extreme, has diminished its
correctional power. It was the wise suggestion of the
founder that boys over fourteen years of age should not be
admitted, and boys under that age, who had shown " a very
depraved disposition," should be made exceptions to the
general rule of admission. That there has been an entire
disregard of this view is shown by nearly every report of the
trustees. The average age of pupils has been for the last
year over thirteen years, and twelve years and three-
quarters for the whole term of the existence of the school.
In the year 1856, tiventy-eight boys were received over
sixteen years of age. The legislature, upon the urgent
■ recommendation of trustees, to remedy this evil, arising
from the inadvertence of magistrates or misrepresentations
of friends, required that the mittimus should set forth the
ages of boys committed. Other regulations will be required,
in my judgment, entirely to remove this difficulty. In the
very last report of the trustees, the serious attention of
magistrates is called to the question, " whether, after two or
three arrests and convictions, and especially, when the boy
is advanced to the age of fourteen years, he is a fit subject
for our school ; whether the probabilities of his reform are
not so small, and his influence on the younger and less
vicious boys so deleterious as to properly exclude him from
the institution ? "
The short term of sentence is another constant complaint
of trustees running through these reports for twelve years.
" A long sentence is more effectual than a short one." The
second report, in 1849, calls especial attention of judicial
officers to the subject ; and in 1857, the trustees, in com-
plaining of the large number of boys committed during the
preceding year, on " short sentences," find it " necessary
again to remind magistrates that the tendencies of such
committals is almost wholly to frustrate the original design
of the founder of the institution." It is probable that the
large number of boys from the Reform School, now convicts
in the State Prison, to which I have referred, are the victims
of this misjudgment as to term of sentence. So far as its
influence extends, it changes entirely the character of the
institution, making it one exclusively for punishment instead
of punishment and reform. It is a departure from the pur-
pose of the law, as from that of the founder of the school.
He required that boys should remain until they were " con-
sidered fit to be restored to society,"
The class of offences for which committals to the Reform
School were intended to be made, has been entirely changed,
SPECIAL MESSAGES. 667
to the detriment of the institution. It was intended as a
refuge for juvenile offenders against law, who, except for its
establishment, would have been consigned to prisons and
penitentiaries, as punishment alone, and without especial
reliance upon the principles of instruction, employment or
reformation. That this was its purpose, is readily gathered
from every record of the institution, the law creating it, the
reports of commissioners, of trustees, and officers, from the
instructions of its founder, and the express object and pur-
pose of its establishment, as suggested by Mr. Lyman, by
the commissioners who organized it, and also as indicated
by the liberal donation from the estate of Mrs. Lamb.
Instead of this, it has been made, to a very considerable
extent, a means of support for indigent children, and a sub-
stitute for parental authority. This is seen in a single fact,
running through every year's experience of the institution.
Of two thousand four hundred and nine boys, received pre-
vious to September 30, 1858, one thousand and twenty-eight
were sentenced for stubbornness ; and if you add to this
number those sent as vagrants, (143,) and idle and disor-
derly boys, (107,) it constitutes a class numbering (1,278,)
more tlian one-half the entire population of the institution,
from its foundation. It is unquestionably true that the State
should make provision for indigent, idle, wandering and
stubborn boys, but it ought never to be done in the State
Reform School, which was designed for an entirely differ-
ent and higher purpose, inconsistent with the object of
mere support, instruction, or family government. Nothing
could be a greater departure from the expressed views of
the founder of the institution. It ought to be said, also,
that every board of trustees, as well as most of the super-
intendents and chaplains, have called the attention of
magistrates and legislators to this fact.
Mo boy should be sent to the school upon the sole charge
of stubbornness. It would not answer to imprison every
stubborn man. Stubbornness and firmness are divided
by very light and sometimes by almost indistinguishable
lines. It is a charge which is capable of indefinite extension
and application, and may cover tlie lightest or the most
" Obstinacy," said Mr. Burke, " is certainly a great vice ;
and is frequently the cause of great mischief. It happens,
however, very unfortunately, that almost the whole line of
the great and masculine virtues, — constancy, gravity, mag-
nanimity, fortitude, fidelity, and firmness, — are closely
allied to this disagreeable quality, of which there is such
668 SPECIAL MESSAGES.
just abhorrence, and in their excess, all these virtues very
easily fall into it."
I can hardly forbear the citation of a religious authority
upon the same subject, not wholly disconnected with the
civil and religious education of our fathers. Sir Thomas .
More, in denouncing the alleged heresies and setting forth
the opinions of Tindalle, says : " If anye Prinoe would by
any lawe or commandement compel hys people to anye of
those things ; Then Tindalle here plainly techeth thi that
they may and must stiffely withstand hys tyranny. So that
fynally concerning obedience, Tyndalle's holy doctrine is :
that the people should in defence of hys (Tindalle's) false
heresies not let to disobei, but stubbernly to withstande
It is not my purpose to encourage or recognize as necessary
evils, stubbornness, idleness, vagrancy, or other fault of this
character, but to call the attention of the legislature to the
impolicy of so blending them with the institution at West-
borough as greatly to enfeeble, if not to destroy, its
capacity for the high duties marked out for it, in the
philanthropic economy of individual generosity and State
If any duty is unperformed, any law violated, any right
infrhiged, let tbe otfender be punished for the act done, not
for a quality of mind, whicli may color good as well as bad
actions. I do not appreciate the necessity, at great expense
and by extraordinary measures, of weeding every element of
firmness out of the character of the youth of our State. I
would especially call the attention of the legislature to the
history of the statutes, in virtue of which this large number
of commitments has been made, and to the verj wide
range of offences, covered not only by the same act but the
same section. It is only when stubbornness leads to a crim-
inal violation of law for a criminal purpose, that it should
be recognized by the institution at Westborough. Stubborn-
ness is less an incentive to crime than ignorance. A man
may be stubbornly right as well as stubbornly wrong ; but
ignorance is never an advantage. It is clear that, consid-
ering ignorance as an incentive to crime, we could not
imprison every ignorant man or boy : and it is equally clear,
in my opinion, tbat no boy should be sent to the Reform
School upon the single charge of stubbornness. If through
ignorance, idleness, vagrancy, or stubbornness, he has been
led into crime, let the record of his conviction set forth the
crime as well as the cause. This was the original intention,
SPECIAL MESSAGES. 669
and the -n-ide departure from this purpose has been in many-
respects fatal to the usefuhiess of the school.
It was a serious and most important question in the
inception of this institution, who should be invested with
authority to sentence criminals to the school for reform.
" Should commitments be made by courts alone, or by
others, and if so, by whom ? " asked the commissioners.
" By the courts alone," answered the founder of the school.
" The institution should be considered a place of punish-
ment as well as a place for reform. It will otherwise do
The statute of 1847, approved April 9, authorized sentence
to the Reform School to be pronounced by any court or
justice. For the greater part of the time, therefore, there
liave been eight or ten thousand committing magistrates.
The third report of the trustees makes especial allusion to
this subject, (page 4,) in connection with the charge of stub-
bornness. It came to be understood, as was anticipated by
Mr. Lyman, that the institution was a school and farm
where boys were only obliged to learn and to work, and boys
were willing to go, and parents, because of the want of
means of support or instruction, on account of family
reasons, inefficiency of parental authority, or a fear of mis-
fortune, have been content to send them there. The result
of this facility of commitment has been, that in a little more
than a year after its organization, the trustees were obliged
to give public notice of their inability to receive more boys ;
and this notice has often been repeated since. The institu-
tion has been crowded to overflowing, until, in the last
year, there were at one time six hundred and thirty-nine
pupils, and an average of five hundred and ninety through
There can scarcely be a doubt, if the views of him who
so munificently endowed the school had been more closely
followed, the authority to commit limited to the " courts
alone," the list of offences for which commitments were
made reduced to that class tried in courts and punished in
prisons and penitentiaries, — that the number of boys would
have been reduced one-half, to their advantage and to the
reputation of the school. This would have reduced the
number of pupils to three hundred, which was the number
contemplated by the law erecting the school.
In the reconstruction of this institution, it seems impera-
tive that we should recur to the views of those who were its
creators ; and following their views, guided by the light of
670 SPECIAL MESSAGES.
twelve years' experience, it may happen that as much of
good as evil will arise from the disaster of tlie last month.
It seems to me that it is clearly impolitic for the Com-
monwealth to re-establish the school upon its present
system. It will be far better to return to the ideas upon
which it was founded, the correctness of which has been so
completely shown in the experience of the past ; especially
should we regard the necessity of bringing it, so far as num-
bers are concerned, to the "moderate and limited scale"
suggested by Mr. Lyman. Not more than two hundred boys
should be brought together in one building; and that should
be so constructed as to admit of a perfect classification as
regards instruction, amusement, employment, and also tem-
perament, propensity and character ; it should be sucli as to
admit of entire separation and isolation, if necessary, for
incorrigible boys. The annual expenses of the institution
can be greatly reduced by the introduction of a greater
variety of employments, and secure both to the public and
to the pupils more certain and important advantages than
have been yet received from the institution.
The present time affords a favorable opportunity for the
consideration of the subject of nautical scliools. In the
great national interest of commerce, in which Massachusetts
ranks as a pioneer, and still maintains an honorable position,
no greater evils are experienced than those which arise from
scarcity of American seamen. In our ships employed in
foreign trade, it is stated upon high authority, that not more
than one-fifth or one-fourth of the seamen are Americans.*
Other nations are making great exertions to increase the
number of efficient seamen. England pays them liberal
l^ounties on entering her service, and France has encouraged
this branch of her maritime interests, by paying a bounty
equal to twenty-five per cent, to those employed in her fish-
eries. In our own country, sea service, one of the most
important to which men can be called, either as it regards
the prosperity of the country or the honor of its flag, receives
no favor from government, alike to the detriment of com-
merce and the strength of the navy, which is in men rather
than in ships or engines of war. American seamanship,
in contradistinction from other national vocations, fails to
maintain its reputation and its capacity. The fisheries, the
early and prolific nursery of American seamen, are rapidly
declining, and upon the threatened withdrawal of the existing
* Memorial of Robert B. Forbes, Esq., to Congress, on the subject of
Floating Schools for the education of seamen.
SPECIAL MESSAGES. 671
light bounty, will fail long to contend against English and
French competition. There is no institution of tlie general
government in which young men are made seamen. No
State has entered upon this^duty; and unlike every other
calling, there is no opportunity, except in a single school of
this character in the city of Baltimore, for those who desire
to become educated seamen.
Will it not be wise for the legislature to consider the
expediency of making some provision of this character, for
the surplus energy and intellect of its misdirected youth who
now are led to criminal courses, and end with the life of the
Americans love the sea. They ai-e, as it was said by the
first Napoleon, the best sailors in the world. No career
offers a more certain and liberal compensation for intelligent
enterprise. There is no surer avenue to individual and
national prosperity, than that which lies in the direction of
an extension of commerce. It is a rational substitute for
the barbarian filibusters of the age. We want commerce
and not dominion. To maintain commerce, we must obtain
seamen. The romance of a depraved youth generally leads
him to the sea. His readings are from the pages of Defoe,
Cooper, Byron, Marry att and Falconer, whose glowing por-
traitures have drawn from the hearth-stones of inland homes,
as well as from city haunts, in times past, the best or the
wildest of their sons. The terrible disasters that occur at
sea, which have engulfed so many of our people, are caused
or increased in too many instances, by the scarcity or incom-
petency of seamen. Bad seamen make inefficient officers ;
and good seamen render it impossible that incompetency
shall maintain the highest position on the quarter deck. Is
it not practicable to turn, therefore, something of the excess
of vicious youth, to pursuits so congenial to many, and
which will minister so directly to their own advancement in
honorable courses of life, — to the enlargement of our com-
merce, — to the security of ocean travel, — to the prosperity
of the people, — the extension to other lands of the principles
of American liberty, and to the honor of the American flag?
A vessel of seven hundred tons would accommodate, I am
informed, two hundred and fifty boys. It could be purchased
for this purpose for $5,000 or 88,000. It is not impossible
that a condemned government ship, in every respect suitable
for this purpose, could be obtained at a favorable opportunity,
from the General Government, which could hardly fail to
favor a sale of an unseaworthy ship of the line, for such an
object, at a reasonable cost : and it is probable that in a
672 SPECIAL MESSAGES.
period of greater commercial prosperity than the present,
those engaged in tlie merchant service would liberally con-
tribute in aid of an enterprise of this kind. Boys could be
received on board ships, of a riper age than at Westborough,
A more stringent discipline could be enforced, and good
conduct and rapid advance in study, be rewarded by pro-
motion to honorable ofhces and duties on board ship. At
the age of fifteen or sixteen years, after study and practice
of one or two years, tliey would be received in the merchant
service at wages, and as educated seamen, have opened to
them profitable and respectable courses of life.
If the legislature should hereafter, upon due investigation,
and upon proper aid rendered by other parties interested,
think it expedient to enter upon a limited experiment of this
character, to Massachusetts would belong the honor of hav-
ing established the first State Reibrni School for Boys ; the
first State Industrial School for Girls, and the first State
Nautical School for educating seamen.
There is one consideration that enforces upon the legisla-
ture a liberal view of the necessities of the State Reform
School at Westborough, as regards appropriations and expen-
ditui'cs, though I can entertain no doubt that in this, as in
all benevolent enterprises, the legislature will maintain the
high character of the State for a generous providence in
behalf of the unfortunate.
It is stated in the second report of the trustees, that in
addition to the sum of -f 12,500 given by the then unknown
donor, with which the entire farm had been purcliased, they
liad received from the same source ten thousand dollars
upon condition that the State should pay an equal sum.
This was paid and invested " according to the conditions
prescribed by the giver as a permanent fund," the income
of which was to be expended for the benefit of the school.
In the third report, after the decease of the donor, it is
announced that by his will, he left the sum of <"$50,000 in
addition to his former donations, as a legacy to the institu-
tion — making ^72,500. " Twelve thousand five hundred
dollars," it is stated, " were employed in purchasing the
two farms on which our establishments are located ; and the
remaining sum of sixty thousand dollars, which includes
the ten thousand already received and invested, will, in
accordance ivith the directions of the testator, be invested as
a permanent fund, the income of which is to be used at the
discretion of the Trustees," to promote the prosperity of the
SPECIAL MESSAGES. 673
It does not appear from the language of the codicils that
the bequest was coupled with this condition, but there can
be no doubt that such was the intention of the testator, and
such the understanding of the representatives of the insti-
tution. When the enlargement was made in 1853, as it
appears by the seventh report, the expense, amounting to
S54,752, was " met by an appropriation from the Lyman
Fund of $50,000, leaving but $4,752 to be provided by the
legislature. There can be no doubt that this appropriation
was justified by the terms of the will, and as little, I sup-
pose, that it was different from that intended by the testator,
or anticipated by the trustees that received it in behalf of
the State. The buildings, included in the enlargement,
having been erected from the Lyman Fund, and now
destroyed by fire, it will appear, — if the legislature shall
decline appropriation for the restoration of the school upon
a safer foundation, — that the State, by an enlargement not
contemplated by the founder, and an appropriation of his
bequest not anticipated nor intended by him, as his purpose
was interpreted by those who received his directions, having
expended in a fruitless work the proceeds of his philanthropic
generosity, is disinclined to replace from its own treasury
an amount equal to that lost to the Lyman Fund by the
enlargement and the late conflagration. I trust that will
not be the conclusion of the legislature, but that, with wise
liberality, and wisdom enlarged by experience, this first
and greatest work of any State for tlie reformation of juvenile
offenders will be placed upon a more permanent foundation,
with enlarged opportunity and power for the full completion
of its beneficent and patriotic purpose.
[To the Senate, September 7.]
By an Act of the legislature, approved on the fifth day of
April, 1859, it is provided : " That his excellency the gov-
ernor, his honor the lieutenant-governor, the secretary of
the board of education, the attorney-general, the secretary
of the Commonwealth, the treasurer and receiver-general,
and the auditor of accounts, be and hereby are autliorized
to effect for and in behalf of the Commonwealth, a purchase
of the estate known as the Hancock House, if in their
unanimous judgment and discretion, after all necessary
investigation and examination, it be deemed expedient for
the Commonwealth to make such purchase : provided, that
not more than one hundred thousand dollars shall be paid
therefor, and that no alterations in the external or internal
arrangements of said house be made, otherwise than to keep
674 SPECIAL MESSAGES.
the same in good repair while it remains the property of the
Commonwealth, and that it shall never be used as a resi-
dence for the governor of the Commonwealth." And
further, that " If such purchase shall be made, they shall
communicate the fact to the legislature at the session to be
held in September next, and shall accompany their commu-
nication with a recommendation as to the uses to be made
of said estate in the future, together with an estimate of
what expense and outlays will be necessary for its repair
and maintenance." An Act of the same legislature, ap-
proved April 5, 1859, entitled " An Act establishing the
Superior Court," section 36, provides that " a law term of the
supreme judicial court shall be held at Boston, on the first
Wednesday of January of each year, which term may be
adjourned from time to time, to such places and times as
may be most conducive to the dispatch of business and the
interests of the public ; and all questions of law, whether
arising upon appeal, exceptions or otherwise, and from
whichever court, shall be therein entered and determined,
if the same arise in either of the following counties : Essex,
Suffolk, Middlesex, Norfolk, Plymouth, Bristol, Barnstable,
County of Dukes County, or Nantucket, and all questions
of law in criminal cases."
This provision of the statutes makes the law term of the
supreme judicial court emphatically a State law term, and
may require that other provision for the accommodation of
the supreme court than that now existing in the county of
Suffolk should be made by the State. In answer to a com-
munication addressed to his honor Frederick W. Lincoln,
Jr., mayor of the city of Boston, inquiring whether, by lease
or otherwise, suitable accommodations for the law term of
the supreme court, under the recent Act, could be furnished,
I am informed that, as far as possible, the city is willing to
furnish, without charge to the State, the same rooms now
occupied by the supreme court in transacting the business
of the county of Suffolk ; but that if the court should hold
two sessions at the same time, another room cannot be fur-
nished without enlarging the court house, which is not likely
to be done at present.
I transmit to the senate, for the use of the legislature, a
copy of the correspondence, and also a copy of a report of
the board of aldermen of the city of Boston upon the same
It is probable, therefore, that, ultimately, the State will be
required to furnish suitable accommodations for this term of
the supreme court.
SPECIAL MESSAGES. 676
It has appeared to me, upon such consideration as I have
been able to give this subject, that suitable rooms in the
capitol may be had by transferring the executive offices of
the governor and council to the rooms of the Hancock
House, if it should be purchased by the State, or by appro-
priating this house to the use of the court, as the legislature
should deem most expedient.
If it shall become necessary to provide new accommoda-
tions for the law term of the supreme court, to be the exclu-
sive property of the State, — and the State, manifestly, should
be the exclusive owner of the halls of justice appropriated to
its use, — I know of no arrangement more for its interest than
the one suggested. It seems to be the most appropriate use
to which the Hancock House could be assigned, if the pur-
chase contemplated by the Act referred to sliould be effected.
In addition to the spacious, airy and eligible accommoda-
tions for the court, and the people interested in its proceed-
ings, it will have an immediate proximity to the* State
library, which has perhaps a broader foundation for an
extended and perfect law library than any other collection
of books in the Commonwealth presents ; and I believe that
by an expenditure of perhaps one thousand dollars, and a
special appropriation of two or three hundred dollars to tlie
purchase of law books in which the library is now deficient,
out of the sum of twenty-tlu'ce hundred dollars annually
expended for its enlargement, it can be made one of the
most comprehensive and perfect law libraries to be found in
I have the honor to inclose a communication from the
attorney-general, honorable Stephen H. Phillips, upon the
condition and capacity of the library in this respect.
I have not thought it proper, however, to take any steps
whatever, leading directly or indirectly to so important a
result as the removal of the supreme court from its present
location, without the assent and direction of the legislature.
And as the Act by which the commissioners named therein
were invested with a partial authority of purchase, required
the unanimous concurrence of all its members, not only in
the purchase but as to the uses to which it should be appro-
priated, I have thought it unnecessaiy, being unprepared
to enter upon the purchase myself for the purpose to which
it seemed to me best adapted, to order a meeting of the
commissioners named in the Act.
Since the adjournment of the legislature, I have learned
that the immediate transfer of this property will be affected
by a condition embodied in the will of the late Mr. Hancock.
676 SPECIAL MESSAGES.
The provision is as follows, viz. : — " I direct that the man-
sion house estate in Beacon Street shall not be sold until four
years after my decease, and that the sale of the same shall
be advertised in one or more papers in Boston, New York,
Philadelphia and Washington. I hope the estate may not
be sold, but retained in the family ; but if sold, I direct that
if not sold in one lot it be sold in four separate lots, and if
sold in four separate lots, that the house be sold separately."
It does not appear, however, that the restriction upon
the transfer of title materially affects the negotiation on the
part of the State, if the purchase shall be desired. All the
heirs to the estate desire its transfer to tlie Commonwealth.
They will ask nothing in the nature of payment until a full
title to the estate may be given, and are ready to give, as I
am informed, such assurances of their purposes and inten-
tions as may be required of them in the event of a contract
for purchase being made between them and the Common-
If the pressure of special and very important business
which engages the attention of the legislature at this session,
shall preclude the possibility of a fuU consideration of the
subject at this time, it will be expedient to refer it to the
next legislature, whicli will have, from the experience of
the supreme court, under tlie Act of 1859, better means of
judging of the necessity of a transfer of the court from its
present location, and the expediency of purchasing the
Hancock House, with reference to its ultimate establishment
there or at the capitol.
[To the Senate and House of Representatives, September 7.]
I have the honor to transmit for the information of the
senate and house of representatives a copy of a general order
from the military department of the government, providing
for an encampment of the volunteer militia of the Common-
wealth, in full force, at Concord, near the ancient battle
ground, on the 7th, 8th and 9th days of September, instant.
It will be, as I am informed, the first encampment of the
entire military force of any State of the Union in time of
peace. It will embrace the volunteer militia in active ser-
vice from every part of the Commonwealth — every division
being represented in unusually full ranks.
The camp presents to the legislature, therefore, an oppor-
tunity that has never before occurred, for examining with
very great minuteness the actual condition of this arm of
the public service with regard to its numerical strength, its
capacity for active duty, its discipline, conduct, equipment
SPECIAL MESSAGES. 677
and organization. When so much that relates to the public
defences depends upon the eflficient organization of citizen
soldiers, and so large drafts are annually made upon the
treasury for its support, it becomes important that its actual
condition and character, in all respects, should be understood
by those who are charged with the duty of making appropri-
ations of public money for its maintenance, and enacting
laws for its regulation and government. Such an opportu-
nity is now presented at Camp Massachusetts. The infor-
mation it affords will not be drawn fi'om reports of subor-
dinate or superior officers, nor from departments, but from
actual personal observation.
The camp will represent the substantial condition of the
service, and the habits and character of Massachusetts citi-
zen soldiers. Large bodies of men cannot suddenly assume
habits of life unfamiliar to them, nor successfully maintain
against the scrutiny of intelligent men a character for
sobriety, orderly conduct, and manly discipline, which does
not belong to them. The legislature will see the militia as
it is, and judge if it be as it should be. The troops and the
friends of the system ask nothing more than that its true
character may be known to the legislators and to the people
of the Common wealtli.
The review of the line will take place on the morning of
Friday, the ninth day of September, instant, and I respect-
fully invite the senate and tlie house of representatives to
visit the camp on that day, to inspect its condition, to parti-
cipate in the review of the troops, and to accept such hospi-
talities as the camp affords.
A special train will be appropriated to the service of the
legislature by the liberality of the Fitchburg Railway Com-
pany, and I am authorized, if the legislature shall accept
the invitation to be present, to tender, at its pleasure, for
purposes of escort duty, the services of the Ancient and
Honorable Artillery Company.
[To the Senate, September 7.]
By an Act of the legislature approved April 2, 1859, it is
provided that the avails of the sales of lands belonging to
the Commonwealth in tlie Back Bay, shall be paid into the
treasury, to be held, invested and applied, in accordance
with the provisions of sundry Acts and Resolves therein
named ; and after the provisions of said Acts and Resolves
are complied with, it is further provided that twenty per
centum of the avails of such moiety remaining shall be [)aid
678 SPECIAL MESSAGES.
to such persons as should be, at that session of the legisla-
ture, incorporated as the Trustees of the Museum of Com-
parative Zoology ; such payments not to exceed, in the
aggregate, the sum of one hundred thousand dollars ; and
upon condition that it shall be made to appear, to the satis-
faction of the governor and council, that there has been
secured by subscription, in aid of such institution, in cash
or bonds of unquestionable security, an amount equal to
the amount then to be paid to such institution, according to
the terms of the Act.
By a subsequent Act approved April 6, 1859, the
governor, lieutenant-governor, president of the senate,
speaker of the house of representatives, secretary of the
board of education, and chief justice of the highest judicial
court, ex officiis ; and certain individuals named in tlie Act,
are made a body politic and corporate, by the name of the
Trustees of the Museum of Comparative Zoology ; with all
the powers and privileges usually granted to such corpo-
I have thought it to be my duty to inform the legislature,
that under the provisions of the Acts referred to, the corpo-
ration authorized has been duly organized, and that,
including, in accordance with the terms of the Act creating
the corporation, the sum of fifty thousand dollars heretofore
contributed to the support and maintenance of the museum,
by William Gray, the sum of one hundred and twenty-one
thousand dollars has been subscribed, and will hereafter be
paid in support of the museum.
I have also the honor to transmit to the senate for the use
of the legislature, a copy of the by-laws of the trustees of
the museum ; a copy of the articles of agreement between
the trustees of the museum and the president and fellows of
Harvard College ; a copy of the deed of land, on the part
of the president and fellows of Harvard College to the
trustees of the museum, and their successors ; and a list of
the contributors to the fund subscribed for the support of
Arrangements have been made in the articles of agree-
ment, with a view to secure to the public the freest enjoy-
ment of and access to the museum, consistent with its use
for scientific and educational purposes.
Provision is also made for lectures and instruction to
classes of teachers of the pu.blic schools, to classes of pupils
in the normal schools in the Commonwealth, and to such
special classes of students and persons not connected with
the institutions named in the Act, desirous of availing
SPECIAL MESSAGES. 679
themselves of the instruction of the curator, Professor
Agassiz, and of the advantages of the museum, as may be
received or invited.
Ground was broken for the erection of the buildings, on
the 14th of June last. A contract has been made for the
construction of a part of the proposed museum, about eighty-
feet by sixty, composed of brick with fire proof walls and
floors, at a cost of $41,800. The building is now in
progress, and may be completed in November of the present
[To the House of Representatives, October 3.]
The legislature passed an Act approved the sixth day of
April, 1859, entitled " An Act in relation to the Back Bay
and tlie Public Garden in the city of Boston," for the pur-
pose of obtaining an adjustment of an imsettled question as
to the rights of the city of Boston in a strip of land lying
between Arlington Street and the Public Garden.
By the provisions of the sixth section of this Act, the board
of aldermen was required to submit the statute to tlie legal
voters of the city of Boston for their acceptance or rejection.
The Act was accepted on the twenty-fifth day of April, 1859,
and proclamation of the fact was duly made in accordance
with the terms of the Act by the secretary of the Common-
wealth ; a copy of which proclamation is herewith trans-
By the fourth section of the Act, it is provided, that, " for
the purpose of determining a just equivalent to the city of
Boston, for the relinquishment hereby made of any rights
the said city may now have to erect buildings on the strip of
land on Arlington Street, which was conveyed to the city by
the said indenture of December eleventh, eighteen hundred
and fifty-six, the governor of the Commonwealth and the
mayor of said city shall appoint three commissioners, who
shall make an award thereon ; and the Commonwealth shall
convey to the city of Boston such portion of the land or flats in
the Back Bay, belonging to the Commonwealth, and upon such
limitations and restrictions as the said commissioners shall
order and direct, in said award, as such equal equivalent ;
and if such commissioners shall not be appointed within
thirty days after this Act shall take effect, the supreme
judicial court, upon the representation of either party, and
upon notice to the other, shall appoint such commissioners."
Acting under this provision of law, the governor of the
Commonwealth and the mayor of the city of Boston appointed
three commissioners, honorable Josiah G. Abbott, of Lowell,
680 SPECIAL MESSAGES.
honorable George B. Upton, of Boston, and honorable
George S. Boutwell, of Groton, to consider the subjects
embraced in tlie section cited and to make an award thereon.
The commissioners, upon a review of the whole question, and
a patient hearing of the parties representing the Common-
wealth and the city of Boston, made an award transferring
to the city of Boston specified portions of the lands in the
Back Bay as an equivalent, with other conditions named in
the Act, for the surrender of its right to build upon tlie strip
of land between Arlington Street and the Public Garden,
which award was in accordance with the provisions of a sub-
sequent Act approved on the sixth day of April, confirmed
by the governor and council, and deeds of land in accordance
therewith were delivered to and accepted by his honor the
mayor of the city of Boston.
I have the honor to transmit herewith a copy of the award
of the commissioners, a resolution passed by the council in
confirmation of the same, and a copy of the deed of land
delivered to the city of Boston.
No provision has yet been made by the legislature for the
compensation of the commissioners who were appointed for
the adjustment of this controversy. By an agreement with
his honor the mayor, and by the terms of the award, it was
determined that the expenses of the arbitration should be
borne equally by the Commonwealth and the city govern-
ment, and in pursuance of that arrangement one-half of the
expenses of the award, have been paid by the city of Boston.
I have the honor to transmit herewith the account of the
commissioners, and respectfully request that an early pro-
vision may be made for the adjustment of tbe unsettled
balance of their claim.
By the terms of the Act it was provided that the perma-
nent Board of Commissioners on the Back Bay should cause
to be filled, at the expense of the Commonwealth, the piece
of land between Arlington Street and the Public Garden.
This was done vs^ithin one month from the rendering of the
award, at an expense by contract, of twenty-five thousand
dollars. Legislative action is required, to authorize the
application to this particular purpose of a portion of the
funds placed at the disposal of the commissioners, to be used
for purposes of improvement.
The compensation of the special commissioners who made
the award may likewise be properly charged to the same
account, and accordingly the whole of these expenditures,
like the others required for the prosecution of the work, will
SPECIAL MESSAGES. 681
cause no burden whatever to the ordinary revenue of the
It may not be improper, in order that the liberal course
pursued by tlie Commonwealth in regard to this great public
improvement may be perfectly understood, to refer to tlie
origin of the controversy, now fortunately adjusted.
In consideration of the surrender of certain conceded and
asserted rights not greatly important to the city but materi-
ally affecting the interests and possessions of the Common-
wealth, a committee of the legislature, appointed under
Resolves of 1856, chapter 76, to act with the commissioners
on the Back Bay, by a tripartite indenture between the
Commonwealth, the city of Boston, and the Water-Power
Company, dated December 11, 1856, granted to the city of
Boston the strip of land lying between Arlington Street and
the Public Garden, upon which the award of the commis-
sioners lately appointed was founded.
The grant of land was not only without conditions, but
expressly waived all conditions as to its use. And it was
U})on this fact that the city founded its unquestionable right,
according to the terms of the grant, to use the land for such
municipal or building purposes as should be deemed expe-
Yet it is equally certain, that the cession was made on the
part of the State with an understanding, or in the belief,
that it would be used only as a part of the Public Garden,
and not for city buildings or dwellings. It will be manifest
that the legislature would never have granted to any party
this piece of land, the key to the whole of its possessions in
the Back Bay, and separating them from the Public Garden
and tlie Common, except in the belief that it was not to be
used for building purposes, but to add to the public grounds
of the city.
This is shown not only by the nature of the transaction
and the position of the land, but in the explicit language of
the reports of the committee of the two houses of the legisla-
ture, and of the commissioners on the Back Bay.
The report of the committee of the legislature has this
explanation of the grant of land made to the city : —
" The agreement provides for a new boundary at right angles to the
Mill-dam, and to effect this jjurpose, (since the city could not alienate any
portion of the Public Garden,) the State grants to the city a piece of land
to he added to the Public Garden, of about the same size as that on which
extended the restriction already mentioned as prohibiting the erection of
buildings ; and the city in return relieves the Commonwealth from this
restriction." [Page 9, Senate Document No. 17, 1857.]
682 SPECIAL MESSAGES.
The government of the city, standing upon the terms of"
the grant, claimed unrestricted possession for any purpose
wliatever, — as it certainly had a riglit to do, — and tlie com-
missioners awarded, in the consideration of its rights, an
additional tract of 44,800 feet of land as a just equivalent for
tlie surrender of the same to the Commonwealth, and its
dedication to the uses as a part of the Public Garden, and
the perpetual preservation of the Public Garden itself,
excepting only the right of placing a city hall thereon.
The legislature in 1814, granted to the Boston and Rox-
bury Mill-dam Corporation, the perpetual right of flowage
over the Back Bay lands. This right covered about two
hundred and five acres owned by the State, and two hundred
acres above the riparian line, owned by various parties. The
whole of this land was subject to the right of flowage, and
was flowed by the Boston Water-Power Company, which came
into possession of the rights previously granted to the Mill-
dam Corporation. The results of the exercise of this right
of flowage to the city of Boston are thus described in a
report upon the drainage of the Back Bay, in 1849 : —
" In fact the Back Bay is at this hour nothing less than a great cess-pool
into which is daily deposited all the filth of a large and constantly increas-
ing population. And it is a cess-pool of the worst kind, contrived as it
were for the purpose of contamination and not relief; for it is an open
one, and therefore exposed continually to the action of the sun and weather,
and every west wind sends its pestilential exhalations across the entire
city." '• A greenish scum many yards wide stretches along the shores of
the basin as far as the Western Avenue ; whilst the surface of the water
beyond is seen bubbling like a cauldron with the noxious gases that are
exploding from the corrupting mass below." [Pages 11 and 12, Boston
City Document No. 14, 1850.]
The Commonwealth purchased of the Water-Power Com-
pany this riglit of flowage, by the release of one hundred and
two acres of land, and thus extinguisiied the nuisance com-
plained of, and obtained for itself and tlie riparian proprie-
tors the right to reclaim the flats with filling of solid earth.
The Commonwealth has purchased, by surrender of its
interest in certain flats north of the Mill-dam to the Mill-dam
Corporation, the freedom of the Western Avenue from tolls
in May, 1868, if it does not earlier occur ; thus removing by
its own act, the only toll now remaining upon the roads or
bridges leading to or from the city. It has, by a most liberal
plan of avenues and streets, surrendered one-tiiird of its land
when reclaimed by solid filling to tliis purpose, and by the
release of other valuable interests to the Water-Power Com-
pany, secured tlie continuation of the same liberal plan of
avenues and streets through the lands of that corporation.
SPECIAL MESSAGES. 683
It has also made liberal provision for the drainage of that
part of the city, at its own cost.
It has appropriated from the revenues that may be received
for sales of the lands so reclaimed, the sum of $100,000 to
the erection of the Museum of Comparative Zoology, which
though it may ultimately become an institution of great
interest and importance to the whole State, had its origin
chiefly in the public interest manifested by the city, as
appears from the fact that of the subscribers to the fund of
nearly one hundred and twenty thousand dollars in its aid,
all, with very few exceptions, were citizens or residents of
Boston ; and of the appropriation from tlie same source — the
sale of lands — in support of the system of public schools,
which will amount, it is believed, to a million or a million
and a half dollars, at least one-tenth part will be paid for the
support of the schools of tlie city of Boston.
In addition to these advantages, the territory itself has
been annexed by legislative act to the city, adding to its
taxable property whatever may be its value when completed.
Tbere are few cities exerting such extensive influence
upon the world, so circumscribed as the city of Boston.
With an area of little more than three thousand acres, of
which the city proper has but one thousand three hundred
and sixty acres, and an increasing commerce and population,
its confined limits become a subject of consideration as it
regards the convenience of its people and its relation to other
commercial cities and States.
Institutions of government and the habits and capacity of
the people being tbe same, the relative importance of cities
is estimated chiefly upon considerations of population and
The capacity of the people of different parts of tlie country
for product and consumption must be nearly the same, and
the strength of population is necessarily limited by tlie extent
Such considerations naturally have an influence upon the
domestic and foreign trade of the city of Boston. The addi-
tion of a hundred acres — nearly a thirtieth part of its present
entire area — is therefore an event of consequence, and an
advantage that is entitled to consideration.
When that addition consists, as in this case, of property
like that reclaimed from the Back Bay, made solid by filling
of the purest earth — capable of sustaining the most substan-
tial structures, generally without other support than that of
the earth itself — intersected by spacious streets, and an
avenue of two hundred and forty feet in width extending in
684 SPECIAL MESSAGES.
direct line for a distance of four miles, ornamented with
public walks and carriage ways, with grass plots and planta-
tions of trees, — to be adorned hereafter, it is to be hoped,
by the erection of statues and works of art, and the whole
surrounded by stately mansions such as improve the most
favored portions of the city, — it cannot but add to the
renown of the Commonwealth and the lasting and inappre-
ciable advantages of its capital city.
The contractors with the Commonwealth, who have under-
taken to reclaim these lands by solid filling, are pursuing
their work with great success, and in a manner that leaves
nothing to be desired on the part of the State or its pur-
I am informed by the commissioners that efficacious and
early arrangements will be made for the sales of land, and
the completion of this most important public work ; and I
feel assured that neither the city of Boston nor the people of
the Commonwealth will have cause to regret the adjustment
of the difficulty, which for a brief period has interrupted its
progress, or the liberal plan which has been adopted for the
management of its landed interests and the improvement of
the metropolis of New England.
[To the Senate, October 3.]
I have the honor to transmit to the honorable senate, for
the consideration of the legislature, a communication,
signed by S. G. Howe, R. C. Waterston, George S. Bout-
well, George B. Emerson, Alpheus Crosby, E. Edmunds,
and Josiah Quincy, Jr., a committee appointed at a public
meeting in the city of Boston, respectfully requesting that a
suitable place be assigned in the State House grounds for
the erection of a bronze statue of Horace Mann, to be
procured by general subscription among the people of the
State. I recommend that this request be granted. Works
of art, independent of associations of personal character, are
of the highest public utility. They elevate the popular
taste and are in themselves a source of instruction and
rational pleasure. In the controversies of men who midei'-
take by statutes or institutions of government conformable
to the genius or necessities of the age in which they live, to
supply the deficiencies or to correct the errors of the past,
there is much of tribulation and anguish, for which the life-
time of those who suffer, offers no adequate compensation.
Perhaps the thought that most encourages persistent effort
in great enterprises, in addition to the hope of contributing
to public welfare, is that of leaving a name worthy to be
SPECIAL MESSAGES. 685
remembered in the land's language. Monumental memo-
rials enable us to repay with grateful and unfailing remem-
brance such services of great and good men, to minister to
an honorable and patriotic ambition, and to stimulate every
generation to a generous emulation of high thoughts and
magnanimous actions. Far from prompting indiscriminate
approval of historic character and historic acts, they incite
constant and intelligent inquiry, and lead multitudes of
men to conscientious investigation and just conclusions.
It is well for the age in which we live that the deeds of
good men are held in constant public remembrance, and the
State can hardly establish for its people a nobler reputation
than to show, that with a spirit of their own, they cherish
the fame of those whose public labors have established
important public privileges.
The department of education was one to which the
founders of the government gave their earliest attention. It
has received the support of the ablest of every class of our
citizens, and is now as it ever has been one of the most
cherished institutions of the people.
Among the eminent men who have given lives of labor to
its support, no single life has been more devoted in duty,
more successful in labor, or of greater value to the Com-
monwealth, than that of the late Horace Mann.
His services in the legislature, in which he initiated many
important measures, as representative of a portion of the
people in the congress of the United States, his labors in the
codification of the statute laws, as well as liis enthusiastic
and wise devotion to the cause of popular education in
which he may be justly said to have sacrificed his life, have
drawn to him with remarkable power the affections of the
people of the Commonwealth, and constitute a character
that is worthy an enduring public commemoration.
[To the House of Representatives, NoTember 19.]
In answer to an Order of the house of representatives,
bearing date the 24th of October, I have the honor to trans-
mit such information as the records of the land department
present, in answer to the following inquiries :
1. The quantity of lands owned by the Commonwealth in
the State of Maine.
2. The portion in any way subject to mortgages or other
3. The facts elicited by the investigations of the com-
mittee appointed under chapter 52 of the Resolves of the
686 SPECIAL MESSAGES.
From the establishment of the land office, January 1,
1785, to the year of the separation of Maine from Massa-
chusetts, 1820, the number of acres of land sold in the
territory now constituting the State of Maine, was four
millions three hundred and sixty-eight thousand nine
hundred and seventy, (4,368,970.)
In the same period there were grants in aid of colleges,
academies, and for other public purposes, amounting, in
acres, to one million seventy-four thousand nine hundred
and twenty-nine, (1,07-1,929,) making a total alienation
from 1785 to 1820, of five millions four hundred and forty-
three thousand eight hundred and ninety-nine acres,
The amount received in the treasury from these sales,
from 1785 to 1820, was 1896,281.67. [Report land agent,
1843, p. 8.]
From 1820 to 1851, the number of acres sold, of lands
held in common with the State of Maine, was eight
hundred eighty-four thousand three hundred and forty-one,
Of the lands held separately by Massachusetts were sold
in the same period, one million five hundred and eighty -nine
thousand four hundred and ninety-one acres, (1,589,491,)
making a total in acres, of two millions four hundred and
seventy-three thousand eight hundred and thirty-two,
(2,473,832.) [Report 1851, p. 2.]
It thus appears from the records of the land department
that the number of acres sold from the establishment of the
land office in 1785, to 1851, deducting grants made for
X public uses, was six millions eight hundred and forty-two
thousand eight hundred and two, (6,842,802.) The
earliest reservations for public uses were 340 acres for each
township. Subsequently, as early as 1790, reservations
were made of four lots of 320 acres each ; one for the
support of the settled minister ; one for the ministry ; one
for schools, and one reserved for future legislative appro-
priation, making 1,280 acres for each township. In 1832,
the reservation was established at one thousand acres for
Grants of land have also been made at different periods
for educational purposes, for support of soldiers of the Rev-
olution, and for settlers at Madawaska, pursuant to article
fourth of the treaty of Washington.
No extensive sale of land appears to have been made in
1861 or 1852. Sales previously made were confirmed in
those years by the commissioners, and the amount received
SPECIAL MESSAGES. 687
in the treasury for lands was mainly derived from this
source. The amount received by the treasurer from the
sale of lands from 1785 to 1820, was $896,281.67.* The
amount received for sale of lands from 1820 to 1853 was
By a contract made twelfth March, 1853, and confirmed
by a deed dated September 1, 1853, a sale of 442,719 acres
of land, after deducting lots reserved for public uses, was
made to Clark & McCrillis, for the sum of $260,000, and
another tract of land described in the same deed, for
$12,000. Of these sums $123,240 remained unpaid October
1, 1859. For the security of this sum a lien upon the
timber cut, and the land itself is pledged by the terms of
A committee was appointed at the late session of the
legislature to consider and determine, after investigation
and personal examination of the land, what deduction from
this sum could justly be made, without improperly sacrific-
ing the interests of the Commonwealth. The final report of
this committee was submitted to the governor and council
on the 16th instant, and for the information of the house, in
answer to the last inquiry embraced in the Order of the
24th of October, a copy of the same is herewith transmitted.
The report is accompanied by the recommendation that
the debt now due be reduced by abatement from the sum of
$141,482.40, to the sum of $84,055.94.
By a deed bearing date October 5, 1853, this State con-
veyed to the State of Maine all its remaining interest in the
lands of that State, including reservations for public uses,
consisting of about one million two hundred and one thou-
sand three hundred and twenty-eight acres, for the sum of
$362,000, of which sum $112,000 was paid in cash, and the
balance in the scrip of that State. This sale closed up the
land transactions of Massachusetts in the State of Maine.
A recapitulation of the facts herein presented will aiford
an intelligible view of the transactions of the land depart-
From 1785 to 1820 the sales of land In Maine, in acres, was 4,368,970
Grants for educational and public uses, .... 1,074,929
From 1820 to 1851 sales of land held in common with
Maine, (acres,) 884,341
Sales of land held separately, 1,589,491
Sale to Clark & McCrillis, 1853, 442,719
Sale to the State of Maine, 1853, 1,201,328
Total of lands sold and alienated, acres, . . 9,562,778
* Report 1843, p. 8.
688 SPECIAL MESSAGES.
To the quantity of lands alienated must be added a
quantity, equal to one thousand acres for each township,
sold since 1820, which may be estimated at four hundred
and twenty-six thousand acres.
From these sales of public lands payments have been
made into the treasury as follows :
From 1785 to 1820, |896,281 67
From 1820 to 1851, 1,998,226 55
In 1851, $19,420 48
1852, 15,274 08
1853, 676,364 94
1854, 250 00
Total receipts, $3,605,817 72
The only mortgage or lien upon lands or timber now
existing, is that upon lands and timber sold to Clark &
McCrillis, consisting of 443,719 acres, reservations excluded,
held for the payment of the sum of $123,240 and the sum of
$9,180, and an additional sum of 89,062 due from the same
parties, secured also by notes. From these sums now
remaining unpaid, must be deducted whatever amount shall
be released to the parties named, in consideration of the
circumstances connected with the original sale.
For a full statement of the facts elicited by the investiga-
tions of the committee of tlie legislature and their con-
clusions thereupon, I have the honor to transmit a copy of
its final report made to the governor and council, according
to the provisions of the statute by which the appointment
[To the House of Representatives, December 28.]
A Bill, entitled "An Act for Revising and Consolidating
the General Statutes of the Commonwealth," has been trans-
mitted to this department of the government for revisal and
approval. It embraces the entire body of statute laws here-
tofore enacted by the coordinate departments of the govern-
ment, agreeably to the forms prescribed by the constitution
and laws of this State, with various legislative propositions,
not yet ripened into laws, adopted at their present session,
which must, if approved, more or less materially affect the
different interests of the Commonwealth, so far as they are
dependent upon or affected by changes in the laws.
The very important character of this work, as well as the
unusual circumstances attending its execution, will justify
at least an explanation of the views upon which I am led to
SPECIAL MESSAGES. 689
the approval or disapproval of this vast body of new and old
During the session of 1854, by the provisions of chapter
68 of the Resolves of that year, a Commission was appointed
to report " a plan for consolidating and arranging the gen-
eral statutes of this Commonwealth," An acceptable plan
of consolidation liaving been reported, a Resolve, approved
February 16, 1855, autliorized tlie appointment of " three
able and discreet persons, learned in the law, to be Com-
missioners for consolidating and arranging the general stat-
utes of the Commonwealth, which may be in force and
operation at the time such Commissioners may make their
The Commissioners were authorized, in consolidating and
arranging the statutes, to omit redundant enactments, and
those without effect or influence upon existing rights ; to
reject superfluous words, and condense circuitous, tauto-
logical and ambiguous phraseology into as concise and com-
prehensive a form as should be consistent with a full and
clear expression of the will of the legislature ; and to indicate
any mistakes, omissions, inconsistencies and imperfections,
which might appear in the laws to be consolidated and
arranged, and the manner in which they should be corrected,
supplied, and amended.
Subsequent legislation provided that the Commission
should terminate on the 31st day of December, 1858, and
that the report should be submitted to the legislature of the
By a Resolve approved February 23, 1859, the Report of
the Commissioners was referred to a committee of the Senate
and House, appointed to examine and consider, during the
recess of tlie legislature, the Report of the Commissioners on
the consolidation and arrangement of the general statutes,
" with power to propose such amendments in existing laws,
as such committee may deem expedient."
The powers conferred upon this committee admit of very
different interpretations. It may have been the purpose
of the legislature to confer the same powers exercised by
the Commissioners ; a power to propose such amendments
as .would tend to the just arrangement, consolidation, and
harmony of the then established laws of the Commonwealth.
Such certainly was the interpretation given to this statute
by one department of the government. The revised code,
from the nature of the Act, must necessarily be passed
upon ultimately by each of the coordinate departments, as
one statute ; embracing in a single Act all the legislation
690 SPECIAL MESSAGES.
remaining in force and effect from the foundation of the
Commonwealth. No embarrassment, no difficulty could
arise in such course of procedure either in the legislative
or executive department, because each statute thus embodied
in the consolidated and revised code would have been ap-
proved at some period or other of our legislative history, by
all branches of the law-making power ; and the ultimate and
final approval of the code on the part of the legislature and
the governor, would relate to the method, manner, and per-
fection of that " consolidation and arrangement of tlie gen-
eral statutes of the Commonwealth," which is declared in
every Act bearing upon this subject, from 1854 to the present
time, to have been the chief object and purpose of the gov-
A different and far more liberal interpretation has been
given to the duties and powers of the committee, and the
legislature in the exercise of its unquestionable authority,
with a wisdom which it is not my province or purpose to
question, has thought it expedient to make various impor-
tant changes, affecting nearly all the material interests of
the people, running through the entire code and body of
laws, with a view not merely to consolidate, arrange and
harmonize existing statutes, but looking apparently to the
establishment of a perfect code of laws.
Tliis vast body of original and proposed statutes, engrossed
upon upwards of fourteen hundred pages of parchment, has
been transmitted to me without an intelligible guide to
direct me to the means of separating proposed from the
hitherto established Acts of legislation, except by the minute
comparison of separate parchment rolls with the papers from
which they are engrossed, and I am required without the
intervention even of that period of time allowed by the con-
stitution for the consideration of the lightest Acts of ordinary
legislation, to approve or to reject in bulk, without discrimi-
nation or qualification, without mature consideration, and
almost without reading, the entire body of laws, upon which
the legislature has been engaged for many months.
I have not thought it proper — it has not seemed to me to
be within the province of this department — to take informal,
unofficial cognizance of the legislative proceedings, or to
request the transmission of its Acts, except at such times
and in such manner as should be consistent with its own
will and pleasure ; neither am I assured upon mature reflec-
tion, that the transmission of separate chapters of the code
at the close of the session would materially relieve my
embarrassment, if such course of procedure were possible
SPECIAL MESSAGES. 691
or practicable, which I am compelled to say admits of the
gravest doubts. But I feel it to be my duty, — alike with
reference to present leoislation and to the precedent it may
establish for succeeding legislatures, — to represent to the
legislature, with the most unqualified and profound respect,
that there has not beeu preserved such distinction between
legislative acts heretofore approved by the various depart-
ments of the government and tlie people, and the new and
important measures now first presented for approval, which
the original plan, purpose and policy of consolidation and
arrangement would seem properly to require ; — nor that
opportunity given for comparison, examination, considera-
tion and approval to which a co-ordinate and equal branch
of the government is entitled, or which the express letter as
well as the spirit of the constitution secures to the governor
of the Commonwealth, in the performance of this part of
" No Bill or Resolve of the Senate or House of Repre-
sentatives shall become a law and have force as such until
it shall liave been laid before the governor for his revisal."
" In order to prevent unnecessary delays, if any Bill or
Resolve shall not be returned by the governor, within five
days after it shall have been presented, the same shall have
the force of a law." — (Const., Chap. 1, Art. 2.)
It will not be assumed that an Act embracing an entire
code of laws, established and proposed, is a Bill or Resolve
in the spirit either of parliamentary law or the constitution,
or that an Act embracing all the legislative measures of an
ordinary session of the general court, presented to the gov-
ernor for revisal and approval at its close, would be a literal
compliance with the spirit or letter of that clause of the
constitution to which reference has been made.
It is not my purpose, nor can I believe it to be within the
scope of my official duty to dissent from the body of these
amendments. I cau only express my sincere and profound
regret, that the legislative action had not been confined to
the arrangement and consolidation of existing laws as
originally contemplated, and to acknowledge my apprecia-
tion of the difficulties and even impracticability of a sepa-
rate consideration and approval of the several parts of a code
There are many of these provisions to which, under ordi-
nary circumstances, I should cheerfully assent ; others which
I should most reluctantly approve if separately submitted
692 SPECIAL MESSAGES.
for revisal, conformably to the provisions of the constitu-
tion. But I do not think it proper, except upon the most
imperative considerations, to take any step which shall lead
or tend to the defeat of the work of revision at the present
session. The revision is of itself, if well performed, of the
greatest public importance. It will bring together in a vol-
ume of reasonable dimensions all the public statutes that
now lie scattered through many separate volumes, inacces-
sible to the great mass of the people.
The general approval bestowed upon the plan of revision
originally reported, the high reputation of the commission-
ers, and the assiduous labor they have bestowed upon the
work, as well as the examination which in the way of official
duty I have been able to give to it, lead me to believe that
it will be acceptable to the people, and greatly assist those
engaged in the administration of law. My profound respect
for the legislature, as for every body of men charged by the
people with the high responsibilities of legislators and law-
makers, confirms me in the hope that the changes now pro-
posed and embodied in the code submitted for revisal and
approval may also promote the interests of the Common-
wealth. Such at least is my expectation and desire, and upon
such grounds, I should give it a cordial approval, with the
exception of a single subject upon which I am compelled to
dissent from the action of the legislature. I refer to the
change made in the basis of the militia enrollment and
organization. Some years since, while connected with
another department of the government, my attention was
called to this subject, and during the present and past year,
in the way of official duty, altogether apart from legislative
considerations, upon petitions for the organization of com-
panies, it has been necessary that I should examine it with
renewed care, and it is my opinion that the legislation now
proposed in the organization and enrollment of the militia
of this Commonwealth, is plainly in contravention of con-
stitutional law, and therefore not within the powers granted
to the legislature.
In the controversy upon the adoption of the federal con-
stitution in this, as in other States, very earnest debate
arose upon the question, what powers were delegated to the
general government and what were reserved to the States ;
and the constitution was finally adopted by the requisite
number of States, with an understanding, that the provis-
ions afterwards embodied in article tenth of amendments
should be incorporated into the constitution itself, to wit :
" The powers not delegated to the United States by the con-
SPECIAL MESSAGES. 693
stitution nor prohibited by it to the States, are reserved to
the States respectively or to the people." The division of
powers therefore, is perfectly clear so far as this subject is
concerned. That which is not granted to the general gov-
ernment nor incident to the powers granted is reserved to
the States unless expressly prohibited.
The power to " provide for organizing, arming, and dis-
ciplining, the militia, and for governing such part of them as
may be employed in the service of the United States, reserv-
ing to the States respectively the appointment of officers and
the authority of training the militia according to the disci-
pline prescribed by congress," is one of the powers expressly
conceded to the federal government in tlie first article,
eighth section, of tlie constitution of the United States.
The power granted in express terms to the federal govern-
ment by this section of the constitution, is that of" organiz-
ing, arming, and disciplining the militia ; " that reserved to
the States is the " appointment of officers and the authority
of training the militia according to the discipline prescrib-
ed by congress." The power to organize includes that of
determining what classes of persons shall be so orgaiiized,
and this has been determined by an Act of congress approved
May 8, 1792, entitled "An Act more effectually to provide
for the mutual defence by establishing an uniform militia
throughout the United States."
The classes of persons which by these provisions of the con-
stitution and legislation of the United States are to be organ-
ized, armed, and disciplined, as an uniform militia through-
out the United States, are, able-bodied, white, male citizens
of the respective States, resident therein, who arc or shall
be of the age of eighteen years, and under the age of forty-
It is not, in my judgment, within tlie power of the legis-
lature to change this basis of enrollment, or enlarge or
diminish the classes of men embraced in this organization of
the militia. It is no sufficient answer to say that in chang-
ing the phraseology of the statute of the United States in
the enactment of our own militia laws, we still leave public
officers in the enrollment of the militia, to follow the laws of
the United States, without committing the people of this
State to a recognition of distinctions between men that are
not acceptable. Tlie militia is a national institution. In
all that pertains to its organization, armament and discipline,
our laws are but a republication of the laws of the United
States, for the information and instruction of the citizens of
this State ; and if in this republication we misrepresent the
694 SPECIAL MESSAGES.
fact, we lead them into innumerable and remediless diffi-
culties and constantly embarrass the administration of our
The assessors are required annually, in the month of May,
to make a list of persons living within their respective limits
liable to enrollment, and place a certified copy thereof in the
hands of the clerks of their respective towns or cities, and
annually, in the month of May, to transmit returns of the
militia thus enrolled to the adjutant-general. These re-
turns, certified by the governor of the Commonwealth, are
annually transmitted to the president of the United States.
The militia thus enrolled is liable to be called out at any
moment, in case of war, invasion, to prevent invasion, to
suppress riots, or to aid in the execution of the laws of the
Commonwealth. It would be a public wrong of the highest
character to mislead, by statutory direction, a public officer
in the discharge of these duties, and assuredly no provision
ought to stand as law, unless the legislature intends that
assessors and other public officers shall be boimd by its
Still less is it to be urged that, assuming a recent decision
of the supreme court of the United States to be just, cer-
tain persons are not citizens, and, therefore, their exclusion
need not be expressed or implied in our re-enactment of
the militia laws. The statutes of the Commonwealth are
yet free from the most distant recognition of the doctrines of
that decision, and I trust may forever so remain.
For these reasons, believing that the change proposed in
the basis of enrollment is palpably in contravention of consti-
tutional law, and cannot be executed by this department of
the government without an infringement of the constitution,
which I am sworn to support, I have thought it an impera-
tive duty to withhold executive approval, and I therefore
return the Bill to the House in which it originated, that it
may be re-reconsidered by the legislature conformably to
the provisions of the constitution.
Under other circumstances I should not hesitate in a case
like the present, to act upon my own judgment ; but inas-
much as a disapproval of the legislative proposition to which
I have referred imposes upon me the necessity of rejecting
without discrimination every statute approved by my prede-
cessors from the foundation of the government and every
amendment proposed by the present legislature, I have
thought it to be my duty, not only to give to the subject the
most serious consideration, but to seek direction from the
SPECIAL MESSAGES. 695
high legal authorities which the constitution and laws enable
me to consult.
I requested the attorney-general therefore to prepare an
opinion upon two propositions, which I have the honor to
transmit to the legislature, and subsequently upon the
request of the governor and council, the supreme judicial
court pronounced an opinion upon the same questions,
which has been transmitted to me by the honorable chief
justice of that court, and which I have the honor now to
lay before the two houses of the legislature. These opinions
are elaborate, learned, and decided. That of the supreme
court embodies one of the most luminous and learned expo-
sitions of the relations of the State and Federal govern-
ments, and of the origin, nature, and purpose of the insti-
tution of the militia of the United States and of this
Commonwealth, that judicial history presents.
It is unnecessary foi"me to ask of the legislature a candid
consideration of these able State papers. They cannot be
too carefully considered by legislators or by the people. It
is unnecessary for me to call the attention of the legislature,
in view of the rugged paths of national life on which too
obviously we are entering, to the necessity of maintaining
the organization of the militia, and of perpetuating the har-
mony of feeling and interest of its members with the prin-
ciples and institutions of the government, of which, as
citizens and soldiers, they are a chief support. Nor is it
necessary to enlarge upon the expediency, in every con-
sideration of public policy, of a constant and faithful
adherence to constitutional obligations. We can present
"no more reliable evidence of strength than the fact that we
can maintain our own privileges without invading the rights
of others ; and for a State inflexibly determined to submit
to nothing wrong, there is no safer rule of action than to
ask nothina; that is not right.
696 SPECIAL MESSAGES.
Commonwealth of Massachusetts.
Attorney-General's Office, Boston, |
December 15, 1859. j
To His Excellency, Governor Banks :
Sir, — I have received your request for an official opinion upon the
following questions relating to the militia, and have carefully con-
sidered the same :
The questions are,
1. Whether the legislature of this Commonwealth can constitu-
tionally provide for the enrolment in the militia of any persons
other than those enumerated in the Act of congress, approved May
8, 1792, entitled, "An Act more effectually to provide for the mutual
defence by establishing an uniform militia throughout the United
2. Whether the aforesaid Act of congress, as to all matters
therein provided for, and except as amended by subsequent Acts,
has such force in this Commonwealth, independently of, or notwith-
standing, any State legislation, that all officers under the State
government, both civil and military, are bound by its provisions.
I. The first question requires a consideration of the authority of
this Commonwealth, and of its legislature, in the "enrollment" of the
militia within its limits. To determine this, two inquiries naturally
1st. What rights had this Commonwealth, as a sovereign State,
over the organization of the militia before the adoption of the federal
2d. How far are those rights modified or impaired by the
constitution of the United States, or the laws made in pursuance
Whatever may be the history of the militia system, it must be
conceded that this Commonwealth, upon the adoption of its constitu-
tion, in 1780, asserting and maintaining by right of revolution an
independent sovereignty, claimed as one of its prerogatives the full
authority to control its own militia in all respects. The carefully
studied provisions still to be found in the constitution, relative to the
organization of the militia, and the appointment of officers, indicate
the interest taken in this most important auxiliary of a free State.
Const. Mass., Part 2, Ch. II., Sect. 1, Art. 10.
This article, as well as one almost immediately preceding, (Art. 7,
concerning the authority of the governor as commander-in-chief,)
suggests the obvious consideration that a militia system, which had
SPECIAL MESSAGES. 697
existed under the previous forms of government, was still to be pre-
served, and its division into brigades, &c., to be continued, except as
modified by the provisions of the constitution itself, " until the same
shall be altered in pursuance of some future laiv." Incidentally,
therefore, to the sovereignty of the Commonwealth, and conformably
to the spirit of the constitution, existed the right to provide by law ■•
for the organization of the militia. This power, so far as not repug-
nant or contrary to the constitution, pertains to the legislature by
force of the general delegation of authority contained in part second,
chapter 1, section 1, article 4. There can then be no doubt that,
except as to matters specially provided for by the constitution itself,
the general court, by virtue of that instrument, acquired the most
ample power and authority " to make, ordain and establish all
manner of wholesome and reasonable laws " relative to the organ-
ization of the militia. The oi'ganization of the militia includes not
merely the division of the citizens subject to military duty into
brigades, regiments and militaiy divisions ; but it also includes,
among other things, the establishment of the rules of military subor-
dination, and the principle by which a selection shall be made from
the body of the citizens for military duty. This selection may be
governed by various considerations of military fitness or public
policy. Age, health and stature are important in the former case.
The question of native or foreign birth may, in a time of war, when
sympathies and prejudices are easily excited, become very material
in determining the policy of the government. The law-making
power is therefore intrusted with very large authority. The selection
of subjects for military duty is made in this Commonwealth by
enrollment, and so frequently is that term used in the legislation of
our general court and of congress, i-elating to the militia, that it
has acquired a well-understood technical meaning. The " enroll-
ment " of the militia is that preliminary process of preparing lists of
those subject to militia duty, which lists form the basis of all future
action by those intrusted with the duty of organization. To "enroll"
the men is the first step towards organization.
No further suggestions are necessary to indicate that the legisla-
ture of the Commonwealth may prescribe the rules to be observed
in " enrolling " the militia, unless their authority has been impaired
by the constitution of the United States, or the laws of congress
made in pursuance thereof.
Thus the impoi'tant question of constitutional law recurs, whether
in view of the existing laws of the United States and the power
over the organization of the militia which is given to congress by
the federal constitution, a State legislature can constitutionally pro-
vide for the enrollment in the militia of any persons other than those
enumerated in the Act of congress, appi'oved May 8, 1792. It is
my opinion that a State legislature cannot make such a provision.
In the constitution of the United States, article 1, section 8, among
the other enumerated powers of congress, it is specially set forth
that congi-ess shall have power " to provide for organizing, arming
and disciplining the militia, and for governmg such part of them as
698 SPECIAL MESSAGES.
may be employed in the service of the United States, reserving to
the States, respectively, the appointment of the officers and the
authority of traming the mihtia, according to the discipline prescribed
If the power thus delegated to the federal congress is exclusive,
* the right of the State legislatures, in regard to prescribing who shall
be enrolled, is wholly abrogated.
The State government will clearly retain all the rights of sover-
eignty which it had before the adoption of the federal constitution,
and not thereby exclusively delegated.
Federalist, No. 32. Const. U. S., Art. 10 of the Amendments.
Is this delegation of power exclusive? In the number of the
Federalist already referred to, it is suggested that the alienation of
State power or sovereignty can exist only in three cases, viz. :
1. Where the constitution in express terms granted an exclusive
authority to the Union.
2. Where it granted in one instance an authority to the Union,
and in another prohibited the States from exercising the like author-
3. Wliere it granted an authority to the Union, to which a similar
authority in the States would be absolutely and totally contradictory
A similar classification is adopted by Mr. Justice Story in Hous-
ton V. Moore, 5 Wheat. 49, and it is stated by Chancellor Kent, 1
Kent's Com. 387, that in the course of judicial construction, from
time to time, there has been no essential variation from the contem-
porary exposition of the Federalist.
Under this classification, can this power be deemed exclusive?
It certainly does not fall Avithin either of the first two classes.
Certainly not within the first. Neither is it included in the second.
There is no prohibition to the States in regard to the exercise of a
like authority. To be sure, no State can keep troops or ships of
war, in time of peace, (Const. U. S., Art. 1, Sect. 10,) but in view of
the powers reserved to the States in relation to the appointment of
officers and the ti-aining of the militia, this prohibitory clause cannot
be claimed, and never has been claimed, to apjily to the militia.
Thispower, if claimed to be exclusive, must then be ranked, if in any,
in the third class enumerated in the Federalist. And such has been
the decision of the court of last resort. The leading, and perhaps,
the only decisive case, upon this point, is that of Houston v. Moore,
5 Wheat. 1. In that case Mr. Justice Washington, in delivering
the opinion of the court (p. 21) says: — "It may be admitted at
once, that the militia belong to the States, respectively, in which
they may be enrolled, and that they are subject, both in their civil
and military capacities, to the jurisdiction and laws of such State,
except so far as those laws are controlled by Acts of congress con-
stitutionally made. Congress has power to provide for organizing,
arming and disciplining the militia ; and it is presumable that the
framers of the Constitution contemplated a full exercise of all these
powers. Nevertheless, if congress had declined to exercise them,
SPECIAL MESSAGES. 699
it was competent to the State governments to provide for organizing,
arming and disciplining their respective miUtia, in such manner as
they might think proper. But congi-ess has provided for all these
subjects, in the way which that body must have supposed the best
calculated to promote the general Avelfare, and to provide for the
national defence. After this, can the State governments enter upon
the same ground — provide for the same objects as they may think
proper, and punish in their own way violations of the laws they
have so enacted ? The affirmative of this question is asserted by
the defendant's counsel, who, it is understood, contend, that unless
such State laws are in direct contradiction to those of the United
States, they are not repugnant to the constitution of the United
" From this doctrine, I must, for one, be pei'mitted to dissent. The
two laws may not be in such absolute opposition to each other, as to
render the one incapable of execution, without violating the injunc-
tions of the other ; and yet, the will of the one legislature may be in
direct collision with that of the other. This will is to be discovered
as well by what the legislature has not declaimed, as by what they
have expressed. Congress, for example, has declared, that the
punishment for disobedience of the Act of congress, shall be a
certain fine ; if that provided by the State legislature for the same
offence be a similar fine, with the addition of imprisonment or death,
the latter law would not prevent the former from being carried into
execution, and may be said, therefore, not to be repugnant to it. But
surely the will of congress, is, nevertheless, thwarted and opposed.
" This question does not so much involve a contest for power
between the two governments, as the rights and privileges of the
citizen, secured to him by the constitution of the United States, the
benefit of which he may lawfully claim."
It should, however, be suggested that in this class of cases of dele-
gation of power, the authority of the State is not always considered
lost until the similar authority has been actually exercised, and only
to the extent of its exercise, by the federal government. For, in
many instances, the States may legislate in the absence of congres-
sional regulation, — the correct principle being, that whenever the
terms in which the power is granted to congress, or the nature of
the power requires that it should be exercised exclusively by con-
gress, the subject is as completely taken from the State legislatures,
as if they had been expressly forbidden to act upon it.
Sturgess v. Crowninshield, 4 "Wheat. 193.
The power of congress, in relation to the organization of the
militia, is one which becomes exclusive when exercised, and not till
then. Houston v. Moore, ut supra.
See also opinion of Story, J. Same case, p. 52.
With these explanations, the answer to the first question pro-
pounded is obvious. The power of congress having been exercised
by the enactment of the statute of 1792, which so far as relates to
the enrollment of the militia, is still in force, all State legislation upon
the same subject matter is wholly nugatory and void. To provide,
700 SPECIAL MESSAGES.
by a law of this Commonwealth, that a different class of men shall
be selected for militia duty from those specified by an Act of con-
gress, constitutionally passed, in the exercise of a power distinctly
granted, is a violation of the paramount law of the land. The
militia, thus enrolled, are the militia who, under federal authority,
may be called upon to suppress insurrection or repel invasion.
They are the militia to whom the arms and munitions of war,
provided by the federal government, are intrusted, conformably to
the laws of the United States. They are the militia whose organi-
zation, according to a uniform system, is contemplated by the con-
stitution. But how can that uniformity be secured, if the laws of
the United States are not to be obeyed ? There may be one
standard for Maine and another for Califoi-nia. The efficiency of
the system may be wholly impaired by the enrollment of too small
a number or by including those of infirm age or feeble health. But
illustrations need not be multiplied in so clear a case. Any State
law, establishing a different standard of enrollment from that estab-
lished by a law of congress is so far unconstitutional and void.
My attention has been called to the article of amendment to the
federal constitution (Art. 2,) that " a well regulated militia being
necessary to the security of a free State, the right of the people to
keep and bear arms shall not be infringed," and to article XVII. of
the Bill of Rights prefixed to the constitution of this Commonwealth,
which provides that " The people have a right to keep and to bear
arms for the common defence ; and as in time of peace armies are
dangerous to liberty, they ought not to be maintained without the
consent of the legislature ; and the military power shall always be
held in an exact subordination to the civil authority, and be governed
I am wholly at a loss, however, to understand how the right to
bear arms is impaired by exclusion from the militia. The militia is
the citizen soldiery of a nation, necessarily organized upon some
principle of exemption, or even exclusion, by a process technically
called enrollment, to be held in readiness for great emergencies, like
insurrection or invasion, but not ordinarily to be requii-ed to perform
active and constant military duty. The claim that all persons,
entitled to bear arms, are entitled to enter this organization, may
lead to the absurd conclusion, that persons of all classes, aliens as
well as citizens, females as well as males, all in fact who may assert
the right of self-defence, have a right to be enrolled.
The opinion now expressed, does not apply to the right of individ-
uals peaceably to organize themselves into armed bodies, at their
own expense, for military instruction, or defence against lawless
violence, in regard to which I do not understand any inquiry to be
II. The second question requires, in reply, the statement of a
few principles, which have become so famihar as to be considered
The constitution of the United States (Art. 6,) contains the
following provision, " This constitution and the laws of the United
SPECIAL MESSAGES. 701
States which shall be made in pursuance thereof, and all treaties
made, or which shall be made, under the authority of the United
States shall be the supreme law of the land ; and the judges in
every State shall be bound thereby, any thing in the constitution or
laws of any State to the contrary notwithstanding." The question
propounded assumes the case of a law, constitutionally enacted by
congress, in the exercise of an unquestioned power, and the inquiry
is, whether so much as has not been repealed or modified by subse-
quent Acts of the same body, has the force of law in this Common-
wealth, and must be obeyed by all officers, civil and military, in the
absence, or even in the conflict of State legislation. There can be
but one answer to this naked question. The law of congress is the
supreme and paramount law of the land. Its authority extends
throughout the United States, not through the State governments,
but notwithstanding all local laws and regulations. So far as
State laws conform, they are nugatory and harmless ; so far as they
conflict, they are unconstitutional and void.
Houston V. Moore, 5 Wheat. 24.
Norris v. Boston, 4 Met. 295.
Up to this point there is no difficulty, and perhaps it is safe simply
to suggest, that all officers under the State government, civil and
military, are bound by its provisions. I am not aware that the Act
of 1792, which is referred to, imposes directly any duty upon any
State officers, not military. It contains provisions relating to the
duty of the adjutants-general of the several States, and other officers
in the staflf and line of the militia. By force of the constitutional
provision, already cited, which while it authorizes congress to pro-
vide for the organization of the militia, reserves to the States the
right of the appointment of its officers, and the authority of training
it, according to the discipline prescribed by congress, our militia and
its officers are made directly subject to the Act of 1792.
But I am embarrassed as to its effiBCt upon officers whose functions
are purely civil, and who derive their authority from State laws.
Thus recent statutes of this Commonwealth (stat. 1840, chap. 92,
§§ 3, 4 — stat. 1842, chap. 93", § 7,) impose upon the assessors the
duty of making lists of persons liable to enrollment, and of trans-
mitting the same through the town clerks to the adjutant-general.
But assessors are not officers of the federal government, nor can the
United States government require them, as such, to aid in the organ-
ization of the militia system. These are the opinions that seem to
result necessarily from the opinion of the Supreme Court of the
United States, in Houston v. Moore, already cited. It is the exact
doctrine laid down by that court in Prigg v. Pennsylvania, 1 6 Pet.,
616, where it is asserted that the States cannot be compelled to
enforce the provisions of the fugitive slave law of 1793, the national
government being alone bound, through its own proper departments,
legislative, judicial or executive, to carry into effiict all the rights
and duties imposed upon it by the constitution, in respect to this
subject-matter. An intimation of similar character is given by the
supreme judicial court of this Commonwealth, in relation to the
702 SPECIAL MESSAGES.
effect of the United States naturalization laws, in the case of Stephens,
Petr., 4 Gray, 5G2.
It results from these considerations that militia officers, although
by one of the anomalies of the federal constitution they are elected
or appointed conformably to State laws, are nevertheless officers
under a great federal system, and must yield in all respects both
active and passive obedience to the aforesaid Act of congress.
All State laws which impose upon any civil officers, such as
assessors and town clerks, or the like, duties which are inconsistent
with the law of the United States, are so far void, and of no obliga-
tion whatever. But the purely civil officers of a State cannot, as
such, be compelled to take any active part in the administration of
the militia law of the United States, unless the exact duty is imposed
upon them by the Act of their own legislature, constitutionally
passed, in conformity with some law of congress in the exercise of
its power to organize the militia.
I therefore most respectfully submit, as the result of my investi-
gations, that —
I. The legislature of this Commonwealth cannot constitutionally
provide for the enrollment in the militia of any persons other than
those enumerated in the Act of congress, approved May 8, 1792,
entitled " An Act more effectually to provide for the national
defence by establishing an uniform militia throughout the United
II. The aforesaid Act of congress, as to all matters therein pro-
vided for, and except as amended by subsequent Acts, has the force
of law in this Commonwealth ; in the absence or even conflict of
State legislation, all military officers under the State government are
bound by its provisions, and must render both active and passive
obedience. All officers whose functions are purely civil, must obey
it as the paramount law of the land and cannot obstruct its execution ;
but they cannot, without consistent State lec/islation., be required to
enforce it, or to lend the influence and authority of their offices in
carrying it into effect.
All of which is most respectfully submitted by
Your obedient servant,
STEPHEN H. VHYLLIV^, Attorney- General
SPECIAL MESSAGES. 703
OPINION OF THE SUPREME JUDICIAL COURT
ORGANIZATION OF THE MILITIA:
Answer to Interrogatories propounded by the Governor and Council.
Whether the legislature of this Commonwealth can constitutionally
provide for the enrollment in the militia, of any persons other than
those enumerated in the Act of congress, approved May 8, 1792,
entitled, " An Act more effectually to provide for the national
defence, by establishing an uniform militia throughout the United
States " ?
Whether the aforesaid Act of Congress, as to all matters therein
provided for, and except as amended by subsequent Acts, has such
force in this Commonwealth, independently of, or notwithstanding
any State legislation, that all officers under the State government,
civil and military, are bound by its provisions ?
The undersigned, justices of the supreme judicial court, having
considered the above stated interrogatories, propounded to them by
the governor and council, do hereby, in answer thereto, respectfully
submit the following opinion :
We are first, as preliminary to any direct answer to the inquiries,
to consider what the militia was, as understood in the constitution
and laws, both of this Commonwealth and of the United States. It
was an institution, not only theoretically known but practically
adopted and carried into effect in all the colonies and provinces
before the revolution, and even before the formation of a congress
for any purpose. The utility and capabilities of this institution for
military purposes had been put to a severe test by the events of the
revolution, and were well understood before either of these consti-
tutions was adopted.
Prior to the revolution, the establishment and control of this insti-
tution was within the jurisdiction of the respective colonial and
provincial governments, because these were the only local govern-
ments acting directly upon the rights and interests of the inhabitants
within their respective territorial Umits. It was constituted by
designating, setting apart, and putting in military array, under
704 SPECIAL MESSAGES.
suitable military officers, all the able-bodied male inhabitants of
the province, with certain specified exceptions, and was held in read-
iness, upon certain exigencies, and in the manner provided by law, to
act under military orders as a military armed force. It was the
constituting of a citizen soldiery, in contradistinction to a regular or
standing army. Such having been the jurisdiction of the several
provincial governments, it naturally devolved upon the respective
State governments, after the Declaration of Independence, and
during the earlier years of the revolutionary war. During that
period, all were acting under the articles of confederation, which
was rather a league between the States for mutual defence, than a
government acting directly upon the people of those States.
The constitution of Massachusetts was adopted and went into
operation in 1780. It recognized the militia as an essential depart-
ment of the constitution of its government, and provided for the
enrollment of the men, the appointment of the officers, their duties
and powers, with all the details to give efficiency to this cherished
arm of defence, and declaring its proper subordination to the civil
power. It also, in the declaration of rights, distinctly declared the
right of the people to bear arms. But this constitution, recognizing
the existence of the articles of confederation between the States,
and the powers thereby vested in the Congress of the United States,
and possibly anticipating important changes therein, reserved from
the State governments all powers then vested, or which might after-
wards be constitutionally vested in congress.
Several years afterwards, in 1789, the constitution of the United
States having been adopted by the required number of States,
including Massachusetts, went into operation, and became the law
of the land. This system was founded upon an entirely different
principle from that of the confederation. Instead of a league among
sovereign States, it was a government formed by tlic people, and to
the extent of the enumerated subjects, the jurisdiction of which was
confided to and vested in the general government, acting directly
upon the people. " We, the people," are the authors and constitu-
ents ; and " in order to form a more perfect union," was the declared
purpose of the constitution of a general government.
It was a bold, wise and successful attempt to place the people
under two distinct governments, each sovereign and independent,
within its own sphere of action, and dividing the jurisdiction between
them, not by territoinal limits, and not by the relation of superior
and subordinate, but classifying the subjects of government, and
designating those over which each has entire and independent juris-
diction. This object the constitution of the United States proposed
to accomplish, by a specific enumeration of those subjects of general
concern in wliich all have a general interest, and to the defence and
protection of which the undivided force of all the States could be
brought promptly and directly to bear.
Some of these were, our relations with foreign powers, war and
peace, treaties, foreign commerce and commerce amongst the several
States, with others specifically enumerated ; leaving to the several
SPECIAL MESSAGES. 705
States their full jurisdiction over rights of person and property, and,
in fact, over all other subjects of legislation not thus vested in the
general government. All powers of government, therefore, — legis-
lative, executive and judicial, — necessary to the full and entire
administration of government over these enumerated subjects, and
all powers necessarily incident thereto, are vested in the general
government ; and all other powers, expressly as well as by implica-
tion, are reserved to the States.
This brief and comprehensive view of the nature and character of
the government of the United States, we think is not inappropriate
to this discussion, because it follows as a necessary consequence that
so far as the government of the United States has jurisdiction over
any subject, and acts thereon within the scope of its authority, it
must necessarily be paramount, and must render nugatory all legis-
lation by any State, which is repugnant to, and inconsistent with it.
There may, perhaps, in some few cases, be a concurrent jurisdiction,
as in case of direct taxation of the same person and property ; but
until it shall practically extend to a case where there may be an
actual interference, by seizing the same property at the same time,
the exercise of the powers by the one is not, in its necessary effect,
exclusive of the exercise of a like power by the other ; but in such
a case, they are not repugnant. That one must be so paramount, to
prevent constant collision, is obvious ; and accordingly the constitu-
tion expressly provides that the constitution and all laws and treaties
made in pursuace of its authority, shall be the supreme law of the
Assuming that such was the manifest object of the people of the
United States, and of the several States, respectively, in establishing
the two distinct governments in each State, we proceed to the more
direct consideration of the questions propounded.
The establishment of a militia was manifestly intended to be
effected by arranging the able-bodied men, in each and all the States
in military array, arming and placing them under suitable officers,
but without forming them into a regular or standing ai-my, to be
ready, as the exigency should require, to defend and protect the
rights of all, whether placed under the administration of the local or
general government, to be called out by either, in the manner and
for the purposes determined by the constitution and laws of either.
It was one and the same militia for both purposes, under one uni-
form organization and discipline, and to be commanded by the same
officers. Were it otherwise, were the general and the State govern-
ments to have their own militia, the result would have been that
there would be, within the bosom of each State, a large embodied
military force, not by its organization amenable to the laws or subject
to the orders of the State government ; and also a similar force, on
which the general government would have no right to call for aid, to
repel invasion, suppress insurrection, or execute the laws ; a state of
things, not only rendering each, to a great extent, inefficient and
powerless, but also entirely destructive of that harmony and union,
which were intended to characterize the combined action of both
706 SPECIAL MESSAGES.
governments. We find, therefore, tliat the functions of botli are
called into activity, in constituting this military force and carrying it
into practical operation.
The constitution of the United States having charged the general
government with the administration of the foreign relations of the
whole Union, and the military defence of the whole, provides, article 1
section 8, " That congress shall have power to provide for calling
forth the militia to execute the laws of the Union, suppress insurrec-
tions and repel invasions ; to provide for organizing, arming and dis-
ciplining the militia, and for governing such part of them as may be
employed in the service of the United States, reserving to the States
respectively, the appointment of the officers, and the authority
of training the militia, according to the discipline prescribed by
" Organizing " obviously includes the power of determining who
shall compose the body known as the militia. The general principle
is, that a militia shall consist of the able-bodied male citizens. But
this description is too vague and indefinite to be laid down as a prac-
tical rule ; it requires a provision of positive law to ascertain the
exact age, which shall be deemed neither too young nor too old to
come within the description. One body of legislators might think
the suitable ages would be from 18 to 45, others from 16 to
30 or 40, others from 20 to 50. Here the power is given to the
general government, to fix the age precisely, and thereby to put an
end to doubt and uncertainty ; and the power to determine who
■ shall compose the militia, when executed, equally determines who
shall not be embraced in it, because all not selected are necessarily
The question upon the construction of this provision of the consti-
tution is, whether this power to determine who shall compose the
militia is exclusive. And we are of opinion that it is. A power
when vested in the general government is not only exclusive when it
is so declared in terms, or when the State is prohibited from the
exercise of the like power, but also when the exercise of the same
power by the State is superseded, and necessarily impracticable and
impossible, after its exercise by the general government. For
instance, when the general government have exercised their power
to establish an uniform system of bankruptcy, that is, laws for
sequestering and administering the estate of a living insolvent
debtor ; when one set of commissioners and assignees of such
estate have taken possession of property, with power to sell and
dispose of it, and distribute the proceeds, another set of officers,
under another law, cannot take and dispose of the same prop-
erty. The one power is necessarily repugnant to the other ; if
one is paramount, the other is void. We think the present case is
similar. The general government having authority to determine
who shall and who may not compose the militia, and having so
determined, the State government has no legal authority to prescribe
a different enrollment. This power was early carried into execution
by the Act of congress of May, 1792, being an " Act more effectu-
SPECIAL MESSAGES. 707
ally to provide for the national defence, by establishing an uniform
militia throughout the United States." This Act specially directs
who shall be, and by necessary implication, who may not be enrolled
in the militia. This is strengthened by a provision that each State
may by law exempt persons embraced in the class for enrollment,
according as the peculiar form and particular organization of its
separate government may require ; but there is no such provision
for adding to the class to be enrolled.
We are therefore of opinion, that the legislature of this Common-
wealth cannot constitutionally provide for the enrollment in the militia
of any persons, other than those enumerated in the Act of congress
of May, 1792, hei-ein before cited.
We do not intend, by the foregoing opinion, to exclude the exist-
ence of a power in the State to provide by law for arming and
equipping other bodies of men, for special service of keeping guard,
and making defence, under special exigencies, or otherwise, in any
case not coming within the prohibition of that clause in the consti-
tution, article 1, section 10, which withholds from the State the power
" to keep troops ; " but such bodies, however armed or organized,
could not be deemed any part of " the militia," as contemplated and
understood in the constitution and laws of Massachusetts and of the
United States, and, as we understand, in the question propounded for
Nor is this question, in our opinion, affected by article 2 of
the amendments of the constitution, of the following tenor : — "A
well-regulated militia being necessary to the security of a free State,
the right of the people to keep and bear arms shall not be in-
This, like similar pi'ovisions in our own declaration of rights,
declares a great general right, leaving it for other more specific
constitutional provision, or to legislation, to provide for the preserva-
tion and practical security of such right, and for influencing and
governing the judgment and conscience of all legislators and magis-
trates, who are thus required to recognize and respect such rights.
In answer to the second question proposed, we are of opinion that
the Act of congress above cited, as to all matters therein fjrovided
for, except so far as it may have been changed by subsequent Acts,
has such force in this Commonwealth, independently of and not-
withstanding any State legislation, that all officers under the State
government, civil and military, are bound by its provisions.
GEORGE T. BIGELOW.
EBENEZER R. HOAR.
Boston, Dec. 23, 1859.
(JDommoniBealtlj of Passadjusetts.
Secretaey's Department, Boston,
- January 1860.
I hereby certify that the printed Acts, Resolves, Messages,
&c., contained in this volume, are true copies of the originals.
Secretary of the Commonwealth.
Almshouse, State, at Monson, relating to preservation of, from fire,
Ancient and Honorable Artillery Company, Resolves of thanks to,
Andrews, John P. and George, Trustees, Resolve on petition of.
Appropriation, additional, for better protection of State Almshouses
from fire, .....
" for vrarming and ventilating the Representatives' Hall,
Appropriations, certain, authorizing transfer of, for Military purposes,
" for certain expenditures and deficiencies, and for other
" for compensation of the Committee on Revision of the
Statutes, and other purposes,
" for compensation of the Doorkeepers, Messengers and
" for Mileage and Compensation of the Legislature,
" further, for repair and maintenance of Charles River
and Warren Bridges,
Artillery, Ancient and Honorable, Resolve of thanks to,
Assistant-Librarian, relating to salary of, ...
Baptist Society, Shawmut Avenue, in Boston, to incorporate,
Bass, John P., Resolve for relief of, .
Benson, George W., Resolve in favor of the Widow of.
Board of Agriculture, relating to Salary of Secretary,
Bridges, Charles River and Warren, relating to repairs upon,
" '< " " " further appropriations for,
Buildings, Wooden, in the City of New Bedford, for the regulation of.
Charles River and Warren Bridges, relating to Repairs upon, . 651,652
" •' " " ♦' further appropriations for repair
and maintenance of, . 641
Church, Newton Street Methodist Episcopal, to change the Name of,
Clerk of Committee on Revision of the Statutes, Resolve for pay of.
Commissioner, Indian, extending time for Report of,
Commissioners of Dukes County, to borrow money to finish the Court
House at Edgartown,
" of Essex County, to borrow money to rebuild the Court
House at Lavrrence,
" on the Revision of the Statutes, Resolve for payment of,
Committee on Flowage of Lands, Resolve for compensation of, .
" on the Liquor Commission, Resolve for payment of ex
penses of, .... .
'• on Maine Lands, Resolve for compensation of,
" on Revision of the Statutes, ApjDropriations for compensa-
" " <' " and its Officers, Resolve for pay
Commonwealth, Territorial Limits of, declaring, and establishing the
limits of certain Counties, ....
Constables, for removal of, for cause, in cities.
Counties, certain, limits and jurisdiction of, established.
Court House at Edgartown, authorizing loan for finishing,
" " at Lawrence, authorizing loan for rebuilding.
Court, Supreme Judicial, concerning,
" " " in the County of Worcester,
terms of, .
" " " and the Superior, relating to terms of,
Crane, William S., Resolve in favor of the Widow of,
Criminal Cases, relating to Jurisdiction in.
Doorkeepers, Messengers, and Pages, Appropriations for compensation of, 631, 643
" " " Resolve for payment of, • . 652, 655
Dukes County, Court House at Edgartown, authorizingloan for finishing, 647
Eighth Society Methodist Episcopal Church in Boston, concerning
change of Name to, . . . . . . . 631
Encampment, State, at Concord, expenses of transportation to. Resolve
for payment to certain Companies, . . . . . 651
Essex County, Commissioners to borrow money to rebuild Court House
at Lawrence, ....... 647
Flowage of Lands, Committee on. Resolve for compensation of,
General Statutes, relative to appending a Glossary to, . . . Page 656
" " relative to publication and distribution of, . 656, 657, 658
Glossary to the General Statutes, relative to appending, . . 666
Habeas Corpus, relating to Writ of, . , . . . 641
House in Hancock Street, lately occupied by the Sergeant-at-Arms,
Resolve for the payment of certain expenses of the sale of, . . 646
Indian Commissioner, extending time for Report of, . . . 647
Jurisdiction in Criminal Cases, relating to, . . . . 632
•' and limits of Certain Counties established, . . . 640
Lands, Flowage of, Resolve for payment of Committee on, . . 655
Lands in Maine, Committee on, Resolve for compensation of, . . 652
" " repealing in part Resolve, chap. 52, of 1859, concerning, 655
Legislature, Mileage and Compensation of Members, Appropriations for, 630
*' Officers and Members of, fixing Compensation of, . . 650
" Travel of members, concerning, . . . . 654
Librarian, Assistant, relating to salary of, .... 650
Library, State, concerning, ...... 653
Liquor Commission, Committee on. Resolve for payment of expenses, . 656
Lumber District, establishment of, and appointment of a Surveyor-
General, additional to Act authorizing, . . . . 629
Maine Lands, Committee on. Resolve for compensation of, . . t 652
" '« repealing in part Resolve chap. 52, of 1859, concerning, . 655
Mann, Horace, Resolve relating to a Statue of, . . . . 649
Messages, Special, . . . . . . • 659
Messengers, Door-keepers and Pages of the Legislature, Appropriations
for compensation of, . . 631,643
«• •» " Resolves for payment of, . . 652, 655
Methodist Episcopal Church, Newton Street, Boston, name changed to
Trustees Eighth Society, ••..,. Page 631
Mileage and Compensation of Members of the Legislature, appropri-
tions for, ..,..,., 630
Military Bounties, authorizing transfer of certain appropriations to
account of, . . , . . . _ ggy
" Companies, certain, Resolve for payment expenses of trans-
portation to State Encampment, .... 651
Nautical Branch of the State Reform School, authorizing purchase of
Vessel for, . 648
" " " " establishing, , , 636
" " " " relating to, . . 637, 650
New Bedford, Wooden Buildings in, for the regulation of, . . 639
Newton Street Methodist Episcopal Church, Trustees of, name changed, 631
Officers of the Legislature, Resolve for compensation of, . . 650
Pages, Messengers and Door-keepers, appropriations for compensation of, 631, 643
" " " Resolve for payment of, . . 652, 655
Public Lands in Maine, repealing in part Resolve, chap. 52, of 1859,
respecting, ..... 655
" " Resolve for compensation of the Committee on, 652
PubHcation and Distribution of the General Statutes, relative to, 656, 657, 658
Reform School, State, concerning, ..... 647
" " State, establishing the Nautical Branch of, . . 636
" " State and Nautical Branch of, relating to, . . 637, 650
" " State, Nautical Branch of, authorizing purchase of a
Vessel for, ...... 648
" " State, providing for the erection of certain buildings for, 653
Reports of Decisions of S. J. Court, purchase and distribution of, addi-
tional Act respecting, . . . . , . 641
Representatives' Hall, appropriation for warming and ventilating-' . 657
Revision of the Statutes, appropriation for compensation of the Com-
mittee on, .... 643
" " " authorizing issue of scrip for payment of ex-
penses, ..... 642
Revision of the Statutes, Resolve for payment of Commissioners on, . Page 652
" " " Resolve for payment of Committee on and
Officers, ..... 650, 652
Robinson, James T., Resolve in favor, ..... 646
Russell, James, Resolve in favor of, .... . 554
Salaries of Secretary Board of Agriculture and Assistant Librarian, re-
lating to, ....... . 650
School, State Reform, authorizing purchase of a Vessel for Nautical
Branch of, . . . . . 648
" " " establishing the Nautical Branch of, . . 636
" " " Nautical Branch of, relating to, . . . 637, 650
" " " providing for erection of certain buildings for, . 653
" " " Resolves concerning, .... 647
Scrip, authorizing issue of, for payment of expenses of the Revision of
the Statutes, ........ 642
Secretary of Board of Agriculture, relating to salary of, . . . 650
Sergeant-at-Arms, Resolve for payment of certain expenses of sale of
House lately occupied by, . . . 646
" Resolve for payment of, for extra services, . . 655
Shawmut Avenue Baptist Society in Boston, to incorporate, . . 640
Special Messages, ........ 659
State Almshouse at Monson, relating to preservation of from fire, . 647
" Encampment, Resolve for payment expenses of transportation of
certain companies to, . . . . . . 651
" Library, concerning, ...... 653
«' Reform School, establishing the Nautical Branch of, . . 636
«' •' '< Nautical Branch of, authorizing purchase of Ves-
sel for use of, . . . . . 648
•' " " and Nautical Branch of, relating to, . . 637, 650
'* " " providing for the erection of certain buildings for, 653
'< *' '♦ Resolves concerning, .... 647
" relative to certain property held by, under mortgage from Nor-
mand and Phebe B. Stiles, ..... 653
Statue of Horace Mann, Resolve in relation to, . . . . 649
" of Webster, Inauguration of. Resolve for payment of certain
expenses, ....... 654
Statutes, General, relative to appending a Glossary to, . . . 656
" " relative to the publication and distribution of, 656, 657, 658
" Revision of, appropriation for compensation of the Committee on, 643
" " authorizing issue of Scrip for payment of the
expenses of, . . . . . 642
" " Resolve for payment of the Commissioners on, . 652
" " Resolve for payment of Committee on and Officers, 650,662
Stiles, Normand and Phebe B., relative to certain property held by the
State under mortgage from, ...... Page 653
Stowell, Luther, Resolve in favor of, . . . . . 650
Strickland, Lemuel K., to confirm certain acts of, as Justice of the
Peace, ........ 630
Superior and Supreme Judicial Courts, relating to terms of, . , 629
Supreme Judicial Court, concerning, ..... 635
" " " terms of, in the County of Worcester, . . 629
" *' " Reports of Decisions, respecting purchase and
distribution of, additional Act, . . 641
" " " and the Superior, relating to terms of, . . 629
Surveyor- General of Lumber, appointment of, &c., additional to Act
authorizing, ........ 629
Territorial limits of the Commonwealth, declaring.
Travel of Members of the Legislature, concerning, . . .
Trustees of the Newton Street Methodist Episcopal Church in Boston,
name changed to Trustees Eighth Society, ....
Ventilating and Warming of the Representatives' Hall, appropriation
for, ........ . 667
Vessel, authorizing purchase of, for Nautical Branch of the State
Reform School, . . . . . . . 648
AVarren and Charles River Bridges, farther appropriations for repair and
maintenance of, . . 641
" «» " " " relating to, .... 651
•< «< " " " repairs upon, . . . 662
Watchmen of the State House, Resolve for compensation of, for ser-
vices as Messengers, ....... 655
Webster Statue, Inauguration of. Resolve for payment of certain ex-
penses attending, ....... 654
Wooden Buildings in the city of New Bedford, for the regulation of, . 639
Worcester County, terms of Supreme Judicial Court in, concerning, . 629
Writ of Habeas Corpus, relating to, . . . . . 641